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Tichich v. City of Bloomington

United States Court of Appeals, Eighth Circuit

September 1, 2016

Sarah Kristine Tichich Plaintiff- Appellant
v.
City of Bloomington; City of Cannon Falls; City of Lakeville; City of Maple Grove; City of Marshall; City of Minneapolis; City of Ramsey; City of Richfield; City of Robbinsdale; City of Rosemount; City of St. Anthony; City of Woodbury; Hennepin County; Mille Lacs County; Minneapolis Park and Recreation Board; Ramsey County; Rice County; Sherburne County; Wright County; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of the Department of Public Safety; John and Jane Does, (1-300) acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other governmental agencies; Department of Public Safety Does, (1-30) acting in their individual capacity as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; Entity Does, (1-30) including cities, counties, municipalities, and other entities sited in Minnesota Defendants-Appellees Cynthya Lou Porter Plaintiff - Appellant
v.
City of Brooklyn Park; City of Caledonia; City of Goodview; City of Maplewood; Martin County; Olmsted County; City of St. Paul; Winona County; Dakota County; City of Winona; Metropolitan Airports Commission; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of the Department of Public Safety; John and Jane Does 1-600, acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other governmental agencies; Department of Public Does 1-30, acting in their individual capacity as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; Entity Does 1-50, including cities, counties, municipalities, and other entities sited in Minnesota Defendants - Appellees Laureen Cay Barghini Plaintiff - Appellant
v.
Anoka County; City of Bloomington; City of Brainerd; City of Brooklyn Park; City of Burnsville; City of Champlin; Dakota County; Dakota Communications Center; City of Edina; City of Farmington; Hennepin County; City of Hopkins; City of Minneapolis; City of Minnetonka; City of Mound; City of New Brighton; City of North St. Paul; Ramsey County; City of Robbinsdale; City of Rochester; City of St. Paul; Stearns County; City of White Bear Lake; Wright County; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of the Department of Public Safety; John and Jane Does (1-250), acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other governmental agencies; Entity Does (1-50), including cities, counties, municipalities, and other entities sited in Minnesota; Department of Public Safety Does (1-30), acting in their individual capacity as officers, supervisors, staff, employees, individual contractors or agents of the Minnesota Department of Public Safety Defendants - Appellees Timothy Wallace Sherno Plaintiff - Appellant
v.
Anoka County; City of Apple Valley; City of Arlington; City of Baudette; Beltrami County; City of Blackduck; City of Blaine; City of Bloomington; City of Brooklyn Center; City of Brooklyn Park; City of Burnsville; City of Cannon Falls; Cargo Van Go, Inc.; Cars-N-Credit, Inc.; Carver County; Cass County; City of Champlin; Chisago County; City of Cottage Grove; Crow Wing County; City of Crystal; Dakota County; City of Deephaven; City of Eden Prairie; City of Edina; Faribault County; City of Farmington; City of Foley; City of Forest Lake; City of Fridley; City of Golden Valley; Goodhue County; City of Green Isle; Grant County; City of Hastings; City of Henderson; Hennepin County; City of Hopkins; City of Inver Grove Heights; Kanabec County; Kandiyohi County; City of Lake Crystal; Lake of the Woods County; Lakes Area Police Department; City of Le Sueur; City of Mankato; McLeod County; City of Medina; Metropolitan Council; Mille Lacs County; City of Minneapolis; City of Minnetonka; City of Minnetrista; City of Mora; City of Mounds View; Minneapolis Park & Recreation Board; City of New Brighton; City of North St. Paul; City of North Mankato; City of Onamia; City of Orono; Pine County; City of Prior Lake; Ramsey County; City of Ramsey; City of Red Wing; Rice County; City of Richfield; City of Robbinsdale; City of Rochester; City of Rosemount; City of Roseville; City of Royalton; City of Savage; Scott County; City of Shakopee; City of Sherburne; Sherburne County; City of South St. Paul; City of Spring Lake Park; City of St. Anthony; City of St. Cloud; City of St. Francis; St. Louis County; City of St. Louis Park; City of St. Paul