Filed: Dec. 23, 1999
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-1879 _ Sharlette Petrik, * * Appellant, * * v. * * State of Minnesota; James Morrow; * Appeal from the United States Ellen Maas; Marc Al; Dyanna Oian; * District Court for the District Anoka County District Court; Anoka- * of Minnesota. Metro Regional Treatment Center; City * of Columbia Heights; Richard Schmidt; * [UNPUBLISHED] Steven Vaughn; Michael McGee; * Columbia Heights Police Officers, Doe * 1 and Doe 2, * * Appellees. * _ Su
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-1879 _ Sharlette Petrik, * * Appellant, * * v. * * State of Minnesota; James Morrow; * Appeal from the United States Ellen Maas; Marc Al; Dyanna Oian; * District Court for the District Anoka County District Court; Anoka- * of Minnesota. Metro Regional Treatment Center; City * of Columbia Heights; Richard Schmidt; * [UNPUBLISHED] Steven Vaughn; Michael McGee; * Columbia Heights Police Officers, Doe * 1 and Doe 2, * * Appellees. * _ Sub..
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-1879 ___________ Sharlette Petrik, * * Appellant, * * v. * * State of Minnesota; James Morrow; * Appeal from the United States Ellen Maas; Marc Al; Dyanna Oian; * District Court for the District Anoka County District Court; Anoka- * of Minnesota. Metro Regional Treatment Center; City * of Columbia Heights; Richard Schmidt; * [UNPUBLISHED] Steven Vaughn; Michael McGee; * Columbia Heights Police Officers, Doe * 1 and Doe 2, * * Appellees. * ___________ Submitted: December 16, 1999 Filed: December 23, 1999 ___________ Before McMILLIAN and FAGG, Circuit Judges, and BOGUE,* District Judge. ___________ PER CURIAM. * The Honorable Andrew W. Bogue, United States District Judge for the District of South Dakota, sitting by designation. Sharlette Petrik appeals the district court's orders in this civil rights action dismissing the state parties on Eleventh Amendment grounds, dismissing the court parties based on judicial immunity, and granting summary judgment in favor of the city parties sued by Petrik. Having reviewed the record and the parties' briefs, we conclude Petrik is not entitled to relief. We agree with the district court's analysis that a Minnesota statute which provides that persons perceived publicly to be intoxicated may be delivered to a detoxification facility (instead of jail) is constitutional. We also agree with the district court that the statute was correctly applied to Petrik based on undisputed evidence she was publicly intoxicated, and the police officers had ample reason to believe she was a danger to herself because of her intoxicated condition. We thus conclude the district court correctly granted dismissals and summary judgment, and we affirm for the reasons stated in the district court's orders without further discussion. We also conclude the district court correctly dismissed Petrik's state law claims. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-