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Teffeteller v. University of Minnesota6/13/2002
mandatory dismissal with prejudice, the district court was free to consider alternative remedies. Respondents requested an opportunity to submit additional information on morphine toxicity when confronted with the question of that condition in relation to bone marrow transplants butthe district court did not consider any supplemental information before ordering dismissal with prejudice. The majority fails to consider any appropriate alternatives to procedural dismissal with prejudice despite the fact that this was clearly not a nuisance claim.
For these reasons, I would affirm the court of appeals as to respondent's claim against the University of Minnesota.
ANDERSON, Paul H., Justice (concurring in part and dissenting in part).
I join in the concurrence and dissent of Justice Gilbert.
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