Loeffler v. City of Duluth, No. 17-1377 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's dismissal of plaintiff's claims against defendants in an action alleging claims under the Driver's Privacy Protection Act (DPPA), 18 U.S.C. 2721-25. The court held that the district court properly dismissed plaintiff's claims against Defendant Kopp as untimely under the applicable statute of limitations; plaintiff failed to state a claim for direct municipal liability against Duluth because she failed to plead sufficient facts supporting an inference that the City knowingly allowed Kopp to access the database for any reason other than her official duties; and plaintiff failed to preserve any vicarious liability claim.
Court Description: Gruender, Author, with Murphy and Kelly, Circuit Judges] Civil case - Driver's Privacy Protection Act. This opinion is filed by Judge Gruender and Judge Kelly pursuant to the provisions of 8th Cir. R. 47E as a result of Judge Murphy's death. The district court did not err in dismissing plaintiff's claims against defendant Kopp as untimely under the statute; plaintiff's amended complaint did not relate back under this court's holding in Heglund v. Aitkin Cty., 871 F.3d 572 (8th Cir. 2017), cert. denied, 138 S.Ct. 749 (2018); plaintiff failed to state a claim for direct municipal liability against the City of Duluth because she failed to plead sufficient facts supporting an inference that the City knowingly allowed Kopp to access the database for any reason other than her official duties; plaintiff failed to preserve any claim for vicarious liability against the City, and the court would not consider the claim for the first time on appeal.
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