Case: Bernini v. City of St. Paul

0:09-cv-02312 | U.S. District Court for the District of Minnesota

Filed Date: Sept. 1, 2009

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On September 1, 2009, 32 Plaintiffs filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for Minnesota, against the City of St. Paul and six police officers employed by the City of St. Paul, Ramsey County, and Minneapolis. Plaintiffs, represented by private counsel, asked for $50,000 in damages and injunctive relief, claiming Defendants violated their First Amendment right to free speech and Fourth Amendment rights by arresting them without probable cause and using excess…

On September 1, 2009, 32 Plaintiffs filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for Minnesota, against the City of St. Paul and six police officers employed by the City of St. Paul, Ramsey County, and Minneapolis. Plaintiffs, represented by private counsel, asked for $50,000 in damages and injunctive relief, claiming Defendants violated their First Amendment right to free speech and Fourth Amendment rights by arresting them without probable cause and using excessive force.

Specifically, plaintiffs allege that on September 1, 2008, the first day of the Republican National Convention (RNC), law enforcement officers trapped 200 people, including plaintiffs, in downtown St. Paul. Officers deployed chemical irritants and non-lethal ammunition against these people, herding them into a park. Officers did not give a dispersal order or allow people to leave. An officer announced that everyone was under arrest, officers handcuffed everyone they thought were protesters, and allowed everyone else to leave. Seven plaintiffs were detained and then released, and the other plaintiffs were taken into custody and released within 72 hours, all charges were eventually dismissed. Plaintiffs sued on behalf of everyone arrested in the Park and on behalf of the sub-class of people subjected to chemical irritants and concussion grenades while being herded toward the Park. Plaintiffs styled their complaint as a class action but did not seek class certification.

Plaintiffs alleged that the City of St. Paul designed and implemented a policy of isolation and containment of protesters during the RNC and authorized officers to arrest protesters without probable cause and use excessive force against protesters. Plaintiffs alleged some Defendant officers ordered the mass arrest, other defendants authorized and directed the use of excessive force against plaintiffs and others, and one defendant officer allegedly used excessive force against plaintiffs and others. Police arrested all of the plaintiffs and used force including chemical irritants and batons on some of the plaintiffs.

On September 29, 2010, the District Court (Judge Paul A. Magnuson) dismissed the claims against one officer after the parties stipulated to the dismissal. On October 28, 2010, the District Court (Judge Paul A. Magnuson) granted Defendants' motion for summary judgment. The court found that (1) defendant officers did not falsely arrest Plaintiffs because detaining everyone in the park for a short period was necessary given the behavior of the group and Defendants attempted to separate innocent individuals and only booked those they believed had engaged in illegal activity, (2) Defendants did not violate Plaintiffs' First Amendment rights because violent protest, including throwing rocks and feces, is not protected speech and Plaintiffs did not establish that police were retaliating against them for their speech, (3) even if Defendants fired smoke bombs, they did not use excessive force because the officers thought the crowd was turning into a riot, (4) the City of St. Paul was not vicariously liable for the officers' actions because the officers did not violate Plaintiffs' constitutional rights and the City's decision to clear the downtown of all civilians was constitutional. Bernini v. St. Paul, No. 09-02312, 2010 WL 4386888 at *1 (D. Minn. Oct. 28, 2010).

On January 13, 2012, the 8th Circuit Court of Appeals (Judges Steven M. Colloton, Raymond C. Clevenger, III, and William Duane Benton) affirmed summary judgment against all defendants. The court found that the police did not violate the rights of: (1) the sixteen plaintiffs present at the intersection who police arrested at the park, (2) the seven plaintiffs the police detained and then released at the park, and (3) the nine plaintiffs not present at the intersection who were arrested at the park:

  • Defendants reasonably could have concluded the group had committed crimes including third degree riot and unlawful assembly, the group was acting as a unit, and the group intended to break through the police line in order to access downtown St. Paul.

  • The officers directed the protesters to the park because they could not arrest the people at the intersection. During this walk, additional people became intermingled with the original group, some of whom were detained or arrested. The court held that the officers were entitled to qualified immunity for seizures of these people as well. The officers released 200 people, including seven plaintiffs, because the officers thought they were not part of the original group. The court held the officers did not violate the rights of the seven plaintiffs they released.

  • The police acted reasonably toward the nine remaining plaintiffs who were arrested even though the plaintiffs alleged they were not present at the intersection. The court held the police acted reasonably because the police believed these plaintiffs had been part of a unit gathered to enter downtown.
  • Furthermore, the court held the officers' use of force was reasonable because the officers believed the crowd intended to penetrate a police line and access downtown St. Paul. According to video footage, some people would not leave the roadway, so the officers' use of non-lethal munitions was reasonable. Moreover, plaintiffs did not identify any defendant who used gratuitous force. The court found that although protesters were engaged in protected speech, when protesters moved toward the police in a threatening manner and began to block traffic, their actions were no longer protected under the First Amendment.

    Finally, the Court of Appeals affirmed the grant of summary judgment against the City because Defendant East Area Commander did not have final policymaking authority. Bernini v. St. Paul, 665 F.3d 997 (8th Cir. 2012).

