DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
203302P.pdf 02/14/2022 Trenton Robinson v. Erik Norling
U.S. Court of Appeals Case No: 20-3302
U.S. District Court for the District of Minnesota
[PUBLISHED] [Stras, Author, with Gruender and Erickson, Circuit Judges]
Civil case - Civil rights. In response to a motion to dismiss his
complaint as untimely, plaintiff failed to raise the argument that
federal-holiday rule applied, making the complaint timely, and the
district court dismissed the action; plaintiff's inaction in failing to
raise the federal-holiday argument was a forfeiture, which the court can
excuse in certain circumstances, two of which apply here - the proper
resolution of the issue is beyond doubt and the issue is a purely legal
one that does not require additional evidence or argument; the court
therefore exercises its discretion to correct the error and reinstate
plaintiff's Section 1983 claims for excessive force, violation of privacy
and false arrest; however, plaintiff's malicious prosecution claim does
not state a constitutional claim and was properly dismissed.