FOR THE EIGHT CIRCUIT APPEAL FILE NO.: 14-2569 Sandra Grazzini-Rucki individually and on behalf of her children, NJR, SVR, GJR, NGR and GPR, on behalf of themselves and all others similarly situated. vs. David L. Knutson, an individual, John Does 1-20 and Mary Does 1-20, Defendants Plaintifs, APPELLANTS' DESIGNATION OF RECORD AND STATEMENT OF ISSUES TOBE PRESENTED ON APPEAL Court File No. 0: 13-CV-024 77 Sandra Grazzini-Rucki, individually and on behalf of her children, NJR, SVR, GJR, NGR, AND GPR, on behalf of themselves and all others similarly situated, ("Grazzini-Rucki" or "Appellant"), pursuant to Appeal Briefing Schedule Order, dated July 2, 2014, hereby submits their statement of issues to be presented on appeal and its designation of items to be included in the record on appeal. I. STATEMENT OF ISSUES PRESENTED ON APPEAL 1 Appellate Case: 14-2569 Page: 2 Date Filed: 07/16/2014 Entry ID: 4176093 ISSUE 1. The district court ruling that Judicial Immunities applies to the Plaintiffs Civil Rights Violation Action was clear etTor. ISSUE 2 .. The District Court Failure to explicitly rule on the burden of the Defndant as to invoking Judicial Immunity was clear error. Apposite Cases: Schottel v. Young , 687 F3rd 370, 373 (8t h cir.1982). Apposite Cases: Justice Douglas' dissenting opinion in Pearson v. Ray 386 U.S. 547, 559 (Douglas' Dissenting). Dawkins v. LordPaulet, L. R. 5 Q. B. 94, 110 (C. J. Cockbmn, dissenting). [Without an explicit burden of proof, the iuling is arbitrary and discretionaty, an facially unconstitutional. The judicial immunity was allowed to be invoked without any due process requirements, including an explicit evidentiary standard] Apposite Cases: "The proponent of a claim to absolute immunity bears the burden of establishing the justifcation fr such immunity." Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 432 (1993); see also Buckley v. Fitzsimmons, 509 U.S. 259, 269 (1993). The proponent of a claim to absolute immunity bears the burden of establishing the justification for such immunity." ISSUE 3. The District Court made a clear error by summarily dismissing Plaintiffs Civil Rights Complaint. "Traditionally, the requirements fr relief under[] 1983 have been articulated as: (1) a violation of rights protected by the Constitution or 2 Appellate Case: 14-2569 Page: 3 Date Filed: 07/16/2014 Entry ID: 4176093 created by federal statute, (2) proximately caused (3) by conduct of a 'person' (4) acting under color of state law." Apposite Cases: See Crumpton v. Gates, 947 F.2d 1418, 1420 (9th Cir. 1991). Comis have required plaintiffs to "plead that (1) the defendants acting under color of state law (2) deprived plaintifs of rights secured by the Constitution or federal statutes." Gibson v. United States, 781 F.2d 1334, 1338 (9th Cir. 1986); see also Long v. Count of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006); WM Techs., Inc. v. Miller, 197 F.3d 367, 372 (9th Cir. 1999) (enbanc); Ortez v. Washington Count, Or., 88 F.3d 804, 810 (9th Cir. 1996 Apposite Cases: In Harper v. Merckle, 638 F.2d 848 (5th Cir.), cert. denied, 454 U.S. 816, 102 S. Ct. 93, [946] 70 L. Ed. 2d 85 (1981), 14 the court focused on the following fctors in determining whether or not that a judge's conduct constituted a judicial act: (1) the precise act complained of . . . is a normal judicial function; (2) the events involved occutTed in the judge's chambers; (3) the controversy centered around a case then pending before the judge; and ( 4) the confrontation arose directly and immediately out of a visit to the judge in his official capacity. Whether or not Defndant David Kutson's actions on September 7, 2012, fllowed by a custody trial on September 11, 2013 "judicial acts."