    Summary Authors

    Shira Gordon (3/3/2012)

    Related Cases

    Goodman v. St. Paul, District of Minnesota (2010)

    People

    For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4939664/parties/bernini-v-st-paul-city-of/


    Judge(s)

    Benton, William Duane (Missouri)

    Clevenger, Raymond Charles III (District of Columbia)

    Colloton, Steven M. (Iowa)

    Graham, Jeanne J. (Minnesota)

    Magnuson, Paul Arthur (Minnesota)

    Attorneys(s) for Plaintiff

    Kolstad, Robert J. (Minnesota)

    Shulman, David L. (Minnesota)

    Snider, R. Travis (Minnesota)

    Attorneys(s) for Defendant

    Iverson, Jon K (Minnesota)

    Tindal, Susan M. (Minnesota)

    Judge(s)

    Benton, William Duane (Missouri)

    Clevenger, Raymond Charles III (District of Columbia)

    Colloton, Steven M. (Iowa)

    Graham, Jeanne J. (Minnesota)

    Magnuson, Paul Arthur (Minnesota)

    Attorneys(s) for Plaintiff

    Kolstad, Robert J. (Minnesota)

    Shulman, David L. (Minnesota)

    Snider, R. Travis (Minnesota)

    Attorneys(s) for Defendant

    Iverson, Jon K (Minnesota)

    Tindal, Susan M. (Minnesota)

    Expert/Monitor/Master

    Hiveley, Jason M. (Minnesota)

    Documents in the Clearinghouse

    Document

    0:09-cv-02312

    10-03552

    Docket [PACER]

    Nov. 6, 2012

    Nov. 6, 2012

    Docket
    25

    0:09-cv-02312

    Second Amended Complaint

    Feb. 11, 2010

    Feb. 11, 2010

    Complaint
    48

    0:09-cv-02312

    Defendants' Memorandum in Support of Their Motion for Summary Judgment

    Sept. 20, 2010

    Sept. 20, 2010

    Pleading / Motion / Brief
    60

    0:09-cv-02312

    PLAINTIFFS’ MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

    Oct. 8, 2010

    Oct. 8, 2010

    Pleading / Motion / Brief
    65

    0:09-cv-02312

    Memorandum and Order (Granting Summary Judgment for Defendants)

    2010 WL 4386888, 2010 U.S.Dist.LEXIS 115024

    Oct. 28, 2010

    Oct. 28, 2010

    Order/Opinion

    10-03552

    Opinion (Eighth Circuit)

    Bernini v. St. Paul

    U. S. Court of Appeals for the Eighth Circuit

    665 F.3d 997

    Jan. 13, 2012

    Jan. 13, 2012

    Order/Opinion

    Resources

    Docket

    See docket on RECAP: https://www.courtlistener.com/docket/4939664/bernini-v-st-paul-city-of/

    Last updated Aug. 2, 2022, 3:09 a.m.

    ECF Number Description Date Link Date / Link
    50

    ORDER FOR DISMISSAL WITH PREJUDICE - IT IS HEREBY ORDERED that the above-entitled action against Bill Snyder is dismissed with prejudice and on its merits and without costs or disbursements to any party. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Paul A. Magnuson on September 27, 2010. (smr)

    Sept. 29, 2010

    Sept. 29, 2010

    RECAP
    1

    COMPLAINT against John Doe Nos. 1−20, St. Paul, City of ( Filing fee $ 350 receipt number 3006176.) assigned to Judge Paul A. Magnuson per Civil Rights referred to Magistrate Judge Jeanne J. Graham and filed by Kevin Hundt, Michael Larson, II, Alana Michelle Exum, David Drew, Jr, Brook Bernini, Andrew Temperante, Lambert Rochfort, Andrew Cohen, Nelson Whitmore, Mary Ogle, Adryn Hayes, Bobby Reese Hagy, Jr, Ryan Solem, Vain Mainstream, Michael Ward, II, Craig Neef, Simon Cecil, Tiana Johnson, Nick Segner, Tim Phillips, Jared Lanctot, Rachel Westlund, Zach Swift, Raphi Rechitsky, Rachel Jackson, Garth Kahl, Matthew Byrnes. (Attachments: # 1 Civil Cover Sheet) (MMP) (Entered: 09/01/2009)

    Sept. 1, 2009

    Sept. 1, 2009

    Summons Issued as to John Doe Nos. 1−20, St. Paul, City of. (MMP) (Entered: 09/01/2009)

    Sept. 1, 2009

    Sept. 1, 2009

    2

    AMENDED COMPLAINT against John Doe Nos. 1−20, St. Paul, City of, Steven Frazer, Bill Snyder, filed by Brook Bernini. (Shulman, David) (Entered: 09/18/2009)

    Sept. 18, 2009

    Sept. 18, 2009

    3

    CERTIFICATE OF SERVICE by Brook Bernini re 2 Amended Complaint Service on City (Shulman, David) (Entered: 09/18/2009)

    Sept. 18, 2009

    Sept. 18, 2009

    Amended Summons Issued as to Steven Frazer, Bill Snyder. (TSS) (Entered: 09/18/2009)

    Sept. 18, 2009

    Sept. 18, 2009

    4

    SUMMONS Returned Executed by Brook Bernini. St. Paul, City of served on 9/1/2009, answer due 9/21/2009. (Shulman, David) (Entered: 09/21/2009)

    Sept. 21, 2009

    Sept. 21, 2009

    5

    ANSWER to Complaint by John Doe Nos. 1−20, St. Paul, City of. (Attachments: # 1 Certificate of Service) (Tindal, Susan) (Entered: 09/21/2009)

    Sept. 21, 2009

    Sept. 21, 2009

    6

    ANSWER to Amended Complaint by Steven Frazer, John Doe Nos. 1−20, Bill Snyder, St. Paul, City of. (Attachments: # 1 Certificate of Service) (Tindal, Susan) (Entered: 09/28/2009)

    Sept. 28, 2009

    Sept. 28, 2009

    7

    NOTICE of Rule 16 Pretrial Conference set for December 1, 2009 @ 2:20 PM in Judge's Chambers, Suite 734 (STP) before Judge Paul A. Magnuson. (smr) (Entered: 11/06/2009)

    Nov. 6, 2009

    Nov. 6, 2009

    8

    WAIVER OF SERVICE Returned Executed filed by Brook Bernini. Steven Frazer waiver sent on 9/21/2009, answer due 11/20/2009. (Shulman, David) (Entered: 11/16/2009)