Park; City of St. Paul; City of St. Peter; City of Walnut Grove; Waseca County; Washington County; City of Waterville; City of Welcome; City of White Bear Lake; City of Woodbury; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of the Department of Public Safety; John and Jane Does (1-600), acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other governmental agencies; Department of Public Safety Does (1-30), acting in their individual capacity as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; Entity Does (1-150), including cities, counties, municipalities, and other entities sited in Minnesota Defendants - Appellees Jay Clifton Kolls Plaintiff - Appellant
v.
City of Edina; City of Minneapolis; City of Mound; City of Orono; Dakota Communications Center; Renville County; City of Rosemount; City of Savage; City of Shakopee; City of St. Paul; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of the Department of Public Safety; John and Jane Does (1-50), acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other governmental agencies; Department of Public Safety Does (1-30), acting in their individual capacity as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; Entity Does (1-50), including cities, counties, municipalities, and other entities sited in Minnesota Defendants - Appellees Alix Kendall Plaintiff - Appellant
v.
City of Albert Lea; City of Annandale; Anoka County; City of Anoka; City of Apple Valley; City of Baxter; City of Becker; City of Belle Plaine; Beltrami County; City of Biwabik; City of Blackduck; City of Blaine; City of Blooming Prairie; City of Bloomington; Blue Earth County; City of Brainerd; City of Brooklyn Center; City of Brooklyn Park; Brown County; City of Buffalo Lake; City of Burnsville; City of Cambridge; City of Cannon Falls; Carver County; Centennial Lakes Police Department; City of Champlin; City of Chaska; Chippewa County; Chisago County; City of Columbia Heights; Cook County; City of Coon Rapids; City of Corcoran; City of Cottage Grove; City of Crosby; City of Crosslake; Crow Wing County; City of Crystal; Dakota County; Dakota Communications Center; City of Deephaven; City of Duluth; City of Eagan; City of Eden Prairie; City of Edina; City of Elk River; City of Elmore; City of Fairmont; Faribault County; City of Faribault; City of Farmington; City of Forest Lake; Freeborn County; City of Fridley; City of Glencoe; City of Golden Valley; Goodhue County; City of Grand Rapids; City of Hastings; City of Henderson; Hennepin County; City of Hermantown; City of Hopkins; City of Howard Lake; Hubbard County; City of Hutchinson; City of Inver Grove Heights; Isanti County; City of Isle; City of Jordan; Kanabec County; Kandiyohi County; City of Lake City; City of Lake Crystal; City of Lakeville; City of Le Center; Le Sueur County; City of Le Sueur; City of Lino Lakes; City of Litchfield; City of Mankato; City of Maple Grove; City of Maplewood; City of Marshall; McLeod County; City of Medina; Meeker County; City of Mendota Heights; Metropolitan Council; City of Milaca; Mille Lacs County; City of Minneapolis; City of Minnetonka; City of Minnetrista; City of Moorhead; City of Mora; City of Morris; Morrison County; City of Mound; City of Mounds View; Mower County; City of New Brighton; City of New Hope; City of New Prague; City of New Ulm; City of North St. Paul; City of Northfield; City of Oak Park Heights; City of Oakdale; Olmsted County; City of Onamia; City of Orono; City of Osakis; City of Owatonna; City of Perham; Pine County; City of Plymouth; City of Princeton; City of Prior Lake; Ramsey County; City of Ramsey; City of Randall; City of Red Wing; Rice County; City of Richfield; City of Robbinsdale; City of Rochester; City of Rogers; City of Rosemount; City of Roseville; City of Royalton; City of Sartell; City of Sauk Centre; City of Savage; Scott County; City of Shakopee; Sherburne County; City of Silver Lake; South Lake Minnetonka Police Department; City of South St. Paul; City of Spring Lake Park; City of St. Anthony; City of St. Cloud; City of St. Francis; City of St. Joseph; St. Louis County; City of St. Louis Park; City of St. Paul; City of St. Paul Park; City of St. Peter; City of Staples; City of Starbuck; Stearns County; Steele County; Tri-City Police Department; Todd County; City of Tyler; City of West St. Paul; City of Wabasha; Wadena County; City of Waite Park; Waseca County; City of Waseca; Washington County; City