171377P.pdf   06/28/2018  Jennie Loeffler  v.  City of Duluth
   U.S. Court of Appeals Case No:  17-1377
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Gruender, Author, with Murphy and Kelly, Circuit Judges] 
   Civil case - Driver's Privacy Protection Act. This opinion is filed by 
   Judge Gruender and Judge Kelly pursuant to the provisions of 8th Cir. R. 
   47E as a result of Judge Murphy's death. The district court did not err in 
   dismissing plaintiff's claims against defendant Kopp as untimely under the 
   statute; plaintiff's amended complaint did not relate back under this 
   court's holding in Heglund v. Aitkin Cty., 871 F.3d 572 (8th Cir. 2017), 
   cert. denied, 138 S.Ct. 749 (2018); plaintiff failed to state a claim for 
   direct municipal liability against the City of Duluth because she failed 
   to plead sufficient facts supporting an inference that the City knowingly 
   allowed Kopp to access the database for any reason other than her official 
   duties; plaintiff failed to preserve any claim for vicarious liability 
   against the City, and the court would not consider the claim for the first 
   time on appeal.