Search Tips

Krile v. Lawyer

Docket No. 20210138
Oral Argument: Wednesday, October 20, 2021 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
Oral Argument 10/20/2021

Parties' Statement of Issues

  • Appellant

    1. Whether the lower court misapplied the law as articulated by this Court in its previous decision.
    2. Whether the lower court erred in concluding as a matter of law that it was impossible for the plaintiff to prove a claim upon which relief could be granted.
    3. Whether the lower court erred in not finding a material genuine issue of fact in dispute, therefore improperly granting the motion to dismiss.
    4. Whether the lower court erred in failing to review all the materials submitted by the parties and improperly limited itself to the complaint and materials embraced by the pleadings.
    5. Whether the lower court erred by failing to consider the materials submitted by the parties in the light most favorable to the plaintiff.
    6. Whether the lower court erred in failing to convert the motion to dismiss to a summary judgment motion once the parties provided evidence and material beyond the scope of the complaint and materials embraced by the pleadings.

  • Appellee 1

    A. Whether the District Court erred in its legal determination that disclosure of the Giglio letter to Chief Donlin was made without malice and shielded by qualified privilege under N.D.C.C. § 14-02-05(3).
    B. Whether the District Court erred in its legal determination that disclosure of the Giglio letter to the Lincoln Police Chief Gibbs failed to state a claim upon which relief can be granted, and alternatively was a disclosure made without malice and shielded by qualified privilege under N.D.C.C. § 14-02-05(3).
    C. Whether the District Court erred in its refusal to consider Krile’s other “matters outside the pleadings” and in declining to convert Lawyer’s Rule 12(b)(6) motion to dismiss into a motion for summary judgment.


Summary

Robyn Krile appeals from a judgment dismissing her defamation claims against Julie Lawyer.

Krile sued Lawyer, in her official and individual capacity as Assistant Burleigh County State’s Attorney, for defamation, alleging Lawyer defamed Krile by publishing a letter about Krile to the Bismarck Police Department, Peace Officer Standards and Training Board, and prospective employers. Lawyer moved to dismiss for failure to state a claim upon which relief can be granted. The district court granted Lawyer’s motion. Krile appealed. The district court’s decision was affirmed in part, reversed in part, and the matter was remanded. Krile v. Lawyer, 2020 ND 176, 947 N.W.2d 366. On remand, Lawyer renewed her motion to dismiss. The court granted the motion and dismissed the remaining claims.

On appeal, Krile argues the district court erred in dismissing her claims because the court erred in concluding it was impossible for her to prove a claim upon which relief could be granted, there are genuine issues of material fact in dispute, the court failed to review all the materials the parties submitted, it failed to consider the materials in the light most favorable to Krile, and it should have treated Lawyer’s motion as a motion for summary judgment.


Briefs

Filing Date Description
07/12/2021 APPELLANT BRIEF View
08/23/2021 APPELLEE BRIEF View

Counsel

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

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

Seq. # Filing Date Description Attachment
1 05/07/2021 NOTICE OF APPEAL : 05/07/2021
2 05/07/2021 ORDER FOR TRANSCRIPT : 05/12/2021
3 05/10/2021 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
4 05/10/2021 Rec'd $125 Filing Fee
5 05/12/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
6 05/12/2021 Notice served on Lynn M. Boughey, Randall J. Bakke & Bradley N. Wiederholt
7 06/02/2021 ELECTRONIC TRANSCRIPT DATED DECEMBER 9, 2020
8 06/02/2021 C.O.S. OF TRANSCRIPT
9 06/03/2021 Rec'd non-substantive correction to 12/9/20 transcript
10 06/07/2021 C.O.S. OF AMENDED TRANSCRIPT
11 06/07/2021 ELEC. RECORD ON APPEAL DATED JUNE 7, 2021 (ENTRY NOS.1-203)
12 07/12/2021 APPELLANT BRIEF View
13 07/12/2021 Oral Argument Request by Appellant
14 07/12/2021 APPELLANT APPENDIX
15 07/15/2021 Rec'd corrections to ATB & ATA (page numbering)
16 07/16/2021 Received $532 e-filing surcharge for appendix overage (receipt #28188)
17 07/19/2021 Rec'd 4 copies of ATB from CSD
18 07/19/2021 Received proof of service of non-substantive corrections to ATB & ATA.
19 07/21/2021 Rec'd 3 copies of ATA from Central Duplicating
20 08/02/2021 MOT. EXT/TIME APPELLEE BRIEF
21 08/03/2021 No Objection to Motion for Extension (Appellant)
22 08/03/2021 ACTION BY CLERK - Granted : 08/23/2021
23 08/23/2021 APPELLEE BRIEF View
24 08/23/2021 Oral Argument Request by Appellee
25 08/23/2021 APPELLEE APPENDIX
26 08/26/2021 Rec'd copies of AEB & AEA from Central Duplicating
27 09/16/2021 NOTICE OF ORAL ARGUMENT SENT
28 09/22/2021 SITTING WITH THE COURT : Christofferson, Lee A.
29 10/20/2021 APPEARANCES: Lynn M. Boughey/Bradley N. Wiederholt
30 10/20/2021 ARGUED: Lynn M. Boughey/Bradley N. Wiederholt
31 10/20/2021 ORAL ARGUMENT WEBCAST