Case: Tincher v. Noem

0:25-cv-04669 | U.S. District Court for the District of Minnesota

Filed Date: Dec. 17, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit challenging the actions of DHS and ICE during "Operation Metro Surge" in Minneapolis, Minnesota.   On December 17, 2025, private plaintiffs -- all residents of Minnesota who had been arrested and/or intimidated by federal agents during Operation Metro Surge -- filed this putative class action lawsuit against the U.S. Department of Homeland Security (DHS), its Secretary Kristi Noem, the Acting Director of Immigration and Customs Enforcement (ICE), and other officials of those a…

This is a lawsuit challenging the actions of DHS and ICE during "Operation Metro Surge" in Minneapolis, Minnesota.  

On December 17, 2025, private plaintiffs -- all residents of Minnesota who had been arrested and/or intimidated by federal agents during Operation Metro Surge -- filed this putative class action lawsuit against the U.S. Department of Homeland Security (DHS), its Secretary Kristi Noem, the Acting Director of Immigration and Customs Enforcement (ICE), and other officials of those agencies in U.S. District Court for the District of Minnesota. In their lawsuit, plaintiffs alleged that the Trump administration was unduly interfering with constitutionally protected activities, including the rights to record, observe, or protest events of public interest, through use of excessive force, threats of force, and arrests. Allegations included that defendants had pepper sprayed, violently subdued, and aimed assault rifles at protesters and observers, and even followed observers home to scare them. Plaintiffs brought claims alleging violations of the First Amendment, including the rights to free speech, free press, and free assembly, as well as unlawful retaliation for exercise of activities protected by the First Amendment. Plaintiffs also brought claims of unlawful seizure, including seizure and arrests without probable cause and unreasonable termination of freedom of movement, as well as use of excessive force in violation of the Fourth Amendment, and for civil conspiracy. They sought to represent a class of: "All persons who do or will in the future record, observe, and/or protest against the DHS immigration operations that have been ongoing in this District since December 4, 2025."  Plaintiffs requested class certification, declaratory relief, a permanent injunction barring the defendants from engaging in the alleged unconstitutional conduct and retaliation, and immediate expungement of records created against the plaintiffs during the Operation.  The was assigned to District Judge Katherine M. Menendez.  

On December 18, 2025, plaintiffs filed a motion for a temporary restraining order, asking the court to temporarily enjoin defendants from: dispersing, threatening, or assaulting members of the plaintiff class without probable cause; using crowd control weapons or firing kinetic impact projectiles or flash-bang grenades if doing so could result in injury, absent threat of immediate harm and/or without warnings; firing tear gas or flash-bang grenades so as to strike members of the class, or firing kinetic impact projectiles or other crowd control weapons at sensitive parts of the bodies, or pointing firearms, absent immediate threat of death or serious bodily injury; directing class members to stop recording federal law enforcement aciivity or agents; instructing class members operating motor vehicles lawfully on public roads to cease; arresting or seizing class members who are not resisting a lawful crowd dispersal order absent specific probable cause supporting custodial arrest.  The requested relief also included requiring visible identification and use of body worn cameras. 

The next day, on December 19, at a status conference, the court converted the motion into a motion for a preliminary injunction, setting a briefing schedule to conclude on January 7, 2026, with a hearing set for January 8, 2026. On January 7, 2026, however, the court cancelled the hearing, to be rescheduled at a later date. On January 8, the plaintiffs filed a motion seeking reconsideration of the court's December 19 decision to convert the motion for a temporary restraining order to one seeking a preliminary injunction, citing "extraordinary circumstances" including reports that an additional 2000 federal agents had been or were being deployed to Minneapolis as well as the killing of Renee Good by an ICE agent on January 7. 

