anoel@gaskinsbennett.com
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J.D., Hamline University School of Law, magna cum laude, 2002
Dean’s Honor Roll
B.A., University of Wisconsin, 1997
Major: Sociology

Event-Badge---Andrew-J.-NoelAndy graduated from Hamline University School of Law in 2002 and joined the firm that same year. His practice is concentrated in the areas of plaintiff’s civil rights and personal injury litigation. Andy also has experience in other areas of litigation, including commercial and products liability. Andy has first-chair trial and arbitration experience. He was also part of a trial team that obtained a verdict in excess of $2 million in a federal civil rights lawsuit. Through G|B|B|S’s police misconduct practice, Andy has gained substantial experience litigating and trying cases in federal court.

Results

Baker v. City of St. Paul, et al.
U. S. District Court, District of Minnesota (2017)
Total Settlement: $2 million

On June 25, 2016, Frank Baker was viciously attacked by Paul Police officer Ficcadenti’s police K9 and kicked three times in the ribs by officer Palkowitsch, while he was trying to comply with the officers’ orders.  Baker sustained serious injuries and spent 14 days in the hospital as a result.  He underwent skin grafts and other surgical procedures on his leg that was ripped apart by the K9.  He also suffered broken ribs and collapsed lungs as a result of the kicks.

Kucera v. Jespersen, et al.
U.S. District Court, District of Minnesota (2014)
Total Settlement $2 million

Federal civil rights wrongful death action regarding the suicide of Kathryn Marie Schneider, a 28-year-old mother, who hanged herself at the Koochiching County Jail.

Sieff v. City of Chaska, et al.
U.S. District Court, District of Minnesota (2017)
Total Settlement $1.75 million

On February 7, 2014 Dawn Marie Pfister was shot and killed by Brady Juell of the Chaska Police Department after obtaining a small folding knife with a 3 ¼ inch blade from Matthew Serbus who had held her hostage and menaced her with the same knife.  While other officers shot at Serbus to save Pfister, Juell himself shot Pfister four times while she was surrounded by 11 armed officers and was partially on the ground.  The video evidence of the incident showed Pfister did not advance or attack any officer with the knife.  

Baxter-Knutson v. Stearns County & MEnD Correctional Care, et al.
U.S. District Court, District of Minnesota (2016)
Total Settlement $1.45 million

Federal civil rights action brought on behalf of the next of kin of Kyle Allan Baxter-Jensen, who committed suicide at the Stearns County Jail in December of 2010.  Kyle was a mentally ill man who was incarcerated at the Stearns County Jail for driving while intoxicated on November 13, 2010.  The following day, Kyle attempted suicide using a disassembled razor to slit his throat and both of his wrists.  He was found alive by jail personnel and was taken to St. Cloud Hospital for treatment of his physical injuries.  Kyle was returned to Stearns County Jail the same day.  Upon his return and over the next few weeks, Kyle was clearly a significant suicide risk.  He exhibited many red flags confirming he suffered from a significant and pervasive mental illness, in addition to the obvious and numerous staples, sutures and bandages over his recent self-inflicted wounds.  Nonetheless, Kyle did not receive the mental health treatment he required.  Instead, he was prematurely moved to general housing where access to razors could not be effectively prohibited.  Kyle obtained a razor on December 4, 2010 and used it to commit suicide by again slitting his own throat.  MEnD Correctional Care and Defendant Todd Leonard, MD held the contract with Stearns County to provide medical and mental health care to inmates.  The MEnD Defendants voluntarily paid $850,000 to settle this action and Stearns County paid $600,000.

Karim El-Ghazzawy v. Berthiaume et al.

