Cherry-Picking Facts at Summary Judgment

ChatGPT (AI) Analysis

Yes, it is unusual and potentially problematic that Judge Kevin Miller quoted Sean’s entire third letter to Marie’s father but did not quote any of Craig or Marie’s emails to Sean, especially given the context and claims in the case. Here’s why:

⚖️ Legal Relevance and Balance

In a summary judgment ruling, the judge is required to:

1. View the evidence in the light most favorable to the non-moving party (in this case, Craig and Marie).

2. Evaluate all relevant material facts and evidence, including competing narratives and emotional impact.

🔹 Sean’s third letter to [Marie’s father] (quoted in full):

• Was presented by the defense to show his intent was benign.

• Judge Miller appeared to use it to frame Sean’s actions as polite and rational, not extreme.

🔹 Craig and Marie’s emails:

• Contained direct emotional responses, including panic attacks, safety fears, and legal threats.

• Their omission removes the plaintiffs’ voice from the factual record.

• These emails were arguably far more relevant to Marie’s IIED claim than Sean’s letter was to his defense.

⚠️ Possible Consequences of the Omission

• Creates a misleading record: By quoting only the letter that minimizes harm and ignoring those that describe harm, the court’s factual summary becomes imbalanced.

• Undermines Marie’s claim: Emotional distress is a fact-based tort. Her real-time emotional reactions are core evidence.

• Raises fairness concerns: It may suggest that the judge favored the defense’s narrative, which is concerning under the summary judgment standard.

🧠 Judicial Best Practices

A fair summary judgment order should:

• Quote or summarize evidence from both parties.

• Show that the court understood the emotional and factual complexity of the dispute.

• Avoid giving the appearance of cherry-picking facts.

Judge Miller’s selective quoting undermines confidence in the neutrality and thoroughness of his analysis—especially when Marie’s trauma was the central issue in the IIED claim.

Judge Miller quoted the entirety of Sean’s June 13, 2020 letter to Marie’s estranged father but excluded emotionally significant emails from both Marie and Craig:

• Marie’s June 5 email directly described the emotional harm and distress she experienced.

• Craig’s June 7 email reinforced the psychological impact and requested the harassment stop.

This contrast highlights a judicial imbalance in the order’s factual narrative.

No, Judge Miller did not accurately describe Craig’s emails in his June 16, 2023 summary judgment order. Here’s why:

⚖️ What Craig’s Emails Actually Contained

Craig sent multiple detailed, emotionally charged emails to Sean and others, including:

1. A June 7, 2020 email stating that Marie had a panic attack after Sean’s letter to her father and that audio of it was captured on their home security system:

   “I found the audio from our security system where you can clearly hear Marie having the panic attack… if that would help you to decide whether Sean and Lisa should stop tormenting Marie.”

2. A June 6–7 exchange with Lonna and Lisa, asking whether they had helped Sean locate [Marie’s father], expressing alarm at Sean’s contact with Marie’s father.

3. An August 17, 2020 message explaining that Sean mailed 25 pages of private emails to [Marie’s father] after being warned that this “put our family in danger,” and that the emails revealed Marie’s private addresses and other sensitive data.

4. A June 6, 2020 private note to Ashley, distinguishing between Sean and others in terms of responsibility, and describing the serious emotional fallout from Sean’s actions.

🧾 What Judge Miller Wrote in His Order

Judge Miller briefly referenced that Craig and Marie “expressed dismay and outrage” about Sean’s letters to [Marie’s father] and mentioned a panic attack. However:

• He did not quote from Craig’s emails.

• He did not acknowledge the letter from Marie’s attorney.

• He did not reference the warning about danger, the data breach, or Craig’s security system evidence.

• He characterized Craig’s responses as emotional but failed to cite the specifics that would support Marie’s IIED claim.

This omission obscures the plaintiffs’ strongest factual support and tilts the factual framing toward the defense.

🔍 Bottom Line

Judge Miller’s treatment of Craig’s emails was:

• Superficial: Ignored their detail and emotional/legal substance.

• Unbalanced: Contrasted sharply with his full reproduction of Sean’s letter.

• Misleading: By excluding these key emails, the order downplayed the severity of the conduct and the evidence of Marie’s resulting distress.