    Nov. 16, 2009

    Nov. 16, 2009

    9

    WAIVER OF SERVICE Returned Executed filed by Brook Bernini. Bill Snyder waiver sent on 9/21/2009, answer due 11/20/2009. (Shulman, David) (Entered: 11/16/2009)

    Nov. 16, 2009

    Nov. 16, 2009

    10

    WAIVER OF SERVICE Returned Executed filed by Brook Bernini. (Shulman, David) (Entered: 11/18/2009)

    Nov. 18, 2009

    Nov. 18, 2009

    11

    REPORT of Rule 26(f) Planning Meeting by all filers.(Shulman, David) Modified text on 11/20/2009 (jz). (Entered: 11/19/2009)

    Nov. 19, 2009

    Nov. 19, 2009

    ***TEXT ONLY***Minute Entry for proceedings held before Judge Paul A. Magnuson: Rule 16 Pretrial Conference held on 12/1/2009. Schedule set, order to be submitted. (smr) (Entered: 12/02/2009)

    Dec. 1, 2009

    Dec. 1, 2009

    12

    Pretrial Scheduling Order. Signed by Senior Judge Paul A. Magnuson on 12/02/2009. (LM) (Entered: 12/02/2009)

    Dec. 2, 2009

    Dec. 2, 2009

    13

    DOCUMENT FILED IN ERROR− MOTION for Protective Order by Steven Frazer, John Doe Nos. 1−20, Bill Snyder, St. Paul, City of. (Attachments: # 1 Certificate of Service)(Tindal, Susan) Modified on 1/15/2010 (jz). (Entered: 01/15/2010)

    Jan. 15, 2010

    Jan. 15, 2010

    15

    PROTECTIVE ORDER, re: Stipulation 13 for Protective Order. Signed by Magistrate Judge Jeanne J. Graham on 1/20/10. (RLR) (Entered: 01/20/2010)

    Jan. 20, 2010

    Jan. 20, 2010

    16

    MOTION to Amend/Correct 2 Amended Complaint by all Plaintiffs. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Shulman, David) Modified text and filers on 2/2/2010 (jz). (Entered: 02/01/2010)

    Feb. 1, 2010

    Feb. 1, 2010

    17

    NOTICE OF HEARING ON MOTION 16 MOTION to Amend/Correct 2 Amended Complaint : Motion Hearing set for 3/16/2010 09:30 AM in Courtroom 3B (STP) before Magistrate Judge Jeanne J. Graham. (Shulman, David) (Entered: 02/01/2010)

    Feb. 1, 2010

    Feb. 1, 2010

    18

    CERTIFICATE OF SERVICE by Brook Bernini re 16 MOTION to Amend/Correct 2 Amended Complaint, 17 Notice of Hearing on Motion. (Shulman, David) Modified text on 2/2/2010 (jz). (Entered: 02/01/2010)

    Feb. 1, 2010

    Feb. 1, 2010

    19

    STIPULATION re 2 Amended Complaint to Amend by all parties. (Attachments: # 1 Exhibit(s) A)(Shulman, David) Modified text on 2/10/2010 (jz). (Entered: 02/09/2010)

    Feb. 9, 2010

    Feb. 9, 2010

    20

    DOCUMENT FILED IN ERROR−AMENDED COMPLAINT Second against Steven Frazer, John Doe Nos. 1−20, Bill Snyder, St. Paul, City of, filed by Brook Bernini. (Shulman, David) Modified text on 2/10/2010 (jz). (Entered: 02/09/2010)

    Feb. 9, 2010

    Feb. 9, 2010

    21

    LETTER TO MAGISTRATE JUDGE by Brook Bernini. (Shulman, David) (Entered: 02/09/2010)

    Feb. 9, 2010

    Feb. 9, 2010

    22

    CERTIFICATE OF SERVICE by Brook Bernini re 19 Stipulation, 20 Amended Complaint Second. (Shulman, David) Modified text on 2/10/2010 (zj). (Entered: 02/09/2010)

    Feb. 9, 2010

    Feb. 9, 2010

    23

    ORDER re 19 Stipulation to Amend Complaint filed by Brook Bernini IS ADOPTED. Signed by Magistrate Judge Jeanne J. Graham on 02/10/2010. (LMB) (Entered: 02/10/2010)

    Feb. 10, 2010

    Feb. 10, 2010

    24

    ORDER re 16 Pursuant to the letter from plaintiffs counsel withdrawing their Motion to Amend the Amended Complaint, the motions hearing scheduled for March 16, 2010, has been STRICKEN from this Courts calendar. Signed by Magistrate Judge Jeanne J. Graham on 02/10/2010. (LMB) (Entered: 02/10/2010)

    Feb. 10, 2010

    Feb. 10, 2010

    25

    AMENDED COMPLAINT Second against Steven Frazer, John Doe Nos. 1−20, Bill Snyder, St. Paul, City of, filed by Brook Bernini. (Shulman, David) (Entered: 02/11/2010)

    Feb. 11, 2010

    Feb. 11, 2010

    26

    CERTIFICATE OF SERVICE by Brook Bernini re 25 Amended Complaint Second. (Shulman, David) Modified text on 2/12/2010 (jz). (Entered: 02/11/2010)

    Feb. 11, 2010

    Feb. 11, 2010

    Summons Issued as to Matthew Clark, Patricia Englund, Axel Henry, Joe Neuberger. (kt) (Entered: 02/16/2010)

    Feb. 16, 2010

    Feb. 16, 2010

    27

    ANSWER to Amended Complaint (Second) by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, Joe Neuberger, Bill Snyder. (Attachments: # 1 Certificate of Service) (Tindal, Susan) (Entered: 02/22/2010)