of Waterville; Watonwan County; City of Wayzata; City of White Bear Lake; City of Willmar; City of Winona; City of Woodbury; Wright County; City of Wyoming; City of Zumbrota; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of Public Safety; Entity Does (1-30), including cities, counties, municipalities, and other entities sited in Minnesota; City of Amboy; City of Arlington; John and Jane Does (1-100), acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other governmental agencies; Department of Public Safety Does (1-30), acting in their individual capacity as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; City of Green Isle; Buffalo Automotive, Inc.; Cars-N-Credit, Inc.; Deml Ford Lincoln, Inc.; Lakes Area Police Department; Upper Midwest Organ Procurement Organization, Inc.; Sexton-Posch, LLC; City of Sherburne; City of Vernon Center; Waconia Dodge, Inc.; City of Welcome; Grant County; Benton County; Cass County; City of Isanti; Minneapolis Park & Recreation Board; City of North Branch; Redwood County; City of Sauk Rapids; City of Stillwater Defendants - Appellees Ashley Arcaro, also known as Ashley Trainer Plaintiff - Appellant
v.
City of Anoka; City of Brooklyn Park; City of Clarkfield; City of Fridley; City of Golden Valley; City of Grand Rapids; City of Jordan; City of Le Center; City of Mankato; City of Maple Grove; City of Maplewood; City of Minneapolis; City of Minnetonka; City of Mound; City of North St. Paul; City of Orono; City of Owatonna; City of Rochester; City of Rosemount; City of Roseville; City of Sartell; City of Savage; City of Shakopee; City of West St. Paul; Anoka County; Mille Lacs County; Morrison County; Scott County; Washington County; Wright County; Yellow Medicine County; John and Jane Does (1-500), acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other named law-enforcement agencies Defendants - Appellees Michelle Mary Ray Plaintiff - Appellant
v.
Anoka County; City of Big Lake; City of Bloomington; City of Brooklyn Center; City of Brooklyn Park; City of Burnsville; City of Champlin; City of Corcoran; City of Elk River; Hennepin County; City of Maple Grove; City of Minneapolis; City of Osseo; City of Ramsey; Sherburne County; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of the Department of Public Safety; John and Jane Does (1-100) acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other governmental agencies; Department of Public Safety Does (1-30) acting in their individual capacity as officers, supervisors, staff, employees, independent contractors, or agents of the Minnesota Department of Public Safety; Entity Does (1-500) including cities, counties, municipalities, and other entities sited in Minnesota Defendants - Appellees Diane Catherine Gavin Plaintiff - Appellant
v.
Anoka County; City of Apple Valley; City of Arlington; City of Bloomington; City of Brainerd; City of Brooklyn Park; Clay County; City of Cottage Grove; City of Duluth; City of Elko New Market; City of Green Isle; City of Hastings; Hennepin County; City of Madelia; City of Maplewood; Metropolitan Council; City of Minneapolis; Minneapolis Park and Recreation Board; City of Mound; City of Nisswa; Olmsted County; City of Princeton; City of Prior Lake; Ramsey County; City of Richfield; City of St. Paul; City of St. Paul Park; Washington County; City of Woodbury; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of the Department of Public Safety; John and Jane Does (1-500), acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other governmental agencies; Department of Public Safety Does (1-30), acting in their individual capacity as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; Entity Does (1-50), including cities, counties, municipalities, and other entities sited in Minnesota Defendants - Appellees Brian Potocnik Plaintiff - Appellant
v.
City of Minneapolis; City of St. Paul; John and Jane Does (1-300), acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of Minneapolis or St. Paul Defendants - Appellees Douglas Paul Delaney; Nancy Marie Delaney Plaintiffs - Appellants
v.
