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

Closed Date: April 6, 2023

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Case Summary

This civil rights suit 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, 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 Police Officers Federation of Minneapolis (“President of the MPD Federation”), the Minnesota Department of Public Safety Commissioner, and State of Minnesota police officers. The plaintiffs were represented by the ACLU of Minnesota and private counsel. The case was initially assigned to U.S. District Judge Susan Richard Nelson and Magistrate Judge David T. Schultz.

The plaintiffs alleged that their First and Fourth Amendment rights were violated when the defendants retaliated against them for engaging in constitutionally protected activity with unnecessary and excessive force. The plaintiffs pointed to prior incidents of alleged excessive force deployed by municipal and state police officers in Minnesota, as well as municipal customs and policies that authorized excessive use of force during civil disturbances. The plaintiffs also argued that the defendants violated their Fourteenth Amendment rights to procedural due process by “fir[ing] 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.” The plaintiffs sought class certification, declaratory and injunctive relief, compensatory and pecuniary damages, pre-judgment interest, and attorneys’ fees.

On September 28, 2020, the defendants filed three separate motions to dismiss. First, the City of Minneapolis and the Minneapolis Chief of Police (“City Defendants”) moved to dismiss for failure to state a claim under Monell and also argued that the claims against the Minneapolis Chief of Police were not well pleaded. Next, the state police officers (“State Defendants”) moved to dismiss, arguing that they were entitled to Eleventh Amendment and qualified immunity, that the plaintiffs’ individual capacity supervisory liability claims were not well pleaded, and that the plaintiffs lacked standing to seek prospective relief. Lastly, the President of the MPD Federation moved to dismiss on the ground 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 plaintiffs 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 the supervision and training of the officers who allegedly violated the plaintiffs’ rights. Therefore, the court dismissed the claims against the Chief of Police in his individual capacity without prejudice.

Next, the court granted the State Defendants’ motion to dismiss without prejudice, finding that the amended complaint did not plausibly allege constitutional violations by the state officers because it lacked specificity. Unlike the plaintiffs’ allegations regarding the City Defendants’ use of force, which were supported by details of conduct that 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.” Thus, the allegations were 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, the plaintiffs in the case here and the plaintiffs in a related case, Samaha v. City of Minneapolis (0:20-cv-01715), moved to consolidate with a third case, Goyette v. City of Minneapolis (0:20-cv-01302) for discovery and pretrial proceeding purposes. On August 31, 2021, the court consolidated Samaha with the case here, finding that both cases involved common questions of fact or law. However, the court denied the motion to consolidate Goyette because it was dissimilar and would prejudice the defendants if consolidated with the other cases.

The consolidated case had a total of twelve plaintiffs and was reassigned to U.S. District Judge Katherine M. Menendez in January 2022, following her elevation from magistrate judge. On April 11, 2022, Robert Kroll moved to dismiss the case. Kroll was president of the Minneapolis Police Federation (MPF), a union that represents Minneapolis police officers. The plaintiffs argued that, because Kroll had already lost a motion to dismiss in the Armstrong case, the court in the now-consolidated action should deny the April 11 motion to dismiss on grounds of issue preclusion. In an order filed July 1, 2022, the court found that issue preclusion applied. Thus, the dismissal in Armstrong was binding in Samaha, and the court accordingly denied the defendant’s motion to dismiss. 2022 WL 2392528.

Judge Menendez denied defendant's motion to dismiss for lack of jurisdiction with prejudice as moot on January 9, 2022.

On February 22, 2022, Judge Menendez dismissed plaintiff's claims against Defendant Kroll with prejudice. On August 3, 2022, Dwyer moved to dismiss for lack of jurisdiction.