The court heard argument on January 13, 2026, and, on January 16, 2026, granted in part and denied in part the motion for a preliminary injunction. The court enjoined federal agents participating in immigration enforcement activities as part of Operation Metro Surge from taking the following actions against people engaging in peaceful and unobstructive protest activity, including observation: retaliation; arrest or detention without probable cause or reasonable suspicion of a crime or of obstruction or interference; using pepper spray or similar nonlethal munitions and crowd dispersal tools in retaliation for protected conduct; stopping or detaining drivers and passengers in vehicles absent reasonable suspicion of forcible obstruction or interference (and safely following agents at an appropriate distance would not, alone, create sufficient reasonably suspicion).  The injunction will remain in effect until Operation Metro Surge concludes or the conditions change such that it is no longer necessary, upon motion for termination. 

This case is ongoing. 

Summary Authors

Clearinghouse (1/16/2026)

Nick Martire (1/25/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72047643/parties/tincher-v-noem/


Judge(s)
Attorney for Plaintiff

Ahlin-Halverson, Catherine H. (Minnesota)

Evert, Jackson (Minnesota)

Fisher, Caitlinrose H. (Minnesota)

Attorney for Defendant

Flentje, August E.

Expert/Monitor/Master/Other

Ajabu, Mmoja (Minnesota)

show all people

Documents in the Clearinghouse

Document
1

0:25-cv-04669

Class Action Complaint and Demand for a Jury Trial

Tincher et al. v. Noem et al.

Dec. 17, 2025

Dec. 17, 2025

Complaint
19

0:25-cv-04669

Proposed Temporary Restraining Order

Dec. 18, 2025

Dec. 18, 2025

Pleading / Motion / Brief
53

0:25-cv-04669

Letter Motion

Jan. 8, 2026

Jan. 8, 2026

Pleading / Motion / Brief
86

0:25-cv-04669

Judgment in a Civil Case

Jan. 16, 2026

Jan. 16, 2026

Order/Opinion
85

0:25-cv-04669

Order

Jan. 16, 2026

Jan. 16, 2026

Order/Opinion
805435002

26-1105

Emergency Motion for a Stay Pending Appeal and an Immediate Administrative Stay

U.S. Court of Appeals for the Eighth Circuit

Jan. 20, 2026

Jan. 20, 2026

Pleading / Motion / Brief
805436077

26-1105

Order

U.S. Court of Appeals for the Eighth Circuit

Jan. 21, 2026

Jan. 21, 2026

Order/Opinion

2026 WL 160525

805437891

26-1105

Plaintiffs-Appellees' Response to Defendants-Appellants' Emergency Motion for a Stay Pending Appeal and Immediate Administrative Stay and Cross Emergency Motion to Lift the Administrative Stay

U.S. Court of Appeals for the Eighth Circuit

Jan. 22, 2026

Jan. 22, 2026

Pleading / Motion / Brief
805439066-1

26-1105

Plaintiffs-Appellees' Emergency Motion to Immediately Lift the Administrative Stay

U.S. Court of Appeals for the Eighth Circuit

Jan. 24, 2026

Jan. 24, 2026

Pleading / Motion / Brief
805439096

26-1105

Reply in Support of Emergency Motion for a Stay Pending Appeal and Response to Plaintiffs' Emergency Motion to Immediately Lift the Administrative Stay

U.S. Court of Appeals for the Eighth Circuit

Jan. 25, 2026

Jan. 25, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72047643/tincher-v-noem/

Last updated Jan. 31, 2026, 12:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (filing fee $ 405, receipt number BMNDC-12460933) filed by Alan Crenshaw, Janet Lee, John Biestman, Susan Tincher, Lucia Webb, Abdikadir Noor. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A (Declaration of Susan Tincher), # 2 Exhibit(s) B (Declaration of John Biestman), # 3 Exhibit(s) C (Declaration of Janet Lee), # 4 Exhibit(s) D (Declaration of Lucia Webb), # 5 Exhibit(s) E (Declaration of Abdikadir Noor), # 6 Exhibit(s) F (Declaration of Alan Crenshaw), # 7 Exhibit(s) G (Declaration of Dan Engelhart), # 8 Exhibit(s) H (Declaration of Flannery Clark), # 9 Exhibit(s) I (Declaration of Imogen Page), # 10 Exhibit(s) J (Declaration of Katherine Rollins), # 11 Exhibit(s) K (Declaration of Riley Kellermeyer), # 12 Exhibit(s) L (Declaration of Nik Sorenson), # 13 Exhibit(s) M (Declaration of Moriah O'Malley), # 14 Exhibit(s) L (Declaration of Joe Mitchell), # 15 Civil Cover Sheet) (Riach, Kevin) (Entered: 12/17/2025)