Beltrami County; City of Bloomington; City of Brainerd; Carlton County; Crow Wing County; City of Eden Prairie; City of Hancock Defendants - Appellees Hennepin County; Hire Right, a Delaware Corporation Defendants Kanabec County; City of Minnetonka; City of Mound; Metropolitan Airport Commission; City of Rosemount; St. Louis County; City of St. Paul; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of the Department of Public Safety; Entity Does (1-30), including cities, counties, municipalities, and other entities sited in Minnesota; Department of Public Safety Does (1-30), acting in their individual capacity as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; John and Jane Does (1-150), acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of the other governmental agencies Defendants - Appellees Nadine Babu Plaintiff - Appellant
v.
City of Becker; Benton County; City of Blaine; City of Bloomington; City of Cottage Grove; City of Eagan; City of Eden Prairie; Fillmore County; City of Hopkins; City of Lake Crystal; City of Minneapolis; City of Minnetonka; City of Moorhead; City of Orono; Sherburne County; Washington County; Michael Campion, in his individual capacity as the Commissioner of the Department of Public Safety; Ramona Dohman, in her individual capacity as the Commissioner of the Department of Public Safety; Minnesota Department of Public Safety Does (1-30), acting in their individual capacity as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; Entity Does (1-50), including cities, counties, municipalities, and other entities sited in Minnesota Defendants - Appellees James Roschen; Megan Roschen; Laura Drazkowski; Kinsey Drazkowski; David Harms; Beverly Snow; Jerry Snow; Jerry Gelao; John Adams; Donna Adams; Virginia Kautz; Julie Porcher Plaintiffs - Appellants Marlin Graves; Karen Graves Plaintiffs Debra Roschen; Steve Drazkowski; C. Merl Norman; Anna Mae Norman Plaintiffs - Appellants
v.
Wabasha County; Anoka County Defendants - Appellees Anoka County Community Corrections; Dylan Warkentin, Director, Anoka County Community Corrections, in his individual and official capacity Defendants Benton County; Blue Earth County; Blue Earth County Community Corrections; Josh Milow, Director, Blue Earth County Community Corrections, in his individual and official capacity; Chisago County; Dakota County; Dodge County; Douglas County; Faribault County; Goodhue County; Hennepin County Defendants - Appellees Hennepin County Community Corrections; Tom Merkel, Director, Hennepin County Community Corrections, in his individual and official capacity Defendants Jackson County; Lake County; Martin County; Mille Lacs County; Nicollet County; Olmsted County; Ottertail County; Ramsey County; Renville County Defendants - Appellees St. Louis County Defendant Scott County; Steele County; Washington County; Winona County; Wright County Defendants - Appellees Ramona Dohman, acting in her individual and official capacity as Commissioner of Public Safety; Lori Swanson, in her individual capacity and official capacity as Attorney General of Minnesota; Colonel Kevin Daly, in his individual capacity and official capacity as Chief of State Patrol of Minnesota; Lucinda Jesson, in her individual and official capacity as Commissioner of Minnesota Department of Human Services; Tom Roy, in his individual capacity and official capacity as Commissioner of Minnesota Department of Corrections Defendants City of Austin; City of Cannon Falls; City of Chaska; City of Cloquet; City of Duluth; City of Eagan; City of Fairmont; City of Hastings; City of Lake City; Lakes Area Police Department; City of Medina; City of Minneapolis; City of Minnetonka; City of Oakdale; City of Park Rapids; City of Plainview; City of Prior Lake; City of Red Wing; City of Richfield; City of Rochester; City of Rosemount; City of Roseville; City of Sartell; City of St. Cloud; City of Saint Paul; City of Staples; City of Stillwater; City of Wabasha; City of Waterville; City of Wells; City of White Bear Lake; City of Winona; Fond du Lac Police Department; Metro Transit Police Department Defendants - Appellees John and Jane Does (1-1000), acting in their individual capacity as supervisors, officers, deputies, staff, investigators, employees or agents of law enforcement agencies sited in Minnesota; Department of Public Safety Does (1-30), acting in their individual capacity as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; Entity Does (1-50), including cities, counties, municipalities, district courts, court services and other entities sited in Minnesota; Jeff Shorba, in his individual capacity and official capacity as State Court Administrator Defendants City of Deerwood; City of Goodview; City of Kasson; City of Kenyon; City of Mantorville Defendants - Appellees

