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Knutson v. Fargo, No. 08-1894

By FindLaw Staff on April 12, 2010 | Last updated on March 21, 2019

Knutson v. Fargo, No. 08-1894, involved an action arising out of flooding that occurred on plaintiffs' property.  The Eighth Circuit affirmed the dismissal of the complaint, holding that the district court was required to give preclusive effect to a prior state court judgment under the Full Faith and Credit Act.

As the court wrote:  "Douglas and Linda Knutson appeal from the order of the District Court dismissing without prejudice their 42 U.S.C. § 1983 suit against the City of Fargo, North Dakota.  On July 8, 2003, a cast-iron water main belonging to the City broke, flooding the Knutsons' property and damaging their house and yard. In August 2004, they filed suit against the City in state court seeking damages under state-law legal theories of inverse condemnation, intentional trespass, and negligence. The state district court granted the City's motion for summary judgment, and the North Dakota Supreme Court affirmed. Knutson v. City of Fargo, 714 N.W.2d 44 (N.D. 2006). The Knutsons did not file a petition for a writ of certiorari in the United States Supreme Court."

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