Case: Goyette v. Minneapolis

0:20-cv-01302 | U.S. District Court for the District of Minnesota

Filed Date: June 2, 2020

Clearinghouse coding complete

Case Summary

This lawsuit was filed on June 2, 2020 in the U.S. District Court for the District of Minnesota. The case arose out of the 2020 protests that began after Minneapolis police killed George Floyd. The plaintiffs in this case alleged that Minneapolis police targeted journalists covering the protests in violation of the First, Fourth, and Fourteenth Amendments. The original complaint sought class certification for a class consisting of "all members of the news media . . . who intend to engage in new…

This lawsuit was filed on June 2, 2020 in the U.S. District Court for the District of Minnesota. The case arose out of the 2020 protests that began after Minneapolis police killed George Floyd. The plaintiffs in this case alleged that Minneapolis police targeted journalists covering the protests in violation of the First, Fourth, and Fourteenth Amendments. The original complaint sought class certification for a class consisting of "all members of the news media . . . who intend to engage in news gathering or reporting activities in Minnesota related to the protest activities that followed the death of George Floyd and the law enforcement response to those protests." Defendants included various city and state officials and the City of Minneapolis; they were represented by ACLU Minnesota and private counsel.

The complaint alleged that police actions against the plaintiffs constituted retaliation in violation of the First Amendment, unlawful seizure and excessive force in violation of the Fourth Amendment, and unlawful arrests violating the procedural Due Process Clause in the Fourteenth Amendment. Plaintiffs sought a temporary restraining order (TRO), a preliminary injunction, a permanent injunction, class certification, declaratory relief, money damages with interest, and attorneys' fees. They also submitted separate motions for class certification and an expedited motion for a temporary restraining order. The case was assigned to Judge Wilhelmina M. Wright and referred to Magistrate Judge David T. Schultz.

On June 5, 2020, defendants opposed plaintiffs' motions for class certification and the TRO. Three days later plaintiffs amended their complaint to add an individual plaintiff and to add the Communications Workers of America as a plaintiff.

The next day, Judge Wright issued an order denying class certification and denying the TRO. Regarding class certification, Judge Wright stated that the plaintiffs would need to wait for more discovery to happen. On the TRO, Judge Wright said that there was no evidence, nor did plaintiffs allege, that the behavior plaintiffs sought to enjoin was persistent beyond May 31, 2020. To grant the TRO, the behavior plaintiffs sought to enjoin must have been "imminent." 2020 WL 3056705.

Before defendants could respond to the complaint, the plaintiffs filed a second amended complaint on July 30, 2020. The new complaint added charges of civil conspiracy to deprive rights, failure to intervene in defense of rights, violations of Due Process under the Fifth and Fourteenth Amendments, and another count of violating the First Amendment for retaliation.

The plaintiffs filed another motion for a TRO on April 14, 2021, seeking to enjoin the State Defendants from using physical force and chemical agents (like pepper spray and tear gas) against journalists, and prohibiting the defendants from seizing photographic equipment. Judge Wright granted the motion two days later and noted that the order would expire two weeks later. 338 F.R.D. 109. On April 29, Judge Wright extended the TRO to May 7, 2021, then extended it again to May 14. Meanwhile, the plaintiffs also filed a motion for a preliminary injunction.

On July 29, 2021, the court denied defendants' multiple motions to dismiss in all regards except for the Fifth Amendment due process claim. 2021 WL 3222495. The court noted that the Fifth Amendment only applies to federal actors; because a federal actor was not alleged as a defendant, this claim was dismissed.

The court converted the April 16 TRO into a preliminary injunction with two augmentations on October 28, 2021. 2021 WL 5003065. First, the court expanded the geographic scope beyond Brooklyn Center. Defendants had to provide copies of the preliminary injunction to all of the state defendants’ employees. Second, the court further expanded the injunction's scope by including not just the state defendant's employees, but also “other persons who are in active concert or participation with” them. The court also waived the bond requirement, as it did for the TRO, on plaintiffs' request.