    Feb. 22, 2010

    Feb. 22, 2010

    28

    WAIVER OF SERVICE Returned Executed filed by Brook Bernini. Matthew Clark waiver sent on 2/22/2010, answer due 4/23/2010. (Shulman, David) (Entered: 04/07/2010)

    April 7, 2010

    April 7, 2010

    29

    WAIVER OF SERVICE Returned Executed filed by Brook Bernini. Patricia Englund waiver sent on 2/17/2010, answer due 4/19/2010. (Shulman, David) (Entered: 04/07/2010)

    April 7, 2010

    April 7, 2010

    30

    WAIVER OF SERVICE Returned Executed filed by Brook Bernini. Axel Henry waiver sent on 2/17/2010, answer due 4/19/2010. (Shulman, David) (Entered: 04/07/2010)

    April 7, 2010

    April 7, 2010

    31

    WAIVER OF SERVICE Returned Executed filed by Brook Bernini. Joe Neuberger waiver sent on 2/17/2010, answer due 4/19/2010. (Shulman, David) (Entered:

    April 7, 2010

    April 7, 2010

    33

    AMENDED SCHEDULING ORDER: re: Stipulation 32 to amend scheduling order. Discovery due by 9/15/2010. Motions (non−disp) due 9/15/2010. Signed by Magistrate Judge Jeanne J. Graham on 7/3/10. (RLR) (Entered: 07/13/2010)

    July 13, 2010

    July 13, 2010

    34

    JURY TRIAL NOTICE − Jury Trial set for November 1, 2010 @ 9:00 AM in Courtroom 7D (STP) before Judge Paul A. Magnuson. (see notice for deadlines)(smr) (Entered: 08/31/2010)

    Aug. 31, 2010

    Aug. 31, 2010

    35

    NOTICE OF ( Settlement Conference set for 10/14/2010 09:30 AM in Courtroom 3B (STP) before Magistrate Judge Jeanne J. Graham.) Signed by Magistrate Judge Jeanne J. Graham on 10/14/10. (RLR) (Entered: 09/01/2010)

    Sept. 1, 2010

    Sept. 1, 2010

    36

    MOTION for Summary Judgment by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, Joe Neuberger, Bill Snyder, St. Paul, City of. (Tindal, Susan) (Entered: 09/02/2010)

    Sept. 2, 2010

    Sept. 2, 2010

    37

    NOTICE OF HEARING ON MOTION 36 MOTION for Summary Judgment : Motion Hearing set for 10/21/2010 10:30 AM in Courtroom 7D (STP) before Senior Judge Paul A. Magnuson. (Attachments: # 1 Certificate of Service)(Tindal, Susan) (Entered: 09/02/2010)

    Sept. 2, 2010

    Sept. 2, 2010

    38

    AFFIDAVIT of Commander Steven Frazer in SUPPORT OF 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Attachments: # 1 Placeholder for Ex. A, # 2 Placeholder for Ex. B, # 3 Placeholder for Ex. C, # 4 Placeholder for Ex. D, # 5 Placeholder for Ex. E, # 6 Placeholder for Ex. F, # 7 Placeholder for Ex. G, # 8 Placeholder for Ex. H, # 9 Exhibit(s) I, # 10 Placeholder for Ex. J, # 11 Placeholder for Ex. K, # 12 Placeholder for Ex. L, # 13 Exhibit(s) M, # 14 Certificate of Service, # 15 Certificate of Service of conventionally filed documents)(Iverson, Jon) CONVENTIONAL EXHIBITS FILED IN CLERK'S OFFICE ON 9/20/2010 (RLR). (Entered: 09/15/2010)

    Sept. 15, 2010

    Sept. 15, 2010

    39

    AFFIDAVIT of Jason Anderson in SUPPORT OF 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Attachments: # 1 Placeholder for Ex 1, # 2 Certificate of Service, # 3 Certificate of Service for conventionally filed documents)(Iverson, Jon) CONVENTIONAL EXHIBITS FILED IN CLERK'S OFFICE ON 9/20/2010 (RLR). (Entered: 09/15/2010)

    Sept. 15, 2010

    Sept. 15, 2010

    40

    First AFFIDAVIT of Susan M. Tindal in SUPPORT OF 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Attachments: # 1 Placeholder for Ex A, # 2 Placeholder for Ex B, # 3 Certificate of Service for conventionally filed documents)(Iverson, Jon) CONVENTIONAL EXHIBITS FILED IN CLERK'S OFFICE ON 9/20/2010 (RLR). (Entered: 09/16/2010)

    Sept. 16, 2010

    Sept. 16, 2010

    41

    Second AFFIDAVIT of Susan M. Tindal in SUPPORT OF 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Attachments: # 1 Exhibit(s) C, # 2 Exhibit(s) D, # 3 Exhibit(s) E part 1, # 4 Exhibit(s) E part 2, # 5 Exhibit(s) F, # 6 Exhibit(s) G, # 7 Exhibit(s) H, # 8 Exhibit(s) I)(Iverson, Jon) (Entered: 09/16/2010)

    Sept. 16, 2010

    Sept. 16, 2010

    42

    Third AFFIDAVIT of Susan M. Tindal in SUPPORT OF 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Attachments: # 1 Exhibit(s) J, # 2 Exhibit(s) K, # 3 Exhibit(s) L, # 4 Exhibit(s) M, # 5 Exhibit(s) N, # 6 Exhibit(s) O, # 7 Exhibit(s) P, # 8 Exhibit(s) Q, # 9 Exhibit(s) R)(Iverson, Jon) (Entered: 09/16/2010)