? ISSUE 4: The district couti committed significant procedural error and denied Ms. Grazzini-Rucki procedural due process when it failed 3 Appellate Case: 14-2569 Page: 4 Date Filed: 07/16/2014 Entry ID: 4176093 to allow Ms. Grazzini-Rucki to have an evidentiary hearing as to usurping of cases, jurisdiction, and "judicial acts" ISSUE 5: Wether the State's Att01ney General is required to represent/defend an individual who is employee of the County sued individually, and alleged to have committed Civil Rights violations? If so, is the State's Attorney General required to investigate whether or not civil rights violations did in fact occur? If the State's attorney general determines that civil rights violations occmTed, is the State's attorney General then required to investigate whether immunities apply to the acts complained of? a. The District Court committed procedural enor and denied Plaintiffs due process when it relied on the Attorney General's interpretation and application of Minn. Stat. 8.01 "The Defendant is a state employee and the attorney general may provide representation of such employee when so requested by the appropriate individual or authorit"; Minn. Stat. 8.01, et seq. "directing the attorney general to appear on behalf of the state interest." ; Minn. Stat. 3.736 subd 9 indicating that the state shall defend employees for claims arising fom the scope of employment; Minn. Stat. 3.732 sub 1,2 and 43.02 sub. 10,21, 25 which is defining state employees to include district comi judges. b. The District Cami committed procedural e1Tor and denied Plaintiffs due process by allowing the State's attorney general defend to file a motion to summarily dismiss the Plaintiff's claim for civil rights violations based on judicial immunity, which did not apply to the specifc facts of the violation set forth in Ms. Grazzini-Rucki's civil rights case. ISSUE 6: The District Court committed procedural e1Tor and denied Plaintiffs due process when it granted the Defendant David Knutson's motion to dismiss without responding to the Plaintiffs' authorized letters of Februaiy 18, 2014 and April 3, 2014 requesting to supplement the record 4 Appellate Case: 14-2569 Page: 5 Date Filed: 07/16/2014 Entry ID: 4176093 with ongoing evidence of violations of civil rights by individual defendant. ISSUE 7. The Domestic Relations Exception/ounger Abstention does not permit the District Comt to dismiss a claim for relief pursuant to 28 USC 1983? The Domestic Relations/ounger Abstention doctrne does not penit the District Court to dismiss a claim for relief fr civil rights violations where the Plaintif is NOT challenging the state comt decision but is making a claim for civil rights violation and challenging the jurisdiction and acts, in terms of procedures leading up to the decision(s). Apposite Cases. See Barber v. Barber 62 US 582 582 (1859); Ankenbrandt v. Richards 504 US 689 (1992); Rooker v. Fidelit Trust Co. 263 U.S. 413 (1982); District of Columbia Court of Appeals v. Feldman 460 us 462 (1983). ISSUE 8. The District Court misapplied the law as Judges are not absolutely Immune, nor is immunity permission to violate an individual's civil rights, or for ethical abuse. Apposite Cases: Caperton v. Massey, 556 US 868 (2009) a. The district court committed signi ficant procedural en-or and denied Ms. Grazzini-Rucki due process by speciously claiming that "it is well settled that judges of general jurisdiction are not liable in civil actions based on claims of their misconduct dming the perfrmance of their judicial fnctions." And assuming "all actions," without identifying the speci fic and particularized fcts of the civil rights violation complained of to wit: the act of September 7, 2012, and September 12, 2013 were taken in its "judicial capacity" were acts to which immunity attached. b. The District Comt ened by making factual findings from those contained in the court orders written by the Defendant David Knutson himself; and made no factual fndings relating to the alleged 5 Appellate Case: 14-2569 Page: 6 Date Filed: 07/16/2014 Entry ID: 4176093 civil rights violations of September 