1 Exhibit(s) A (Declaration of Susan Tincher)

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2 Exhibit(s) B (Declaration of John Biestman)

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3 Exhibit(s) C (Declaration of Janet Lee)

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4 Exhibit(s) D (Declaration of Lucia Webb)

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5 Exhibit(s) E (Declaration of Abdikadir Noor)

View on RECAP

6 Exhibit(s) F (Declaration of Alan Crenshaw)

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7 Exhibit(s) G (Declaration of Dan Engelhart)

View on RECAP

8 Exhibit(s) H (Declaration of Flannery Clark)

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9 Exhibit(s) I (Declaration of Imogen Page)

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10 Exhibit(s) J (Declaration of Katherine Rollins)

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11 Exhibit(s) K (Declaration of Riley Kellermeyer)

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12 Exhibit(s) L (Declaration of Nik Sorenson)

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13 Exhibit(s) M (Declaration of Moriah O'Malley)

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14 Exhibit(s) L (Declaration of Joe Mitchell)

View on RECAP

15 Civil Cover Sheet

View on PACER

Dec. 17, 2025

Dec. 17, 2025

Clearinghouse
2

NOTICE of Appearance by Robert J Gilbertson on behalf of All Plaintiffs. (Gilbertson, Robert) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

3

NOTICE of Appearance by Caitlinrose H. Fisher on behalf of All Plaintiffs. (Fisher, Caitlinrose) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

4

NOTICE of Appearance by Virginia R McCalmont on behalf of All Plaintiffs. (McCalmont, Virginia) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

5

NOTICE of Appearance by Jackson Evert on behalf of All Plaintiffs. (Evert, Jackson) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

6

NOTICE of Appearance by Rebecca Rogers on behalf of All Plaintiffs. (Rogers, Rebecca) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

7

NOTICE of Appearance by Teresa J Nelson on behalf of All Plaintiffs. (Nelson, Teresa) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

8

NOTICE of Appearance by Catherine H. Ahlin-Halverson on behalf of All Plaintiffs. (Ahlin-Halverson, Catherine) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

9

NOTICE of Appearance by Alicia Lynn Granse on behalf of All Plaintiffs. (Granse, Alicia) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

10

NOTICE of Appearance by Kyle W. Wislocky on behalf of All Plaintiffs. (Wislocky, Kyle) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

11

NOTICE of Appearance by Jacob Fatula Siegel on behalf of All Plaintiffs. (Siegel, Jacob) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

12

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per 3rd/4th Civil Rights list, referred to Magistrate Judge Dulce J. Foster. Please use case number 25-cv-4669 KMM/DJF.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMG) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

13

Summons Issued as to Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents. (MMG) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

14

DECLARATION of Beatriz Leon re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Riach, Kevin) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

15

ORDER OF RECUSAL. Magistrate Judge Dulce J. Foster recused. Case reassigned to Magistrate Judge David T. Schultz for all further proceedings. NOTE: the new case number is 25-cv-4669 KMM/DTS. Please use this case number for all subsequent pleadings. Signed by Magistrate Judge Dulce J. Foster on 12/18/2025.(MMG) (Entered: 12/18/2025)

Dec. 18, 2025

Dec. 18, 2025

RECAP
16

MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb. (Wislocky, Kyle) (Entered: 12/18/2025)

Dec. 18, 2025

Dec. 18, 2025

Clearinghouse
17

NOTICE OF HEARING ON MOTION 16 MOTION for Temporary Restraining Order - Expedited Handling Requested : Date and time to be determined. (Wislocky, Kyle) (Entered: 12/18/2025)

