Case: Levy Armstrong v. City of Minneapolis

0:20-cv-01645 | U.S. District Court for the District of Minnesota

Filed Date: July 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case arose out of protests in Minneapolis following the murder of George Floyd by Minneapolis Police Department (MPD) officer Derek Chauvin in May 2020. On July 28, 2020, a group of four protesters brought suit on behalf of themselves and other similarly situated protesters under 42 U.S.C. § 1983 in the U.S. District Court for the District of Minnesota. They sued the City of Minneapolis, the Minneapolis Chief of Police, the President of the MPD Federation, and State of Minnesota police off…

This case arose out of protests in Minneapolis following the murder of George Floyd by Minneapolis Police Department (MPD) officer Derek Chauvin in May 2020. On July 28, 2020, a group of four protesters brought suit on behalf of themselves and other similarly situated protesters under 42 U.S.C. § 1983 in the U.S. District Court for the District of Minnesota. They sued the City of Minneapolis, the Minneapolis Chief of Police, the President of the MPD Federation, and State of Minnesota police officers. The plaintiffs were represented by the ACLU of Minnesota, and the case was assigned to Judge Susan Richard Nelson and Magistrate Judge David T. Schultz. 

Plaintiffs alleged their First and Fourth Amendment rights were violated when defendants retaliated against them for engaging in constitutionally protected activity with unnecessary and excessive force. In their complaint, plaintiffs pointed to prior incidents of alleged excessive force deployed by municipal and state police officers, as well as municipal customs and policies that authorized excessive use of force during civil disturbances. The plaintiffs also argued that defendants violated their Fourteenth Amendment rights to procedural due process by “firing chemical and other less-lethal munitions on them without notice and an opportunity to disperse in a way that a person of ordinary intelligence could understand and comply with.” Plaintiffs asked for class certification, declaratory and injunctive relief, compensatory and pecuniary damages, and attorneys’ fees.

In September 2020, defendants filed three separate motions to dismiss. First, the City of Minneapolis and the Minneapolis Chief of Police (“the City Defendants”) moved to dismiss for failure to state a claim under Monell, and also argued that the complaint against the Chief of Police was not well-pleaded. Next, the state police officers (“the State Defendants”) moved to dismiss, arguing that they were entitled to Eleventh Amendment and qualified immunity, that plaintiffs lacked standing to seek prospective relief, and that the complaint was not well-pleaded. Lastly, the President of the MPD Federation moved to dismiss on the basis that he was a private actor and thus not subject to liability under § 1983. 

The court issued an order regarding all three motions on March 11, 2021. 525 F.Supp.3d 954. First, the court granted in part and denied in part the City Defendants’ motion to dismiss. The Monell claims against the City of Minneapolis and the Chief of Police in his official capacity could proceed because the complaint plausibly alleged “an unofficial custom regarding the use of unconstitutional force against peaceful protesters existed at the time of the George Floyd protests, and that the custom was either tacitly authorized by municipal policymakers or policymakers were deliberately indifferent to it.” However, the court held that the plaintiffs had not plausibly alleged that the Chief of Police was personally involved in his individual capacity in the supervision and training of the officers allegedly involved in the violation of plaintiffs’ rights. Therefore, the suit against the Chief of Police in his individual capacity could not proceed. 

Next, the court granted the State Defendants’ motion to dismiss, finding that the complaint did not plausibly allege constitutional violations by the state officers because it lacked specificity. Unlike plaintiffs allegations regarding the City Defendants’ use of force, which were supported by details which the plaintiffs allegedly witnessed, the plaintiffs’ allegations regarding the State Defendants’ use of tear gas and less-lethal munitions were only supported “upon information and belief.” The allegations were thus too speculative to survive a motion to dismiss.

