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Kampschroer v. Anoka County

United States District Court, D. Minnesota

November 3, 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

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

For Anoka County, Defendant: Bryan D. Frantz, Anoka County Attorney's Office, Anoka, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For 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, City of Saint Peter, Defendants: John K. Iverson, Stephanie A. Angolkar, and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For 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, Pine County, Defendants: Jamie L. Guderian and Joseph E. Flynn, Jardine Logan & O'Brien PLLP, Lake Elmo, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For Dakota County, Defendant: Amelia N. Jadoo, Helen R. Brosnahan, and Andrea G. White, Dakota County Attorney's Office, Hastings, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For City of Edina, Defendant: Mark P. Hodkinson, Bassford Remele, PA, Minneapolis, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For Hennepin County, Defendant: Toni A. Beitz, Beth A. Stack, and Daniel D. Kaczor, Hennepin County Attorney's Office, Minneapolis, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

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

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

For Metropolitan Airports Commission, Defendant: Timothy R. Schupp and Ryan O. Vettleson, Gaskins, Bennett, Birrell, Schupp, LLP, Minneapolis, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For Olmstead County, Defendant: Douglas A. Boese, Gregory J. Griffiths, and Jennifer Marie Peterson, Dunlap & Seeger, Rochester, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For Ramsey County, Defendant: Kimberly R. Parker and Robert B. Roche, Ramsey County Attorney's Office, Saint Paul, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For Rochester Motors LLC, Defendant: Charles K. Maier, Gray Plant Mooty, Minneapolis, MN; Todd L. Nissen, Drawe & Maland, Edina, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For Saint Louis County, Defendant: Nick D. Campanario, Saint Louis County Attorney's Office, Duluth, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For City of Saint Paul, Defendant: Cheri M. Sisk, City of Saint Paul Attorney's Office, Saint Paul, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For Michael Campion, Ramona Dohman, Pat McCormack, Defendants: Oliver J. Larson, Minnesota Attorney General's Office, Saint Paul, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For John and Jane Doe (1-1500), Entity Does (1-50), DPS Does, Defendants: Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

For Metropolitan Council, Defendant: Daniel L. Abelson, Metropolitan Council, Saint Paul, MN; Stephanie A. Angolkar and Susan M. Tindal, Iverson Reuvers Condon, Bloomington, MN.

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SECOND AMENDED MEMORANDUM OPINION AND ORDER

SUSAN RICHARD NELSON, United States 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

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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,

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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 " ...


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