          Submitted: December 15, 2015

          Submitted: December 16, 2015

         Appeals from United States District Court for the District of Minnesota - Minneapolisolis

          Before WOLLMAN, LOKEN, and BYE, Circuit Judges.[1]

          WOLLMAN, Circuit Judge.

         The Minnesota Department of Public Safety (DPS) maintains a database of driver's license data (DPS database). It is the alleged misuse of that database information which is the subject of these appeals.

         A number of Minnesota driver's license holders (plaintiffs) brought suit against numerous cities, counties, and other government entities (local entities); numerous unknown law enforcement or other government personnel, and supervisors, officers, deputies, staff, investigators, employees or agents of local entities or other government entities in Minnesota (collectively, Law Enforcement Does); current and former DPS Commissioners Ramona Dohman and Michael Campion (collectively, Commissioners); and various unknown officers, supervisors, staff, employees, independent contractors, and agents of DPS (collectively, DPS Does). The complaints allege that the above-described entities and individuals (defendants) violated the Driver's Privacy Protection Act (DPPA or Act), 18 U.S.C. §§ 2721-2725, by accessing or disclosing personal information from the DPS database without a permissible purpose. The district courts dismissed the actions for failure to state a claim. We affirm in part, reverse in part, and remand for further proceedings.

         I. Background

         Our opinion in McDonough v. Anoka County, 799 F.3d 931, 937-38 (8th Cir. 2015) (McDonough), cert. denied, 136 S.Ct. 2388 (2016), discussed the history, purpose, and applicability of the DPPA, and so we do not repeat that discussion here.

         The present appeals raise issues similar to those presented in McDonough and are governed by our holdings in that case, one of which is that the four-year statute of limitations set forth in 28 U.S.C. § 1658(a) begins to run when a DPPA violation occurs. McDonough, 799 F.3d at 943. We also held that each defendant's alleged conduct must be assessed independently to insure that plaintiffs had pleaded sufficient facts regarding that defendant's impermissible purpose to state a facially plausible claim to relief against it. Id. at 946. We discussed the suspicious access and timing patterns that would nudge some of the claims "'across the line from conceivable to plausible.'" Id. at 947 (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

         We assessed each defendant's alleged conduct independently to ensure that the facts pleaded regarding that defendant's impermissible purpose were sufficient to state a plausible claim against that defendant. Id. at 946.

         We held that allegations were not to be assessed in isolation, that the complaint should be read as a whole, and that time-barred claims could be considered in assessing the plausibility of timely filed claims. Id. at 946. We said that in the absence of allegations of concerted activity, "something more is needed to nudge the allegations across the line of plausibility and tie the conduct of specific Defendants to a more general inference of impermissible purpose." Id. at 947. We noted that generalized allegations merely consistent with the liability of any particular defendant are insufficient to cross the line of plausibility in the absence of allegations of concerted activity. Id.

         We analyzed the allegations for any evidence of a degree of local fame or of a relationship between the plaintiff and particular officers or agents of the local entities and whether the alleged access occurred in such a way as to correspond with a significant event that could explain the interest in the plaintiff's personal information. We also looked for any suspicious access and timing patterns, such as accesses on the same day or within a short time span through multiple unrelated agencies. Id. We viewed a pattern of late-night accesses as possibly resulting from less supervision during those hours and out of boredom, curiosity, or romantic interest.

