Rau v. Roberts
2011 U.S. App. LEXIS 10153
| 8th Cir. | 2011Background
- Rau sued Roberts and the City for injuries from an assault by Roberts, an off-duty officer.
- The incident occurred July 11, 2006, at The Perfect Carwash in Brooklyn Center, Minnesota.
- Roberts, in uniform, argued with Rau over whether gas had been dispensed and threatened Rau.
- Roberts struck Rau, Ramifications included injuries and 911 calls; bystander observed events.
- District court granted summary judgment for the City on vicarious-liability claims, dismissed the §1983 claim against Roberts, and remanded assault claims to state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the City can be vicariously liable for Roberts' assault. | Rau contends Roberts acted within scope of employment. | City argues no work-related time/place; off duty, outside jurisdiction. | No genuine issue; assault not within scope of employment. |
| Whether the assault occurred within work-related time and place under Lange. | Roberts acted on-duty and in pursuit of police duties. | Roberts had clocked out; not on duty; outside jurisdiction. | Second Lange element unmet; no vicarious liability. |
Key Cases Cited
- Lange v. Nat'l Biscuit Co., 297 Minn. 399, 211 N.W.2d 783 (Minn. 1973) (scope of employment requires work-related time/place)
- Frieler v. Carlson Mktg. Grp., Inc., 751 N.W.2d 558 (Minn. 2008) (vicarious liability for intentional torts hinges on Lange elements)
- Fahrendorff ex rel. Fahrendorff v. N. Homes, Inc., 597 N.W.2d 905 (Minn. 1999) (employee torts within scope if related to duties and time/place)
- C.B. ex rel. L.B. v. Evangelical Lutheran Church in Am., 726 N.W.2d 127 (Minn. Ct. App. 2007) (off-site or non-work venue may defeat scope element)
- Emmenegger v. Bull Moose Tube Co., 324 F.3d 616 (8th Cir. 2003) (application of state-law in supplemental jurisdiction)
- Hayek v. City of St. Paul, 488 F.3d 1049 (8th Cir. 2007) (summary-judgment standard and burden-shifting)