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Case: Garcia v. Metro Gang Strike Force

0:09-cv-01996 | U.S. District Court for the District of Minnesota

Filed Date: July 20, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 20, 2009, individuals who claimed to be victims of unlawful force and violence at the hands of the Metro Gang Strike Force filed this class action lawsuit in the U.S. District Court for the District of Minnesota against the Strike Force and other law enforcement agencies and police officers in the Minneapolis area. The lawsuit was brought under 42 U.S.C. § 1983, 42 U.S.C. § 1981, 42 U.S.C. § 1985, and Minnesota state law. The plaintiffs, represented by private counsel, sought injunctive…

On July 20, 2009, individuals who claimed to be victims of unlawful force and violence at the hands of the Metro Gang Strike Force filed this class action lawsuit in the U.S. District Court for the District of Minnesota against the Strike Force and other law enforcement agencies and police officers in the Minneapolis area. The lawsuit was brought under 42 U.S.C. § 1983, 42 U.S.C. § 1981, 42 U.S.C. § 1985, and Minnesota state law. The plaintiffs, represented by private counsel, sought injunctive relief and punitive damages.

The plaintiffs were individuals who had allegedly been subjected to excessive force during raids conducted by the now-defunct Strike Force, a task force made up of police from the Twin Cities and surrounding communities to prevent gang activity. Many of the plaintiffs had property, including vehicles, cash, and televisions, confiscated by the Strike Force. Some of the plaintiffs were also physically injured by Strike Force officers during these raids. Allegedly, the Strike Force ransacked the plaintiffs’ homes and did not provide a receipt or inventory for the property that was taken. The plaintiffs stated that the Strike Force targeted undocumented individuals because the Strike Force knew these people were especially vulnerable.

Multiple status conferences in 2009 and 2010 were followed by a settlement; a judicially-enforced settlement agreement was eventually entered on November 4, 2010 and Judge Joan Ericksen signed off on the settlement on December 16, 2010. The defendants agreed to create a $3 million settlement fund to pay for approved claims, special master fees, law enforcement training and education, and other administrative costs. Additionally, the defendants paid plaintiffs’ attorneys’ fees and the settlement agreement outlined the procedure for plaintiffs to claim monetary relief, including getting approval from Judge Ericksen.

The Settlement also provided for training to be developed and implemented, with the participation of a plaintiffs' representative, covering civil rights; community based policing; constitutional use of drug-courier profiles by law enforcement agencies; courtroom testimony and procedure; forfeitures; investigative report writing; pretextual stops; property handling procedures; racial and ethnic sensitivity; and search and seizure.

In accordance with the settlement agreement, payments for attorneys’ fees were dispensed throughout 2011 and 2012. The special master awarded payouts to the victims from the settlement fund in 2012. The lawsuit and its settlement concluded on September 4, 2012 once Judge Ericksen authorized payment to all claimants that received awards.

Since the settlement concluded in September 2012, settlement funds have been continuously released in order to pay minor class members and cover their attorneys’ fees.

Summary Authors

Amelia Huckins (2/12/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4954393/parties/garcia-v-metro-gang-strike-force/


Judge(s)

Boylan, Arthur J. (Minnesota)

Ericksen [Lancaster], Joan N. (Minnesota)

Attorneys(s) for Plaintiff

Alvarez, Alex [Alejandro] (Florida)

Cialkowski, David M. (Minnesota)

Fishman, Phillip (Minnesota)

Gordon Rudd Jr., J (Minnesota)

Hopper, Robert (Minnesota)

Johnston, Jason (Minnesota)

Peterson, Elizabeth (Minnesota)

Schweich, Leonard (Minnesota)

Judge(s)

Boylan, Arthur J. (Minnesota)

Ericksen [Lancaster], Joan N. (Minnesota)

Attorneys(s) for Plaintiff

Alvarez, Alex [Alejandro] (Florida)

Cialkowski, David M. (Minnesota)

Fishman, Phillip (Minnesota)

Gordon Rudd Jr., J (Minnesota)

Hopper, Robert (Minnesota)

Johnston, Jason (Minnesota)

Peterson, Elizabeth (Minnesota)

Schweich, Leonard (Minnesota)

Zimmerman, Charles S. (Minnesota)

Attorneys(s) for Defendant

Flynn, Joseph (Minnesota)

Greene, William L. (Minnesota)

Momoh, Adine (Minnesota)

Expert/Monitor/Master

Gehan, Mark (Minnesota)