The parties eventually reached a mediated settlement agreement. But because this case implicated important pubic interests, the settlement required approval of the district court. On February 8, 2022, the district court approved the parties request to convert the preliminary injunction into a monitored six-year injunction without substantial changes. 2022 WL 370161.

This case is closed pending defendant's compliance with the injunction.

Summary Authors

Jack Hibbard (8/4/2020)

Justin Hill (9/3/2021)

Jordan Katz (4/8/2022)

Alex Jarecki (3/21/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17218182/parties/goyette-v-city-of-minneapolis/


Judge(s)
Attorney for Plaintiff

Enslin, Sharda R (Minnesota)

Foster, Dulce J (Minnesota)

Hansen, Adam L. (Minnesota)

Harris, Jacob Patsch (Minnesota)

Attorney for Defendant

Beck, Kevin M (Minnesota)

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Documents in the Clearinghouse

Document

0:20-cv-01302

Docket [PACER]

Goyette v. City of Minneapolis

July 30, 2020

July 30, 2020

Docket
1

0:20-cv-01302

Class Action Complaint and Demand for a Jury Trial

Goyette v. City of Minneapolis

June 2, 2020

June 2, 2020

Complaint
31

0:20-cv-01302

First Amended Class Action Complaint and Demand for a Jury Trial

Goyette v. City of Minneapolis

June 8, 2020

June 8, 2020

Complaint
35

0:20-cv-01302

Order Denying Plaintiff Jared Goyette's Motions for Class Certification and Temporary Restraining Order

Goyette v. City of Minneapolis

June 9, 2020

June 9, 2020

Order/Opinion

2020 WL 2020

53

0:20-cv-01302

Second Amended Complaint

July 30, 2020

July 30, 2020

Complaint
105

0:20-cv-01302

Order Granting Plaintiffs' Motion for a Temporary Restraining Order

Goyette v. City of Minneapolis

April 16, 2021

April 16, 2021

Order/Opinion

338 F.R.D. 338

191

0:20-cv-01302

Order Granting in Part and Denying in Part State Defendants' Motion to Dismiss and Denying Defendant Kroll's Motion to Dismiss

Goyette v. City of Minneapolis

July 29, 2021

July 29, 2021

Order/Opinion

2021 WL 2021

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17218182/goyette-v-city-of-minneapolis/

Last updated March 21, 2024, 12:28 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (filing fee $ 400, receipt number AMNDC-7770202) filed by Jared Goyette. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment A) (Riach, Kevin) Modified text on 6/3/2020 (KDS). (Entered: 06/02/2020)

1 Civil Cover Sheet

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2 Civil Cover Sheet Civil Cover Sheet Attachment A

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June 2, 2020

June 2, 2020

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2

MOTION to Certify Class filed by Jared Goyette. (Riach, Kevin) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

RECAP
3

MEMORANDUM in Support re 2 MOTION to Certify Class filed by Jared Goyette. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Riach, Kevin) (Entered: 06/02/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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June 2, 2020

June 2, 2020

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4

NOTICE of Appearance by Kevin C Riach on behalf of Jared Goyette. (Riach, Kevin) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
5

MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Jared Goyette. (Riach, Kevin) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

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6

NOTICE of Appearance by Adam W Hansen on behalf of All Plaintiffs. (Hansen, Adam) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
7

MEMORANDUM in Support re 5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Jared Goyette. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Riach, Kevin) (Entered: 06/02/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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June 2, 2020

June 2, 2020

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8

Declaration of Isabella Nascimento in Support of 5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Jared Goyette. (Attachments: # 1 Exhibit(s) 1-10, # 2 Exhibit(s) 11-20, # 3 Exhibit(s) 21-30, # 4 Exhibit(s) 31-40, # 5 Exhibit(s) 41-50, # 6 Exhibit(s) 51-59)(Riach, Kevin) (Entered: 06/02/2020)

