Kvalvogs appealing dismissal of lawsuit against Minnesota State Patrol, others
FARGO (KVRR) – The parents of two Moorhead teens killed in a crash on Interstate 94 while heading to a basketball tournament in 2015 are appealing the dismissal of their civil rights lawsuit in federal court.
Fargo attorney David Chapman, who represents Ray and Kathie Kvalvog, says he has filed a notice of appeal with the Eighth Circuit Court of Appeals. Chapman says he will appeal a judge’s order in January to dismiss the case because similar issues were previously heard in state court.
In a letter to U.S. District Court Judge Eric Tostrud, Chapman wrote “The plaintiffs have received previously concealed evidence that questions the Court’s conclusion…The merits were considered with evidence concealed. The defendants keep talking and with each word, reveal more deceit. This is the tip of the iceberg.”
In 2021, the couple sued the Minnesota State Patrol, Park Christian School, former head varsity basketball coach Josh Lee, former head football coach Tim Kerr, principal Chris Nellermoe and others in federal court.
The Kvalvogs have claimed there was a conflict of interest with Park Christian School and a Minnesota State Patrol official who investigated the crash.
Zachary Kvalvog was driving his father’s pickup with his younger brother, Connor and two teammates when they crashed near Dalton, Minnesota. The brothers both died. The teammates survived.
The Minnesota State Patrol concluded that Zachary Kvalvog was trying to pass a semi when it crowded his lane causing him to swerve, overcorrect and roll. The identity of the semi driver was never determined and the semi was never located.
Ray Kvalvog said Tuesday that he’s “hoping for some kind of justice, sooner rather than later.”