    Sept. 16, 2010

    Sept. 16, 2010

    43

    Fourth AFFIDAVIT of Susan M. Tindal in SUPPORT OF 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Attachments: # 1 Exhibit(s) S, # 2 Exhibit(s) T, # 3 Exhibit(s) U, # 4 Exhibit(s) V, # 5 Exhibit(s) W, # 6 Exhibit(s) X, # 7 Exhibit(s) Y, # 8 Exhibit(s) Z, # 9 Exhibit(s) AA, # 10 Exhibit(s) BB, # 11 Exhibit(s) CC)(Iverson, Jon) (Entered: 09/16/2010)

    Sept. 16, 2010

    Sept. 16, 2010

    44

    Fifth AFFIDAVIT of Susan M. Tindal in SUPPORT OF 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Attachments: # 1 Exhibit(s) DD, # 2 Exhibit(s) EE, # 3 Exhibit(s) FF, # 4 Exhibit(s) GG, # 5 Exhibit(s) HH, # 6 Exhibit(s) II, # 7 Certificate of Service)(Iverson, Jon) (Entered: 09/16/2010)

    Sept. 16, 2010

    Sept. 16, 2010

    45

    AFFIDAVIT of Commander Greg Pye in SUPPORT OF 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Iverson, Jon) (Entered: 09/20/2010)

    Sept. 20, 2010

    Sept. 20, 2010

    46

    Declaration of John G. Kirkwood in Support of 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Iverson, Jon) (Entered: 09/20/2010)

    Sept. 20, 2010

    Sept. 20, 2010

    47

    Sixth AFFIDAVIT of Susan M. Tindal in SUPPORT OF 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Attachments: # 1 Exhibit(s) JJ, # 2 Exhibit(s) KK, # 3 Exhibit(s) LL, # 4 Exhibit(s) MM, # 5 Exhibit(s) NN, # 6 Exhibit(s) OO, # 7 Exhibit(s) PP, # 8 Exhibit(s) QQ, # 9 Exhibit(s) RR, # 10 Exhibit(s) SS)(Iverson, Jon) (Entered: 09/20/2010)

    Sept. 20, 2010

    Sept. 20, 2010

    48

    MEMORANDUM in Support re 36 MOTION for Summary Judgment filed by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Iverson, Jon) (Entered: 09/20/2010)

    Sept. 20, 2010

    Sept. 20, 2010

    49

    STIPULATION of Dismissal of claims against Bill Snyder by Brook Bernini, Matthew Byrnes, Simon Cecil, Matthew Clark, Andrew Cohen, David Drew, Jr, Kellan Dubbels, Kristofer Dubbels, Patricia Englund, Alana Michelle Exum, Steven Frazer, Bobby Reese Hagy, Jr, Adam Hayden, Adryn Hayes, Axel Henry, Kevin Hundt, Rachel Jackson, Tiana Johnson, Garth Kahl, Jared Lanctot, Michael Larson, Vain Mainstream, David Morse, Craig Neef, Joe Neuberger, Mary Ogle, Tim Phillips, Raphi Rechitsky, Lambert Rochfort, Nick Segner, Bill Snyder, Ryan Solem, St. Paul, City of, Zach Swift, Andrew Temperante, Michael Ward, II, Rachel Westlund, Nelson Whitmore, Bruce Wilkingson. (Tindal, Susan) (Entered: 09/21/2010)

    Sept. 21, 2010

    Sept. 21, 2010

    51

    JUDGMENT (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference Notice, # 2 Civil Notice − appeal)(jz) (Entered: 09/29/2010)

    Sept. 29, 2010

    Sept. 29, 2010

    52

    LETTER TO MAGISTRATE JUDGE by Brook Bernini et al. . (Attachments: # 1 Certificate of Service)(Snider, R) (Entered: 10/05/2010)

    Oct. 5, 2010

    Oct. 5, 2010

    53

    ORDER ON TELEPHONE APPEARANCES AT SETTLEMENT CONFERENCE re 52 Letter to Magistrate Judge filed by Brook Bernini. Signed by Magistrate Judge Jeanne J. Graham on 10/6/10. (RLR) (Entered: 10/07/2010)

    Oct. 7, 2010

    Oct. 7, 2010

    54

    AFFIDAVIT of David L. Shulman in OPPOSITION TO 36 MOTION for Summary Judgment First filed by Brook Bernini, Matthew Byrnes, Simon Cecil, Andrew Cohen, David Drew, Jr, Kellan Dubbels, Kristofer Dubbels, Alana Michelle Exum, Bobby Reese Hagy, Jr, Adam Hayden, Adryn Hayes, Kevin Hundt, Rachel Jackson, Tiana Johnson, Garth Kahl, Jared Lanctot, Michael Larson, Vain Mainstream, David Morse, Craig Neef, Mary Ogle, Tim Phillips, Raphi Rechitsky, Lambert Rochfort, Nick Segner, Ryan Solem, Zach Swift, Andrew Temperante, Michael Ward, II, Rachel Westlund, Nelson Whitmore, Bruce Wilkingson. (Attachments: # 1 Placeholder for Exhibit 1, # 2 Placeholder for Exhibit 2, # 3 Placeholder for Exhibit 3, # 4 Placeholder for Exhibit 4, # 5 Placeholder for Exhibit 5, # 6 Placeholder for Exhibit 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9)(Shulman, David) CONVENTIONAL FILING RECEIVED IN CLERK'S OFFICE ON 10/12/10. (RLR) (Entered: 10/08/2010)

