test immunity (Minnesota) · Go Syfert
← Minnesota issues

test immunity in Minnesota

11 Minnesota opinions name it 2 courts 1901–2018 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Johnson v. Comm'r Safetygreen
minn · 2018 · cited in 1 Minnesota opinions naming this issue, 2018–2018
1 sentence

2018See Minn. Stat. § 169A.52, subd. 4(a). 2 *505 Relying on McDonnell , Morehouse argues that his driver's license revocation should be rescinded because he was read an inaccurate implied consent advisory. 3 Our analysis is informed by our decision in Johnson v. Commissioner of Public Safety , No. A16-0502, 911 N.W.2d 506 , 508-09, 2018 WL 2032139 (Minn. May 2, 2018), filed contemporaneously with this opinion.

11
McDonnell v. Commissioner of Public Safetygreen
minn · 1991 · cited in 1 Minnesota opinions naming this issue, 1992–1992
1 sentence

1992The state also argues that Thesing does not raise a due process claim “identical” Jo that in McDonnell because there is no evidence he was influenced to take the test by the warning of criminal penalties. *736 Cf. McDonnell, 473 N.W.2d at 855 (district court found driver would have refused absent warning of criminal penalties).

11
Ellis v. Minneapolis Commission on Civil Rightsgreen
minn · 1982 · cited in 1 Minnesota opinions naming this issue, 1987–1987
1 sentence

1987Ellis v. Minneapolis Commission on Civil Rights, 319 N.W.2d 702, 704 (Minn.1982).

11
State v. Carongreen
minn · 1974 · cited in 1 Minnesota opinions naming this issue, 1978–1978
2 sentences

1978See, State v. Caron, 300 Minn. 123 , 218 N.W.2d 197 (1974), and State v. Prettyman, supra .

1978See, State v. Caron, 300 Minn. 123 , 218 N.W.2d 197 (1974), and State v. Prettyman, supra .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
McClure v. City of Red Wing green
minn · 1881
2 sentences

1953Peters v. Town of Fergus Falls, 35 Minn. 549 , 29 N. W. 586 ; McClure v. City of Red Wing, 28 Minn. 186 , 9 N. W. 767 ; Tate v. City of St.

1953Peters v. Town of Fergus Falls, 35 Minn. 549 , 29 N. W. 586 ; McClure v. City of Red Wing, 28 Minn. 186 , 9 N. W. 767 ; Tate v. City of St.

21953–1953
Peters v. Town of Fergus Falls green
minn · 1886
2 sentences

1953Peters v. Town of Fergus Falls, 35 Minn. 549 , 29 N. W. 586 ; McClure v. City of Red Wing, 28 Minn. 186 , 9 N. W. 767 ; Tate v. City of St.

1953Peters v. Town of Fergus Falls, 35 Minn. 549 , 29 N. W. 586 ; McClure v. City of Red Wing, 28 Minn. 186 , 9 N. W. 767 ; Tate v. City of St.

21953–1953
State v. Rivera green
ariz · 1987
1 sentence

2002Rather, the State chose not to gather evidence of defendant’s blood alcohol level to prove its case.” Id.

12002–2002
Delaware v. Van Arsdall green
scotus · 1986
2 sentences

1994It is a small logical step from this test to the test for excluded evidence, which is “whether, assuming that the damaging potential of the [excluded evidence] were fully realized, a reviewing court might nonetheless say that the error was harmless beyond a reasonable doubt.” Delaware v. Van Arsdall, 475 U.S. 673, 684 , 106 S.Ct. 1431, 1438 , 89 L.Ed.2d 674 (1986).

1994It is a small logical step from this test to the test for excluded evidence, which is “whether, assuming that the damaging potential of the [excluded evidence] were fully realized, a reviewing court might nonetheless say that the error was harmless beyond a reasonable doubt.” Delaware v. Van Arsdall, 475 U.S. 673, 684 , 106 S.Ct. 1431, 1438 , 89 L.Ed.2d 674 (1986).

11994–1994
Harlow v. Fitzgerald green
scotus · 1982
2 sentences

1988The test for immunity became whether the officials’ conduct violated “clearly established statutory or constitutional rights of which a reason *675 able person would have known.” Id. at 818 , 102 S.Ct. at 2738 . 1 See generally, Note, Qualified Immunity for Government Officials: The Problem of Unconstitutional Purpose in Civil Rights Litigation, 95 Yale L.J. 126 (1985).

1988The test for immunity became whether the officials’ conduct violated “clearly established statutory or constitutional rights of which a reason *675 able person would have known.” Id. at 818 , 102 S.Ct. at 2738 . 1 See generally, Note, Qualified Immunity for Government Officials: The Problem of Unconstitutional Purpose in Civil Rights Litigation, 95 Yale L.J. 126 (1985).

11988–1988
State v. McCarthy green
minn · 1960
2 sentences

1983State v. McCarthy, 259 Minn. 24 , 104 N.W.2d 673 (1960), held it was prejudicial error in a prosecution under § 169.121 for the state to offer evidence that a defendant had been offered a test and that no test was taken, because the clear implication of such testimony is that the defendant had refused the test.

1983State v. McCarthy, 259 Minn. 24 , 104 N.W.2d 673 (1960), held it was prejudicial error in a prosecution under § 169.121 for the state to offer evidence that a defendant had been offered a test and that no test was taken, because the clear implication of such testimony is that the defendant had refused the test.

11983–1983
In re Rhutassel neutral
iand · 1899
1 sentence

1901C.) 96 Fed. 597 , that it was the purpose of the present bankruptcy act to provide that in the first class of cases the fraud should be shown or evidenced by a judgment, or at least disclosed in the judgment roll, while in the case of debts for “fraud in a fiduciary capacity” proof of the fiduciary capacity would furnish the test of the exception which would apply to cases of violation of express trusts.

11901–1901

Where else courts name it

TX 81 (1925–2024) CA 79 (1922–2025) OH 73 (1932–2026) NJ 66 (1907–2026) IL 60 (1878–2025) PA 53 (1922–2025) MO 42 (1906–2023) CT 38 (1969–2020) NY 30 (1900–2024) WA 25 (1927–2026) MD 25 (1955–2021) AL 25 (1916–2023) WI 25 (1884–2025) FL 23 (1954–2015) IA 22 (1858–2026) MI 20 (1903–2025) MS 20 (1909–2022) KS 19 (1906–2024) MA 17 (1975–2024) KY 15 (1946–2025) IN 15 (1881–2023) SC 13 (1906–2024) WV 12 (1940–2016) OR 12 (1902–2024) MN 11 (1901–2018) TN 11 (1974–2022) HI 11 (1963–2024) AR 10 (1961–2024) NC 10 (1901–2016) AZ 10 (1952–2014) OK 9 (1937–2014) LA 9 (1977–2013) GA 8 (1935–2019) VT 8 (1911–2024) ID 8 (1971–2021) UT 8 (2016–2025) NE 7 (1922–2022) AK 7 (1970–2020) DC 7 (1953–2021) CO 6 (1931–2018) NM 6 (1958–2012) SD 4 (1950–2002) WY 4 (1990–2017) MT 4 (1992–2024) VA 4 (1982–2022) ME 3 (1900–2012) RI 3 (1992–2007) DE 3 (1996–2021) ND 2 (2006–2006) PR 2 (1956–1965)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check