U.S. District Court, District of Minnesota, 708 F. Supp. 2d 874
Eight Circuit Court of Appeals, 636 F.3d 452 (2011)
Total Settlement: $325,000+

Represented a local attorney against a Bloomington police officer, Pawn America, and a Pawn America employee for unlawful arrest and defamation. The District Court for the District of Minnesota (Kyle, J.) denied all defendants’ motions for summary judgment. The denial was preceded by the Court granting El-Ghazzawy’s motion to amend his complaint to seek punitive damages against the employee and vicariously the pawnshop on the defamation count. El-Ghazzawy and the pawnshop subsequently reached a confidential settlement. The defendant officer appealed, and the Eighth Circuit affirmed the denial of qualified immunity. Following the denial, a settlement was reached with the defendant officer in the amount of $325,000. This case was selected by Minnesota Law & Politics as a 2009 “Lawsuit of the Year.”

Kelly V. Dakota County
(2011) U.S. District Court, District of Minnesota
Total Settlement: $315, 000

Dakota County Sheriff’s Deputy slammed Kelly into a wall, causing her to suffer a concussion, abrasions to her face, and a broken leg.

Robinson et al. v. Ramsey County et al.
U.S. District Court, District of Minnesota (2010)
Total Settlement: $15+ million

Achieved landmark success in a class action on behalf of inmates, who contracted TB while at the Ramsey County Correctional Facility. One of the most successful prosecutions of a TB outbreak against a correctional facility in United States history.

Goblirsch v. City of Lakeville
U.S. District Court, District of Minnesota (2009)
Total Settlement: $675,000

On December 26, 2006, a Lakeville police officer deployed his TASER on plaintiff as plaintiff stood on his garage roof. Officers arrived at plaintiff’s house after a domestic assault. When officers arrived, plaintiff was intoxicated and refused to comply with orders to come off the roof. Plaintiff was barefoot and coatless and the officers at the scene acknowledged that the roof was pitched and icy. After being at the scene for less than eight minutes, plaintiff was tased causing plaintiff to fall off the roof. Plaintiff landed head first on the windshield of his vehicle and suffered a traumatic brain injury with loss of taste and smell.

Taylor v. Minneapolis Golf Club
Hennepin County District Court, Minnesota (2008)
Total Settlement: $8+ Million

Robert Bennett and Andrew Noel represented the parents of Abigail Taylor in a wrongful death lawsuit arising out of severe injuries Abigail sustained while in the kiddie pool at the Minneapolis Golf Club on June 29, 2007. This historic result included both monetary and non-monetary components. The primary defendant, Minneapolis Golf Club, paid $8,000,000 and admitted that it was one of the parties responsible for Abigail’s death. The club was also required to fire the two managers most responsible for this tragedy. The other defendant, Sta-Rite Industries, paid a confidential settlement amount to the Taylors.

Arcand v. Vietmeier
Washington County District Court, Minnesota (2008)
Total Settlement: $30,000

Dog bite case where plaintiff sustained laceration and puncture wounds on arm resulting $2,000 in medical bills and a fingernail-size scar on arm.

Ngo v. Storlie
U.S. District Court, District of Minnesota (2007)
Total Settlement: $4.5 Million

Civil rights/police misconduct case where plaintiff (a plain-clothes officer) was shot by a fellow police officer after being shot in his bullet-proof vest by an unknown assailant. Plaintiff underwent over 25 surgeries for injuries inflicted by his fellow officer.

Meir v. McCormick
U.S. District Court, District of Minnesota (2007)
Total Settlement: $364,308.09

Five Day jury trial involving allegation of excessive force against the police chief for Chatfield, Minnesota. Plaintiff prevailed on his excessive force claim resulting in a total judgment (compensatory damages, punitive damages and attorneys’ fees and costs) of $364,308.09.

Town v. Thelen
U.S. District Court, District of Minnesota (2007)
Total Settlement: $365,000

Plaintiff was a stroke victim with limited comprehension and very diminished speech capabilities. He was stopped for speeding and through a series of missteps by Waite Park Police Officers, ended up with a broken rib and a collapsed lung.

PROFESIONAL RECOGNITION

“Rising Star,” Minnesota Law & Politics, 2005 – 2015

“Attorney of the Year,”  Minnesota Lawyer, 2014

Court Admissions

Minnesota
U.S. District Court, District of Minnesota
U.S. Court of Appeals, Eighth Circuit

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