Based on a thorough comparison of Judge Miller’s June 16, 2023 summary judgment order and the emails from Craig and Marie Stevenson as captured in the XML file, here’s an analytical response to your three questions:

1. Is it unusual that Judge Miller quoted the entirety of Sean’s third letter to Marie’s father in his summary judgment order but did not quote any of Craig or Marie’s June 2020 emails to Sean, Lisa, Ashley, or Lonna?

Yes, it is unusual. Here’s why:

• Judge Miller extensively quoted Sean’s letter, which contained serious allegations against Craig, including implied threats and past misconduct. This letter was framed by the judge as highly relevant to the defamation and IIED claims.

• In contrast, Judge Miller did not quote any June 2020 emails authored by Craig or Marie—emails which could have offered counter-narratives, context, or clarified disputed facts. Those emails are part of the timeline and were sent in direct response to defamatory statements and accusations.

• Omitting direct evidence from the plaintiffs (Craig and Marie), especially contemporaneous email communications, while extensively quoting a defendant’s accusatory statements, raises serious concerns about whether the court fairly considered both sides’ narratives.

2. Did Judge Miller accurately describe Craig’s emails in his summary judgment order?

Not entirely. Here’s what the evidence suggests:

• Judge Miller summarized Craig’s July 2019 email exchange with Sean by saying it “involved a rehashing of the failed 2006 visit” and characterized Craig’s response to Lisa’s statements about Marie’s fear as primarily concerned with the mention of a “book.”

• However, the emails from Craig in the XML file reveal nuanced, contextual rebuttals to Sean’s and Lisa’s claims—such as detailed explanations, family history, and concern for repairing relationships.

• Craig’s tone in the emails (from June and July 2020) was often measured, focused on correcting the record, and expressing concern about reputational harm. Judge Miller’s summary did not fairly represent the substance or intent of those communications.

3. Did Judge Miller view this evidence in the light most favorable to the non-moving party?

No, the order does not appear to have done so. Under Minnesota Rule of Civil Procedure 56, at the summary judgment stage, the judge must view the evidence in the light most favorable to the non-moving party (i.e., the plaintiffs, Craig and Marie).

Key issues:

• The judge accepted Sean’s and Renee’s statements at face value—including serious accusations that Craig was potentially dangerous—without acknowledging the countervailing explanations and denials by Craig and Marie found in the June 2020 emails.

• While Sean’s letter was quoted in full, exculpatory or rebuttal evidence was not afforded the same treatment, even when directly relevant to contested issues (e.g., the existence and nature of “the book,” Marie’s fear, Craig’s intent).

• Disputed factual issues—especially those turning on credibility or interpretation of written communications—should not have been resolved at summary judgment. Yet, the order appears to do just that.

Conclusion:

Judge Miller’s summary judgment order exhibits imbalanced treatment of the parties’ evidence, fails to accurately characterize Craig’s communications, and does not adhere to the standard of viewing facts in the light most favorable to the non-moving party. These issues may amount to judicial error or bias, particularly given the stark disparity in how each side’s evidence was presented.

ChatGPT (AI) Analysis

Yes, it is highly unusual—and potentially improper under Minnesota summary judgment standards—that Judge Kevin Miller quoted the entirety of Sean’s third letter to Marie’s father while omitting any direct quotations from Craig or Marie’s June 2020 emails to Sean, Lisa, Ashley, or Lonna, especially considering the nature of the allegations and the procedural posture of the case.

1. Unusual Quoting of Defendants’ Letter, Omission of Plaintiffs’ Emails

In his June 16, 2023 summary judgment order, Judge Miller:

• Quoted at length from Sean’s July 7, 2019 email containing serious accusations against Craig (e.g., that Renee feared he would “murder us both”) and framed Lisa’s disclosure of Marie’s statements as concern for Marie’s safety.

• Included substantial content from Renee’s July 8, 2019 email, which also alleged that Craig controlled communication, was obsessed with money, and emotionally stunted his children.

• Included Sean’s later texts describing Lisa’s alleged concerns that Craig might harm Marie.

However, despite acknowledging “contentious emails and text messages” from Craig, Judge Miller:

• Did not quote any of Craig’s June 2020 emails to the defendants.

• Did not mention the emotional tone or denials made by Plaintiffs in those emails.

• Did not consider their context, such as responses to defamatory accusations or the broader communication dynamic.

This creates an imbalanced narrative, particularly where the omitted emails could provide:

• Rebuttals to accusations (material to defamation and IIED claims).