    Oct. 8, 2010

    Oct. 8, 2010

    55

    AFFIDAVIT of David L. Shulman in OPPOSITION TO 36 MOTION for Summary Judgment Second filed by Brook Bernini, Matthew Byrnes, Simon Cecil, Andrew Cohen, David Drew, Jr, Kellan Dubbels, Kristofer Dubbels, Alana Michelle Exum, Bobby Reese Hagy, Jr, Adam Hayden, Adryn Hayes, Kevin Hundt, Rachel Jackson, Tiana Johnson, Garth Kahl, Jared Lanctot, Michael Larson, Vain Mainstream, David Morse, Craig Neef, Mary Ogle, Tim Phillips, Raphi Rechitsky, Lambert Rochfort, Nick Segner, Ryan Solem, Zach Swift, Andrew Temperante, Michael Ward, II, Rachel Westlund, Nelson Whitmore, Bruce Wilkingson. (Attachments: # 1 Exhibit(s) 10, # 2 Exhibit(s) 11, # 3 Exhibit(s) 12, # 4 Exhibit(s) 13, # 5 Exhibit(s) 14, # 6 Exhibit(s) 15, # 7 Exhibit(s) 16, # 8 Exhibit(s) 17, # 9 Exhibit(s) 18, # 10 Exhibit(s) 19)(Shulman, David) (Entered: 10/08/2010)

    Oct. 8, 2010

    Oct. 8, 2010

    56

    AFFIDAVIT of David L. Shulman in OPPOSITION TO 36 MOTION for Summary Judgment Third filed by Brook Bernini, Matthew Byrnes, Simon Cecil, Andrew Cohen, David Drew, Jr, Kellan Dubbels, Kristofer Dubbels, Alana Michelle Exum, Bobby Reese Hagy, Jr, Adam Hayden, Adryn Hayes, Kevin Hundt, Rachel Jackson, Tiana Johnson, Garth Kahl, Jared Lanctot, Michael Larson, Vain Mainstream, David Morse, Craig Neef, Mary Ogle, Tim Phillips, Raphi Rechitsky, Lambert Rochfort, Nick Segner, Ryan Solem, Zach Swift, Andrew Temperante, Michael Ward, II, Rachel Westlund, Nelson Whitmore, Bruce Wilkingson. (Attachments: # 1 Exhibit(s) 20, # 2 Exhibit(s) 21, # 3 Exhibit(s) 22, # 4 Exhibit(s) 23, # 5 Exhibit(s) 24, # 6 Exhibit(s) 25, # 7 Exhibit(s) 26, # 8 Exhibit(s) 27, # 9 Exhibit(s) 28, # 10 Exhibit(s) 29)(Shulman, David) (Entered: 10/08/2010)

    Oct. 8, 2010

    Oct. 8, 2010

    57

    AFFIDAVIT of David L. Shulman in OPPOSITION TO 36 MOTION for Summary Judgment Fourth filed by Brook Bernini, Matthew Byrnes, Simon Cecil, Andrew Cohen, David Drew, Jr, Kellan Dubbels, Kristofer Dubbels, Alana Michelle Exum, Bobby Reese Hagy, Jr, Adam Hayden, Adryn Hayes, Kevin Hundt, Rachel Jackson, Tiana Johnson, Garth Kahl, Jared Lanctot, Michael Larson, Vain Mainstream, David Morse, Craig Neef, Mary Ogle, Tim Phillips, Raphi Rechitsky, Lambert Rochfort, Nick Segner, Ryan Solem, Zach Swift, Andrew Temperante, Michael Ward, II, Rachel Westlund, Nelson Whitmore, Bruce Wilkingson. (Attachments: # 1 Exhibit(s) 30, # 2 Exhibit(s) 31, # 3 Exhibit(s) 32, # 4 Exhibit(s) 33, # 5 Exhibit(s) 34, # 6 Exhibit(s) 35, # 7 Exhibit(s) 36, # 8 Exhibit(s) 37, # 9 Exhibit(s) 38, # 10 Exhibit(s) 39)(Shulman, David) (Entered: 10/08/2010)

    Oct. 8, 2010

    Oct. 8, 2010

    58

    AFFIDAVIT of David L. Shulman in OPPOSITION TO 36 MOTION for Summary Judgment Fifth filed by Brook Bernini, Matthew Byrnes, Simon Cecil, Andrew Cohen, David Drew, Jr, Kellan Dubbels, Kristofer Dubbels, Alana Michelle Exum, Bobby Reese Hagy, Jr, Adam Hayden, Adryn Hayes, Kevin Hundt, Rachel Jackson, Tiana Johnson, Garth Kahl, Jared Lanctot, Michael Larson, Vain Mainstream, David Morse, Craig Neef, Mary Ogle, Tim Phillips, Raphi Rechitsky, Lambert Rochfort, Nick Segner, Ryan Solem, Zach Swift, Andrew Temperante, Michael Ward, II, Rachel Westlund, Nelson Whitmore, Bruce Wilkingson. (Attachments: # 1 Exhibit(s) 40, # 2 Exhibit(s) 41, # 3 Exhibit(s) 42, # 4 Exhibit(s) 43, # 5 Exhibit(s) 44, # 6 Exhibit(s) 45, # 7 Exhibit(s) 46, # 8 Exhibit(s) 47, # 9 Exhibit(s) 48, # 10 Exhibit(s) 49)(Shulman, David) (Entered: 10/08/2010)

    Oct. 8, 2010

    Oct. 8, 2010

    59

    AFFIDAVIT of David L. Shulman in OPPOSITION TO 36 MOTION for Summary Judgment Sixth filed by Brook Bernini, Matthew Byrnes, Simon Cecil, Andrew Cohen, David Drew, Jr, Kellan Dubbels, Kristofer Dubbels, Alana Michelle Exum, Bobby Reese Hagy, Jr, Adam Hayden, Adryn Hayes, Kevin Hundt, Rachel Jackson, Tiana Johnson, Garth Kahl, Jared Lanctot, Michael Larson, Vain Mainstream, David Morse, Craig Neef, Mary Ogle, Tim Phillips, Raphi Rechitsky, Lambert Rochfort, Nick Segner, Ryan Solem, Zach Swift, Andrew Temperante, Michael Ward, II, Rachel Westlund, Nelson Whitmore, Bruce Wilkingson. (Attachments: # 1 Exhibit(s) 50, # 2 Exhibit(s) 51, # 3 Exhibit(s) 52, # 4 Exhibit(s) 53, # 5 Exhibit(s) 54, # 6 Exhibit(s) 55, # 7 Exhibit(s) 56, # 8 Exhibit(s) 57, # 9 Exhibit(s) 58, # 10 Exhibit(s) 59)(Shulman, David) (Entered: 10/08/2010)

