United States Eighth Circuit

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Zutz v. Nelson, 09-1462

In an action by members of the Middle-Snake-Tamarac Rivers Watershed District Board alleging state law defamation and violations of 42 U.S.C. section 1983 against other Board members and related persons, the dismissal of the complaint is affirmed where: 1) plaintiffs anchored their case against defendants on the same defamatory statements that formed the basis of a prior state-court action; and 2) the complaint did not adequately allege that defendants deprived plaintiffs of a constitutionally protected federal right.

Appellate Information

  • Submitted 12/15/2009
  • Decided 04/15/2010
  • Published 04/15/2010


  • BEAM, Circuit Judge., Before BYE, BEAM, and COLLOTON, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • Paul Allan Sortland, argued, Minneapolis, MN, for appellants.

  • For Appellees:
  • Lindsay Grier Arthur, Jr., argued, Kirsten J. Hensen, on the brief, Minneapolis, MN, for appellees John Nelson and Arlyn Stroble., John M. Bjorkman, argued, Mark A. Solheim and Paula D. Vraa, on the brief, St. Paul MN, for appellees Nick Drees and Danny Omdahl., Victor Lund, argued, Richard P. Mahoney, on the brief, Minneapolis, MN, for appellees Douglas Kamrowski and RoughRider Legal Support Services.
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