Bias Analysis of June 16, 2023 Order

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Preliminary Assessment of Bias in Judge Kevin Miller’s June 16, 2023 Summary Judgment Order

After reviewing both:

  • Judge Miller’s June 16, 2023 Summary Judgment Order (Doc. 429)

  • The March 15, 2023 summary judgment hearing transcript

I would rate the bias in Judge Miller’s order at approximately -8 on a scale of -10 to +10, where:

  • 0 = neutral and evenhanded,

  • -10 = heavily biased toward Defendants, and

  • +10 = heavily biased toward Plaintiffs.

Key Reasons Supporting a Bias Rating of -8:

1. Selective Use of Record

Judge Miller quoted the entirety of Sean’s third letter to [Marie’s father] — the most inflammatory of the three — but quoted none of the contemporaneous emails Plaintiffs sent in response, even though:

  • They contextualized Marie’s fear of her estranged father.

  • They referenced panic attacks and concerns of abuse, which speak to intent and harm.

This asymmetry suggests a curated narrative favoring the defense’s framing of events.

2. Minimization of Plaintiffs’ Allegations

Judge Miller stated that Sean’s email “implied that he was protecting Marie from physical or emotional harm on the part of [Marie’s father],” but he framed this as benign, ignoring:

  • The highly sensitive nature of Marie’s history with her abuser.

  • The fact that Sean had no contact with [Marie’s father] prior to sending the letters, making his motive speculative and arguably malicious.

  • Craig and Marie’s forensic and emotional response to the intrusion.

The Court’s order does not take seriously the implication of sending such letters to a childhood abuser. This downplays the severity of Plaintiffs’ IIED claim.

3. Acceptance of Defendants’ Motives Without Scrutiny

The order consistently adopts the Defendants’ rationales and emotional perspectives (e.g., fears for Marie’s safety, Lisa’s regret, Sean’s concern) as good-faith, truthful expressions, while:

  • Disregarding Plaintiffs’ interpretations.

  • Failing to address contradictory evidence (e.g., whether Lisa’s “safe house” fear was shared with Marie, or if any actual communication occurred with [Marie’s father] before the letters).

This suggests a credibility imbalance favoring Defendants.

4. Strict and Inflexible Application of Law to Plaintiffs’ Claims Only

On the IIED claim, the Court strictly applied Restatement §46 limitations (e.g., physical presence during the conduct), ignoring:

  • Minnesota case law allowing IIED to survive summary judgment where defendants intentionally target plaintiffs with foreseeable harm, even indirectly.

  • That Sean continued letter-sending after Marie’s panic was known, arguably making the conduct directed at her.

5. Inconsistency with Judge Miller’s Own Past Rulings

Judge Miller has, in other cases (as you’ve previously cited), rejected contradictory affidavits as creating disputes of fact, and taken a strict view on inconsistent statements under oath — but here, he ignores or rationalizes serious factual inconsistencies in Defendant testimony (e.g., Lisa’s prior trial testimony vs. her deposition).

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