DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

173437P.pdf   08/01/2019  Samantha Orduno  v.  Richard Pietrzak
   U.S. Court of Appeals Case No:  17-3437
                          and No:  17-3486
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Colloton, Author, with Loken and Kelly, Circuit Judges] Civil case - Driver's Privacy Protection Act. The circumstances of each obtainment of information from the driver's license database would have varied from class member to class member, and the district court did not err in denying plaintiff's motion to certify a class; the district court did not err in denying plaintiff's motion for reconsideration of that order as plaintiff's new evidence did not alter the calculus on the predominance issue; without evidence that city officials knowingly caused Police Chief Pietrzak's impermissible actions, the City of Dayton cannot be directly liable; and without proof of willful or reckless disregard of the law, it follows the district court properly declined to allow punitive damages against the City of Dayton; assuming, without deciding that a plaintiff under DPPA may pursue a claim for municipal liability based on the Monell standards that govern municipal liability under Section 1983, the Chief's clandestine use of the database cannot fairly be said to represent official policy; in City's cross-appeal, the judgment that the City was vicariously liable for the Chief's violations of the DPPA is affirmed as the district court correctly construed the civil action provisions of the Act to incorporate background tort-related rules of vicarious liability; no error in excluding evidence of other occasions when the Chief obtained driver's license data as he had admitted liability flowing from the six unlawful obtainments; no error in excluding evidence of the City's response to the misconduct; reduction of plaintiff's request for attorneys' fees award was not an abuse of the court's discretion; DPPA does not explicitly authorize the taxation of expert witness fees as costs, and the district court did not err in declining to award them.