Finally, the court denied the President of the MPD Federation’s motion to dismiss because plaintiffs stated a plausible claim that he was acting under color of state law, as required by § 1983, when influencing MPD’s policies and customs. With the three motions to dismiss resolved, the case continued to proceed against the City Defendants (except claims against the Chief of Police in his individual capacity) and the President of the MPD Federation.

Several months later, plaintiffs in a related case, Samaha v. City of Minneapolis (0:20-cv-01715), moved to consolidate with the case here and a third case, Goyette v. City of Minneapolis (0:20-cv-01302) for discovery and pretrial purposes. On August 31, 2021, the court consolidated Samaha with the case here, finding that both cases involved common questions of fact and law. However, the court denied the motion to consolidate Goyette because it was too dissimilar and would prejudice the defendants if consolidated with the others. 

The consolidated case was reassigned to District Judge Katherine M. Menendez following her elevation from magistrate judge in January 2022. As of March 2022, discovery continues in the case, and trial is tentatively scheduled for January 2023. 

This case is ongoing.

Summary Authors

Zoe Goldstein (4/5/2022)

Related Cases

Samaha v. City of Minneapolis, District of Minnesota (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17387962/parties/levy-armstrong-v-city-of-minneapolis/

Documents in the Clearinghouse

Document
1

Complaint

July 28, 2020

July 28, 2020

Complaint
19

0:20-cv-01645

Amended Class Action Complaint

Aug. 18, 2020

Aug. 18, 2020

Complaint
59

0:20-cv-01645

Memorandum Opinion and Order

525 F.Supp.3d 954

March 11, 2021

March 11, 2021

Order/Opinion
63

0:20-cv-01645

Order

Samaha v. City of Minneapolis

Aug. 31, 2021

Aug. 31, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17387962/levy-armstrong-v-city-of-minneapolis/

Last updated June 8, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Medaria Arradondo, City of Minneapolis, John Does 1-2, John M. Harrington, Robert Kroll, Matthew Langer (filing fee $ 400, receipt number AMNDC-7918388) filed by Terry Hempfling, Marques Armstrong, Rachel Clark, Nekima Levy Armstrong. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Florey, Michael) (Entered: 07/28/2020)

1 Civil Cover Sheet

View on RECAP

July 28, 2020

July 28, 2020

Clearinghouse
2

NOTICE of Appearance by Veena Tripathi on behalf of All Plaintiffs. (Tripathi, Veena) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
3

MOTION for Admission Pro Hac Vice for Attorney Ahmed J. Davis. Filing fee $ 100, receipt number AMNDC-7918565 filed by Marques Armstrong, Rachel Clark, Terry Hempfling, Nekima Levy Armstrong. (Florey, Michael) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
4

MOTION for Admission Pro Hac Vice for Attorney Excylyn J. Hardin-Smith. Filing fee $ 100, receipt number AMNDC-7918606 filed by Marques Armstrong, Rachel Clark, Terry Hempfling, Nekima Levy Armstrong. (Florey, Michael) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
5

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Susan Richard Nelson per 3rd/4th Civil Rights list, referred to Magistrate Judge David T. Schultz. Please use case number 20-cv-1645 SRN/DTS. (kt) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
6

Summons Issued as to Medaria Arradondo, City of Minneapolis, John Does 1-2, John M. Harrington, Robert Kroll, Matthew Langer. (kt) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
7

TEXT ONLY ENTRY: ORDER granting 3 Motion for Admission Pro Hac Vice of Attorney Ahmed J. Davis for Marques Armstrong, Rachel Clark, Terry Hempfling,Ahmed J. Davis and for Nekima Levy Armstrong.; granting 4 Motion for Admission Pro Hac Vice of Attorney Excylyn Hardin-Smith for Marques Armstrong, Rachel Clark, Terry Hempfling and for Nekima Levy Armstrong. Approved by Magistrate Judge David T. Schultz on 7/29/2020. (JGK) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

July 29, 2020

July 29, 2020

PACER
8

AFFIDAVIT of Service by Marques Armstrong, Rachel Clark, Terry Hempfling, Nekima Levy Armstrong upon Minneapolis Police Lieutenant Robert Kroll (Florey, Michael) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
9