    Oct. 8, 2010

    Oct. 8, 2010

    61

    CERTIFICATE OF SERVICE by Brook Bernini re 55 Affidavit in Opposition to Motion, 54 Affidavit in Opposition to Motion, 60 Memorandum in Opposition to Motion, 57 Affidavit in Opposition to Motion, 59 Affidavit in Opposition to Motion, 58 Affidavit in Opposition to Motion, 56 Affidavit in Opposition to Motion. (Shulman, David) Modified text on 10/12/2010 (jz). (Entered: 10/08/2010)

    Oct. 8, 2010

    Oct. 8, 2010

    62

    LETTER TO MAGISTRATE JUDGE by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, Joe Neuberger, St. Paul, City of. (Attachments: # 1 Certificate of Service)(Tindal, Susan) (Entered: 10/12/2010)

    Oct. 12, 2010

    Oct. 12, 2010

    ***TEXT ONLY***NOTICE − The Defendants' Motion for Summary Judgment scheduled to be heard on October 21, 2010 at 10:30 am has been rescheduled to a different time slot. The hearing will commence at 11:30 am on October 21, 2010. (smr) (Entered: 10/13/2010)

    Oct. 13, 2010

    Oct. 13, 2010

    63

    ORDER on defendant officers' telephone appearances at settlement conference. Signed by Magistrate Judge Jeanne J. Graham on 10/13/10. (RLR) (Entered: 10/13/2010)

    Oct. 13, 2010

    Oct. 13, 2010

    64

    Minute Entry for proceedings held before Magistrate Judge Jeanne J. Graham: Settlement Conference held on 10/14/2010. No settlement reached. (RLR) (Entered: 10/15/2010)

    Oct. 14, 2010

    Oct. 14, 2010

    ***TEXT ONLY***Minute Entry for proceedings held before Senior Judge Paul A. Magnuson: Motion Hearing held on 10/21/2010 re 36 MOTION for Summary Judgment filed by Patricia Englund, Axel Henry, St. Paul, City of, Joe Neuberger, Matthew Clark, Steven Frazer, Bill Snyder, argued. Motion to Dismiss Granted. This matter is dismissed in its entirety. Order to follow. (Court Reporter Ron Moen) (smr) (Entered: 10/21/2010)

    Oct. 21, 2010

    Oct. 21, 2010

    66

    JUDGMENT (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference Notice, # 2 Civil Notice − appeal)(jz) (Entered: 10/28/2010)

    Oct. 28, 2010

    Oct. 28, 2010

    67

    NOTICE OF APPEAL TO 8TH CIRCUIT as to 66 Clerk's Judgment, 65 Order on Motion for Summary Judgment, by Brook Bernini. (Attachments: # 1 COA − Form A, # 2 COA − Form B)(Shulman, David) (Entered: 11/11/2010)

    Nov. 11, 2010

    Nov. 11, 2010

    68

    CERTIFICATE OF SERVICE by Brook Bernini re 67 Notice of Appeal to 8th Circuit (Shulman, David) (Entered: 11/11/2010)

    Nov. 11, 2010

    Nov. 11, 2010

    69

    TRANSCRIPT REQUEST by Brook Bernini for proceedings held on 10/21/10 before Judge Magnuson, (Shulman, David) (Entered: 11/15/2010)

    Nov. 15, 2010

    Nov. 15, 2010

    70

    CERTIFICATE OF SERVICE by Brook Bernini re 69 Appeal Transcript Request (Shulman, David) (Entered: 11/15/2010)

    Nov. 15, 2010

    Nov. 15, 2010

    71

    TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 67 . (Attachments: # 1 Notice of Appeal, # 2 COA − Form A)(jz) (Entered: 11/15/2010)

    Nov. 15, 2010

    Nov. 15, 2010

    72

    USCA Appeal Fees received $ 455 receipt number 3007736 re 67 Notice of Appeal to 8th Circuit filed by Brook Bernini. (jz) (Entered: 11/15/2010)

    Nov. 15, 2010

    Nov. 15, 2010

    73

    BILL OF COSTS by Matthew Clark, Patricia Englund, Steven Frazer, Axel Henry, John Doe Nos. 1−20, Joe Neuberger, Bill Snyder, St. Paul, City of. (Tindal, Susan) (Entered: 11/18/2010)

    Nov. 18, 2010

    Nov. 18, 2010

    74

    AFFIDAVIT in Support re 73 Bill of Costs. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Certificate of Service)(Tindal, Susan) (Entered: 11/18/2010)

    Nov. 18, 2010

    Nov. 18, 2010

    75

    USCA Case Number 10−3552 for 67 Notice of Appeal to 8th Circuit filed by Brook Bernini. (akl) (Entered: 11/24/2010)

    Nov. 22, 2010

    Nov. 22, 2010

    76

    OBJECTION to Bill of Costs re 73 Bill of Costs by Brook Bernini. (Shulman, David) (Entered: 11/30/2010)

    Nov. 30, 2010

    Nov. 30, 2010

    77

    CERTIFICATE OF SERVICE by Brook Bernini re 76 Objection to Bill of Costs (Shulman, David) (Entered: 11/30/2010)