1 Exhibit(s) 1-10

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2 Exhibit(s) 11-20

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3 Exhibit(s) 21-30

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4 Exhibit(s) 31-40

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5 Exhibit(s) 41-50

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6 Exhibit(s) 51-59

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June 2, 2020

June 2, 2020

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9

Declaration of Jared Goyette in Support of 5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Jared Goyette.(Riach, Kevin) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

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10

NOTICE of Appearance by Dulce J Foster on behalf of All Plaintiffs. (Foster, Dulce) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
11

NOTICE of Appearance by Jacob Patsch Harris on behalf of Jared Goyette. (Harris, Jacob) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
12

NOTICE of Appearance by Pari McGarraugh on behalf of All Plaintiffs. (McGarraugh, Pari) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
13

PROPOSED ORDER TO JUDGE re Motion for Temporary Restraining Order 5 Motion for TRO. (Riach, Kevin) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

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14

PROPOSED ORDER TO JUDGE re Motion for Temporary Restraining Order 5 Motion for TRO. (Riach, Kevin) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

RECAP
15

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Wilhelmina M. Wright per 3rd/4th Civil Rights list, referred to Magistrate Judge David T. Schultz. Please use case number 20-cv-1302 WMW/DTS. (KDS) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
16

Summons Issued as to Medaria Arradondo, City of Minneapolis, John Does, John Harrington, Robert Kroll, Matthew Langer. (KDS) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

RECAP
17

NOTICE of Appearance by Heather Passe Robertson on behalf of Medaria Arradondo, City of Minneapolis. (Robertson, Heather) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

RECAP
18

BRIEFING SCHEDULE ON PLAINTIFF'S MOTIONS FOR CLASS CERTIFICATION AND TEMPORARY RESTRAINING ORDER. The motion hearing is scheduled for 6/8/2020 at 3:00 PM. The motion hearing will be held via Telephone Conference (no courtroom) before Judge Wilhelmina M. Wright. Dial-in instructions will be sent to counsel via email. Signed by Judge Wilhelmina M. Wright on 6/3/2020. Modified text on 6/3/2020 (RJE). (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

RECAP
19

(Text-Only) NOTICE: Remote Public Access Available. A hearing on the plaintiff's motions for class certification and temporary restraining order is scheduled to be held by teleconference on 6/8/2020 at 3:00 PM. If any member of the public would like to attend the hearing by phone, they are instructed to contact Judge Wright's courtroom deputy at 651-848-1640 or wright_chambers@mnd.uscourts.gov to make appropriate arrangements. (RJE) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
20

AFFIDAVIT of Service by Jared Goyette (Attachments: # 1 Exhibit(s) Affidavit of Service Exhibits 1-3)(McGarraugh, Pari) (Entered: 06/03/2020)

1 Exhibit(s) Affidavit of Service Exhibits 1-3

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June 3, 2020

June 3, 2020

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21

PROPOSED ORDER TO JUDGE re Motion for Temporary Restraining Order 5 Motion for TRO. (Riach, Kevin) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

RECAP
22

NOTICE of Appearance by Elizabeth C Kramer on behalf of John Harrington. (Kramer, Elizabeth) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
23

NOTICE of Appearance by Elizabeth C Kramer on behalf of Matthew Langer. (Kramer, Elizabeth) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
24

WAIVER OF SERVICE Returned Executed filed by Jared Goyette. Medaria Arradondo waiver sent on 6/3/2020, answer due 8/3/2020; City of Minneapolis waiver sent on 6/3/2020, answer due 8/3/2020. (McGarraugh, Pari) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

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25

AFFIDAVIT of Service by Jared Goyette (Attachments: # 1 Exhibit(s))(McGarraugh, Pari) (Entered: 06/04/2020)

1 Exhibit(s)

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June 4, 2020

June 4, 2020

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26

SUMMONS Returned Executed by Jared Goyette. Robert Kroll served on 6/5/2020, answer due 6/26/2020. (McGarraugh, Pari) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

