A04-1050, Kristen Thompson, Respondent, vs. City of Minneapolis, et al., Appellants, Michael Litz, Respondent.
Case Date: 12/27/2007
Court: Supreme Court
Docket No: A04-1050, Kristen Thompson, Respondent, vs. Ci
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STATE OF MINNESOTA
IN SUPREME COURT
A04-1050
Court of Appeals Blatz, C.J.
Kristen Thompson,
Respondent,
vs. Filed: January 10, 2006 Office of Appellate Courts City of Minneapolis, et al.,
Appellants,
Michael Litz,
Respondent.
S Y L L A B U S
1. When a municipality has adopted a police vehicular pursuit policy setting forth the specific conduct required of officers, the officers do not have discretion to ignore the policy and are not entitled to official immunity for their actions that do not conform to the policy. 2. When there are genuine issues of material fact as to whether officers violated a policy imposing ministerial duties on the conduct of a police pursuit, a reviewing court must remand the case to the fact finder. Affirmed in part, reversed in part, and remanded to the district court for trial. Heard, considered, and decided by the court en banc.
O P I N I O N
BLATZ, Chief Justice.
A sport utility vehicle (SUV) driven by respondent Michael Litz was being followed by two Minneapolis Police Officers in a detox van when the SUV hit and injured pedestrian respondent Kristen Thompson as she was crossing a street in downtown Minneapolis. Thompson filed a negligence claim against Litz, the two police officers who were following Litz, and the City of Minneapolis. Thompson |