CASE 0:21-cv-02733-PJS-LIB Doc.

1 Filed 12/22/21 Page 1 of 6

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

Amber Hardtke, Court File No.

Plaintiff,
COMPLAINT WITH
vs. JURY DEMAND

City of East Grand Forks; and Lieutenant

Rod Hajicek and Sergeant Tony Hart, in
their individual and official capacities,

Defendants.

INTRODUCTION

1. This is an action for money damages brought pursuant to 42 U.S.C. §§ 1983 and 1988, and

Minnesota state law.

JURISDICTION

2. Jurisdiction is based upon 28 U.S.C. §§ 1331 and 1343, and on the pendent jurisdiction of

this Court to entertain claims arising under state law pursuant to 28 U.S.C. § 1367.

VENUE

3. This Court is the proper venue for this proceeding under 28 U.S.C. § 1391, as the material

events and occurrences giving rise to Plaintiff’s cause of action occurred within the State of

Minnesota.

PARTIES

4. Plaintiff Amber Hardtke is an individual person of full age and a resident of the State of

Minnesota.

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5. Defendant City of East Grand Forks is a municipal corporation and the public employer of

the individual Police Officer Defendants. City of East Grand Forks is sued directly and also

on the theories of respondeat superior or vicarious liability and pursuant to Minn. Stat. §

466.02, for the actions of its officers and officials.

6. Lt. Hajicek and Sgt. Hart were at all times relevant to this complaint duly appointed and

acting Police Officers employed by City of East Grand Forks, acting under color of law, to

wit, under color of the statutes, ordinances, regulations, policies, customs and usages of the

State of Minnesota and/or City of East Grand Forks.

FACTS

7. In early 2020, Plaintiff Amber Hardtke was employed as a treatment director at Douglas

Place, which is a residential treatment program center in the City of East Grand Forks. At the

same time, Lt. Hajicek and Sgt. Hart were employed as peace officers for the City of East

Grand Forks.

8. On January 23, 2020, Lt. Hajicek and Sgt. Hart obtained a “SEARCH WARRANT” from a

Polk County judge directing them to obtain “Intake and discharge paperwork for [K.A.S.]”

from “Douglas Place . . . [a] large multi level building [located at] . . . 1111 Gateway Drive

Northeast . . . , a residential treatment facility.” The warrant specifically commanded Sgt.

Hart and Lt. Hajicek to “enter and search between the hours of 7 a.m. and 8 p.m., to search

the above-described premises, for the described property and thing(s), and to seize and keep

said property and thing(s) in custody until dealt with according to law.”

9. Having obtained the warrant, Sgt. Hart and Lt. Hajicek proceeded to the Douglas Place

facility to execute the warrant. Once the officers arrived at Douglas Place, they made contact

with Ms. Hardtke and demanded that Ms. Hardtke locate and turn over the intake and

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discharge paperwork for K.A.S. Ms. Hardtke declined the request because K.A.S.’s intake

and discharge documents constitute confidential and/or privileged records under HIPAA and

the Minnesota Health Records Act and Ms. Hardtke had no legal authority from K.A.S. to

turn over their confidential health records to law enforcement.

10. The search warrant that was obtained by the Defendant officers did not include any orders or

directives for Ms. Hardtke or any other Douglas Place staff to assist the officers in searching

the property for K.A.S.’s records. In fact, the search warrant specifically “command[ed]” Sgt.

Hart and Lt. Hajicek to enter and search Douglas Place for K.A.S.’s records and then to seize

the records upon locating them. As such, Ms. Hardtke had no legal obligation to assist the

Defendant Officers in locating the records they were directed to search for and seize.

11. During the subject incident, Ms. Hardtke never interfered with or obstructed the Defendant

Officers in any way. Sgt. Hart and Lt. Hajicek were free to search Douglas Place for the

records identified in the search warrant and to seize the same records upon locating them

during the search. Instead of carrying out their legal duties to search the property and locate

the records, they demanded assistance from Ms. Hardtke and, when she refused to cooperate

in their unlawful demands for assistance, they arrested and charged her with two counts of

obstruction of legal process.

12. Ms. Hardtke never obstructed the Defendant Officers physically, verbally, or by any other

means and she never interfered with or hindered their ability to execute the search warrant.

The Defendant Officers arrested and charged Ms. Hardtke with two criminal offenses as a

means of intimidation, retaliation, and harassment and in an effort to drive Douglas Place out

of town. Five days later, On January 23, 2020, all criminal charges against Ms. Hardtke were

dismissed by the prosecution.

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13. As a result of Defendants’ actions, Ms. Hardtke suffered deprivation of freedom and liberty,

was jailed for approximately 3 hours, suffered harm to her reputation, was charged with false

criminal offenses, experienced psychological trauma and distress, and suffered diminished

quality and enjoyment of life.

