Riemers v. State
Court of Appeals
v.
State of North Dakota for the
University of North Dakota, Defendant and Appellee
Judge Debbie Gordon Kleven
| Appellant: | Pro se | |
| Appellee: | Douglas Alan Bahr , Att. General Office |
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I.Did the Court make procedural errors and thus deny Riemers due process rights?
A.By treating and ruling on the State's Motion to Dismiss instead of treating it as a Summary Judgement Action as required by N.D.R.Civ.P 12(b) when the State repeatedly presented evidence outside the pleadings?
B.By accepting and acting on the State's motion awarding Attorney Fees when it had not previously been plead as required by N.D.R.Civ.P. 12(b)?
C.By allowing the late entry of the State's Answer after the Dismissal Motion and pleadings had already been submitted to the Court?
D.By allowing the State to submit an unauthorized Reply Brief after the issue was already submitted to the Court?
E.By awarding attorney fees partially based on the State's Claim of a N.D.R.Civ.P. 11(b) violation as part of its argument for attorney fees when the State made no attempt to follow Rule 11 procedure?
II.Did the Court err by ruling that Riemers' free speech claim was "not accompanied or supported by factual contentions in the Complaint." And was "frivolous because of the absence of actual facts and law that would allow Riemers to expect a court to rule in his favor" and then awarded the State attorney fees based on these rulings? (emphasis added)
III.Did the Court err by ruling that Riemers' Complaint "failed to state a claim upon which relief can be granted"?
IV.Did the Court err by ruling that Riemers had no legal right to audit law classes?
V.Was the Court's action in awarding attorney fees a denial of Riemers right to access the courts under Article 1, Section 9 of the North Dakota Constitution?
Reply Brief Issues
I. The right to audit law school classes.
A. Has Riemers abandoned most of his arguments?
B. Is there a constitutional right to an education?
C. Did the district court make procedural errors?
II. Did Riemers fail to make a free speech claim?
III.Did the State properly file a belated answer?
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