201362P.pdf   03/19/2021  Amy Krekelberg  v.  City of Minneapolis
   U.S. Court of Appeals Case No:  20-1362
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Gruender, Author, with Erickson and Kobes, Circuit Judges] 
   Civil case - Driver's Protection Privacy Act. The district court did not 
   err in denying the City's motion to dismiss 72 vicarious-liability claims 
   against it after the court dismissed the claims against the individual 
   officers who accessed plaintiff's records, as "the servant is not a 
   necessary party to an action against the master;" the dismissals of the 72 
   underlying complaints against the City's officers were not judgments on 
   the merits under the Act, and Section 271B(2) does not preclude the City 
   from being vicariously liable for them; the district court erred under 
   Rule 403 of the Rules of Evidence in admitting evidence of 850 accesses 
   that were not committed by the 58 Minneapolis police officers whose DPPA 
   violations were at issue; the court also erred under Rule 403 in admitting 
   evidence of harassment, retaliation, and failure to investigate by the 
   City; the court also erred in instructing the jury that the City would 
   indemnify the two remaining police officer defendants; these three errors 
   affected defendants' substantial rights, and the jury verdict must be set 
   aside; matter remanded for a new trial