Braman vs. Sleepy Eye case is dismissed

Braman was fired, rehired as Sleepy Eye Police Chief

By FRITZ BUSCH

Journal Staff Writer

NEW ULM -- The employment case of former Sleepy Eye Police Chief Elvin Braman vs. the City of Sleepy Eye won't go to a jury trial in Brown County District Court.

Judge John R. Rodenberg granted summary judgment (i.e. that it was clear there was no need for a jury trial) on all counts of Braman's complaint last week. He dismissed all of Braman's claims with prejudice. The City of Sleepy Eye was awarded its costs and disbursements, the order said.

William J. Mavity of Minneapolis, Braman's attorney, said Friday that he had not reviewed the summary judgment or discussed it with Braman. He sounded miffed with the case's latest development.

"I'm surprised, " Mavity said after hearing of the summary judgment. "Factual issues aren't supposed to be decided yet."

Mavity did not say if he would appeal the case to the Minnesota Court of Appeals.

Braman was Sleepy Eye Police Chief from Feb. 11, 1999, to April 5, 1999, and from April 12, 1999, to Oct. 10, 1999, after the Sleepy Eye City Council dismissed him earlier, then rehired him, according to the complaint.

Mavity filed a 14-page, 57-paragraph complaint last fall. The complaint included counts of defamation, breach of implied contract, fraudulent misrepresentation and interference with contract.

The complaint named Sleepy Eye City Council members Richard Zinniel, Lester Reinarts and Harold Windschitl and Sleepy Eye Police Officers John Schueller and Robert Paulson as defendants.

The complaint requested Braman be awarded damages of $50,000 or more plus legal fees, costs and other relief, and a jury trial was demanded.

St. Paul attorney Julie Fleming-Wolfe, representing the City of Sleepy Eye for the League of Minnesota Cities, wrote a five-page response to the complaint.

Fleming-Wolfe wrote that the complaint failed to state claims upon which relief may be granted; and that claims should be barred because statements made by defendants were "true expressions or opinion, and therefore absolutely privileged, barred by doctrines of discretionary, qualified, official and/or common law immunity.

She wrote that the statements made by defendants were true, made in good faith, without malice, on proper occasion, for proper purpose and privileged. She asked for dismissal of the complaint and awarding the City of Sleepy Eye all costs and attorney fees and further relief.

If there were any injury, damage or harm, it was a result of the plaintiff's own acts, omissions or conduct, Fleming-Wolfe wrote.

According to the complaint, the Sleepy Eye City Council terminated Braman by a 3-2 vote April 6, 1999, less than two months after he moved to Sleepy Eye from Utah. Councilors Zinniel, Reinarts and Windschitl voted to terminate Braman's contract.

Six days later, Braman was reinstated as police chief after a closed city council meeting, the complaint said. He was terminated again at the end of his probationary period during the council's Oct. 5, 1999 meeting, the complaint said.