Dec. 18, 2025

Dec. 18, 2025

18

MEMORANDUM in Support re 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wislocky, Kyle) (Entered: 12/18/2025)

Dec. 18, 2025

Dec. 18, 2025

19

PROPOSED ORDER TO JUDGE re Plaintiffs' Motion for Temporary Restraining Order 16 Motion for TRO. (Wislocky, Kyle) (Entered: 12/18/2025)

Dec. 18, 2025

Dec. 18, 2025

Clearinghouse
20

DECLARATION of Kevin C. Riach re 13 Summons Issued by Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Riach, Kevin) (Entered: 12/18/2025)

Dec. 18, 2025

Dec. 18, 2025

21

CERTIFICATE OF SERVICE by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb re 13 Summons Issued, 18 Memorandum in Support of Motion, 19 Proposed Order to Judge - Other, 16 MOTION for Temporary Restraining Order - Expedited Handling Requested, 1 Complaint,,,, 17 Notice of Hearing on Motion (Evert, Jackson) (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

RECAP
22

(Text-Only) The Court will hold an audio-only status conference at 2:00 p.m. to discuss establishing a briefing schedule for the pending Motion for Temporary Restraining Order in this matter. (AJS) (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

23

(Text-Only) MINUTE ENTRY for proceedings held before Judge Katherine M. Menendez on 12/19/2025: Status Conference.Court Reporter: Paula RichterTelephone ConferenceTime: 2:00 p.m./2:33 p.m.Total Time: 33 MinutesAPPEARANCES:For Plaintiff(s): Kyle Wislocky; Alicia Granse; Jackson Evert; Kevin Riach; Rebecca Rogers; Virginia McCalmontFor Defendant(s): Andrew Warden; Ana Voss PROCEEDINGS: The Court held a status conference to discuss scheduling in this matter. (AJS) (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

24

(Text-Only) At the December 19, 2025 status conference, the Court converted Plaintiffs' Motion for a Temporary Restraining Order into a motion for a preliminary injunction. The Court then set the following briefing schedule for the Motion: Defendants' Response is due by January 5, 2026 at 5 p.m. CT; Plaintiffs' Reply is due by January 7, 2026 at 5 p.m. CT. The parties should meet and confer regarding a word limit for these filings, and email the Court about any disagreement. The Court will hold a hearing on the Motion for January 8, 2026 at 9:00 a.m., with an official hearing notice to come. The Court anticipates that this Motion will be determined on the parties' briefs. If either party believes an evidentiary hearing is necessary, it should confer with opposing counsel and file a letter addressing the need for testimony by 5:00 pm CT on January 6, 2026. Ordered by Judge Katherine M. Menendez on 12/19/2025. (ED) Modified text on 12/22/2025 (kt). (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

25

(Text-Only) NOTICE: Motion Hearing set for 1/8/2026 at 09:00 AM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez. (AJS) (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

Order/Notice to Attorney

Dec. 19, 2025

Dec. 19, 2025

26

(Text-Only) Before the Court is a request to file a motion to permit an amicus brief. Proposed amicus indicate that the defendants do not oppose this request. Therefore the request is granted. The motion and proposed brief must be filed by no later than December 31, 2025. Ordered by Judge Katherine M. Menendez on 12/23/2025.(AJS) (Entered: 12/23/2025)

Dec. 23, 2025

Dec. 23, 2025

Order in Response to Letter/Request/E-mail

Dec. 23, 2025

Dec. 23, 2025

27

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Andrew Warden. (KMO) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

28

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Kathleen Jacobs. (KMO) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

29

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Jeremy Newman. (KMO) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

