reversed

[houseelf]

One of the opinions that I wrote for the judge was recently reversed byt he Court of Appeals:

http://www.lawlibrary.state.mn.us/archi ... 7-0525.htm

This is the first time that this has happened to me. I take solace in the fact that 1) there was a dissent to the opinion; 2) it would have been judicial activism for the trial court to apply the statute any other way; 3) there was absolutely no case law precedent on this issue and it needed to heard at a higher level; and 4) this is part of the job.

This is the first time that one of our appeals has been reversed. Nothing like having the enlightened breathren tell you that you are dead wrong. Anyone else having this kind of day?

Kelly

[DCJenn]

Oh, it happens just about every friggin' week. We ('the team" of surveyors) decide to cite something at one of the 400+ standards & inevitably either our QA, the regional office or the central office change it, move it delete it, rewrite it, or make us rewrite it. We have far too many people who need to be right. Except that there really isn't a "right" sometimes.

It's really hard not to take it personally and I have to keep reminding myself that the regulations are vague and as long as the people with disabilities get what they deserve then it doesn't really matter. except that it really pisses me off.

Deep yogic breathing is requisite for me job at times.

Jenn

[SueC]

That's an interesting story Kelly, sounds like something off of COPS! Sorry to hear your appeal was reversed.

[houseelf]

Remember this? The enlightened Supreme Court found the Appellate Court to be wrong and moi to be right! We were affirmed. Further, this issue has not been decided in many jurisdictions so we will probably be cited in other states.

http://www.courts.state.mn.us/opinions/ ... 7-0210.htm

Kelly

[Auspicious]

Ahh, vindication!

[migirl]

That's great, Kelly, I'll bet that felt good! 8)

[SueC]

Yay Kelly!!

:ra:
That's great!
btw, I love "willy-nilly" especially the way it was used.

Great news Kelly. As a former law clerk, I know how great it feels for one of your opinions to be affirmed. Gotta love the "swift" wheels of justice.

I just read the opinion, and I have one question . . . does the record say whether Lena was naked (in Ky, it's neked) or dressed?

[houseelf]

If I remember correctly, Plaintiff wore only a thin t-shirt and panties and was in bed with her husband in their "abode" in the second story of a pole barn. The police dog was called for when the sheriff was dispatched to execute valid warrants for Plaintiff's husband, a known flight risk who had a previous charge of assault against an officer.

IMHO, a "fact" question continued to exist as to whether the dog handler exceeded the protection granted by official immunity by acting with malice. (For example, did he wait to release Chips from Plaintiff for a time period after he realized that she was not the suspect?) What is not mentioned in this opinion is that there is some dispute as to whether the suspect placed his wife between himself and the dog or whether Plaintiff merely tripped in the melee. In other words, this issue should survive summary judgment and proceed to the fact finder for determination of these fact questions.

Kelly

What is not mentioned in this opinion is that there is some dispute as to whether the suspect placed his wife between himself and the dog or whether Plaintiff merely tripped in the melee.

What a guy!

[BonBon]

Kelly, that's great!

They do sound like a charming couple. yeesh.

Congratulations, I am sure you pleased!

I also thought "willy-nilly" was of good use! I thought it was funny, that there could be an issue of not releasing the pooch....could it have been the fact that the officer/trainer was about to take his piggyback ride out a second-story window??!

[houseelf]

Matt,

You are exactly right. Also, I don't know how police dogs are trained. Will they release only on the command of their handler or by any other officer who would have realized the mistake.

I sort through so many mind numbing divorces: "You get the gun rack, you get the Harley... " that this was an exciting change of pace for once.
Kelly