United States District Court, D. Minnesota
Kenneth H. Fukuda, Jonathan A. Strauss, Lorenz F. Fett, Jr., and Sonia Miller-Van Oort, SAPIENTIA LAW GROUP, PLLC, for plaintiff.
Jon K. Iverson, Susan M. Tindal, and Stephanie A. Angolkar, IVERSON REUVERS CONDON, for defendants Cities of Amboy, Bloomington, Brooklyn Park, Burnsville, Dundas, Faribault, Farmington, Inver Grove Heights, Lakeville, Lonsdale, Mankato, Montgomery, New Prague, North Mankato, Northfield, Owatonna, Plymouth, Richfield, Rosemount, St. Cloud, Vernon Center, Waseca, and Dakota Communications Center.
Joseph E. Flynn and Jamie L. Jonassen, JARDINE, LOGAN & O'BRIEN, P.L.L.P., for defendants Blue Earth County, Dodge County, Douglas County, Freeborn County, Le Sueur County, Rice County, Steele County, Waseca County, and Yellow Medicine County.
Amelia N. Jadoo and Helen R. Brosnahan, DAKOTA COUNTY ATTORNEY'S OFFICE, for defendant Dakota County.
Mark P. Hodkinson, BASSFORD REMELE, PA, for defendant City of Edina.
Oliver J. Larson, MINNESOTA ATTORNEY GENERAL'S OFFICE, for defendants Michael Campion and Ramona Dohman.
PATRICK J. SCHILTZ, District Judge.
Plaintiff Jared Taylor brings claims under the Driver's Privacy Protection Act ("DPPA"), 18 U.S.C. §§ 2721 et seq., against various public officials, cities, and counties, alleging that defendants unlawfully obtained, disclosed or used information contained in his driver's-license record.
This matter is before the Court on defendants' motions to dismiss for failure to state a claim and for judgment on the pleadings or, in the alternative, to sever. For the reasons stated below, Michael Campion and Ramona Dohman's motion to dismiss and Edina's motion for judgment on the pleadings are granted. The remaining motions are granted in part and denied in part. Specifically, the motions are granted as to all claims against defendant Bloomington arising out of pre-March 13, 2010 accesses by that defendant. The motions are also granted as to all claims against the remaining defendants arising out of pre-August 11, 2012 accesses by those defendants. The motions to dismiss are denied in all other respects, and the motions to sever are denied.
Taylor was a deputy with the Rice County Sheriff's Department from 2002 until 2006. Compl. ¶ 55. From August 2006 until April 2, 2013, Taylor was a police officer with the Bloomington Police Department. Compl. ¶ 57.
In August 2006, Taylor competed in and won a national law-enforcement shooting competition called the 5.11 Challenge. Compl. ¶ 58. The competition's name is a reference to 5.11 Tactical, a law-enforcement clothing and equipment company that is the primary sponsor of the competition. Compl. ¶ 62. The competition was filmed by the Outdoor Channel and broadcast on multiple occasions. Compl. ¶ 60. For over a year after Taylor won the competition, his photo appeared either on the cover of or inside many law-enforcement magazines distributed in Minnesota and elsewhere around the country, in both print and electronic formats. Compl. ¶¶ 60-61. Taylor's photo also appeared in many of the same magazines in a color advertisement for 5.11 Tactical. Compl. ¶ 63.
On August 11, 2012, Taylor became involved in a late-night altercation with a stranger in his home. Compl. ¶¶ 66-70. Deputies from the Rice County Sheriff's Department responded, and the matter was turned over to Scott County for investigation and prosecution. Compl. ¶¶ 71-72. Taylor was eventually convicted of misdemeanor assault and disorderly conduct. Compl. ¶ 73.
Taylor filed this action after obtaining an audit from the Minnesota Department of Public Safety showing multiple accesses of his driver's-license record. Including accesses by unnamed defendants, Taylor's record was accessed 386 times between 2003 and 2013. Compl. ¶ 2. Taylor alleges that all of these accesses violated the DPPA, with the possible exception of one access by Bloomington (in connection with his ...