The parties officially began settlement discussions on October 2022. On October 21, 2022, the Minneapolis City Council approved settlements of $50,000 to each of the twelve plaintiffs for a total of $600,000. After continuing to negotiate and finalize terms, the parties stipulated for an injunction on March 30, 2023. On April 7, Judge Menendez granted the injunction. The primary terms included:

Minnesota Department of Public Safety is enjoined from arresting, threatening to arrest, or using physical force "Less Lethal Force" against persons engaging in lawful protests, lawful public assemblies, or lawful demonstrations who are not posing an immediate threat to the safety of others, officers, or the public safety.
Chemical agents shall not be used to disperse a protest where no members are engaging in behavior that is a threat to the public safety, unless (1) the protest is unlawful, and (2) an officer(s) first verbally orders dispersal in a manner designed to be audible for the intended audience and gives a reasonable time for the group to disperse. This shall not be construed to restrict an officer’s ability to respond to an immediate threat of physical harm to an officer, others, or the public safety. Violations are considered unreasonable force for purposes of this injunction.
All officers deployed to protests must have their body-cameras recording per Minnesota State Patrol policy, and may not intentionally obstruct the camera, either partially or entirely.
The injunction will dissolve five years from the date of entry of this Injunction.
Plaintiffs need not provide any security pursuant to Rule 65(c) of the Federal Rules of Civil Procedure.
The Court shall oversee compliance with the Injunction and take appropriate action in the event it is violated.

This case is now closed.

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Summary Authors

Zoe Goldstein (4/5/2022)

Saba Khan (11/28/2022)

Calvin Kim (11/1/2023)

People

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

Judge(s)

Attorney for Plaintiff

Balimba, Ashu N (Minnesota)

Davis, Ahmed J. (Minnesota)

Diegel, Clare A. (Minnesota)

Attorney for Defendant

Beck, Kevin M (Minnesota)

Duren, Rebecca L (Minnesota)

Judge(s)

Menendez, Katherine M (Minnesota)

Attorney for Plaintiff

Balimba, Ashu N (Minnesota)

Davis, Ahmed J. (Minnesota)

Diegel, Clare A. (Minnesota)

Florey, Michael E (Minnesota)

Gustafson, Daniel E (Minnesota)

Hardin-Smith, Excylyn (Minnesota)

Jacks, Tommy (Minnesota)

Mahoney-Mosedale, Frances Ivy (Minnesota)

Nascimento, Isabella Salomao (Minnesota)

Nelson, Teresa J (Minnesota)

Resch, Brittany N (Minnesota)

Rissman, Joshua J (Minnesota)

Stauber, Anthony (Minnesota)

Thadani, Meghana (Minnesota)

Tripathi, Veena (Minnesota)

Attorney for Defendant

Beck, Kevin M (Minnesota)

Duren, Rebecca L (Minnesota)

Enslin, Sharda R (Minnesota)

Kelly, Joseph A (Minnesota)

Passe, Julianna F. (Minnesota)

Robertson, Heather Passe (Minnesota)

Sarff, Kristin R. (Minnesota)

Weiner, Joseph D (Minnesota)

Attorney Contact Information via CourtListener

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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	March 11, 2021	March 11, 2021 Order/Opinion 525 F.Supp.3d 525
63 0:20-cv-01645	Order Samaha v. City of Minneapolis	Aug. 31, 2021	Aug. 31, 2021 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Nekima Levy Armstrong et al. v. City of Minneapolis et al. ACLU Minnesota	The lawsuit alleges that the Minneapolis Police and the Minnesota State Patrol used unnecessary and excessive force to suppress people’s First Amendment rights to assemble peacefully and speak out ag…	March 12, 2021	March 12, 2021 https://www.aclu-mn.org/...

