Radke v. County of Freeborn: The Return of the Public Duty Rule?

Authors

Mehmet K. Konar-Steenberg, Mitchell Hamline School of LawFollow

Document Type

Article

Publication Date

2006

Publication Information

32 William Mitchell Law Review 1383 (2006)

Abstract

Article explores when Minnesota law provides a cause of action against government actors who are negligent in the performance of their duties. Part II of this Article traces the separate development of the common law public duty rule and the implied statutory cause of action analysis. Part III examines the Hoppe case, where the supreme court seemed to hold that the absence of an implied statutory cause of action precluded the existence of a common law cause of action. Part IV then assesses the Radke court’s effort to resolve the confusion flowing from Hoppe.

Comments

This article is co-authored with Margaret A. Mahoney.

Repository Citation

Konar-Steenberg, Mehmet K., "Radke v. County of Freeborn: The Return of the Public Duty Rule?" (2006). Faculty Scholarship. 18.
https://open.mitchellhamline.edu/facsch/18