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A years-long lawsuit filed against Chisago County by a former family member of  disgraced sheriff Rick Duncan has been settled.  The County Board accepted an offer last week dropping all claims against the county in exchange for $7.5 million.  The county commissioners were advised to not make any statements on the case.

Attorney for the county, Stephanie Angolkar, told the Press the Minnesota Counties Insurance Trust negotiated to pay the plaintiff to avoid prolonged court involvement, avoid a potentially larger jury verdict and eliminate the uncertainty of an expected appeal at the Eighth Circuit.

Angolkar stated, “While the county strongly disagreed with the United States District Court’s decision holding it responsible for Richard Duncan’s disgusting conduct...Chisago County did not indemnify or defend Richard Duncan in the litigation.”

The county was notified of this civil lawsuit in 2023. 

The settlement was discussed in a handful of closed sessions and then acted on in an open meeting last week. Action was not unanimous.  Commissioner Ben Montzka stated he has had prior professional association with Iverson Law, which was utilized in the lawsuit by plaintiff Darcey Duncan, and to avoid any conflict he abstained from voting on the settlement. 

The rest of the Commissioners voted to accept the settlement with Jim Swenson participating remotely.

Duncan was elected as Chisago County Sheriff in 2010.  He submitted his notice of retirement in May 2018 after a sheriff office employee suffered from his abusive behavior and resigned her job. A criminal prosecution followed and he was convicted of stalking and misconduct by a public official.

In 2022, a new criminal complaint filed by Darcey Duncan, who was Rick Duncan’s sister-in-law, was investigated by Wyoming City Police and the prosecution was handled in Crow Wing County. The gross misdemeanor level criminal sexual behavior had occurred in spring and summer of 2017, before the county employee circumstances.

The civil suit settled by the County Board action sought monetary compensation, alleging Duncan, now 61,  was acting within his official capacity as sheriff.  As a policymaker for the County, he had used his uniform and vehicle, therefore attaching liability to the county.  The lawsuit complaint declared that as sheriff, he violated her Constitutional rights as he could “fabricate evidence so he could sexually assault and otherwise victimize her.”  She had no one in law enforcement to turn him into or who could get in his way.

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