The Minnesota SuÂpreme Court has ruled that a St. Paul police ofÂfiÂcer sued over an incident that occurred while he was workÂing as a priÂvate seÂcuriÂty guard is not enÂtiÂtled to a legal defense by the city of St. Paul.
Officer Eric Reetz was sued for alleged negligence by a woman who was stabbed by a male cliÂent at a St. Paul homeÂless shelÂter on Dec. 30, 2016. The lawsuit said Reetz failed to deÂtect the knife that the man smugÂgled in durÂing his security shift.
Reetz conÂtended he was enÂtiÂtled to a city defense. But the SuÂpreme Court ruled otherÂwise Wednesday, overturning an Appeals Court ruling that had supported Reetz against the city's rejection of representation for him.
"BeÂcause we conÂclude that Reetz was not 'actÂing in the perÂformÂance of the duÂties of the poÂsiÂtion' of a poÂlice ofÂfiÂcer unÂder [Minnesota law] when he alÂlegÂedÂly failed to deÂtect the knife at the homeÂless shelÂter, the City was not reÂquired to deÂfend and inÂdemÂniÂfy him," the Supreme Court's ruling said.
Reetz had argued that the city was reÂquired to deÂfend him beÂcause "off-duty poÂlice ofÂficÂers who proÂvide priÂvate seÂcuriÂty serÂvices can also be perÂformÂing poÂlice duÂties beÂcause they 'perÂform these duÂties while in uÂniÂform and mainÂtain the arÂrest powÂer' as if they were on duty."
The city conÂcludÂed that he was not perÂformÂing his duÂties as a poÂlice ofÂfiÂcer while he was workÂing at the Dorothy Day Center, which is operated by Catholic Charities.
Catholic Charities paid Reetz $40 per hour for exÂamÂinÂing bags as clients entered, part of an effort to keep weapons, drugs and alÂcoÂhol from enÂterÂing the center.
St. Paul Police Department polÂicy reÂquired him to wear his uÂniÂform while workÂing off-duty and alÂlowed him to use his paÂtrol car with priÂor apÂprovÂal.
While Reetz was reÂquired to have his off-duty work apÂproved, the city was not a parÂty to his aÂgreeÂment with Catholic Charities, the Supreme Court said.
In his duties as a security guard, the high court said, Reetz was acting "in a purely private capacity" at the time he searched the bags.
Alex Chhith • 612-673-5749