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27

DECLARATION of Scott Gerlicher in Opposition to 2 MOTION to Certify Class, 5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Medaria Arradondo, City of Minneapolis, John Harrington, Matthew Langer.(Sarff, Kristin) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

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28

DECLARATION of Matthew Langer in Opposition to 2 MOTION to Certify Class, 5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Medaria Arradondo, City of Minneapolis, John Harrington, Matthew Langer.(Sarff, Kristin) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
29

MEMORANDUM in Opposition re 2 MOTION to Certify Class, 5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Medaria Arradondo, City of Minneapolis, John Harrington, Matthew Langer. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Robertson, Heather) (Entered: 06/05/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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June 5, 2020

June 5, 2020

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30

WAIVER OF SERVICE Returned Executed filed by Jared Goyette. Medaria Arradondo waiver sent on 6/3/2020, answer due 8/3/2020. (McGarraugh, Pari) Modified text on 6/8/2020 (CLK). (Entered: 06/06/2020)

June 6, 2020

June 6, 2020

PACER
31

AMENDED COMPLAINT against All Defendants. filed by Jared Goyette, Craig Lassig, and Communications Workers of America, The. No summons requested. (Attachments: # 1 Exhibit(s) Declaration of Simon Moya-Smith, # 2 Exhibit(s) Declaration of Carolyn Cole, # 3 Exhibit(s) Declaration of Molly Hennessy-Fiske, # 4 Exhibit(s) Declaration of Jon Schluess, # 5 Exhibit(s) Exhibit A to Declaration of Jon Schluess, # 6 Exhibit(s) Declaration of Craig Lassig, # 7 First Amended Complaint Redline) (Riach, Kevin) Modified filers/text on 6/8/2020 (CLK). (Entered: 06/08/2020)

1 Exhibit(s) Declaration of Simon Moya-Smith

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2 Exhibit(s) Declaration of Carolyn Cole

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3 Exhibit(s) Declaration of Molly Hennessy-Fiske

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4 Exhibit(s) Declaration of Jon Schluess

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5 Exhibit(s) Exhibit A to Declaration of Jon Schluess

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6 Exhibit(s) Declaration of Craig Lassig

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7 First Amended Complaint Redline

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June 8, 2020

June 8, 2020

Clearinghouse
32

LETTER TO DISTRICT JUDGE by Communications Workers of America, The, Jared Goyette Filing Documents Pursuant to Court's Direction in the 6/8/2020 Hearing. (Attachments: # 1 Exhibit(s) TRO Order in Agazi Bay v. City of Denver, # 2 DOCUMENT FILED IN ERROR. Exhibit(s) Supplemental Declaration in Support of Plaintiffs' Motions)(McGarraugh, Pari) Modified text on 6/9/2020 (CLK). (Entered: 06/08/2020)

1 Exhibit(s) TRO Order in Agazi Bay v. City of Denver

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2 FILED IN ERROR. Exhibit(s) Supplemental Declaration in Support of Plaintiffs

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June 8, 2020

June 8, 2020

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33

Minute Entry for proceedings held before Judge Wilhelmina M. Wright: Motion Hearing held on 6/8/2020 re 2 MOTION to Certify Class filed by Jared Goyette, 5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Jared Goyette. (Court Reporter Lori Simpson) (RJE) (Entered: 06/09/2020)

June 8, 2020

June 8, 2020

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34

AFFIDAVIT of Pari I. McGarraugh in SUPPORT OF 2 MOTION to Certify Class, 5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Jared Goyette.(McGarraugh, Pari) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

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35

ORDER DENYING PLAINTIFF JARED GOYETTE'S MOTIONS FOR CLASS CERTIFICATION AND TEMPORARY RESTRAINING ORDER. (Written Opinion). Signed by Judge Wilhelmina M. Wright on 6/9/2020. (RJE) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

