The Duluth police officer who assaulted a man in a wheelchair at a detox center has been released from the police force. Former officer Richard Jouppi has also been charged with one count of Fifth Degree Assault and one count of Disorderly Conduct. Both charges are misdemeanors and carry a maximum possible punishment of up to 90 days in...
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EXPUNGEMENT OF DOMESTIC ASSAULT Crimes of domestic violence are now eligible for a Minnesota expungement. A domestic assault expungement had previously been prohibited from being expunged under the new Minnesota expungement law. Crimes of domestic violence, such as domestic abuse, domestic assault, sexual assault, violations of an order for protection (OFP) or a restraining order, stalking, and violations of a domestic...
Read MoreWe are currently representing an individual in Blue Earth County, Minnesota who is charged with Criminal Defamation in violation of Minn. Stat. § 609.765. We previously filed a motion to dismiss arguing the Minnesota criminal defamation statute is unconstitutional. In our opinion, the Minnesota criminal defamation statute is overbroad because it punishes constitutionally protected free speech and does not provide for...
Read MoreDefending Your Freedom, Finances and Your Future When facing criminal charges, especially misdemeanor offenses, it’s common for people to assume that they can plead guilty, defend themselves or rely on the help of a public defender and get a good outcome. After many years of experience as a criminal defense lawyer, John has repeatedly seen defendants come to court...
Read MoreThe recent opinion by the Court Appeals has left some uncertainty in Minnesota regarding an adequate legal remedy for what’s become known as “revenge porn” crimes. Frequent readers of our blog know that we recently prevailed at the Court of Appeals and convinced the Court that Minnesota’s criminal defamation law was unconstitutional because it violated the free speech protections of...
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WORKMAN’S COMP In the typical workers’ compensation situation, an employee suffers a work injury and there is no dispute that the injury occurred at work and is covered under workers’ compensation. However, disputes often arise when an injured employee claims that he or she has suffered a new injury as a direct result of the original work injury. The original work...
Read MoreWORK INJURY OVER TIME It is quite common in many different types of jobs to suffer a work injury over time, rather than suffering an injury from a single incident. Depending on the nature of the job, a work injury overtime may be covered under Minnesota workers’ compensation. Probably the most common example of developing a work injury...
Read MoreWORK INJURY DURING LUNCH OR BREAK Whether your work injury during lunch break is covered under Minnesota workers’ compensation depends on the facts of each case. The issue becomes whether that injury and resulting loss are compensable. The general rule is a work injury during lunch break is not compensable if the employee may leave the employer’s premises on an...
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In most cases where an injury has occurred at work, the only remedy is under the Minnesota Workers’ Compensation system. This means the benefits are defined by law. In 1975, however, a provision was added to the Minnesota workers’ compensation law that prohibited retaliation against an employee for seeking workers’ compensation benefits. Under Minnesota workers’ compensation law, an employer...
Read MoreOFFICE PARTY INJURIES In many offices in Minnesota, there are Christmas parties, office parties, picnics, or other office events. Work comp injuries at the office party may be covered under Minnesota workers’ compensation. Several issues are analyzed in making a determination whether work comp injuries at the office party are covered. Minnesota Statute 176.021, subd. 9, provides: Injuries incurred...
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