Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kampschroer v. Anoka County

United States District Court, D. Minnesota

October 7, 2014

Jessica Leah Kampschroer and Cory Patrick Kampschroer, Plaintiffs,
v.
Anoka County; City of Anoka; City of Apple Valley; City of Arlington; City of Baxter; City of Belle Plaine; Beltrami County; Benton County; City of Blaine; City of Bloomington; Blue Earth County; City of Braham; City of Brooklyn Center; City of Brooklyn Park; City of Brownton; City of Burnsville; City of Cambridge; City of Cannon Falls; Carver County; Cass County; Centennial Lakes Police Department; City of Champlin; City of Chaska; Chisago County; City of Columbia Heights; City of Coon Rapids; City of Corcoran; City of Cottage Grove; City of Crosby; Crow Wing County; City of Crystal; Dakota Communications Center; Dakota County; City of Deephaven; City of Dundas; City of Eagan; City of Eden Prairie; City of Edina; City of Elk River; City of Fairmont; Faribault County; City of Faribault; City of Farmington; Fillmore County; City of Foley; City of Forest Lake; City of Fridley; City of Glencoe; City of Golden Valley; Goodhue County; City of Goodview; Grant County; City of Hastings; Hennepin County; City of Hopkins; City of Howard Lake; Hubbard County; City of Hutchinson; City of Inver Grove Heights; City of Isanti; Isanti County; City of Jordan; Kanabec County; Lakes Area Police Department; City of Lakeville; Le Sueur County; City of Litchfield; City of Mankato; City of Maple Grove; City of Maplewood; McLeod County; City of Medina; City of Mendota Heights; Metropolitan Council; Mille Lacs County; City of Minneapolis; City of Minnetonka; City of Montgomery; City of Moorhead; Morrison County; City of Morristown; City of Mounds View; Minneapolis Parks and Recreation Board; Metropolitan Airports Commission; City of New Brighton; City of New Hope; City of New Prague; City of Newport; Nicollet County; City of North Saint Paul; City of North Mankato; City of Northfield; Olmsted County; City of Owatonna; Pine County; City of Prior Lake; Ramsey County; City of Ramsey; Rice County; City of Richfield; City of Robbinsdale; City of Rochester; Rochester Motors, LLC; City of Rosemount; City of Roseville; City of Sartell; City of Savage; Scott County; City of Shakopee; Sherburne County; City of Spring Lake Park; City of Saint Anthony; City of Saint Cloud; City of Saint Francis; Saint Louis County; City of Saint Louis Park; City of Saint Paul; City of Saint Paul Park; City of Saint Peter; City of Staples; Stearns County; Steele County; City of Stillwater; City of West Saint Paul; Wadena County; City of Waite Park; Washington County; City of Wayzata; City of White Bear Lake; Winona County; City of Woodbury; Wright County; Yellow Medicine County; Pat McCormack in her individual capacity as the Director of Driver and Vehicle Services at the Minnesota Department of Public Safety; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of the Department of Public Safety; DPS Does; John and Jane Does (1-1500) acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other governmental agencies; and Entity Does (1-50) including cities, counties, municipalities, and other entities sited in Minnesota and federal departments and agencies, Defendants.

Jonathan A. Strauss, Lorenz F. Fett, Jr., Mark H. Zitzewitz, Sonia L. Miller-Van Oort, Kenneth H. Fukuda, Sapientia Law Group PLLC, Jeffrey M. Montpetit and Susan M. Holden, Sieben Grose Von Holtum & Carey, Ltd., for Plaintiffs.

Bryan D. Frantz, Anoka County Attorney's Office, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant Anoka County.

John K. Iverson, Stephanie A. Angolkar, and Susan M. Tindal, Iverson Reuvers Condon, 9321 Ensign Avenue South, Bloomington, MN 55438, for Defendants City of Anoka, City of Apple Valley, City of Arlington, City of Baxter, City of Belle Plaine, City of Blaine, City of Bloomington, City of Braham, City of Brooklyn Center, City of Brooklyn Park, City of Brownton, City of Burnsville, City of Cambridge, City of Cannon Falls, Centennial Lakes Police Department, City of Champlin, City of Chaska, City of Chisago, City of Columbia Heights, City of Corcoran, City of Cottage Grove, City of Crosby, City of Crystal, City of Deephaven, City of Dundas, City of Eagan, City of Eden Prairie, City of Elk River, City of Fairmont, City of Faribault, City of Farmington, City of Foley, City of Forest Lake, City of Fridley, City of Glencoe, City of Golden Valley, City of Goodview, City of Hastings, City of Hopkins, City of Howard Lake, City of Hutchinson, City of Inver Grove Heights, City of Isanti, City of Jordan, City of Lakeville, City of Litchfield, City of Mankato, City of Maple Grove, City of Maplewood, City of Medina, City of Minnetonka, City of Montgomery, City of Moorhead, City of Morristown, City of Mounds View, City of New Brighton, City of New Hope, City of New Prague, City of Newport, City of North Saint Paul, City of North Mankato, City of Northfield, City of Owatonna, City of Prior Lake, City of Ramsey, City of Richfield, City of Robbinsdale, City of Rochester, City of Rosemount, City of Roseville, City of Sartell, City of Savage, City of Shakopee, City of Spring Lake Park, City of Saint Cloud, City of Saint Louis Park, City of Staples, City of Stillwater, City of West Saint Paul, City of Waite Park, City of Wayzata, City of White Bear Lake, City of Woodbury, City of Coon Rapids, Dakota Communications Center, City of Mendota Heights, City of Saint Anthony, City of Saint Francis, City of Saint Paul Park, and City of Saint Peter.