Clearinghouse
36

NOTICE of Withdrawal as Attorney and Substitution of Co-Counsel (Kramer, Elizabeth) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
37

NOTICE of Appearance by Isabella Salomao Nascimento on behalf of All Plaintiffs. (Salomao Nascimento, Isabella) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
38

AFFIDAVIT of Service by Communications Workers of America, The, Jared Goyette, Craig Lassig re 31 Amended Complaint,, 34 Affidavit in Support of Motion, 32 Letter to District Judge, 33 Motion Hearing, (McGarraugh, Pari) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

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39

TRANSCRIPT REQUEST for an Expedited 14-Day Transcript of 33 Motion Hearing, to Court Reporter Lori Simpson. (Nelson, Teresa) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
40

STIPULATION to Extend Time for State Defendants to Respond to Plaintiffs' Amended Complaint by John Harrington, Matthew Langer. (Passe, Julianna) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

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41

PROPOSED ORDER TO JUDGE re 40 Stipulation. (Passe, Julianna) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
42

NOTICE of Appearance by Sharda R Enslin on behalf of Medaria Arradondo, City of Minneapolis. (Enslin, Sharda) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
43

DOCUMENT FILED IN ERROR. ORDER on 40 Stipulation. John Harrington answer due 8/3/2020; Matthew Langer answer due 8/3/2020. Signed by Magistrate Judge David T. Schultz on 6/18/2020.(KAR) Modified text on 6/18/2020 (JME). (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
44

ORDER on 40 Stipulation. Signed by Magistrate Judge David T. Schultz on 6/18/2020.(KAR) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
45

NOTICE of Appearance by Joseph A Kelly on behalf of Robert Kroll. (Kelly, Joseph) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
46

STIPULATION to extend time to respond to complaint by Robert Kroll. Jointly Signed by Goyetteh et al. (Kelly, Joseph) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
47

PROPOSED ORDER TO JUDGE re 46 Stipulation. (Kelly, Joseph) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
48

ORDER on 46 Stipulation. Robert Kroll answer due 8/3/2020. Signed by Magistrate Judge David T. Schultz on 6/24/2020.(TJB) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
49

TRANSCRIPT of Telephonic Motions Hearing held on 6/8/2020 before Judge Wilhelmina M. Wright. (89 pages). Court Reporter: Lori Simpson. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Transcript temporarily sealed to determine if redactions are required. Parties have 7 days to file a Notice of Intent to Request Redaction or Notice that No Redaction is Required. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 7/2/2020. Redaction Request due 7/16/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/23/2020. (LAS) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
50

STIPULATION by Communications Workers of America, The, Jared Goyette, Craig Lassig. Jointly Signed by Minnesota Department of Public Safety Commissioner John Harrington, Minnesota State Patrol Colonel Matthew Langer, City of Minneapolis, Minneapolis Police Chief Medaria Arradondo, and Minneapolis Police Lieutenant Robert Kroll. (Riach, Kevin) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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51

PROPOSED ORDER TO JUDGE re 50 Stipulation,. (Riach, Kevin) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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52

ORDER on 50 Stipulation. Medaria Arradondo answer due 9/14/2020; City of Minneapolis answer due 9/14/2020; John Does answer due 9/14/2020; John Harrington answer due 9/14/2020; Robert Kroll answer due 9/14/2020; Matthew Langer answer due 9/14/2020. Signed by Magistrate Judge David T. Schultz on 7/30/2020.(TJB) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
53

SECOND AMENDED COMPLAINT against All Defendants. filed by Craig Lassig, Communications Workers of America, The, Jared Goyette, Tannen Maury, Katie Nelson, Stephen Maturen, Michael Shum. No summons requested. (Riach, Kevin) Modified text on 7/31/2020 (CLK). (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

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54

MOTION to Dismiss/General PL Second Amended Complaint filed by John Harrington, Matthew Langer. (Passe, Julianna) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
55