Documents in the Clearinghouse

Document

0:09-cv-01996

Docket [PACER]

Nov. 18, 2016

Nov. 18, 2016

Docket
1

0:09-cv-01996

Class Action Complaint for Damages and Injunctive Relief

July 30, 2009

July 30, 2009

Complaint
2

0:09-cv-01996

Amended Complaint for Damages and Injunctive Relief

Sept. 23, 2009

Sept. 23, 2009

Complaint
66-7

0:09-cv-01996

Settlement Agreement

Nov. 4, 2010

Nov. 4, 2010

Settlement Agreement
78

0:09-cv-01996

Order for Class Counsel's Attorneys' Fees and Reimbursement of Litigation Expenses

Dec. 16, 2010

Dec. 16, 2010

Order/Opinion
77

0:09-cv-01996

Settlement Order and Final Judgment

Dec. 16, 2010

Dec. 16, 2010

Order/Opinion
80

0:09-cv-01996

Order

March 30, 2011

March 30, 2011

Order/Opinion
471

0:09-cv-01996

Corrected Order Determining Appeals from the Determinations of the Special Master

Sept. 4, 2012

Sept. 4, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4954393/garcia-v-metro-gang-strike-force/

Last updated Aug. 29, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
77

SETTLEMENT ORDER AND FINAL JUDGMENT(Written Opinion). Signed by Judge Joan N. Ericksen on December 16, 2010. (slf)

Dec. 16, 2010

Dec. 16, 2010

RECAP
80

ORDER (Written Opinion). Signed by Judge Joan N. Ericksen on March 30, 2011. (slf)

March 30, 2011

March 30, 2011

RECAP
470

ORDER Determining Appeals from the Determinations of the Special Master(Written Opinion). Signed by Judge Joan N. Ericksen on 9/4/12. (Attachments: # 1 Addendum to Order of 9/4/2012)(CBC)

Sept. 4, 2012

Sept. 4, 2012

RECAP
471

CORRECTED ORDER: This order corrects typographical errors contained in docket entry 470 (Written Opinion). Signed by Judge Joan N. Ericksen on 9/4/2012. (Attachments: # 1 Attachment to Corrected Order)(CBC)

Sept. 5, 2012

Sept. 5, 2012

RECAP
580

Order

June 6, 2018

June 6, 2018

PACER
584

Order/Notice to Attorney

Aug. 23, 2018

Aug. 23, 2018

RECAP
587

Order in Response to Letter/Request/E-mail

Sept. 10, 2018

Sept. 10, 2018

PACER
590

Order/Notice to Attorney

Oct. 1, 2018

Oct. 1, 2018

PACER
593

Order in Response to Letter/Request/E-mail

Oct. 26, 2018

Oct. 26, 2018

PACER
596

Order in Response to Letter/Request/E-mail

Dec. 7, 2018

Dec. 7, 2018

PACER
599

Order in Response to Letter/Request/E-mail

Dec. 19, 2018

Dec. 19, 2018

PACER
605

Order in Response to Letter/Request/E-mail

March 12, 2019

March 12, 2019

PACER
608

Order in Response to Letter/Request/E-mail

May 13, 2019

May 13, 2019

PACER
611

Order in Response to Letter/Request/E-mail

July 17, 2019

July 17, 2019

PACER
614

Order/Notice to Attorney

Aug. 13, 2019

Aug. 13, 2019

PACER
618

Order/Notice to Attorney

Nov. 1, 2019

Nov. 1, 2019

PACER
621

Order in Response to Letter/Request/E-mail

Feb. 14, 2020

Feb. 14, 2020

PACER
624

Order/Notice to Attorney

June 24, 2020

June 24, 2020

PACER
627

Order in Response to Letter/Request/E-mail

Aug. 31, 2020

Aug. 31, 2020

PACER
630

Order in Response to Letter/Request/E-mail

Oct. 30, 2020

Oct. 30, 2020

PACER
633

Order in Response to Letter/Request/E-mail

Jan. 25, 2021

Jan. 25, 2021

PACER
636

Order in Response to Letter/Request/E-mail

March 2, 2021

March 2, 2021

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 20, 2009

Closing Date: 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Victims of excessive force and violence carried out by the Metro Gang Strike Force.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Metro Gang Strike Force, Regional

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

State law

42 U.S.C. § 1985

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $3,000,000

Order Duration: 2010 - 2012

Issues

General:

Aggressive behavior

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Language access/needs

Pattern or Practice

Discrimination-basis:

National origin discrimination