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Burr v. N.D. State Board of Dental Examiners

Docket No. 20200219
Oral Argument: Waived

Docket Info

Title
Rebecca N. Burr, Plaintiff and Appellant
v.
North Dakota State Board
of Dental Examiners, Defendant and Appellee
Case Type
CIVIL APPEAL : PERSONAL INJURY
Appeal From
Case No. 2020-CV-01598
South Central Judicial District, Burleigh County
Bobbi Brown Weiler

Parties' Statement of Issues

  • Appellant

    1. Whether the District Court erred in determining that the date of Plaintiffs injury was in 1989 as opposed to October 3, 2019, thereby depriving the District Court of subject matter jurisdiction due to untimely service of the notice of claim.
    2. Whether the District Court erred in determining that Defendant's refusal to investigate Plaintiffs complaint was a quasi-judicial act.
    3. Whether the District Court erred in determining that Defendant was not required, under N.D.C.C. § 43-28-18.2, to conduct an investigation, and that its failure to do so was a discretionary act.

  • Appellee 1

    1. The district court was correct in finding that it lacked subject matter jurisdiction over Rebecca Burrs’ Complaint, because Burr failed to timely file her notice of claim.
    2. The district court was correct in finding that the North Dakota State Board of Dental Examiners was acting in its official capacity and is entitled to quasi-judicial immunity when it determined not to proceed with disciplinary action based upon Rebecca Burr’s administrative complaint.
    3. The district court correctly found that the North Dakota State Board of Dental Examiners was acting in its official capacity and is entitled to discretionary immunity when it determined not to proceed with disciplinary action based upon Rebecca Burr’s administrative complaint.


Summary

Rebecca Burr appeals from a district court judgment dismissing her complaint against the North Dakota Board of Dental Examiners.

Burr filed a complaint with the Board in July 2019 alleging that a dentist licensed by the Board had assaulted her in 1989. The Board dismissed the complaint in October 2019 without taking any action. In January 2020, Burr filed a notice of claim with the State Risk Management Office Fund, and in February she was notified that her claim had been denied. Burr filed suit against the Board in May 2020 claiming a lack of duty of care and gross negligence. The district court granted the Board’s motion to dismiss and dismissed Burr’s complaint with prejudice in July 2020.

On appeal, Burr argues the district court erred in finding that it lacked subject matter jurisdiction and that the Board’s actions were protected by quasi-judicial and discretionary immunity.


Briefs

Filing Date Description
09/25/2020 APPELLANT BRIEF View
10/26/2020 APPELLEE BRIEF View
11/09/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Matthew Arnold Sagsveen - 05613
APPELLANT PRO SE Rebecca Noel Burr - 05801
APPELLEE ATT. GENERAL OFFICE Carl M. Karpinski - 09038

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

Seq. # Filing Date Description Attachment
1 08/19/2020 NOTICE OF APPEAL : 08/19/2020
2 08/24/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 08/24/2020 Notice served on Rebecca N. Burr and Matthew A. Sagsveen
4 09/21/2020 ELEC. RECORD ON APPEAL DATED SEPTEMBER 18, 2020 (ENTRY NOS. 1-37)
5 09/25/2020 APPELLANT BRIEF View
6 09/25/2020 APPELLANT APPENDIX
7 09/29/2020 Rec'd non-substantive corrections to ATA (No Title/Cover Page)
8 09/30/2020 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
9 10/26/2020 APPELLEE BRIEF View
10 10/27/2020 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
11 10/28/2020 Rec'd 5 copies of AEB back from CD
12 11/09/2020 REPLY BRIEF View
13 11/13/2020 Rec'd 5 copies of RYB from CSD
14 12/01/2020 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)
15 12/01/2020 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)