         We held that the plaintiffs' allegations of high volumes and suspicious timing of accesses, coupled with the legislative auditor's report, which found that at least half of Minnesota's law enforcement officers were misusing personal information in the database, sufficiently rebutted the presumption of regularity usually accorded to public officers. Id. at 948.

         We concluded that the plaintiffs' complaints that merited consideration fell within one of the following categories:

1) accesses on the same day as or within a few hours of accesses by other, unrelated entities during the limitations period; 2) multiple late-night accesses during the limitations period; or 3) a history of frequent suspicious accesses fitting the above criteria, even if prior to the limitations period, coupled with accesses within the limitations period.

Id. at 950.

         We recognized the concern that the district courts had voiced about the lack of a coherent and workable way to distinguish between those claims that could be fairly said to satisfy the standard of plausibility and those that do not, and we acknowledged that making that determination might well be an arduous, time-consuming process. Id. at 948. Likewise, we acknowledge here that while the "something more" required in the absence of allegations of concerted activity may be viewed as an imprecise measure of line-drawing, it serves to distinguish intuitively from factually plausible claims.

         We affirmed the dismissal of the claims against the Commissioners and DPS Does, id. at 957, and we enter a similar ruling with respect to those defendants in these cases.

         Before turning to the individual complaints in this group of cases, we reject the requests that we expand our holding in McDonough to say that all timely pled accesses should be read as stating a plausible DPPA claim, that time-barred accesses should be addressed separately from timely raised claims, and that a showing of plausibility against a few entities should be extended to all of the entities. Such extension of McDonough's reach would in effect result in the imposition of collective rather than the individual liability contemplated by McDonough, something we decline to do.

         We clarify McDonough by holding that sequential accesses occurring within a several-minute time span should be considered as one obtainment rather than several. While these close-in-time accesses fall within the technical meaning of "obtainment" as explained in McDonough, 799 F.3d at 944, in the absence of evidence to the contrary, we will view them as constituting one continuous gaining or acquiring of the same information by the same user at the same time, rather than as separate time-punctuated accesses.

         Finally, we express our appreciation for the parties' post-McDonough supplemental briefs, which have been of assistance in our review of these cases.

         We turn, then, to the individual cases before us.

         II.

         1. Sarah Kristine Tichich's Complaint

         Tichich competed in many beauty pageants and was named Mrs. Minnesota United States in 2007. She competed in the Mrs. Minnesota America pageant in 1991, 2001, 2005, 2006, and 2011, as well as in several other pageants when she was a teenager. She alleges that although she has no history of criminal activity and has never been the subject of criminal investigation, law enforcement officers retrieved her personal information approximately 210 times between 2003 and 2013, with the retrievals taking place on all days of the week and at all times of the day and night.

         Tichich filed her complaint on January 31, 2014, with the result that all claims based upon pre-January 31, 2010, are barred by the statute of limitations. Within the limitations period, one access was requested by Maple Grove officers, one by Robbinsdale officers, two by Rice County officers, and one by an employee of the Hennepin County Sheriff's Office. Having considered these within-limitations accesses in light of the pre-limitations accesses requested by these entities, we conclude that they do not reveal the suspicious access or timing patterns necessary to render the allegations plausible.

         Tichich alleged that City of Minneapolis Police Officers accessed her private data ninety-seven times during the period from January 28, 2005, to March 27, 2012. She has not alleged that any late-night accesses by Minneapolis law enforcement officers occurred within the limitations period. Of the eleven within-limitations accesses, one user accessed Tichich's information at 8:27 p.m. on May 14, 2010, and at 8:27 p.m. on September 21, 2010. One user made four accesses within a minute of each other. The remaining accesses occurred at different times, different dates, and by different users. In a word, the accesses do not reveal a pattern that would indicate that they were unlawful or unpermitted.

         Likewise, we conclude that the within-limitations accesses that occurred in the remaining local entities are insufficient to raise Tichich's complaint against them to the level of plausibility.

         The district court's dismissal of the complaint is affirmed in its entirety.