Jamie L. Guderian and Joseph E. Flynn, Jardine Logan & O'Brien PLLP, 8519 Eagle Point Boulevard, Suite 100, Lake Elmo, MN 55042; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, 9321 Ensign Avenue South, Bloomington, MN 55438, for Defendants Beltrami County, Benton County, Blue Earth County, Carver County, Cass County, Chisago County, Crow Wing County, Faribault County, Fillmore County, Goodhue County, Grant County, Hubbard County, Isanti County, Kanabec County, Lakes Area Police Department, Le Sueur County, McLeod County, Mille Lacs County, Morrison County, Nicollet County, Rice County, Scott County, Sherburne County, Stearns County, Steele County, Wadena County, Washington County, Winona County, Wright County, Yellow Medicine County, and Pine County.

Amelia N. Jadoo, Helen R. Brosnahan, and Andrea G. White, Dakota County Attorney's Office, 1560 Highway 55, Hastings, MN 55033; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, 9321 Ensign Avenue South, Bloomington, MN 55438, for Defendant Dakota County.

Mark P. Hodkinson, Bassford Remele, PA, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant City of Edina.

Toni A. Beitz, Beth A. Stack, and Daniel D. Kaczor, Hennepin County Attorney's Office, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant Hennepin County.

C. Lynne Fundingsland and Kristin R. Sarff, Minneapolis City Attorney's Office, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant City of Minneapolis.

Ann E. Walther, Daniel A. Louismet, and Karin E. Peterson, Rice Michels & Walther LLP, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant Minneapolis Park & Recreation Board.

Timothy R. Schupp and Ryan O. Vettleson, Gaskins, Bennett, Birrell, Schupp, LLP, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant Metropolitan Airports Commission.

Douglas A. Boese, Gregory J. Griffiths, and Jennifer Marie Peterson, Dunlap & Seeger, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant Olmstead County.

Kimberly R. Parker and Robert B. Roche, Ramsey County Attorney's Office, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant Ramsey County.

Charles K. Maier, Gray Plant Mooty, Todd L. Nissen, Drawe & Maland, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant Rochester Motors LLC.

Nick D. Campanario, Saint Louis County Attorney's Office, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant Saint Louis County.

Cheri M. Sisk, City of Saint Paul Attorney's Office, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant City of Saint Paul.

Oliver J. Larson, Minnesota Attorney General's Office, Suite Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendants Michael Campion, Ramona Dohman, and Pat McCormack.

Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, and DPS Does.

Daniel L. Abelson, Metropolitan Council, Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, for Defendant Metropolitan Council.

AMENDED MEMORANDUM OPINION AND ORDER

SUSAN RICHARD NELSON, District Judge.

I. INTRODUCTION

This matter is before the Court on the following motions: (1) Defendants Michael Campion, Ramona Dohman, and Pat McCormack's Motion to Dismiss [Doc. No. 54] and Supplemental Motion to Dismiss [Doc. No. 131]; (2) Defendant Rochester Motors' Motion to Dismiss [Doc. No. 76]; (3) Defendant Metropolitan Council's Motion to Dismiss or Sever [Doc. No. 104]; (4) Defendant Minneapolis Park and Recreation Board's Motion to Dismiss or Sever [Doc. No. 138]; (5) Defendant Metropolitan Airports Commission's Motion to Dismiss or Sever [Doc. No. 141]; (6) Defendant Ramsey County's Motion to Dismiss or Sever [Doc. No. 88]; (7) Defendant Anoka County's Motion to Dismiss [Doc. No. 93]; (8) Defendant Hennepin County's Motion to Dismiss or Sever [Doc. No. 99]; (9) Defendant Olmstead County's Motion to Dismiss or Sever [Doc. No. 110]; (10) Defendant Dakota County's Motion to Dismiss [Doc. No. 116]; (11) all other County Defendants' Motion to Dismiss or Sever [Doc. No. 155]; (12) Defendant Saint Louis County's Motion for Judgment on the Pleadings [Doc. No. 164]; (13) Defendant City of Edina's Motion to Dismiss [Doc. No. 121]; (14) Defendant City of Saint Paul's Motion to Dismiss or Sever [Doc. No. 126]; (15) Defendant City of Minneapolis's Motion to Dismiss or Sever [Doc. No. 151]; and (16) Motion to Dismiss or Sever by all other City Defendants, Centennial Lakes Police Department, Dakota Communications Center, and Lakes Area Police Department [Doc. No. 130]. For the reasons set forth below, the Court denies in part and grants in part these motions.