WAIVER OF SERVICE Returned Executed filed by Terry Hempfling, Marques Armstrong, Rachel Clark, Nekima Levy Armstrong. City of Minneapolis waiver sent on 7/28/2020, answer due 9/28/2020. (Florey, Michael) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

RECAP
10

WAIVER OF SERVICE Returned Executed filed by Terry Hempfling, Marques Armstrong, Rachel Clark, Nekima Levy Armstrong. Medaria Arradondo waiver sent on 7/28/2020, answer due 9/28/2020. (Florey, Michael) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

RECAP
11

AFFIDAVIT of Service by Marques Armstrong, Rachel Clark, Terry Hempfling, Nekima Levy Armstrong (Florey, Michael) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

RECAP
12

NOTICE of Appearance by Joseph A Kelly on behalf of Robert Kroll. (Kelly, Joseph) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
13

ORDER OF REASSIGNMENT OF RELATED CASE. 20-cv-1715 ECT/BRT reassigned to Judge Susan Richard Nelson and Magistrate Judge David T. Schultz for further proceedings. Signed by Judge Susan Richard Nelson and Judge Eric C. Tostrud on 8/13/2020.(kt) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
14

STIPULATION for Extension of Time for Harrington and Langer's Response to Complaint by John Harrington, Matthew Langer. Jointly Signed by Nekima Levy Armstrong, Marques Armstrong, Terry Hempfling, and Rachel Clark. (Passe, Julianna) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
15

PROPOSED ORDER TO JUDGE re 14 Stipulation. (Passe, Julianna) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
16

STIPULATION to extend time to respond to complaint by Robert Kroll. Jointly Signed by armstrong. (Kelly, Joseph) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
17

PROPOSED ORDER TO JUDGE re 16 Stipulation. (Kelly, Joseph) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
18

NOTICE of Appearance by Kristin R. Sarff on behalf of Medaria Arradondo, City of Minneapolis. (Sarff, Kristin) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
19

AMENDED COMPLAINT against All Defendants. filed by Terry Hempfling, Marques Armstrong, Rachel Clark, Nekima Levy Armstrong, Max Fraden. No summons requested. (Florey, Michael) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

Clearinghouse
20

ORDER on 14 Stipulation. John Harrington answer due 9/28/2020; Matthew Langer answer due 9/28/2020. Signed by Magistrate Judge David T. Schultz on 8/19/2020.(TJB) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
21

ORDER on 16 Stipulation. Robert Kroll answer due 9/28/2020. Signed by Magistrate Judge David T. Schultz on 8/19/2020.(TJB) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
22

NOTICE of Appearance by Clare Ann Diegel on behalf of All Plaintiffs. (Diegel, Clare) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
23

MOTION to Dismiss/General filed by Robert Kroll. (Kelly, Joseph) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
24

MEMORANDUM in Support re 23 MOTION to Dismiss/General filed by Robert Kroll. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kelly, Joseph) (Entered: 09/28/2020)

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

View on PACER

Sept. 28, 2020

Sept. 28, 2020

RECAP
25

AFFIDAVIT of Joseph Kelly in SUPPORT OF 23 MOTION to Dismiss/General filed by Robert Kroll. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Kelly, Joseph) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
26

NOTICE OF HEARING ON MOTION 23 MOTION to Dismiss/General : Date and time to be determined. (Kelly, Joseph) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
27

PROPOSED ORDER TO JUDGE re 23 MOTION to Dismiss/General filed by Robert Kroll.(Kelly, Joseph) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
28

AMENDED NOTICE of Hearing on Motion: 23 MOTION to Dismiss/General : Motion Hearing set for 12/9/2020 at 09:30 AM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Kelly, Joseph) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
29

MOTION to Dismiss/General Amended Complaint filed by John Harrington, Matthew Langer. (Weiner, Joseph) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
30

