Jennie Loeffler v. City of Duluth
Opinion
Jennie Loeffler filed a complaint in July 2013 alleging that numerous city, county, individual, and Doe defendants-including the City of Duluth and "a female officer to be later named, acting in her individual capacity as a law-enforcement officer for the City of Duluth"-violated the Driver's Privacy Protection Act ("DPPA"),
After confirming that the unnamed officer was Rebecca Kopp, Loeffler amended her complaint on March 3, 2016 and named Kopp. However, adopting another report and recommendation from the magistrate judge, the district court dismissed the claims against Kopp as barred by the four-year statute of limitations.
See
First, the district court properly dismissed Loeffler's claim against Kopp as untimely under the applicable statute of limitations. Loeffler argues that, under Federal Rule of Civil Procedure 15(c), her amended complaint naming Kopp relates back to her original complaint referring to the unnamed female officer, bringing it within the statute of limitations. Under Rule 15(c)(1)(C)(ii), an amendment to a pleading relates back to the original pleading when, among other requirements, the party brought in by the amendment "knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's
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identity." As Loeffler conceded at oral argument, however, we recently concluded that naming a Jane Doe defendant does not relate back under Rule 15(c) because "it was an intentional misidentification, not an unintentional error, inadvertent wrong action, or 'mistake.' "
See
Heglund v. Aitkin Cty.
,
Second, Loeffler argues that Duluth is itself directly liable for improperly disclosing her information. To establish a claim against the city under the DPPA, Loeffler must show that Duluth "1) knowingly 2) obtained, disclosed, or used personal information, 3) from a motor vehicle record, 4) for a purpose not permitted."
See
McDonough
,
Loeffler counters that Duluth is nonetheless liable because it employed Kopp, who allegedly accessed her information for improper purposes. Although Loeffler frames this argument-at least in part-as a direct municipal liability claim, it is in fact an argument for vicarious liability.
See
Monell v. Dep't of Soc. Servs.
,
For these reasons, we affirm the district court's judgment.
The Honorable Michael J. Davis, United States District Judge for the District of Minnesota, adopting in part the report and recommendation of the Honorable Tony N. Leung, United States Magistrate Judge for the District of Minnesota.
Loeffler asserts that the district court dismissed her vicarious liability claim without giving her the chance to argue this issue. But the magistrate judge submitted two reports and recommendations that provided the basis for the district court's orders of dismissal. Thus, we are not persuaded that Loeffler had no opportunity to present this issue below.
Reference
- Full Case Name
- Jennie Marie LOEFFLER, Plaintiff-Appellant v. CITY OF ANOKA; City of Burnsville; Dakota County, Defendants City of Duluth, Defendant-Appellee City of Eagan; City of Fairmont; City of Hancock; Isanti County; City of Mankato; City of Milaca ; Mille Lacs County ; City of Minneapolis; City of Morris; Renville County; Rice County; City of Richfield; City of St. Francis; Saint Louis County; City of New Prague; City of St. Paul; City of Pequot Lakes; City of Staples; Wright County; Yellow Medicine County; Michael Campion, Acting in His Individual Capacity as Commissioner of the Minnesota Department of Public Safety; Ramona Dohman, Acting in Her Individual Capacity as Commissioner of the Minnesota Department of Public Safety, Defendants Rebecca Kopp, Acting in Her Individual Capacity as a Law-Enforcement Officer for the City of Duluth; John and Jane Does (1-500), Acting in Their Individual Capacity as Supervisors, Officers, Deputies, Staff, Investigators, Employees or Agents of the Other Law-Enforcement Agencies, Defendants-Appellees Department of Public Safety Does (1-30), Acting in Their Individual Capacity as Officers, Supervisors, Staff, Employees, Independent Contractors or Agents of the Minnesota Department of Public Safety; Entity Does (1-50), Including Cities, Counties, Municipalities, and Other Entities Sited in Minnesota Departments and Agencies; City of Farmington; City of Lakeville; City of Roseville; Dakota County Communications Center, Defendants
- Cited By
- 4 cases
- Status
- Published