Ronald R. Ernst v. Birch Burdick, Brett Shasky, and Sherri Arnold

Summary

The Supreme Court of North Dakota affirmed summary judgments dismissing Ronald R. Ernst's claims for damages against prosecutors and a police detective for allegedly disseminating criminal history information to the media. The court held that N.D.C.C. §§ 12-60-16.1 through 12-60-16.10 do not create an implied private cause of action for damages, noting that the legislature omitted the express civil-remedy language found in the Uniform Criminal History Records Act. The court also concluded that Ernst failed to raise a genuine issue of material fact as to one defendant's alleged dissemination.

Holdings

1. Summary judgment was proper because Ernst failed to submit competent admissible evidence refuting Burdick's affidavit or otherwise creating a genuine issue of material fact.
2. A record subject does not have a private cause of action for damages against a party who violates provisions of North Dakota's criminal-history-record-information legislation, N.D.C.C. §§ 12-60-16.1 through 12-60-16.10.

Questions Presented

1. Whether summary judgment was proper on Ernst's claims against Burdick when Ernst failed to present competent admissible evidence creating a genuine issue of material fact.
2. Whether North Dakota's criminal-history-record-information statutes create an implied private cause of action for damages against persons who allegedly violate those statutes.

Disposition

affirmed