NOTICE OF HEARING ON MOTION 29 MOTION to Dismiss/General Amended Complaint : Motion Hearing set for 12/9/2020 at 09:30 AM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Weiner, Joseph) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
31

MEET and CONFER STATEMENT re 29 Motion to Dismiss/General filed by John Harrington, Matthew Langer.(Weiner, Joseph) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
32

MEMORANDUM in Support re 29 MOTION to Dismiss/General Amended Complaint filed by John Harrington, Matthew Langer. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Weiner, Joseph) (Entered: 09/28/2020)

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

View on PACER

Sept. 28, 2020

Sept. 28, 2020

RECAP
33

MOTION to Dismiss/General filed by Medaria Arradondo, City of Minneapolis. (Sarff, Kristin) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
34

NOTICE OF HEARING ON MOTION 33 MOTION to Dismiss/General : Motion Hearing set for 12/9/2020 at 09:30 AM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Sarff, Kristin) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
35

MEET and CONFER STATEMENT re 33 Motion to Dismiss/General filed by Medaria Arradondo, City of Minneapolis.(Sarff, Kristin) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
36

MEMORANDUM in Support re 33 MOTION to Dismiss/General filed by Medaria Arradondo, City of Minneapolis. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Sarff, Kristin) (Entered: 09/28/2020)

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

View on PACER

Sept. 28, 2020

Sept. 28, 2020

RECAP
37

PROPOSED ORDER TO JUDGE re 33 Motion to Dismiss/General. (Sarff, Kristin) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
38

NOTICE of Appearance by Isabella Salomao Nascimento on behalf of All Plaintiffs. (Salomao Nascimento, Isabella) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
39

MEET and CONFER STATEMENT re 23 Motion to Dismiss/General filed by Robert Kroll.(Kelly, Joseph) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
40

STIPULATION To Extend Briefing Schedule on Pending Motions to Dismiss by Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling, Nekima Levy Armstrong. Jointly Signed by City of Minneapolis, Minneapolis Chief of Police Medaria Arradondo, Minneapolis Police Lieutenant Robert Kroll, Minnesota Department of Public Safety Commissioner John Harrington, and Minnesota State Patrol Colonel Matthew Langer. (Hardin-Smith, Excylyn) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
41

PROPOSED ORDER TO JUDGE re 40 Stipulation,. (Hardin-Smith, Excylyn) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
42

ORDER on 40 Stipulation To Extend Briefing Schedule on Pending Motions to Dismiss: 33 MOTION to Dismiss, 29 MOTION to Dismiss Amended Complaint, 23 MOTION to Dismiss. Responses due by 11/2/2020. Replies due by 11/23/2020. Signed by Judge Susan Richard Nelson on 10/6/2020. (SMD) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

RECAP
43

MEMORANDUM in Opposition re 33 MOTION to Dismiss/General filed by Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling, Nekima Levy Armstrong. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Davis, Ahmed) (Entered: 11/02/2020)

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

View on PACER

Nov. 2, 2020

Nov. 2, 2020

RECAP
44

DECLARATION of Veena V. Tripathi in Opposition to 33 MOTION to Dismiss/General filed by Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling, Nekima Levy Armstrong. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Tripathi, Veena) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
45

MEMORANDUM in Opposition re 23 MOTION to Dismiss/General filed by Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling, Nekima Levy Armstrong. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Davis, Ahmed) (Entered: 11/02/2020)

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

View on PACER

Nov. 2, 2020

Nov. 2, 2020

RECAP
46

MEMORANDUM in Opposition re 29 MOTION to Dismiss/General Amended Complaint filed by Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling, Nekima Levy Armstrong. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Davis, Ahmed) (Entered: 11/02/2020)

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

View on PACER

Nov. 2, 2020

Nov. 2, 2020

RECAP
47

Reply to Response to Motion re 29 MOTION to Dismiss/General Amended Complaint filed by John Harrington, Matthew Langer. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Weiner, Joseph) (Entered: 11/23/2020)

