Radke v. County of Freeborn: The Return of the Public Duty Rule?

Abstract

Article explores when Minnesota law provides a cause of action against government actors who are negligent in the performance of their duties. Part II of this Article traces the separate development of the common law public duty rule and the implied statutory cause of action analysis. Part III examines the Hoppe case, where the supreme court seemed to hold that the absence of an implied statutory cause of action precluded the existence of a common law cause of action. Part IV then assesses the Radke court’s effort to resolve the confusion flowing from Hoppe.

Keywords: Radke, negligence, duty, official duties, common law torts, Minnesota law, public officials, common law cause of action, statutory cause of action