WALKER Ð District Court Judge Shari R. Schluchter ruled last month to dismiss all claims against Cass County in a lawsuit Scott R. Seelye, 55, Bena, filed from his Oak Park Heights prison cell in 2006.
Seelye currently is serving 20 years for first- and second-degree arson and first- and second-degree burglary and contempt of court for his actions May 8, 2002, to burn down the only grocery store in Bena. The store has not been rebuilt.
Seelye has 60 days to appeal the district court ruling to Minnesota Court of Appeals.
A Cass County transport officer drove Seelye by county van from the Minnesota Correctional Facility at Rush City to Cass County Jail in Walker on March 12, 2006.
Seelye maintained in his lawsuit that he was not seatbelted into the van, was required to sit bent over and had to brace himself with his legs each time the deputy applied brakes or drove over a bump in the road.
He said this aggravated a back and neck condition he has, causing him pain.
He described his accommodations in the van as being a "grated kennel."
In court, the transport officer testified he told Seelye to fasten his seatbelt when he entered the van and that Seelye's restraints should not have prevented him from doing so.
Further, the officer testified that Seelye did not ask for assistance to fasten his seatbelt.
The court decision notes that Cass County regulations only require that transport officers follow state law.
The state seatbelt law only requires that rear seat passengers be seatbelted if they are older than three and younger than age 11.
The court found that Seelye failed to inform the transport officer of any inability to fasten the seatbelt or of any discomfort during the transport.
Therefore, the court found the transport officer did not commit any willful or malicious wrong.
Further, the court ruled that Minnesota does not recognized a claim for negligent training, so Sheriff Randy Fisher could not be held accountable for any problem.
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