771 F. Supp. 2d 1019
D. Minnesota2011Background
- Stepnes built and advertised the Irving House project and a “Big Dream House Giveaway” contest to raise funds, including a $20 entry with weekly drawings and a potential prize of the house or $1M.
- A May 28, 2008 arrest by MPD Sergeant Ritschel occurred after review of the contest website, signage, and statements suggesting unlawful lottery activity.
- A May 29, 2008 warrantless entry and search of the Irving House occurred, with items seized related to the alleged unlawful lottery and the Chester House Foundation.
- Stepnes filed §1983 claims against City Defendants for non-neutral investigation, false arrest, excessive force, unreasonable search and seizure, and conspiracy; a defamation claim was brought against CBS Defendants for the WCCO broadcast.
- State court proceedings followed the May 29 seizure, including an emergency motion for return of property and an inventory order, with ongoing impact on subsequent §1983 proceedings.
- The court granted summary judgment to City Defendants and CBS Defendants, and denied Stepn es’s motion for partial summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest based on probable cause | Stepnes asserts lack of probable cause for arrest. | City Defendants contend there was probable cause. | Probable cause supported arrest; no false arrest claim. |
| Unreasonable search and seizure scope | Items seized exceeded the warrant scope and violated privacy. | Items seized were within scope and properly related to the unlawful lottery. | Warrant scope and execution reasonable; no §1983 violation. |
| Monell municipal liability | City policy/custom caused violation of rights. | No underlying constitutional violation by officer; no Monell liability. | Monell claim fails; no municipal liability. |
| Defamation by CBS Defendants | CBS broadcast defamed Stepnes by presenting false statements. | CBS acted with limited-purpose public figure status; need actual malice. | Stepnes is a limited-purpose public figure and cannot show actual malice; defamation claim fails. |
Key Cases Cited
- Flowers v. City of Minneapolis, 558 F.3d 794 (8th Cir.2009) (police investigative discretion; class-of-one claims rejected)
- Amrine v. Brooks, 522 F.3d 823 (8th Cir.2008) (probable cause for warrantless arrest)
- United States v. Rivera, 370 F.3d 730 (8th Cir.2004) (probable cause standard for arrest)
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness of force standard under Fourth Amendment)
- Saucier v. Katz, 533 U.S. 194 (2001) (qualifed immunity two-step framework)
- Pearson v. Callahan, 555 U.S. 223 (2009) (modifies Saucier by allowing sequential approach)
- Monell v. New York City Dept. of Social Servs., 436 U.S. 658 (1978) (local government liability for policy or custom)
- Britton v. Koep, 470 N.W.2d 518 (Minn.1991) (defamation fault standard for private vs public figures)
- Jadwin v. Minneapolis Star & Tribune Co., 367 N.W.2d 476 (Minn.1985) (public figure fault standards; access to channels)
- Chafoulias v. Peterson, 668 N.W.2d 642 (Minn.2003) (limited purpose public figure framework in defamation)
- New York Times Co. v. Sullivan, 376 U.S. 254 (1964) (actual malice standard for public figures)