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

View on PACER

Nov. 23, 2020

Nov. 23, 2020

RECAP
48

Reply to Response to Motion re 23 MOTION to Dismiss/General filed by Robert Kroll. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kelly, Joseph) (Entered: 11/23/2020)

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

View on PACER

Nov. 23, 2020

Nov. 23, 2020

RECAP
49

Reply to Response to Motion re 33 MOTION to Dismiss/General filed by Medaria Arradondo, City of Minneapolis. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Sarff, Kristin) (Entered: 11/23/2020)

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

View on PACER

Nov. 23, 2020

Nov. 23, 2020

RECAP
50

ORDER/NOTICE FOR PRETRIAL CONFERENCE: Parties are directed to Meet and Confer by 1/5/2021. Rule 26 Meeting Report due by 1/5/2021. Pretrial Conference set for 1/12/2021 at 11:30 AM before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 11/25/2020. (Attachments: # 1 Consent Form)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.(TJB) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
51

Minute Entry for proceedings held before Judge Susan Richard Nelson: Motion Hearing held on 12/9/2020 re 23 MOTION to Dismiss filed by Robert Kroll, 29 MOTION to Dismiss Amended Complaint filed by Matthew Langer, John Harrington, 33 MOTION to Dismiss filed by City of Minneapolis, Medaria Arradondo. The motions were submitted, argued, and taken under advisement. (Court Reporter Carla Bebault) (SMD) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
52

REPORT of Rule 26(f) Planning Meeting. Filed by Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling, Nekima Levy Armstrong. Jointly Signed by City of Minneapolis, Medaria Arradondo, Minnesota Department of Public Safety Commissioner John Harrington, Minnesota State Patrol Colonel Matthew Langer, and Minneapolis Police Lieutenant Robert Kroll.(Davis, Ahmed) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
53

Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Initial Pretrial Conference held on 1/12/2021. (TJB) (Entered: 01/25/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
54

SCHEDULING ORDER: Amended Pleadings due by 11/15/2022. Fact Discovery due by 6/30/2022. Motions (non-disp) due 8/1/2022. Motions (disp) due by 6/15/2023. Ready for trial due by 10/15/2023. Signed by Magistrate Judge David T. Schultz on 1/26/2021.(TJB) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
55

AMENDED SCHEDULING ORDER: Amended Pleadings due by 11/15/2022. Fact Discovery due by 6/30/2022. Motions (non-disp) due 8/1/2022. Motions (disp) due by 6/15/2023. Ready for trial due by 10/15/2023. Signed by Magistrate Judge David T. Schultz on 1/27/2021.(TJB) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
56

DOCUMENT FILED IN ERROR. NOTICE by Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling, Nekima Levy Armstrong re 23 MOTION to Dismiss/General, 29 MOTION to Dismiss/General Amended Complaint, 33 MOTION to Dismiss/General (Attachments: # 1 Exhibit(s) Order Denying Motions to Dismiss in Tirado v. City of Minneapolis)(Salomao Nascimento, Isabella) Modified text on 2/23/2021 (CLK). (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
57

NOTICE by Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling, Nekima Levy Armstrong re 23 MOTION to Dismiss/General, 29 MOTION to Dismiss/General Amended Complaint, 33 MOTION to Dismiss/General (Attachments: # 1 Exhibit(s) Order Denying Motions to Dismiss in Tirado v. City of Minneapolis)(Salomao Nascimento, Isabella) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
58

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

March 3, 2021

March 3, 2021

PACER
59

ORDER denying 23 Motion to Dismiss/General; granting 29 Motion to Dismiss/General; granting in part and denying in part 33 Motion to Dismiss/General (Written Opinion). Signed by Judge Susan Richard Nelson on 3/11/2021. (avt) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