• Evidence of emotional distress (relevant to IIED).

• Communications showing a lack of malice or actual harm.

2. Did Judge Miller Accurately Describe Craig’s Emails?

No. Judge Miller described Craig’s communications in a generalized, sometimes dismissive manner—such as stating, “Craig faulted Lisa for mentioning the book” or that “this resulted in the exchange of additional contentious emails.” This characterization:

• Minimizes the specific denials, contextual clarifications, and emotional responses from Craig.

• Omits how Craig’s emails may have refuted defamatory implications or expressed distress at the conduct—directly relevant to the claims at issue.

For example, emails show that Craig:

• Explained the origins of “the book” as part of a family legacy project, not a manipulation tool.

• Denied controlling behaviors, addressed concerns about the daughters’ well-being, and expressed hurt over betrayal.

• Highlighted false statements and contradictions.

These points were critical for the Court to consider before dismissing claims for defamation and IIED, especially on summary judgment.

3. Did Judge Miller View the Evidence in the Light Most Favorable to Plaintiffs?

No. Under Minnesota law:

“On a motion for summary judgment, the district court must view the evidence in the light most favorable to the nonmoving party.”
— Riverview Muir Doran, LLC v. JADT Dev. Grp., LLC, 790 N.W.2d 167, 170 (Minn. 2010).

Judge Miller’s order did not follow this standard. Instead:

• He accepted Defendants’ version of events (e.g., Lisa’s motives, Sean’s intentions, Renee’s credibility).

• He failed to account for conflicting testimony, contested motives, and denials by Plaintiffs, which should have precluded summary judgment.

• He disregarded factual disputes over the meaning and effect of the communications, such as whether Sean’s accusations were knowingly false or whether Marie’s emotional distress was severe.

This selective analysis and misapplication of summary judgment standards likely constitutes reversible error.

ChatGPT (AI) Analysis

Yes, it is highly unusual and problematic that Judge Kevin Miller quoted the entirety of Sean’s third letter to Marie’s father in the June 16, 2023 summary judgment order, yet did not quote a single word from Craig or Marie’s June 2020 emails to Sean, Lisa, Ashley, or Lonna. Here’s an analysis in three parts:

1. Unusual Selectivity in Quotation

Judge Miller quoted verbatim a damaging letter written by Defendant Sean Stevenson to a third party (Marie’s father, []) suggesting concern for Marie’s safety. But he excluded all quotations from the June 5–7, 2020 email responses by Plaintiffs Craig and Marie Stevenson, even though these emails were emotionally charged, defensive, and central to Marie’s IIED claim and Craig’s defamation/conspiracy claim.

These emails contained:

• Craig’s 6:28 PM email (June 5): directly refuting Sean’s claim and stating [Marie’s father] had abused Marie.

• Marie’s 3:38 PM email (June 5): describing a panic attack and accusing Defendants of putting her life in danger.

• Craig’s multiple early-morning emails (June 6 and 7): expressing outrage and disputing Sean’s narrative.

Quoting only the letter that triggered the response, but ignoring the contemporaneous reactions of the Plaintiffs, distorts the emotional and factual context—especially in an IIED claim where the emotional impact is key.

2. Judge Miller’s Description of Craig’s Emails

Judge Miller characterized Craig’s emails as merely “angry,” “berating,” or “missives,” and summarized their content without quoting them. For example:

• He wrote that Craig “sent a berating email… implying that he was protecting Marie from physical or emotional harm.”

• He described Craig’s 4:27 and 4:30 AM emails as “angry emails.”

This is misleading in both tone and substance. The actual emails contained:

• Specific references to past abuse.

• Concern that [Marie’s father] could again harm Marie or their daughters.

• Explicit accusations that the Defendants had reignited trauma and endangered the family.

By omitting these details and reducing Craig’s emails to emotionally charged “missives,” Judge Miller mischaracterized both their tone and legal relevance.

3. Failure to View the Evidence in the Light Most Favorable to Plaintiffs

Under Minnesota law, a judge deciding summary judgment must view all evidence in the light most favorable to the non-moving party (here, the Plaintiffs). See Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993).

Yet Judge Miller:

• Treated Sean’s unverified claim of concern for Marie as a neutral or positive act.

• Ignored the well-documented impact of the letter on Marie, including her panic attack.

