Sadek, et al. v. Weber, et al.
Annotate this CaseJohn and Tammy Sadek appealed orders denying their post-judgment motion and sanctioning their attorney under N.D.R.Civ.P. 11. Jason Weber was a Richland County, North Dakota sheriff’s deputy. Sadek acted as a confidential informant for Weber. Sadek was later found in the Red River with a gunshot wound to his head and a backpack full of rocks tied to his body. Sadek’s parents sued Weber and Richland County alleging Weber deceived Sadek by telling Sadek he faced a lengthy prison sentence. They also alleged Weber negligently caused Sadek’s death by failing to adequately train and protect him. The district court granted summary judgment in favor of Weber and Richland County: the misrepresentation underlying the deceit claim was a prediction of a future event and therefore not actionable as deceit as a matter of law; as to the negligence claim, there was no evidence to establish Weber’s conduct was the proximate cause of Sadek’s death. In the first appeal ("Sadek I"), the Sadeks argued a genuine issue of material fact existed as to whether Weber’s conduct caused Andrew Sadek’s death. The North Dakota Supreme Court affirmed, holding that "the evidence only presents a timeline of events and a request that a jury be allowed to speculate what happened as a result of that string of events." The Court's mandate affirming the dismissal judgment was issued on October 7, 2020. In 2022, the Sadeks filed a “Motion for Summary Judgment,” citing N.D.R.Civ.P. 60(b) but requested relief under N.D.R.Civ.P. 56. The Sadeks argued the district court made a mistake by relying on “bad faith” representations by Weber who “successfully hoodwinked [the district court] and obtained a Judgment of Dismissal.” Yet the Sadeks claimed they were entitled to summary judgment because “no triable issue of fact exists as to whether Defendants owed a duty of care to Andrew under the Statute.” The brief was accompanied by a list of signatures “verifying” they agreed with on Supreme Court Justice's dissent in Sadek I. The district court entered an order denying the Sadeks’ post-judgment motion, characterizing it as "baffling and bizarre." After review, the Supreme Court affirmed the district court’s orders and granted the Appellees’ motion for sanctions.
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