Confirm favorite deletion?
Torts Keyed to Dobbs
Wegner v. Milwaukee Mut. Ins. Co
Facts
On August 27, 1986, Minneapolis police were staking out an address in Northeast Minneapolis in the hopes of apprehending two suspected felons who were believed to be coming to that address to sell stolen narcotics. The suspects arrived at the address with the stolen narcotics. Before arrests could be made, however, the suspects spotted the police and fled in their car at a high rate of speed with the police in pursuit. Eventually, the suspects abandoned their vehicle, separated, and fled on foot. The police exchanged gunfire with one suspect as he fled. This suspect later entered Plaintiff’s house and hid in the front closet. Plaintiff’s granddaughter, who was living at the house, and her fiance then fled the premises and notified the police. A SWAT Team was dispatched, and they fired the tear gas to every level of the house, breaking virtually every window in the process. Additionally, the police cast three concussion grenades into the house to confuse the suspect. The police then entered the home and apprehended the suspect. The tear gas and flash-bang grenades caused extensive damage to Plaintiff’s house, and Plaintiff commenced an action against both the City of Minneapolis and Milwaukee Mutual to recover damages. The City both brought motions for summary judgment on all claims. The district court granted partial summary judgment in favor of the City on the “taking” issue, holding that “Eminent domain is not intended as a limitation on [the] police power.”
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.