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Krile v. Lawyer

Docket No. 20190367
Oral Argument: Thursday, May 14, 2020 2:45 PM

Docket Info

Title
Robyn Krile, Plaintiff and Appellant
v.
Julie Lawyer, In her official and individual
capacity as Assistant Burleigh County
State's Attorney, Defendant and Appellee
Case Type
CIVIL APPEAL : TORTS (NEGLIGENCE, LIAB., NUIS.)
Appeal From
Case No. 2019-CV-00667
South Central Judicial District, Burleigh County
Troy J. LeFevre
2020 ND 176947 N.W.2d 366
Oral Argument 5/14/2020

Highlight

In deciding a motion to dismiss under N.D.R.Civ.P. 12(b)(6), district courts may consider materials embraced by the pleadings and materials that are part of the public record without converting the motion to a summary judgment under N.D.R.Civ.P. 56.

Communications made by a state’s attorney while performing an official duty as prescribed in N.D.C.C. § 11-16-01 are entitled to absolute privilege under N.D.C.C. § 14-02-05(1).

A communication made by a state’s attorney while performing his or her official duty to conduct criminal prosecutions under N.D.C.C. § 11-16-01(1) is absolutely privileged if made while performing an act or during an activity “intimately associated with the judicial phase of the criminal process.”

Disclosures made to an administrative agency, at the request of the agency, and during the course of a statutorily authorized investigation by the agency are absolutely privileged under N.D.C.C. § 14-02-05(2).

Briefs

Filing Date Description
03/17/2020 APPELLANT BRIEF View
04/16/2020 APPELLEE BRIEF View
04/30/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE SPEC. ASST. STATE'S ATTY. Randall Joseph Bakke - 03898
APPELLEE SPEC. ASST. STATE'S ATTY. Bradley Neuman Wiederholt - 06354
APPELLANT PRIVATE PRACTICE Lynn M Boughey - 04046

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 11/22/2019 NOTICE OF APPEAL : 11/22/2019
2 11/22/2019 ORDER FOR TRANSCRIPT : 11/22/2019
3 11/22/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 11/22/2019 Notice served onl Lynn M. Boughey and Randall J. Bakke
5 12/18/2019 ELEC. RECORD ON APPEAL DATED DECEMBER 17, 2019 (ENTRY NOS. 1-87)
6 01/16/2020 ELECTRONIC TRANSCRIPT DATED JULY 11, 2019
7 01/16/2020 Certificate of Service for Transcript
8 02/24/2020 MOT. EXT/TIME APPELLANT BRIEF
9 02/24/2020 ACTION BY CLERK - Granted : 03/17/2020
10 03/17/2020 APPELLANT BRIEF View
11 03/17/2020 Oral Argument Request by Appellant
12 03/17/2020 APPELLANT APPENDIX
13 03/30/2020 Rec'd 6 copies of ATB & ATA from CSD
14 04/13/2020 Rec'd $140 surcharge for ATA (receipt #27564)
15 04/16/2020 APPELLEE BRIEF View
16 04/16/2020 Oral Argument Request by Appellee
17 04/16/2020 APPELLEE APPENDIX
18 04/22/2020 NOTICE OF ORAL ARGUMENT SENT
19 04/27/2020 AEB and AEA back from Central Duplicating
20 04/30/2020 REPLY BRIEF View
21 05/04/2020 Rec'd 5 copies of RYB back from Central Duplicating
22 05/11/2020 Request for Radio/TV Coverage (KFYR-TV and The Bismarck Tribune)
23 05/12/2020 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
24 05/12/2020 SITTING WITH THE COURT : Marquart, Steven L.
25 05/13/2020 ACTION BY SUPREME COURT (Reqeust for Radio/TV Coverage) - Granted
26 05/14/2020 APPEARANCES: Lynn M. Boughey; Randall J. Bakke; Bradley N. Wiederholt
27 05/14/2020 ARGUED: Lynn M. Boughey; Randall J. Bakke
28 05/14/2020 ORAL ARGUMENT WEBCAST
29 07/30/2020 DISPOSITION (AND REMANDED)
30 07/30/2020 UNANIMOUS OPINION : VandeWalle, Gerald W. View
31 07/30/2020 By order of the Court no costs are ordered
32 08/17/2020 Judgment Sent to Parties
33 08/21/2020 MANDATE
34 10/06/2020 Corrected Opinion Page-Page 13, Para 28, Line 4, deleting the hanging footnote after impairing"