30

TEXT ONLY ENTRY: ORDER granting 27 Motion for Admission Pro Hac Vice of U.S. Government Attorney Andrew Warden for Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies and Unidentified Federal Agents; granting 28 Motion for Admission Pro Hac Vice of U.S. Government Attorney Kathleen Jacobs for Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies and Unidentified Federal Agents; granting 29 Motion for Admission Pro Hac Vice of U.S. Government Attorney Jeremy S. B. Newman for Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies and Unidentified Federal Agents. Approved by Magistrate Judge David T. Schultz on 12/31/2025. (KMO) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

31

Joint MOTION Extension of Word Limit for Preliminary Injunction Briefing re 24 Order/Notice to Attorney,,, 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents. (Jacobs, Kathleen) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

32

PROPOSED ORDER TO JUDGE re 31 Joint MOTION Extension of Word Limit for Preliminary Injunction Briefing re 24 Order/Notice to Attorney,,, 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents.(Jacobs, Kathleen) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

33

DECLARATION of Carla Hennes re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Siegel, Jacob) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

34

DECLARATION of Claire Smith re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Siegel, Jacob) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

35

DECLARATION of Gabrielle Holboy re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Siegel, Jacob) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

36

DECLARATION of Luke Mielke re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Siegel, Jacob) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

37

DECLARATION of Mary Hackman re 1 Complaint,,,, by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Siegel, Jacob) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

38

PROPOSED ORDER TO JUDGE re Preliminary Injunction 16 Motion for TRO. (Siegel, Jacob) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

39

ORDER granting 31 Joint Motion for Extension of Word Limit for Preliminary Injunction Briefing. See Order for details. Signed by Judge Katherine M. Menendez on 12/31/2025. (AJS) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

40

OBJECTION re 36 Declaration, 34 Declaration, 37 Declaration, 33 Declaration, 35 Declaration . (Jacobs, Kathleen) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

41

RESPONSE by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb re 40 Objection of Defendants. (Siegel, Jacob) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

42

MOTION to Appear as Amicus Curiae City of Minneapolis, City of Saint Paul, Hennepin County Attorney's Office, and State of Minnesota, filed by City of Minneapolis. (Attachments: # 1 Exhibit(s) 1 - Memorandum, # 2 Exhibit(s) 2 - Declaration of Heather Robertson and Exhibits, # 3 Exhibit(s) 3 - Declaration of Kelsey McElveen and Exhibits, # 4 Exhibit(s) 4 - Declaration of Eder Castillo)(Robertson, Heather) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

43

PROPOSED ORDER TO JUDGE re 42 MOTION to Appear as Amicus Curiae City of Minneapolis, City of Saint Paul, Hennepin County Attorney's Office, and State of Minnesota, filed by City of Minneapolis.(Robertson, Heather) (Entered: 12/31/2025)

Dec. 31, 2025

Dec. 31, 2025

Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney AND Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney AND Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney

Dec. 31, 2025

Dec. 31, 2025

44

(Text-Only) On December 31, 2025, the plaintiffs filed several additional declarations in support of their previously filed Motion for a Preliminary Injunction. (ECF 33, 34, 35, 36, 37.) The defendants object to the filing of those declarations. (ECF 40.) The Court has reviewed the declarations and the objection, and grants the objection in limited part. The defendants may file a supplemental response of no more than five pages solely focused on responding to the declarations. Defendants may also submit such responsive declarations as necessary, again solely focused on the declarations filed on December 31. Both filings must be submitted no later than noon CT on Wednesday, January 7, 2026. Ordered by Judge Katherine M. Menendez on 1/2/2026. (ED) (Entered: 01/02/2026)

Jan. 2, 2026

Jan. 2, 2026

45

ORDER denying 42 Motion to Appear as Amicus Curiae. (Written Opinion) Signed by Judge Katherine M. Menendez on 1/2/2026. (BP)

Jan. 2, 2026

Jan. 2, 2026

RECAP

Order/Notice to Attorney

Jan. 2, 2026

Jan. 2, 2026

46

MEMORANDUM in Opposition re 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents. (Attachments: # 1 Exhibit(s), # 2 LR7.1/LR72.2 Word Count Compliance Certificate)(Jacobs, Kathleen) (Entered: 01/05/2026)