NOTICE OF HEARING ON MOTION 54 MOTION to Dismiss/General PL Second Amended Complaint : Motion Hearing set for 12/3/2020 at 01:00 PM in Courtroom 7A (STP) before Judge Wilhelmina M. Wright. (Passe, Julianna) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
56

MEET and CONFER STATEMENT re 54 Motion to Dismiss/General filed by John Harrington, Matthew Langer.(Passe, Julianna) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
57

MEMORANDUM in Support re 54 MOTION to Dismiss/General PL Second Amended Complaint filed by John Harrington, Matthew Langer. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Passe, Julianna) (Entered: 09/14/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Sept. 14, 2020

Sept. 14, 2020

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58

AFFIDAVIT of Julianna F. Passe in SUPPORT OF 54 MOTION to Dismiss/General PL Second Amended Complaint filed by John Harrington, Matthew Langer. (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3)(Passe, Julianna) (Entered: 09/14/2020)

1 Exhibit(s) Exhibit 1

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2 Exhibit(s) Exhibit 2

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3 Exhibit(s) Exhibit 3

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Sept. 14, 2020

Sept. 14, 2020

PACER
59

PROPOSED ORDER TO JUDGE re 57 Memorandum in Support of Motion, 56 Meet and Confer Statement, 54 Motion to Dismiss/General, 55 Notice of Hearing on Motion, 58 Affidavit in Support of Motion,. (Passe, Julianna) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
60

First MOTION to Dismiss/General Second Amended Complaint filed by Robert Kroll. (Kelly, Joseph) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

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61

MEMORANDUM in Support re 60 First MOTION to Dismiss/General Second Amended Complaint filed by Robert Kroll. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kelly, Joseph) (Entered: 09/14/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Sept. 14, 2020

Sept. 14, 2020

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62

AFFIDAVIT of Joseph Kelly in SUPPORT OF 60 First MOTION to Dismiss/General Second Amended Complaint filed by Robert Kroll. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Kelly, Joseph) (Entered: 09/14/2020)

1 Exhibit(s) 1

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2 Exhibit(s) 2

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Sept. 14, 2020

Sept. 14, 2020

PACER
63

NOTICE OF HEARING ON MOTION 60 First MOTION to Dismiss/General Second Amended Complaint : Motion Hearing set for 12/3/2020 at 01:00 PM in Courtroom 7A (STP) before Judge Wilhelmina M. Wright. (Kelly, Joseph) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
64

MEET and CONFER STATEMENT re 60 Motion to Dismiss/General filed by Robert Kroll.(Kelly, Joseph) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
65

PROPOSED ORDER TO JUDGE re 60 First MOTION to Dismiss/General Second Amended Complaint filed by Robert Kroll.(Kelly, Joseph) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
66

ANSWER to Second Amended Complaint filed by Medaria Arradondo, City of Minneapolis. (Robertson, Heather) Modified text on 9/15/2020 (lmb). (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

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67

MOTION for Admission Pro Hac Vice for Attorney Colin Reeves. Filing fee $ 100, receipt number AMNDC-8081608 filed by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum. (Attachments: # 1 Meet and Confer Statement)(Hansen, Adam) (Entered: 09/23/2020)

1 Meet and Confer Statement

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Sept. 23, 2020

Sept. 23, 2020

PACER
68

PROPOSED ORDER TO JUDGE re 67 MOTION for Admission Pro Hac Vice for Attorney Colin Reeves. Filing fee $ 100, receipt number AMNDC-8081608 filed by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum.(Hansen, Adam) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
69

STIPULATION by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum. Jointly Signed by Minnesota Department Of Public Safety Commissioner John Harrington, Minnesota State Patrol Colonel Matthew Langer, Minneapolis Police Lieutenant Robert Kroll, City of Minneapolis, and Minneapolis Police Chief Medaria Arradondo. (Riach, Kevin) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

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70

PROPOSED ORDER TO JUDGE re 69 Stipulation,. (Riach, Kevin) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
71

