Burr v. N.D. State Board of Dental Examiners
- Rebecca N. Burr, Plaintiff and Appellant
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
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.
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.
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.
(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)|
|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|
|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|
|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)|