Jan. 5, 2026

Jan. 5, 2026

RECAP
47

DECLARATION of David Easterwood in Opposition to 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents.(Jacobs, Kathleen) (Entered: 01/05/2026)

Jan. 5, 2026

Jan. 5, 2026

48

RESPONSE re 36 Declaration, 34 Declaration, 44 Order/Notice to Attorney,,, 37 Declaration, 33 Declaration, 35 Declaration filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents.(Jacobs, Kathleen) (Entered: 01/07/2026)

Jan. 7, 2026

Jan. 7, 2026

RECAP
49

(Text-Only) NOTICE: The hearing on Plaintiffs' Motion for a Preliminary Injunction scheduled for January 8 at 9 a.m. is cancelled. The Court will contact the parties to reschedule the hearing for the near future. Ordered by Judge Katherine M. Menendez on 1/7/2026. (ED) (Entered: 01/07/2026)

Jan. 7, 2026

Jan. 7, 2026

50

RESPONSE in Support re 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate, # 2 Placeholder for Exhibit 1)(Wislocky, Kyle) (Entered: 01/07/2026)

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

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2 Placeholder for Exhibit 1

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Jan. 7, 2026

Jan. 7, 2026

RECAP
51

CERTIFICATE OF SERVICE by John Biestman, City of Minneapolis, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb re 50 Response in Support of Motion, Exhibit 1 (Wislocky, Kyle) (Entered: 01/07/2026)

Jan. 7, 2026

Jan. 7, 2026

Order/Notice to Attorney

Jan. 7, 2026

Jan. 7, 2026

52

EXPEDITED DAILY TRANSCRIPT SERVICES REQUEST to Court Reporter Paula Richter. (Fisher, Caitlinrose) (Entered: 01/08/2026)

Jan. 8, 2026

Jan. 8, 2026

53

LETTER to Request Permission to File Motion to Reconsider . (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(McCalmont, Virginia) (Entered: 01/08/2026)

1 Exhibit(s) A

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2 Exhibit(s) B

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3 Exhibit(s) C

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Jan. 8, 2026

Jan. 8, 2026

Clearinghouse
54

(Text-Only) NOTICE: Motion Hearing set for 1/13/2026 at 09:00 AM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez. (AJS) (Entered: 01/09/2026)

Jan. 9, 2026

Jan. 9, 2026

55

(Text-Only) NOTICE: Remote Hearing Access Available for Credentialed Members of the Media. Members of the media should submit the request at the following link by 12:00 p.m. on January 12, 2026.Media Access Request Ordered by Judge Katherine M. Menendez on 1/9/2026.(AJS) (Entered: 01/09/2026)

Jan. 9, 2026

Jan. 9, 2026

56

TRANSCRIPT of Status Conference held on 12/19/2025 before Judge Katherine M. Menendez. (22 pages). Court Reporter: Paula Richter. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 21 days to file a Statement of 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. Statement of Redaction due 1/30/2026. Redacted Transcript Deadline set for 2/9/2026. Release of Transcript Restriction set for 4/9/2026. (PKR) (Entered: 01/09/2026)

Jan. 9, 2026

Jan. 9, 2026

57

RESPONSE re 53 Letter to Request Permission to File Motion to Reconsider filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem.(Newman, Jeremy) (Entered: 01/09/2026)

Jan. 9, 2026

Jan. 9, 2026

RECAP

Order/Notice to Attorney

Jan. 9, 2026

Jan. 9, 2026

58

Declaration of Christopher Lee Beal in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

RECAP
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Declaration of Wesley Burdine in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

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Declaration of Troy Carrillo in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

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Declaration of Theresa Del Rosario in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

62

Declaration of Thomas Ett in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

63

Declaration of Elizabeth Jackson in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

64

Declaration of Christopher Juhn in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

65

Declaration of Kirsten Koerth in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

66

Declaration of Ann Kreitman in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

67

Declaration of Judith Levy in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