TEXT ONLY ENTRY: ORDER granting 67 Motion for Admission Pro Hac Vice of Attorney Colin R Reeves for Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, and for Michael Shum. Approved by Magistrate Judge David T. Schultz on 9/25/2020. (NAH) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER

Order on Motion for Admission Pro Hac Vice

Sept. 25, 2020

Sept. 25, 2020

PACER
72

ORDER/NOTICE FOR PRETRIAL CONFERENCE: Parties are directed to Meet and Confer by 11/24/2020. Rule 26 Meeting Report due by 11/24/2020. Pretrial Conference set for 12/1/2020 at 11:00 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 10/14/2020. (Attachments: # 1 Consent Form)(TJB) (Entered: 10/14/2020)

1 Consent Form

View on PACER

Oct. 14, 2020

Oct. 14, 2020

RECAP
73

RESPONSE in Support re 54 MOTION to Dismiss/General PL Second Amended Complaint, 60 First MOTION to Dismiss/General Second Amended Complaint filed by Medaria Arradondo, City of Minneapolis. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Robertson, Heather) (Entered: 10/15/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Oct. 15, 2020

Oct. 15, 2020

RECAP
74

MEMORANDUM in Opposition re 60 First MOTION to Dismiss/General Second Amended Complaint filed by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Riach, Kevin) (Entered: 10/29/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Oct. 29, 2020

Oct. 29, 2020

RECAP
75

RESPONSE in Opposition re 54 MOTION to Dismiss/General PL Second Amended Complaint filed by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hansen, Adam) (Entered: 10/29/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Oct. 29, 2020

Oct. 29, 2020

RECAP
76

(Text-Only) NOTICE of Resetting of Hearing: The Motion hearing scheduled for 12/3/2020 is rescheduled to 12/4/2020 at 01:00 PM in Telephone Conference (no courtroom) before Judge Wilhelmina M. Wright. Dial-in instructions will be sent to counsel via email. (RJE) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
77

NOTICE: Remote Public Access to 76 Motion Hearing on 12/4/2020 at 1:00 PM.To join the telephonic hearing, dial 1-888-204-5984. Use access code 1650161 and security code 2468. (RJE) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
78

AMENDED NOTICE of Hearing on Motion: 54 MOTION to Dismiss/General PL Second Amended Complaint : Motion Hearing set for 12/4/2020 at 01:00 PM in Video Conference (no courtroom) before Judge Wilhelmina M. Wright. (Passe, Julianna) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
79

REPLY re 75 Response in Opposition to Motion, filed by John Harrington, Matthew Langer. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Passe, Julianna) (Entered: 11/12/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Nov. 12, 2020

Nov. 12, 2020

PACER
80

Reply to Response to Motion re 60 First MOTION to Dismiss/General Second Amended Complaint filed by Robert Kroll. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kelly, Joseph) (Entered: 11/12/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Nov. 12, 2020

Nov. 12, 2020

RECAP
81

NOTICE OF HEARING ON MOTION 60 First MOTION to Dismiss/General Second Amended Complaint : Motion Hearing set for 12/4/2020 at 01:00 PM in Telephone Conference (no courtroom) before Judge Wilhelmina M. Wright. (Kelly, Joseph) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
82

REPORT of Rule 26(f) Planning Meeting. Filed by Medaria Arradondo, City of Minneapolis. Jointly Signed by Robert Kroll, John Harrington, Matthew Langer, Jared Goyette, Craig Lassig, Michael Shum, Katie Nelson, Tannen Maury, Stephen Maturen, and The Communications Workers of America.(Robertson, Heather) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
83

Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Initial Pretrial Conference held on 12/1/2020. (TJB) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
84

(Text-Only) NOTICE of Resetting of Hearing: The Motions Hearing is rescheduled to 12/9/2020 at 01:00 PM in Telephone Conference (no courtroom) before Judge Wilhelmina M. Wright. Notice to Public: Please visit our website at https://www.mnd.uscourts.gov/court-schedules for audio connection information for this hearing. Note that hearings may not appear on the kiosk until one week before the hearing date.(RJE) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
85