7, 2012 or September 12, 2013, summarily dismissing Plaintiff's "damage" claims. Apposite Cases: "A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a tribunal is its power to act, and a court must have the authorit to decide that question in the frst instance." Rescue Army v. Municipal Court of Los Angeles, 331 US 549 (1947). Apposite Cases: It was the nature of the fnction perf01med, not the identity of the actor who performed it, that informed our immunity analysis. See Forester v. White 484 US 219 (1988) (Judge's decisions were not judicial acts). c. The district court committed significant procedural error and denied Ms. Grazzini-Rucki procedural due process when it summarily dismissed and failed to allow Ms. Grazzini-Rucki to submit additional evidence, have her motion to compel, and have an evidentiary hearing. NOTE: The Courts Order of May 29, 2014, dismissed the Plaintiff's complaint for civil rights and damages claims against Defndant David L. Knutson filed on September 11, 2013, amended on November 11, 2013 on the grounds of judicial immunity, and Judgment was entered on May 30, 2014. The dismissal effectively denied written requests objecting to the Defndant, sued in his personal capacity, to be represented by the State's att01ney general, and effectively denied the Plaintiffs' written request to supplement the record; and effectively precluded Plaintiffs' scheduled Motion to Compel with the asserting that the Attorney General, and the 6 Appellate Case: 14-2569 Page: 7 Date Filed: 07/16/2014 Entry ID: 4176093 Dakota County Attorey (third patty) did not respond to subpoenas fr security video, which decisions are included in the notice of appeal. Apposite Cases: See Stump v. Sparkman, 435 U.S. 349, 365 (1978) (Stewati, J., dissenting) (citing Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347, 348, 349, 351, 354, 357 (1872)); Brewer v.Blackwell, 692 F.2d 387, 396 (5th Cir. 1982); Harper v. Merckle, 638 F.2d 848, 859 (5thCir.), cert. denied, 454 U.S. 816 (1981); Rheuark v. Shaw, 628 F.2d 297, 304-05 (5th Cir.1980), cert denied, 450 U.S. 931 (1981 ); Lopez v. Vanderwater, 620 F.2d 1229, 1234-35 (7th Cir.), cert. dismissed, 449 U.S. 1028 (1980). II. DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD Appellant designates the following items fr inclusion in the record on appeal. Such designation of pleadings and matters of records includes all exhibits attached or refrred to in the pleadings or matters of records. DOCKET DATE DOCUMENT DESCRIPTION NO. ENTERED Copy of the Federal District comi Case No.: 0:13-CV-02477 l 09/11/2013 First Application to Proceed In Forma Pauperis on Appeal; fled by Sandra Sue Grazzini -Rucki 2 09/11/2013 Complaint for Civil Rights Violations, 42USC sec. and 42 USC sec.1983 against Defendant, David L. Knutson, an individual, et. al 1 Plaintiffs Sandra Grazzini-Rucki 7 Appellate Case: 14-2569 Page: 8 Date Filed: 07/16/2014 Entry ID: 4176093 1 09/27/2013
10/03/2013 . 10/07/2013 1 10/10/2013
10/17/2013 2 10/18/2013 l 10/28/2013 12 10/28/2013 u 10/28/2013 . 17 11/12/2013 individually and on behalf of her fve children, on behalf of themselves and all others similarly situated Third Application to Proceed In F01ma Pauperis on Appeal filed by Sandra Sue Grazzini-Rucki. Order granting 1 Application on Proceeding In Forma Pauperis on Appeal Summons Issued as to David Knutson, John Does 1-20 and Ma_ Does 1-20 Notice of Appearance by Att01ney General Office, assistant attorney general Alethea M. Huyser on behalf of Defendant David Knutson, an individual Notice of Objection to Appearance by Attorney General fr Defendant David L. Knutson, an individual, by Sandra Sue Grazzini-Rucki Letter to District Judge by Defendant David Knutson written by atto1ney general objecting to Notice of Objection to Appearance Motion to Dismiss/General by Defendant David Knutson, individual, fled by att01ney general claiming suit baned by judicial immunities