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This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL ANNUAL REPORT REQUIRED BY Minnesota Statute Sections 8.08 and 8.15 Subdivision 4 (2017) Fiscal Year 2018 TABLE OF CONTENTS Page INTRODUCTION........................................................................................................... 1 CIVIL LITIGATION....................................................................................................... 2 REGULATORY LAW AND PROFESSIONS............................................................... 8 GOVERNMENT LEGAL SERVICES............................................................................ 14 STATE GOVERNMENT SERVICES............................................................................ 27 CIVIL LAW..................................................................................................................... 39 APPENDIX A: Recap of Legal Services........................................................................ A-1 APPENDIX B: Special Attorney Appointments............................................................ B-1 APPENDIX C: Attorney General Opinions oflnterest .................................................. C-1 INTRODUCTION This report is intended to fulfill the requirements of Minnesota Statutes Sections 8.08 and 8.15, Subdivision 4, for Fiscal Year 2018 (FY 2018). The Attorney General's Office (AGO) is organized into five sections under the direction of deputy attorneys general: Civil Litigation, Regulatory Law and Professions, Government Legal Services, State Government Services and Civil Law. This report contains summaries of the services provided to state agencies and other AGO constituencies by these sections. 1 CIVIL LITIGATION The Solicitor General division provides litigation services to all three branches of government. Solicitor General division attorneys provide legal representation in cases with significant constitutional or other state interests, including employment and tort claims brought against the State. The division also provides legal representation to the Public Utilities Commission (PUC). For example, the division is involved in litigating the following cases: • T.F., et al. v. Hennepin County, Emily Piper, et al. Plaintiffs are Next of Friends filing on behalf of children in Hennepin County's foster care system. They bring a putative class action complaint challenging Hennepin County's provision of child protection services. Plaintiffs allege Hennepin County fails to investigate abuse/neglect reports; fails to provide appropriate services; fails to provide safe and appropriate foster care placements; and fails to secure safe, permanent homes. Plaintiffs bring two causes of action against the Department of Human Services defendants: (1) Substantive Due Process ( on behalf of the Special Relationship Class); and (2) violations of the First, Ninth, and Fourteenth Amendments ( on behalf of both classes). • Rona/do Ligons and Barry Michaelson v. Minnesota Dep 't of Corrections, et al. Plaintiffs are inmates in the custody of the Minnesota Department of Corrections. Plaintiffs allege that they are candidates for medical treatment of their chronic Hepatitis C infections with newly-developed oral medications that could potentially cure their infections, and that the Department's decision not to administer treatment at early stages of the disease is unconstitutional. • In the Matter of Arbitration between State of Minnesota, DOC v. Steven Hammer. An individual was terminated from his warden position for, among other things, sending and receiving sexually explicit emails through his state email account. He appealed to the Bureau of Mediation Services (BMS). The BMS arbitrator found the DOC did not have just cause to terminate him. DOC filed a petition of certiorari. The Minnesota Court of Appeals reversed the BMS decision and held the DOC had just cause to terminate the employee. • Brian Rinkel, et al. v. Minnesota Department of Corrections. Plaintiffs are current and former inmates who allege discrimination based on their disabilities with regard to access to public services in prison. Specifically, Plaintiffs are individuals who are hearing impaired or deaf. They allege that they do not have adequate access to videophone services, have not been given sufficient in-personal programming and ASL services, and that they are not provided equivalent notices and announcements as those provided to hearing inmates. • Anna Glover v. State of Minnesota. Plaintiff brings Americans with Disabilities Act and Civil Rights Act Title VII claims regarding her employment by several state agencies in the past ten years. Plaintiff alleges that the defendant state agencies