CLAIMS FOR RELIEF

COUNT 1: 42 U.S.C. § 1983 – FOURTH AMENDMENT UNREASONABLE SEIZURE AND FALSE

ARREST AGAINST DEFENDANTS HART AND HAJICEK

14. Paragraphs 1 through 13 are incorporated herein by reference as though fully set forth.

15. Based on the above factual allegations, the Defendants Officers, through their actions, acting

under the color of state law, violated Plaintiff’s constitutional right to remain free from

unreasonable seizures under the Fourth Amendment to the United States Constitution when

they arrested and jailed Plaintiff without probable cause or other legal justification.

16. As a result of these constitutional violations, Plaintiff suffered damages as aforesaid.

COUNT 2: 42 U.S.C. § 1983 –FOURTH AMENDMENT UNREASONABLE SEIZURE AND FALSE

ARREST (MONELL VIOLATION) AGAINST THE CITY OF EAST GRAND FORKS

17. Paragraphs 1 through 13 are incorporated herein by reference as though fully set forth.

18. Prior to January 23, 2020, Defendant City of East Grand Forks developed constitutionally

deficient training practices with respect to execution of search warrants. Specifically, the City

of East Grand Forks failed to train its officers that private citizens have no obligation to assist

peace officers in executing search warrants and that such refusal to provide assistance is not a

crime under Minnesota state law.

19. The City’s deficient training program was the cause of the violations of Plaintiff’s

constitutional rights alleged herein.

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20. As a result of these constitutional violations, Plaintiff suffered damages as aforesaid.

COUNT 3: FALSE ARREST/IMPRISONMENT AGAINST ALL DEFENDANTS UNDER

MINNESOTA STATE LAW

21. Paragraphs 1 through 13 are incorporated herein by reference as though fully set forth.

22. Based on the above factual allegations, the Defendant Officers unlawfully arrested Plaintiff

without legal justification and in violation of Rule 6.01 of the Minnesota Rules of Criminal

Procedure. The Defendant Officers intended to confine Plaintiff, Plaintiff was actually and

unlawfully confined, and Plaintiff was aware that she was being unlawfully confined.

23. Defendant City of East Grand Forks is vicariously liable to Plaintiff for the Defendant

Officers’ false arrest/imprisonment.

24. As a direct and proximate result of this false arrest/imprisonment, Plaintiff suffered damages

as aforesaid.

COUNT 4: MALICIOUS PROSECUTION AGAINST ALL DEFENDANTS UNDER

MINNESOTA STATE LAW

25. Paragraphs 1 through 13 are incorporated herein by reference as though fully set forth.

26. Based on the above factual allegations, the Defendant Officers committed malicious

prosecution when they intentionally and with malice caused Plaintiff to be prosecuted for

obstruction of legal process without probable cause and without reasonable belief that the

prosecution will succeed. The prosecution terminated in Plaintiff’s favor when all criminal

charges against Plaintiff were dismissed.

27. Defendant City of East Grand Forks is vicariously liable to Plaintiff for the Defendant

Officers’ malicious prosecution.

28. As a direct and proximate result of this malicious prosecution, Plaintiff suffered damages as

aforesaid.

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RELIEF REQUESTED

WHEREFORE, Plaintiff requests that this Court grant the following relief:

a. Issue an order granting Plaintiff judgment against Defendants on all counts set forth above;

b. Award of compensatory damages to Plaintiff against all Defendants, jointly and severally;

c. Award of punitive damages to Plaintiff against all Defendants, jointly and severally;

d. Award of reasonable attorney’s fees and costs to Plaintiff pursuant to 42 U.S.C. § 1988;

e. Award of such other and further relief as this Court may deem appropriate.

THE PLAINTIFF HEREBY DEMANDS A JURY TRIAL.

THE LAW OFFICE OF ZORISLAV R. LEYDERMAN

Dated: December 21, 2021 By: s/ Zorislav R. Leyderman

ZORISLAV R. LEYDERMAN
Attorney License No. 0391286
Attorney for Plaintiff
The Law Office of Zorislav R. Leyderman
222 South 9th Street, Suite 1600
Minneapolis, MN 55402
Tel: (612) 876-6626
Email: [email protected]

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JS 44 (Rev. 04/21) CIVIL COVER
CASE 0:21-cv-02733-PJS-LIB SHEET
Doc. 1-1 Filed 12/22/21 Page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Hardtke, Amber City of East Grand Forks; Hajicek, Rod; Hart, Tony

(b) County of Residence of First Listed Plaintiff Chisago County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
The Law Office of Zorislav R. Leyderman, 222 South 9th
St., Suite 1600, Minneapoils, MN 55402, 612-876-6626
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government ✖ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation ✖ 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 USC 1983
VI. CAUSE OF ACTION Brief description of cause:
Civil Rights Violations - 4th Amendment
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
12/22/2021 s/ Zorislav R. Leyderman
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 04/21) CASE 0:21-cv-02733-PJS-LIB Doc. 1-1 Filed 12/22/21 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
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Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
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Section 1407.
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PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statute.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.