AMENDED NOTICE of Hearing on Motion: 60 First MOTION to Dismiss/General Second Amended Complaint : Motion Hearing set for 12/9/2020 at 01:00 PM in Telephone Conference (no courtroom) before Judge Wilhelmina M. Wright. (Kelly, Joseph) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
86

NOTICE OF HEARING ON MOTION 54 MOTION to Dismiss/General PL Second Amended Complaint : Motion Hearing set for 12/9/2020 at 01:00 PM in Telephone Conference (no courtroom) before Judge Wilhelmina M. Wright. (Passe, Julianna) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
87

SCHEDULING ORDER: Amended Pleadings due by 1/3/2022. Fact Discovery due by 12/1/2021. Motions (non-disp) due 6/1/2022. Motions (disp) due by 12/1/2022. Ready for trial due by 4/3/2023. Signed by Magistrate Judge David T. Schultz on 12/7/2020.(TJB) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
88

Minute Entry for proceedings held before Judge Wilhelmina M. Wright: Motion Hearing held on 12/9/2020 re 54 MOTION to Dismiss/General PL Second Amended Complaint filed by Matthew Langer, John Harrington, 60 First MOTION to Dismiss/General Second Amended Complaint filed by Robert Kroll. (Court Reporter Lori Simpson) (RJE) (Entered: 12/10/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
89

AMENDED SCHEDULING ORDER. Signed by Magistrate Judge David T. Schultz on 1/14/2021.(TJB) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

RECAP
90

Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Status Conference held on 1/26/2021. (TJB) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
91

NOTICE OF SUPPLEMENTAL AUTHORITY by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum re 54 MOTION to Dismiss/General PL Second Amended Complaint, 60 First MOTION to Dismiss/General Second Amended Complaint (Attachments: # 1 Exhibit(s) Order Denying Motions to Dismiss in Tirado v. City of Minneapolis)(Hansen, Adam) Modified text on 2/23/2021 (CLK). (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
92

PROTECTIVE ORDER. Signed by Magistrate Judge David T. Schultz on 2/26/2021.(TJB) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

RECAP
93

NOTICE of Withdrawal as Attorney (Passe, Julianna) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
94

MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum. (Riach, Kevin) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
95

PROPOSED ORDER TO JUDGE re 94 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum.(Riach, Kevin) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

RECAP
96

MEMORANDUM in Support re 94 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Riach, Kevin) (Entered: 04/14/2021)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

April 14, 2021

April 14, 2021

RECAP
97

Declaration of Jared Goyette in Support of 94 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum.(Riach, Kevin) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

RECAP
98

Declaration of Isabella Nascimento in Support of 94 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Communications Workers of America, The, Jared Goyette, Craig Lassig, Stephen Maturen, Tannen Maury, Katie Nelson, Michael Shum. (Attachments: # 1 Exhibit(s))(Riach, Kevin) (Entered: 04/14/2021)

1 Exhibit(s)

View on PACER

April 14, 2021

April 14, 2021

RECAP
99

BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER. See order for dates and details. Signed by Judge Wilhelmina M. Wright on 4/14/2021. (RJE) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

RECAP

Case Details

State / Territory: Minnesota

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: June 2, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two journalists and the Communications Workers of America (CWA).

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Minneapolis (Minneapolis, Hennepin), City

Minneapolis Chief of Police (Minneapolis, Hennepin), City

Minneapolis Police Lieutenant (Minneapolis, Hennepin), City

Minnesota Public Safety Commissioner, State

Minnesota State Patrol Colonel, State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Procedural Due Process

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $950,000

Order Duration: 2022 - 2028

Issues

General/Misc.:

Failure to supervise

Failure to train

Over/Unlawful Detention

Policing:

Excessive force

False arrest

Pepper/OC Spray (policing)