North Dakota Supreme Court
City of Fairgo, Plaintiff and Appellant v. William Noble Thompson, Defendant and Appellee. City of Fargo, Plaintiff…
August 24, 1994520 N.W.2d 578
Summary
The court affirmed dismissal of the charges against Thompson and Bommersbach because competent evidence supported findings that their unlawful detention actually prejudiced their ability to present a defense. It reversed dismissal of the charges against Dornheim and Franek because their claimed lost opportunities were unsupported, speculative, or not causally linked to the detention. The court applied a deferential factual-review standard rather than reviewing the prejudice findings de novo.