II. BACKGROUND

The Driver and Vehicle Services Division ("DVS") of the Minnesota Department of Public Safety ("DPS") maintains a database containing the motor vehicle records of Minnesota drivers ("DVS Database"). (Second Am. Compl. ¶ 169 [Doc. No. 20].) The DVS Database contains personal information, including "names, dates of birth, driver's license numbers, addresses, driver's license photos, weights, heights, social security numbers, various health and disability information, and eye colors of Minnesota drivers." ( Id. ¶ 170.)

Plaintiff Jessica Kampschroer ("Jessica") is currently a news anchor and reporter for 5 EYEWITNESS NEWS. ( Id. ¶ 166.) She has been a local Minnesota television news reporter and anchor with Channel 5 KSTP since June 2003. ( Id. ¶ 165.) Plaintiff Cory Kampschroer ("Cory") is currently a digital media director for KSTP/5 EYEWITNESS NEWS, and previously was a news anchor and reporter for WCCO Radio. ( Id. ¶ 167.) During their careers in television news, Jessica and Cory met and interviewed numerous law-enforcement personnel. ( Id. ¶ 168.)

In May of 2008, Jessica received a letter from DPS advising that her driver's license information had been inappropriately accessed. ( Id. ¶ 410.) Plaintiffs immediately contacted Pat McCormack, DPS's Director of Driver and Vehicle Services, and McCormack informed Plaintiffs that only one employee had obtained Jessica's information inappropriately. ( Id. ¶ 411.) McCormack informed Plaintiffs that "the department has taken the appropriate and allowable disciplinary actions necessary to address this matter with the employee, " and inappropriate accesses were not a widespread concern. ( Id. ¶¶ 412, 415.) McCormack stated that the individual was from Southern Minnesota, whose motive was "basic curiosity." ( Id. ¶¶ 413-14.) Verbally and in writing, McCormack informed Jessica that employee use of the information would be monitored, and DPS has "addressed and reinforced its data privacy practices with other staff." ( Id. ¶ 417.)

On June 11, 2008, Jessica received notice from TCF Bank that a person named "Jessica Miles" went to a Mankato-area TCF branch, changed Jessica Kampschroer's bank account information, and was issued a new card. ( Id. ¶¶ 420, 423.) Jessica, however, had not changed her TCF bank information. ( Id. ¶ 420.) Concerned that the fraudulent access of her TCF bank account related to the earlier incident identified by DPS, Jessica contacted McCormack again. ( Id. ¶¶ 424-25.) McCormack reassured Jessica that the incident was isolated and had been addressed. ( Id. ¶¶ 424, 426.) Consequently, Jessica did not take further action. ( Id. ¶ 426.)

In January of 2013, Jessica received a letter from the Department of Natural Resources, advising that her information had been accessed by an individual for an impermissible purpose. ( Id. ¶ 427.) Plaintiffs then contacted DPS to inquire whether law enforcement officers had been viewing their private information. ( Id. ¶ 428.)

On July 30, 2013, Jessica learned from DPS that officers and personnel from approximately one hundred eighty different departments and agencies had reviewed, obtained, or used her private information approximately 1, 380 times since 2003. ( Id. ¶ 429.) On August 12, 2013, Cory learned from DPS that officers and personnel from approximately forty different departments and agencies had reviewed, obtained, or used his private information approximately 92 times since 2003. ( Id. ¶ 430.) The audit reports for Jessica and Cory from DPS are attached to the Second Amended Complaint. (Exs. A and B to Second Am. Compl. [Doc. Nos. 20-1, 20-2].)

The audit reports show several concerning patterns regarding these lookups. First, it appears that Defendants obtained Plaintiffs' personal information on all days of the week, at varying times of day and night. (Mar. 7, 2014, Hr'g Tr. at 38.) There were, for example, three hundred and fifty nine accesses of Jessica's information between 10:00 p.m. and 6:00 a.m. (Id.)