Clearinghouse
60

ANSWER to 19 Amended Complaint filed by Robert Kroll. (Kelly, Joseph) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
61

ANSWER to 19 Amended Complaint filed by Medaria Arradondo, City of Minneapolis. (Sarff, Kristin) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
62

TEXT-ONLY ORDER: Plaintiffs in 20-1715 moved to consolidate their case with cases 20-1645 and 20-1302. The moving party must serve their motion and supporting documents on all counsel in all the three lawsuits. All parties affected by the motion may be heard at the hearing set for: July 8, 2021 at 9:00 AM (CT) in Courtroom 9E (MPLS). Ordered by Magistrate Judge David T. Schultz on 6/18/2021. (TJB) (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

PACER

Order/Notice to Attorney

June 18, 2021

June 18, 2021

PACER
63

ORDER in case 0:20-cv-01645-SRN-DTS; granting in part and denying in part (37) Motion to Consolidate Cases in case 0:20-cv-01715-SRN-DTS. Signed by Magistrate Judge David T. Schultz on 8/31/2021. Associated Cases: 0:20-cv-01715-SRN-DTS, 0:20-cv-01645-SRN-DTS (TJB) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

Clearinghouse
64

AMENDED PROTECTIVE ORDER. Signed by Magistrate Judge David T. Schultz on 9/27/2021.Associated Cases: 0:20-cv-01715-SRN-DTS, 0:20-cv-01645-SRN-DTS (TJB) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
65

SECOND AMENDED SCHEDULING ORDER: Amended Pleadings due by 3/15/2022. Fact Discovery due by 6/30/2022. Motions (non-disp) due 8/1/2022. Motions (disp) due by 8/15/2022. Ready for trial due by 12/19/2022. Signed by Magistrate Judge David T. Schultz on 10/8/2021. Associated Cases: 0:20-cv-01715-SRN-DTS, 0:20-cv-01645-SRN-DTS(TJB) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
66

ORDER on (64 in 0:20-cv-01715-KMM-DTS) Stipulation. Signed by Magistrate Judge David T. Schultz on 1/6/2022. Associated Cases: 0:20-cv-01715-KMM-DTS, 0:20-cv-01645-SRN-DTS. (NEM) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

RECAP
67

(Text-Only) CLERK'S NOTICE OF REASSIGNMENT. Due to the elevation of Judge Katherine M. Menendez, this case is reassigned to her. Judge Susan Richard Nelson is no longer assigned to the case. NOTE: the new case number is 20-cv-1645 KMM/DTS. Please use this case number for all subsequent pleadings. (kt) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

PACER
68

TRANSCRIPT REQUEST for an Expedited 7-Day Transcript of 51 Motion Hearing, to Court Reporter Carla Bebault. (Hardin-Smith, Excylyn) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
69

TRANSCRIPT of Motions Hearing held on 12/9/2020 before Judge Susan Richard Nelson. (78 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. 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 2/16/2022. Redaction Request due 3/2/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/10/2022. (CRB) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
70

THIRD AMENDED SCHEDULING ORDER: Amended Pleadings due by 6/15/2022. Fact Discovery due by 9/30/2022. Motions (non-disp) due 11/1/2022. Motions (disp) due by 11/15/2022. Ready for trial due by 1/17/2023. Signed by Magistrate Judge David T. Schultz on 3/15/2022. Associated Cases: 0:20-cv-01715-KMM-DTS, 0:20-cv-01645-KMM-DTS(TJB) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Policing

Speech and Religious Freedom

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: July 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals in Minneapolis who protested the murder of George Floyd in summer 2020 (class certification sought).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Minneapolis (Minneapolis, Hennepin), City

Chief of Police (Minneapolis, Hennepin), City

President (Minneapolis, Hennepin), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Procedural Due Process

Freedom of speech/association

Unreasonable search and seizure

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Failure to supervise

Failure to train

Pattern or Practice

Personal injury

Retaliation