Kelly v. City of Minneapolis

Antoinette Deyo and Virginia Kelly, respondents, were arrested by Minneapolis police officers in the early morning hours of September 29, 1991. A fracas between the appellant officers and the respondent arrestees ensued and respondents brought suit against appellants, officers Daniel Wells and David Roiger, as well as other police officers and the City of Minneapolis, alleging a wide variety of police misconduct including intentional infliction of emotional distress. Following a six-week trial in Hennepin County District Court, an 81-question special verdict form was submitted to the jury requiring findings as to each of the claims. The jury found for appellant police officers on each element of every claim, but found appellants Wells and Roiger had committed intentional infliction of emotional distress although not with malice. The trial court held that appellants Wells and Roiger, as well as the City of Minneapolis, were protected from liability by official immunity because regardless of their intentional infliction of emotional distress, they had not acted with malice, citing Johnson v. Morris, 453 N.W.2d 31 (Minn. 1990).