Second, they demonstrate that in a number of instances, officers in the same department searched Jessica and Cory's personal information within minutes of each other. On July 25, 2010, "Bloomington PD User 14" looked up Jessica's information at 8:02 p.m., and "Bloomington PD User 1" looked up Cory's information at 8:03 p.m. (Ex. A to Second Am. Compl. at 3 [Doc. No. 20-1]; Ex. B to Second Am. Compl. at 1 [Doc. No. 20-2].) On April 1, 2009, "Bloomington PD User 15" looked up Jessica's information at 10:56 p.m., and "Bloomington PD User 2" looked up Cory's information once at 10:55 p.m. and twice at 10:56 p.m. (Ex. A to Second Am. Compl. at 3; Ex. B to Second Am. Compl. at 1.) On April 23, 2010, "Crow Wing Co Sheriff User 4" looked up Jessica's information at 6:46 a.m., and "Crow Wing Co Sheriff" looked up Cory's information at 6:47 a.m. (Ex. A to Second Am. Compl. at 9; Ex. B to Second Am. Compl. at 2.)

On September 16, 2009, "Farmington PD User 2" looked up Jessica's information at 6:53 p.m. and 6:54 p.m., and "Farmington PD" looked up Cory's information at 6:55 p.m. (Ex. A. to Second Am. Compl. at 14; Ex. B to Second Am. Compl. at 3.) On October 31, 2007, "Mpls Park PD" looked up Cory's information at 6:12 a.m., and "Mpls Park PD User 4" looked up Jessica's information at 6:13 a.m. (Ex. B to Second Am. Compl. at 4; Ex. A to Second Am. Compl. at 28.) On April 2, 2009, "Ramsey PD" looked up Cory's information twice at 4:10 p.m., and "Ramsey PD User 3" looked up Jessica's information twice at 4:11 p.m. (Ex. B to Second Am. Compl. at 4; Ex. A to Second Am. Compl. at 32.) On April 4, 2009, "Robbinsdale PD" looked up Cory's information at 7:38 a.m. and 7:39 a.m., and "Robbinsdale PD" looked up Jessica's information at 7:39 a.m. (Ex. B to Second Am. Compl. at 4; Ex. A to Second Am. Compl. at 33.)

On July 10, 2011, "Woodbury PD" looked up Cory's information at 4:41 p.m., and "Woodbury PD User 2" looked up Jessica's information at 4:42 p.m. (Ex. B to Second Am. Compl. at 5; Ex. A to Second Am. Compl. at 45.) On September 11, 2011, "Wright Co Sheriff User 1" looked up Cory's information at 8:56 a.m., and "Wright Co Sheriff User 19" looked up Jessica's information at 8:57 a.m. (Ex. B to Second Am. Compl. at 5; Ex. A to Second Am. Compl. at 46.) Finally, on January 27, 2010, "Wright Co Sheriff User 3" looked up Cory's information at 12:17 p.m., and "Wright Co Sheriff User 30" looked up Jessica's information at 12:17 p.m. (Ex. B to Second Am. Compl. at 5; Ex. A to Second Am. Compl. at 47.)

The audit reports also show various Defendants looking up Jessica's information on the same day, sometimes within minutes of each other, and often with great frequency. At oral argument, Plaintiffs provided a demonstrative to the Court based on the audit information, demonstrating that it is plausible, based on the troubling patterns of lookups, to infer that they were not accessed for a permissible purpose under the DPPA. (Mar. 7, 2014, Hr'g Tr. at 41.) For instance, on October 2, 2006, three different police departments (Richfield, St. Anthony, and New Hope) all accessed Jessica's information within a matter of minutes of each other. ( Id. at 41-42.) Plaintiffs

On December 15, 2006, from 7:00 a.m. to 10:00 p.m., eight different agencies from all over the state accessed Jessica's personal information. ( Id. at 43.) On July 30, 2007, nine different agencies accessed Jessica's personal information throughout the day, some of them at the same time or within minutes of each other. ( Id. at 44-45.) On December 17, 2007, four different police departments accessed Jessica's personal information within the span of one hour. ( Id. at 45.) On January 22, 2008, four different entities also accessed Jessica's personal information within the span of one hour. (Id.) Plaintiffs correctly note the unlikelihood that Jessica was in the presence of several officers in different jurisdictions within a short span of time, (id. at 42), particularly because she has never been advised that she was a suspect or interested party in any law enforcement matter. (See Second Am. Compl. ¶ 346.) Altogether, these facts plausibly infer that the lookups did not occur in the course of typical law enforcement functions.

It is further alleged that Defendants used Jessica's and Cory's names, not their license plate numbers, to look up their private information in the DVS Database. (Second Am. Compl. ¶ 434.) Plaintiffs provided the following information to DPS, in order to acquire and use a State of Minnesota driver's license: their addresses, color photographs, dates of birth, weights, heights, eye colors, social security numbers, and medical information. ( Id. ¶ 485.) They did not provide consent for any of the Defendants to obtain, disclose, or use their private information for anything but official, law-enforcement business. ( Id. ¶ 485.) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.