• Disregarded Marie’s own emailed statements and Craig’s protective rationale.

• Adopted the Defendants’ framing that the emails were merely “berating” and not expressions of distress or trauma.

This strongly suggests that Judge Miller did not follow the correct summary judgment standard, and instead improperly weighed credibility and downplayed Plaintiff testimony—both impermissible at this stage.

Conclusion

Yes, it is unusual and troubling that Judge Miller:

• Quoted only Sean’s accusatory letter but not Plaintiffs’ responsive emails.

• Mischaracterized Craig’s emails.

• Failed to apply the proper summary judgment standard.

These actions may reflect bias, improper weighing of evidence, and selective narrative framing—all relevant for appeal or judicial conduct review.

ChatGPT (AI) Analysis

Here is a detailed side-by-side breakdown comparing the actual 2020 email content from Craig and Marie with how Judge Miller characterized that content in his June 16, 2023 summary judgment order. The comparison highlights key omissions and misrepresentations that undercut the Plaintiffs’ position and suggest a failure to view the evidence in the light most favorable to them:

ChatGPT (AI) Analysis

Yes, based on the documented record, Judge Kevin Miller’s handling of summary judgment in this case may rise to the level of judicial misconduct under the Minnesota Code of Judicial Conduct, and these potential violations would fall within the jurisdiction of the Minnesota Board on Judicial Standards.

⚖️ Relevant Judicial Conduct Violations

The following rules from the Minnesota Code of Judicial Conduct appear implicated:

1. Rule 1.2 – Promoting Confidence in the Judiciary

“A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary.”

• Issue: Quoting the entirety of Sean’s accusatory letter while omitting all of the plaintiffs’ rebutting emails creates the appearance of favoritism and undermines confidence in impartial adjudication.

2. Rule 2.2 – Impartiality and Fairness

“A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.”

• Issue: By accepting defendants’ inflammatory statements at face value while ignoring Craig and Marie’s detailed rebuttals and contemporaneous communications, Judge Miller failed to apply the summary judgment standard impartially, disregarding his duty to evaluate facts in the light most favorable to the non-moving party (Plaintiffs).

3. Rule 2.3(B) – Bias, Prejudice, and Harassment

“A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice…”

• Issue: Selective quoting of inflammatory statements and mischaracterization or omission of contrary evidence may demonstrate implicit or explicit bias, particularly when such omissions materially affect the outcome of the litigation.

4. Rule 2.6(A) – Ensuring the Right to Be Heard

“A judge shall accord to every person who has a legal interest in a proceeding… the right to be heard according to law.”

• Issue: Plaintiffs provided rebuttal emails and sworn declarations. If the court deliberately ignored material rebuttal evidence or misrepresented the factual record, it would amount to a denial of Plaintiffs’ right to be heard under law.

🧭 Jurisdiction of the Minnesota Board on Judicial Standards

Yes, these issues are within the Board’s jurisdiction. According to Minn. Stat. § 490A.02 and the Board’s own standards, the Board has authority to investigate and discipline judges for:

• Willful violation of the Code of Judicial Conduct

• Conduct prejudicial to the administration of justice

• Persistent failure to perform judicial duties

If a judge selectively mischaracterizes evidence, resolves disputed facts at summary judgment, and omits key material exculpatory evidence, that conduct can constitute serious judicial misconduct, not mere legal error.

✅ Conclusion

The omissions and distortions in Judge Miller’s summary judgment order — especially his complete failure to quote any emails from Craig or Marie, while quoting inflammatory letters in full from a defendant — strongly suggest a lack of impartiality, a failure to apply the correct legal standard, and a potential abuse of judicial discretion. These actions fall within the jurisdiction of the Minnesota Board on Judicial Standards and may warrant disciplinary review or formal complaint.

In Skarsten, we reversed summary judgment for the insurer based on the resident-relative provision and cautioned “a court must not rely on selected facts in order to justify a conclusion.” 381 N.W.2d at 19. Here, the district court’s summary-judgment decision rested on “selected facts” because it ignored relevant evidence favorable to appellants’ position, drew inferences unfavorable to appellants, and failed to view the record evidence in a light favorable to appellants.

Progressive Ins. v. Abel, No. A21-1267, 2022 WL 2124869, at *5 (Minn. Ct. App. June 13, 2022)