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Frances Hesch - LA240 Legal Writing I - Unit 11
OFFICE MEMORANDUM OF LAW

To: Alice Black, Attorney
From: Fran Hesch, Paralegal
Date: March 16, 2010
Re: Frampton v. City

Statement of Assignment

You have asked me to prepare a memorandum of law conducting legal research using free electronic legal resources related to Minnesota law regarding sovereign immunity for a municipality.

Issues

Do police officers have a duty of care to automobile drivers and, under Minnesota statutory and case law, are municipal police officers’ actions protected by sovereign immunity?

Brief Answer

Yes, police officers have a duty of care to the general public as they are hired to protect and serve the public. The higher standard of care is legally imposed upon them due to their professional status.

No, the Minnesota Supreme Court waived sovereign immunity in 1975 in order to do away with blanket immunity. The legislature responded by creating specific exceptions to liability in the State Tort Claims Act and the Municipal Tort Liability Act. Although no sovereign immunity exists in Minnesota, the Municipal Tort Liability Act provides an exception to liability for municipalities (vicarious immunity) when judgment is left to the discretion of the city employee carrying out his or her duties. If, however, the government employee is carrying out a job that is simple and definite and that employee has a duty to adhere to ordinance and statutes, the official is not entitled to immunity.

Statement of Facts

As written in the original memo, on the evening of January 15, city police officers stopped Jerry Myers on suspicion of drunk driving. One passenger, Susan Lane, accompanied Mr. Myers. Mr. Myers was obviously intoxicated and arrested for DUI. Although officers smelled alcohol on Susan’s breath, it did not appear to them that she was intoxicated. Susan

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