68

Declaration of Hallie Patterson in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

69

Declaration of Abigail Salm in Support of 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb.(Fisher, Caitlinrose) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

70

(Text-Only) MINUTE ENTRY for proceedings held before Judge Katherine M. Menendez on 1/13/2026: Oral Arguments Motion Hearing.Court Reporter: Janell GruberMinneapolis Courthouse, Courtroom 14WTime: 9:00 a.m.11:29 a.m.Total Time: 2 hours, 29 minutesAPPEARANCES:For Plaintiff(s): Kyle Wislocky; Jacob Fatula Siegel; Caitlinrose Fisher; Virginia McCalmontFor Defendant(s): Jeremy Newman; Kathleen Jacobs PROCEEDINGS: Hearing on: 16 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Abdikadir Noor, Janet Lee, Susan Tincher, Alan Crenshaw, Lucia Webb, John Biestman. The Court held a hearing on the pending Motion for Preliminary Injunction, and took the motion under advisement. The parties have until 6 p.m. CT today to file a letter brief of up to three pages discussing the Court's authority to order the parties to submit any videos the parties have in their possession of incidences involving the named Plaintiffs. Further, Defendants have until 12:00 p.m. CT on January 15, 2026 to file a response to Plaintiffs' recently filed declarations (ECF 58-69). (ED) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

71

TRANSCRIPT REQUEST for an Expedited Hourly Transcript (within 2 hours) of 70 Motion Hearing,,,,, to Court Reporter Janell Gruber. (ACO) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

72

EXPEDITED DAILY TRANSCRIPT SERVICES REQUEST to Court Reporter Janell Gruber. (McCalmont, Virginia) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

73

LETTER TO DISTRICT JUDGE by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb . (Wislocky, Kyle) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

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74

LETTER TO DISTRICT JUDGE by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents . (Jacobs, Kathleen) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

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75

(Text-Only) The Court appreciates the letters filed regarding the submission of relevant video recordings. The parties must file any video evidence of the incidents alleged by the named Plaintiffs in the parties' possession by 6:00 p.m. CT tonight. Either party may file all or portions of the videos under seal if needed, and the Court will then set a schedule for briefing regarding whether any sealed submissions should remain under seal. Ordered by Judge Katherine M. Menendez on 1/14/2026. (ED) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

76

LETTER TO DISTRICT JUDGE by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb in Response to ECF 70. (Attachments: # 1 Placeholder for Ex. 1, # 2 Placeholder for Ex. 2, # 3 Placeholder for Ex. 3, # 4 Placeholder for Ex. 4, # 5 Placeholder for Ex. 5, # 6 Placeholder for Ex. 6, # 7 Placeholder for Ex. 7, # 8 Placeholder for Ex. 8, # 9 Placeholder for Ex. 9, # 10 Placeholder for Ex. 10)(Wislocky, Kyle) (Entered: 01/14/2026)

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8 Placeholder for Ex. 8

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9 Placeholder for Ex. 9

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Jan. 14, 2026

Jan. 14, 2026

77

CERTIFICATE OF SERVICE by John Biestman, Alan Crenshaw, Janet Lee, Abdikadir Noor, Susan Tincher, Lucia Webb re 76 Letter to District Judge, (Wislocky, Kyle) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

78

RESPONSE by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents re 75 Order in Response to Letter/Request/E-mail,, . (Jacobs, Kathleen) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

79

SEALED EXHIBIT Exhibit A re 78 Response, by all Defendants. (Attachments: # 1 Exhibit(s) B, # 2 Exhibit(s) C)(Jacobs, Kathleen) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

80

CERTIFICATE OF SERVICE by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents re 79 Exhibit, 78 Response, (Jacobs, Kathleen) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

81

TRANSCRIPT of Motions Hearing held on 1/13/2026 before Judge Katherine M. Menendez. (99 pages). Court Reporter: Janell Gruber. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 21 days to file a Statement of 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. Statement of Redaction due 2/4/2026. Redacted Transcript Deadline set for 2/17/2026. Release of Transcript Restriction set for 4/14/2026. (JMG) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

