State v. Paulson
v.
The Honorable John T. Paulson,
Judge of the District Court,
Southeast Judicial District,
and Guardian and Protective
Services, Inc., as conservator
for Cornelius Hopkins, Jr.,
a minor, Respondents
| Respondent: | John T. Paulson | |
| Respondent: | Dickson Law Office | |
| Petitioner: | Jean R. Mullen , Att. General Office |
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I. This Court should exercise its supervisory jurisdiction because Petitioner has no other adequate remedy.
II. This Court should exercise its supervisory jurisdiction in this case to rectify errors and prevent injustice.
A. Failure to comply with the notice of claim provision bars a suit against the State.
B. The district court erred in holding that there was no notice of claim time limit in Hopkins case.
C. The district court's rationale is inconsistent with this Court's findings on notice of claim requirements.
Appellee's Statement of the Issues:
The 180-day notice of claim requirement under N.D.C.C 32-12.2-04(1) does not apply to this case.
1. The 180-day notice of claim requirement under N.D.C.C. 32-12.2-04(1) does not apply to this case because Cornelius has been incapacitated by the injuries he suffered on February 28, 1998.
2. The "incapacitated by the injury" exception to the 180-day notice of claim requirement under N.D.C.C. 32-12.2-04(1) should be interpreted broadly as the North Dakota Legislature did not intend the 180-day notice of claim requirement to be jurisdictional.
B. The State's argument that the 180-day time period is somehow applicable to Cornelius' guardian should be rejected as it is not supported by the law or the facts in this case.
C. N.D.C.C. 28-01-25 excepts Cornelius from the requirements of the 180-day claim filing period in N.D.C.C. 32-12.2-04(1) because he is a minor.
D. The 180-day claim-filing requirement found in N.D.C.C. 32-12.2-04(1) is unconstitutional.
1. Section 32-12.2-04(1), N.D.C.C., violates Cornelius' constitutional right of equal protection as guaranteed by the Fourteenth Amendment of the United States Constitution and Article I, 21 of the North Dakota Constitution.
2. Section 32-12.2-04(1), N.D.C.C., also constitutes a violation of the due process clauses of the Fourteenth Amendment of the United States Constitution and Article I, 12, of the North Dakota Constitution.
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