    Nov. 30, 2010

    Nov. 30, 2010

    78

    NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (RJM) (Entered: 11/30/2010)

    Nov. 30, 2010

    Nov. 30, 2010

    79

    TRANSCRIPT of Motions Hearing held on 10/21/2010 before Senior Judge Paul A. Magnuson. (21 pages). Court Reporter: Ron Moen (E−mail: Ron_Moen@mnd.uscourts.gov. Telephone: (651) 848−1222). Redaction Request due 12/21/2010. Redacted Transcript Deadline set for 12/31/2010. Release of Transcript Restriction set for 2/28/2011. For information on redaction procedures, please review Local Rule 5.5. (RJM) (Entered: 11/30/2010)

    Nov. 30, 2010

    Nov. 30, 2010

    80

    COST JUDGMENT in favor of St. Paul, City of, Axel Henry, Joe Neuberger, Matthew Clark, Patricia Englund, Steven Frazer against Adam Hayden, Adryn Hayes, Alana Michelle Exum, Andrew Cohen, Andrew Temperante, Bobby Reese Hagy, Jr, Brook Bernini, Bruce Wilkingson, Craig Neef, David Drew, Jr, David Morse, Garth Kahl, Jared Lanctot, Kellan Dubbels, Kevin Hundt, Kristofer Dubbels, Lambert Rochfort, Mary Ogle, Matthew Byrnes, Michael Larson, Michael Ward, II, Nelson Whitmore, Nick Segner, Rachel Jackson, Rachel Westlund, Raphi Rechitsky, Ryan Solem, Simon Cecil, Tiana Johnson, Tim Phillips, Vain Mainstream, Zach Swift (Attachments: # 1 Taxation of Costs Summary)(TP) (Entered: 12/23/2010)

    Dec. 23, 2010

    Dec. 23, 2010

    81

    Appeal Remark re 67 Notice of Appeal to 8th Circuit : Sent a copy of Transcript 79 to Court of Appeals. (RLR) (Entered: 01/14/2011)

    Jan. 14, 2011

    Jan. 14, 2011

    82

    Appeal Remark: Appeal Record Received. Transcript: Vol 1: 1/21/10 Motion Hearing.(MMP) (Entered: 01/19/2011)

    Jan. 19, 2011

    Jan. 19, 2011

    83

    Appeal Remark: Appeal Record re: Other: DVD for Doc No. 38 and Doc. No 54 received by USCA(MMP) (QC'd by lmb on 6/30/2011). (Entered: 06/08/2011)

    June 8, 2011

    June 8, 2011

    84

    Opinion of USCA before Judges Colloton, Clevenger, and Benton as to 67 Notice of Appeal to 8th Circuit filed by Brook Bernini: The judgment of the district court is affirmed. (Attachments: # 1 Cover Letter)(jam) (Entered: 01/17/2012)

    Jan. 13, 2012

    Jan. 13, 2012

    85

    USCA JUDGMENT as to 67 Notice of Appeal to 8th Circuit filed by Brook Bernini: it is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. (received electronically from COA) (jam) (Entered: 01/17/2012)

    Jan. 13, 2012

    Jan. 13, 2012

    86

    ORDER of USCA as to 67 Notice of Appeal to 8th Circuit filed by Brook Bernini. (received electronically from COA) (jam) (Entered: 02/17/2012)

    Feb. 15, 2012

    Feb. 15, 2012

    87

    ORDER of USCA as to 67 Notice of Appeal to 8th Circuit: The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. Judge Murphy and Judge Bye would grant the petition for rehearing en banc. (received electronically from COA) (akl) (Entered: 03/09/2012)

    March 8, 2012

    March 8, 2012

    88

    MANDATE of USCA as to 67 Notice of Appeal to 8th Circuit filed by Brook Bernini : the formal mandate is hereby issued in the above−styled matter. (received electronically from COA) (jam) (Entered: 03/19/2012)

    March 16, 2012

    March 16, 2012

    90

    NOTICE OF : The petition for a writ of certiorari in the above entitled case was filed on June 6, 2012 and placed on the docket June 8, 2012 as No. 11−1490. (Attachments: # 1 Cover Letter)(jam) (Entered: 06/26/2012)

    June 22, 2012

    June 22, 2012

    91

    NOTICE from the Supreme Court of the United States: The Court today entered the following order in the above−entitled case: The petition for a writ of certiorari is denied. (Attachments: # 1 Cover Letter)(akl) (Entered: 11/07/2012)

    Nov. 6, 2012

    Nov. 6, 2012

    65

    MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that: 1. The 36 Motion for Summary Judgment is GRANTED; 2. The Second Amended Complaint (25) is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Paul A. Magnuson on October 28, 2010. (smr)

    Oct. 28, 2010

    Oct. 28, 2010

    RECAP

    Case Details

    State / Territory: Minnesota

    Case Type(s):

    Policing

    Key Dates

    Filing Date: Sept. 1, 2009

    Closing Date: 2012

    Case Ongoing: No

    Plaintiffs

    Plaintiff Description:

    Protesters at Repupublican 2008 National Convention in St. Paul.

    Plaintiff Type(s):

    Private Plaintiff

    Public Interest Lawyer: No

    Filed Pro Se: No

    Class Action Sought: Yes

    Class Action Outcome: Denied

    Defendants

    City of St. Paul, Minnesota, City

    Defendant Type(s):

    Law-enforcement

    Case Details

    Causes of Action:

    42 U.S.C. § 1983

    Constitutional Clause(s):

    Unreasonable search and seizure

    Freedom of speech/association

    Availably Documents:

    Trial Court Docket

    Complaint (any)

    Any published opinion

    Outcome

    Prevailing Party: Defendant

    Nature of Relief:

    None

    Source of Relief:

    None

    Issues

    General:

    Restraints : chemical