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Docket

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

Last updated Feb. 25, 2024, 3:07 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
71	FOURTH AMENDED SCHEDULING ORDER. Signed by Magistrate Judge David T. Schultz on 7/29/2022.Associated Cases: 0:20-cv-01715-KMM-DTS, 0:20-cv-01645-KMM-DTS (TJB) (Entered: 07/29/2022)	July 29, 2022	July 29, 2022 RECAP
72	MOTION for Admission Pro Hac Vice for Attorney Meghana Thadani. Filing fee $ 100, receipt number AMNDC-9685062 filed by Nekima Levy Armstrong. (Florey, Michael) (Entered: 08/08/2022)	Aug. 8, 2022	Aug. 8, 2022 PACER
73	(Text-Only) ORDER granting 72 Motion for Admission Pro Hac Vice of Attorney Meghana Thadani for Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling and Nekima Levy Armstrong. Approved by Magistrate Judge David T. Schultz on 8/9/2022. (KMO) (Entered: 08/09/2022)	Aug. 9, 2022	Aug. 9, 2022 PACER
	Order on Motion for Admission Pro Hac Vice	Aug. 9, 2022	Aug. 9, 2022 PACER
74	MOTION for Admission Pro Hac Vice for Attorney Ashu Balimba. Filing fee $ 100, receipt number AMNDC-9716504 filed by Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling, Nekima Levy Armstrong. (Nelson, Teresa) (Entered: 08/23/2022)	Aug. 23, 2022	Aug. 23, 2022 PACER
75	(Text-Only) ORDER granting 74 Motion for Admission Pro Hac Vice of Attorney Ashu N Balimba for Marques Armstrong, Rachel Clark, Max Fraden, Terry Hempfling and Nekima Levy Armstrong. Approved by Magistrate Judge David T. Schultz on 8/24/2022. (KMO) (Entered: 08/24/2022)	Aug. 24, 2022	Aug. 24, 2022 PACER
	Order on Motion for Admission Pro Hac Vice	Aug. 24, 2022	Aug. 24, 2022 PACER
77	ORDER/NOTICE FOR PRETRIAL CONFERNCE: Pretrial Conference set for 11/4/2022 at 09:00 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 10/25/2022. Associated Cases: 0:20-cv-01715-KMM-DTS, 0:20-cv-01645-KMM-DTS(TJB) (Entered: 10/25/2022)	Oct. 25, 2022	Oct. 25, 2022 PACER
78	(Text-Only) ORDER/NOTICE RESETTING PRETRIAL CONFERENCE FOR 11/10/22 at 4:00PM in Courtroom 9E (MPLS). Ordered by Magistrate Judge David T. Schultz on 10/26/2022.Associated Cases: 0:20-cv-01715-KMM-DTS, 0:20-cv-01645-KMM-DTS(TJB) (Entered: 10/26/2022)	Oct. 26, 2022	Oct. 26, 2022 PACER
	Order/Notice of Hearing/Deadlines (Setting/Resetting)	Oct. 26, 2022	Oct. 26, 2022 PACER
79	TEXT-ONLY ORDER: The parties will participate in a Settlement Conference with the Court on Nov. 17, 2022 beginning at 9 am (order to follow). Pending completion of the Settlement Conference all current deadlines are stayed. If the Settlement Conference is unsuccessful a new scheduling order will be issued. Ordered by Magistrate Judge David T. Schultz on 11/10/2022. Associated Cases: 0:20-cv-01715-KMM-DTS, 0:20-cv-01645-KMM-DTS (TJB) (Entered: 11/10/2022)	Nov. 10, 2022	Nov. 10, 2022 PACER
	Order/Notice to Attorney	Nov. 10, 2022	Nov. 10, 2022 PACER
80	(Text-Only) ORDER Cancelling Deadline & Hearing. Settlement conference for 11/17/22 is CANCELLED and will be reset. Ordered by Magistrate Judge David T. Schultz on 11/16/2022.Associated Cases: 0:20-cv-01715-KMM-DTS, 0:20-cv-01645-KMM-DTS(TJB) (Entered: 11/16/2022)	Nov. 16, 2022	Nov. 16, 2022 PACER
	Order Cancelling Deadline & Hearing	Nov. 17, 2022	Nov. 17, 2022 PACER
81	ORDER DISMISSING Robert Kroll (Minneapolis Police Lieutenant, in his individual and official capacity). Signed by Judge Katherine M. Menendez on 2/22/2023. Associated Cases: 0:20-cv-01715-KMM-DTS, 0:20-cv-01645-KMM-DTS(KAT) (Entered: 02/22/2023)	Feb. 22, 2023	Feb. 22, 2023 RECAP