Case: Minnesota Bureau of Criminal Apprehension v. Noem

0:26-00628 | U.S. District Court for the District of Minnesota

Filed Date: Jan. 24, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

Hours after the fatal shooting of Alex Pretti in Minneapolis on January 24, 2026, state and local authorities sued the Trump Administration seeking access to potential evidence, and to enjoin that evidence's destruction by federal officials.   The case was filed by the Minnesota Bureau of Criminal Apprehension (BCA) and Hennepin County Attorney’s Office (HCAO) in the U.S. District Court  for the District of Minnesota. It was prompted by a shooting on the morning of January 24, 2026, when federa…

Hours after the fatal shooting of Alex Pretti in Minneapolis on January 24, 2026, state and local authorities sued the Trump Administration seeking access to potential evidence, and to enjoin that evidence's destruction by federal officials.  

The case was filed by the Minnesota Bureau of Criminal Apprehension (BCA) and Hennepin County Attorney’s Office (HCAO) in the U.S. District Court  for the District of Minnesota. It was prompted by a shooting on the morning of January 24, 2026, when federal officers,  deployed for federal immigration enforcement agents, fatally shot Pretti, who was apparently observing immigration enforcement operations. The complaint alleged that BCA personnel headed to the scene to investigate the incident, but federal personnel ordered Minnesota law enforcement to leave, denying them immediate access to critical evidence necessary to investigate crimes under state law. Then, the complaint said, just a few hours after the shooting, federal personnel left, allowing the crime scene perimeter to collapse and potentially spoiling evidence. The defendants were the U.S. Department of Homeland Security and several officials. 

The case was assigned to Judge Eric Tostrud. 

Represented by the Minnesota Attorney General's office and Hennepin County Attorney, the plaintiffs’ claims were violation of the Constitution’s Tenth Amendment and of the Administrative Procedure Act for arbitrary and otherwise unlawful conduct..  The plaintiffs sought immediate relief:

  • A declaration that the defendants’ ongoing denial of plaintiffs’ access to evidence relevant to the fatal shooting on January 24, 2026, is unconstitutional and unlawful
  • An injunction barring defendants from destroying, altering, or concealing evidence, and allowing plaintiffs access to the evidence
  • Attorneys' fees and costs. 

That same day, Judge Tostrud granted a Temporary Restraining Order, enjoining federal officials from “destroying or altering evidence related to the fatal shooting involving federal officers that took place in or around 26th Street and Nicollet Avenue in Minneapolis on January 24, 2026, including but not limited to evidence that Defendants and those working on their behalf removed from the scene and/or evidence that Defendants have taken into their exclusive custody.” 

Fuller briefing is due on January 26.  This case is ongoing.

Summary Authors

Clearinghouse (1/25/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72185880/parties/minnesota-bureau-of-criminal-apprehension-v-noem/


Judge(s)

Tostrud, Eric Christian (Minnesota)

Attorney for Plaintiff

Diegel, Clare A. (Minnesota)

Farrell, Peter J (Minnesota)

Richie, Joseph Robert (Minnesota)

show all people

Documents in the Clearinghouse

Document
1

0:26-00628

Complaint

Jan. 24, 2026

Jan. 24, 2026

10

0:26-00628

Order on Motion for TRO

Jan. 24, 2026

Jan. 24, 2026

2

0:26-00628

Motion for TRO

Jan. 24, 2026

Jan. 24, 2026

4

0:26-00628

Memorandum in Support of Motion

Jan. 24, 2026

Jan. 24, 2026

5

0:26-00628

Declaration in Support

Jan. 24, 2026

Jan. 24, 2026

5-1

0:26-00628

Exhibit(s) A

Jan. 24, 2026

Jan. 24, 2026

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72185880/minnesota-bureau-of-criminal-apprehension-v-noem/

Last updated Jan. 25, 2026, 11:35 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (filing fee $ 405, receipt number AMNDC-12575332) filed by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Farrell, Peter) (Entered: 01/24/2026)

1 Civil Cover Sheet

View on PACER

Jan. 24, 2026

Jan. 24, 2026

Clearinghouse
2

MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension. (Farrell, Peter) (Entered: 01/24/2026)

Jan. 24, 2026

Jan. 24, 2026

Clearinghouse
3

NOTICE OF HEARING ON MOTION 2 MOTION for Temporary Restraining Order - Expedited Handling Requested : Date and time to be determined. (Farrell, Peter) (Entered: 01/24/2026)

Jan. 24, 2026

Jan. 24, 2026

RECAP
4

MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Farrell, Peter) (Entered: 01/24/2026)

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

View on PACER

Jan. 24, 2026

Jan. 24, 2026

Clearinghouse
5

Declaration of Drew Evans in Support of 2 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension. (Attachments: # 1 Exhibit(s) A)(Farrell, Peter) (Entered: 01/24/2026)

1 Exhibit(s) A

View on Clearinghouse

Jan. 24, 2026

Jan. 24, 2026

Clearinghouse
6

PROPOSED ORDER TO JUDGE re 2 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension.(Farrell, Peter) (Entered: 01/24/2026)

Jan. 24, 2026

Jan. 24, 2026

RECAP
7

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per Civil (3rd, 4th - Master) list, referred to Magistrate Judge David T. Schultz. Please use case number 26-cv-628 ECT/DTS.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (ACH) (Entered: 01/24/2026)

Jan. 24, 2026

Jan. 24, 2026

8

Summons Issued as to Gregory Bovino, Marcos Charles, John Condon, Todd Lyons, Kristi Noem, Rodney Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (ACH) (Entered: 01/24/2026)

Jan. 24, 2026

Jan. 24, 2026

RECAP
9

Summons Issued as to Pamela Bondi, David Easterwood, Kashyap Patel. (ACH) (Entered: 01/24/2026)

Jan. 24, 2026

Jan. 24, 2026

RECAP
10

ORDER: Plaintiffs' Motion for a Temporary Restraining Order 2 is GRANTED. See Order for specifics and deadlines. Signed by Judge Eric C. Tostrud on 1/24/2026. (RMM) (Entered: 01/24/2026)

Jan. 24, 2026

Jan. 24, 2026

Clearinghouse

*** Set/Reset Hearings: Hearing set for 1/26/2026 at 02:00 PM in Courtroom 7D (STP) before Judge Eric C. Tostrud. (MKB)

Jan. 24, 2026

Jan. 24, 2026

Case Details

State / Territory:

Minnesota

Case Type(s):

Policing

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Jan. 24, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Minnesota Bureau of Criminal Apprehension and Hennepin County Attorney

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Other Dockets:

District of Minnesota 0:26-00628

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Document/Information

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

None yet

Content of Injunction:

Preliminary relief granted

Required disclosure

Issues

Immigration/Border:

Sanctuary city/state

Policing:

Excessive force