Order in Response to Letter/Request/E-mail

Jan. 14, 2026

Jan. 14, 2026

82

RESPONSE re 65 Declaration in Support, 69 Declaration in Support, 66 Declaration in Support, 58 Declaration in Support, 63 Declaration in Support, 59 Declaration in Support, 67 Declaration in Support, 61 Declaration in Support, 62 Declaration in Support, 64 Declaration in Support, 68 Declaration in Support, 60 Declaration in Support, filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem.(Newman, Jeremy) (Entered: 01/15/2026)

Jan. 15, 2026

Jan. 15, 2026

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DECLARATION of Kyle C. Harvick in Opposition to 16 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem.(Newman, Jeremy) (Entered: 01/15/2026)

Jan. 15, 2026

Jan. 15, 2026

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EXPEDITED HOURLY TRANSCRIPT SERVICES REQUEST to Court Reporter Janell Gruber. (Jacobs, Kathleen) (Entered: 01/16/2026)

Jan. 16, 2026

Jan. 16, 2026

85

ORDER granting in part and denying in part 16 Motion for Preliminary Injunction. (Written Opinion) Signed by Judge Katherine M. Menendez on 1/16/2026. (Entered: 01/16/2026)

Jan. 16, 2026

Jan. 16, 2026

Clearinghouse
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JUDGMENT (Attachments: # 1 Civil Notice - appeal)(kt) (Entered: 01/16/2026)

1 Civil Notice - appeal

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Jan. 16, 2026

Jan. 16, 2026

Clearinghouse
87

NOTICE OF APPEAL TO 8TH CIRCUIT as to 86 Judgment, 85 Order on Motion for TRO by Marcos Charles, John Condon, Department Of Homeland Security, The, David Easterwood, Todd Lyons, Kristi Noem, Unidentified Federal Agencies, Unidentified Federal Agents. (Warden, Andrew) (Entered: 01/19/2026)

Jan. 19, 2026

Jan. 19, 2026

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TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit, 87 . (ABR) (Entered: 01/19/2026)

Jan. 19, 2026

Jan. 19, 2026

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(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Transcript 56, Transcript 81 . (ABR) (Entered: 01/19/2026)

Jan. 19, 2026

Jan. 19, 2026

90

USCA Case Number 26-1105 for 87 Notice of Appeal to 8th Circuit, filed by John Condon, David Easterwood, Todd Lyons, Department Of Homeland Security, The, Kristi Noem, Unidentified Federal Agents, Marcos Charles, Unidentified Federal Agencies. (MMG) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

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MOTION to Appear as Amicus Curiae filed by Mmoja Ajabu. (Attachments: # 1 Envelope)(MMG) (Entered: 01/21/2026)

Jan. 20, 2026

Jan. 20, 2026

94

AMICUS BRIEF re 93 MOTION to Appear as Amicus Curiae filed by Mmoja Ajabu.(MMG) (Entered: 01/21/2026)

Jan. 20, 2026

Jan. 20, 2026

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CERTIFICATE OF SERVICE by Mmoja Ajabu re 93 MOTION to Appear as Amicus Curiae, 94 Amicus Brief (MMG) (Entered: 01/21/2026)

Jan. 20, 2026

Jan. 20, 2026

Case Details

State / Territory:

Minnesota

Case Type(s):

Speech and Religious Freedom

Policing

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Dec. 17, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Residents of Minnesota, seeking to represent a class of "All persons who do or will in the future record, observe, and/or protest against the DHS immigration operations that have been ongoing in this District since December 4, 2025."

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

U.S. Department of Homeland Security (- United States (national) -), Federal

U.S. Immigration and Customs Enforcement (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

District of Minnesota 0:25-cv-04669

U.S. Court of Appeals for the Eighth Circuit 26-1105

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Retaliation Prohibition

Issues

Policing:

Excessive force

Pepper/OC Spray (policing)