         2. Laureen Cay Barghini Complaint

         Barghini is a radio personality who has hosted for some twelve years a show on Mytalk 107.1 entitled "Lori and Julia, " which airs in the Minneapolis/St. Paul area and is accessible statewide. She regularly interacts with celebrities through her radio show, her professional image has appeared on several promotional advertisements throughout the state, and she has been featured in several newspaper and magazine articles that described her work as a radio personality.

         Her complaint alleges that law enforcement officers retrieved her personal driver's license information more than 200 times between 2003 and 2012, with the accesses occurring on all days of the week and at all times of the day and night. She filed her complaint on January 31, 2014, which renders time-barred any pre-January 31, 2010, claims.

         Barghini's complaint alleged four late-night within-limitations accesses by the Bloomington Police Department. Two of these occurred on February 26, 2010, one on April 13, 2010, and one on July 12, 2010. These accesses are insufficient in number and pattern to satisfy the plausibility test set forth in McDonough. Likewise, the within-limitation accesses by the other local entities named in Barghini's complaint are not late-night, nor do they exhibit a pattern of frequency or timing that would give rise to a plausible claim. We thus affirm the district court's dismissal of the complaint as against all of the local entities, as well as against all other defendants.

         3. Cynthya Lou Porter

         Porter was a reporter and news editor for the Winona Post between November 2001 and August 2011, during which time she wrote many articles about the Winona community, social issues, criminal trials, disputes involving governmental agencies, departments, and officials, as well as about the judicial system and law enforcement, winning state, national, and international awards for her reporting. She interviewed a number of law enforcement officers and developed working relationships with them. She provided significant volunteer community service with several organizations, receiving an award from one of them in 2005. Her community involvement resulted in additional interactions with law enforcement officers, some of whom expressed romantic interest in her and met her socially on different occasions.

         Porter's complaint alleges that personnel from some eleven agencies, counties, and cities obtained her personal information some 500 times from 2003 to January 27, 2014, the date her complaint was filed. We thus look to see whether the post-January 27, 2010, within-limitations accesses are sufficient in number, timing, and pattern, even when viewed in conjunction with the time-barred accesses, to state a plausible claim.

         The complaint alleges that "[o]fficers employed by, licensed by, or otherwise accessing through Olmstead County [sic][2]" obtained her information on February 14, 2011, at 7:05 a.m. and 7:06 a.m., which we consider as a single access. Porter's complaint and her brief fail to state any connection or pattern regarding this sole access and any social or work connection with any Olmsted County employee.

         The complaint alleges some ten within-limitations accesses, eight of which were based upon license plate or vehicle identification number and not by name. The two other accesses occurred some five months apart during daytime hours. The sole Goodview police inquiry was by license plate number and not by name.

         The complaint alleged three within-limitations daytime accesses by Winona County personnel, one on August 5, 2010, one at 8:05 p.m. on October 17, 2011, followed by one at 8:07 p.m. the same day. The complaint alleged one late-night within-limitations access by Winona County.

         The above-described accesses cannot fairly be considered as suspicious, because they were not obtained during the same day or within a few hours of within-limitations accesses by other unrelated entities. McDonough, 799 F.3d at 950.

         We noted in McDonough the significance of personnel information that was obtained by way of a name rather than by a license-plate query. Id. at 939. Because the majority of the Winona County accesses were obtained by number, they do nothing to bolster any claim of plausibility, and thus we affirm the dismissal of the complaint against all of the local entities named in Porter's complaint.

         4. Timothy Wallace Sherno Complaint

         Sherno's complaint alleges that he is a twenty-plus-year award-winning broadcaster, anchoring the morning news at KMSP-TV in Eden Prairie, Minnesota, from 1999 through 2005, followed by working as a reporter at 5 EYEWITNESS NEWS in Minneapolis and St. Paul. He has had contact with law enforcement personnel with respect to the stories he has covered. He was the reporter who broke the story in what is referred to as the Rasmussen case, which brought to the public's attention ...


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