did not 2 accommodate her disability, discriminated against her on the basis of her race and sex, and retaliated against her. • Erin M. Lundblad and Alexis A. O'Brien v. Community Living Options, et al. Plaintiffs are former employees of a group home that is privately run, but licensed by DHS. Plaintiffs allege that they were assaulted by a resident of the group home, and contend that defendants failed to warn them of the resident's past history of physical and sexual abuse. • Ryan M. Larson v. John L. Sanner, et. al. Plaintiff alleges violations of his civil rights during the murder investigation of a Cold Springs police officer killed in the line of duty. Plaintiff alleges that state and local Defendants forced entry into his apartment without consent, a warrant, or exigent circumstances and probable cause in violation of the Fourth and Fourteenth Amendments. • Alexis Bailly Vineyard v. Mona Dohman. Minnesota law requires farm wineries to produce their wine with a majority of ingredients grown or produced in Minnesota. Plaintiffs, two farm wineries, challenge this requirement as unconstitutional under the Dormant Commerce Clause because they allege that it favors in-state grape growers at the expense of interstate commerce. The district court upheld Minnesota's law, and an appeal is currently pending before the United States Court of Appeals for the Eighth Circuit. • Heirs of Beckett Gast v. State of Minnesota, et al. Plaintiff is Next-of-Kin of a minor child who died while in a private day care that is licensed by the Department of Human Services (DHS) and Pennington County. Plaintiff asserts that the day care provider was using a crib that was noncompliant with state and federal law and claims the Defendants were negligent in licensing the day care provider. The district court granted DHS' motion to dismiss. • Tiffini Flynn Forslund, et al. v. State of Minnesota, et al. Plaintiffs are parents of Minnesota students who claim that Minnesota teacher tenure laws are unconstitutional. Plaintiffs contend that as a result of tenure and continuing contract laws Minnesota school districts hire and retain ineffective teachers. Plaintiffs allege the statutes violate the Education Clause, Equal Protection Clause, and Procedural Due Process Clause of the Minnesota Constitution. The district court dismissed the Plaintiffs' Complaint, and the Minnesota Court of Appeals affirmed the dismissal. Fallowing a Minnesota Supreme Court decision in a related case, the case has been remanded to the Minnesota Court of Appeals for additional consideration. • Andrew Carufel, et al. v. Minnesota Dep 't of Public Safety. In this class action complaint, Plaintiffs allege that the Department of Public Safety unlawfully obtains real­ time geolocation (GPS) data regarding Minnesota Ignition Interlock Program participants, in violation of the Minnesota Government Data Practices Act. The district court dismissed the action, and it is now pending before the Minnesota Court of Appeals. • State of Minnesota v. 3M Company. The state brought an environmental lawsuit against 3M Company for natural resource damages caused by the release of perfluorochemicals (PF Cs) into the Minnesota environment. PF Cs are a man-made chemical invented by 3M Company, and 3M disposed of the chemicals into Minnesota landfills and waters for 3 decades. The case settled on February 20, 2018, with about $720 million dedicated to investment in drinking water and natural resource projects in affected areas. • Telescope Media Group v. Lindsey et al. Plaintiff Telescope Media Group and its founders filed suit, bringing a pre-enforcement challenge to a provision of the Minnesota Human Rights Act (MHRA). Plaintiffs operate a wedding video production company and allege that the MHRA forces them to violate their religion by producing wedding videos of same-sex weddings. The district court granted Defendants' motion to dismiss and an appeal is currently pending before the United States District Court for the Eighth Circuit. • Susan Afryl, trustee for the next of kin of Shawn Afryl, deceased, vs. Winona State University. A Winona State student-athlete collapsed and died at a voluntary strength and conditioning workout at the school in July 2014. His estate alleges that Winona State is liable for the death. • Ahmed Ali, et al. v. Thomas Roy, et al. Plaintiffs are current or former inmates at Minnesota Correctional Facility-Stillwater who allege they were injured by the release of their individual, private health records, without their knowledge or permission, by a former employee. Plaintiffs allege that the former employee publicly released the documents by filing them in federal court during her
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