Memorandum in Support re 10 motion to Dismiss I General filed by David Knutson, individual, claiming suit baned by judicial immunity Affidavit of Alethea M.Huyser in Support of 10 Motion to Dismiss/General filed by David Knutson, individual Amended Complaint fr Civil Rights Violations, 42USC sec. and 42 USC sec.1983 against Defndant, David L. Knutson, an individual, et. al by Plaintiffs Sandra Grazzini-Rucki individually and on behalf of her five children, on behalf of 8 Appellate Case: 14-2569 Page: 9 Date Filed: 07/16/2014 Entry ID: 4176093 themselves and all others similarly situated, to add civil rights violation by Defndant, David L. Knutson, on 9/12/13 in canying on and court trial and taking it under advisement without Sandra Grazzini-Rucki, and with her attorney under aJest afer Coaint fled 9-11-13. u 11/15/2013 Stipulation by David Knutson /Sandra Sue Grazzini-Rucki related to deadlines fr filing 20 11/18/2013 Order re U Stipulation related to deadlines fr fling_ 21 11/26/2013 Motion to Dismiss/General by David Knutson (added Motion for Summaiy Judgment) 23 11/26/2013 Memorandum in Support re 21 Motion to Dismiss Rule 12/Motion fr Summary Judgment fled by David Knutson, individual 24 11/26/2013 Affdavit of Carolyn Renn in Support of 2 Motion to Dismiss/General filed by David Knutson 25 11/26/2013 Second Affdavit of Alethea M. Huyser in Suppmt of21 Motion to Dismiss /General Filed by David Knutson 28 12/10/2013 Stipulation to extend Deadline by Sandra Sue Grazzini-Rucki. Jointly signed by David L. Knutson 29 12111/2013 Order re 28 Stipulation 30 12/12/2013 Memorandum in Opposition re 21 Motion to Dismiss/General filed by Sandra Sue Grazzini-Rucki and to deny motion to dismiss 31 12/12/2013 Affidavit of Michelle L. MacDonald in Opposition to 21 motion to Dismiss/General file by Sandra Sue Grazzini-Rucki 32 12/12/2013 Affdavit of Sandra Grazzini-Rucki in Opposition to 21 motion to Dismiss/General filed by Sandra Sue Grazzini-Rucki 9 Appellate Case: 14-2569 Page: 10 Date Filed: 07/16/2014 Entry ID: 4176093 33 12/23/2013 Reply re 21 motion to Dismiss/General Reply Memorandum in Supp01i of Motion to Dismiss Amended Complaint and/or For Summer Judgment of Defendant David L. Knutson filed by_ David Knutson 35 02/10/2014 Supplemental Motion to Supplement fe waiver for no prepayment of transcript costs by Sandra Sue Grazzini-Rucki 36 02/10/2014 Affidavit of Sandra Sue Grazzini-Rucki in Support of35 Supplemental Motion to supplement fe waiver for no prepayment of transcript costs filed by Sandra Sue Grazzini-Rucki 37 02/13/2014 Order - Plaintiffs Motion To Supplement Fee Waiver fr No Pre-Payment of Transcript Costs 35 is Denied 38 02/18/2014 Letter to Magistrate Judge by Sandra Sue Grazzini-Rucki to SlPlement record 39 03/14/2014 Letter to District Judge by David Knutson 41 03/20/2014 Notice ofFiliJ of Official Transcr 42 03/20/2014 Transcript of Motions hearing held on January 10, 2014, before Judge Susan Richard Nelson 43 04/03/2014 Letter to District Judge by Sandra Sue Grazzini-Rucki to supplement record 44 05/29/2014 Memorandum Opinion and Order granting Motion to Dismiss Amended Complaint and/or fr Summary Judgment (granting the motion to dismiss Plaintifs' damages claims on the grounds of judicial immunity, _ order filed May 29, 2014}. 45 05/30/2014 Judgment 46 06/05/2014 Copy of Letter to Ms. Alethea M. Huyser from Michelle MacDonald (attaching subpoenas and correspondence related to Defndant and third paities withholding of security video of courthouse and jail fr dates of September 6,11,12,13, 16 related to Plaintiffs motion to com_el evidence 10 Appellate Case: 14-2569 Page: 11 Date Filed: 07/16/2014 Entry ID: 4176093 withheld, motion scheduled June 23, 2014. Dated: __ _, 2014
c D ONAD AWFIM, LLC (
. , _ ` Michelle L. MacDonald, # 182370 1069 South Robert Street West St. Paul, M 55118 Telephone: (651) 222-4400 Facsimile: (651) 222-1122 ATTORNEY FOR APPELLANT 11