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)

Nick Martire (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)

Attorney for Defendant

Siekert, Friedrich A. (Minnesota)

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Documents in the Clearinghouse

Document
5-1

0:26-00628

Exhibit A

Jan. 24, 2026

Jan. 24, 2026

Pleading / Motion / Brief
4

0:26-00628

Memorandum in Support of TRO

Jan. 24, 2026

Jan. 24, 2026

Pleading / Motion / Brief
5

0:26-00628

Declaration of Drew Evans

Jan. 24, 2026

Jan. 24, 2026

Pleading / Motion / Brief
2

0:26-00628

Motion for Temporary Restraining Order

Jan. 24, 2026

Jan. 24, 2026

Pleading / Motion / Brief
10

0:26-00628

Order

Jan. 24, 2026

Jan. 24, 2026

Order/Opinion
1

0:26-00628

Complaint

Jan. 24, 2026

Jan. 24, 2026

Complaint

Docket

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

Last updated Feb. 14, 2026, 12:07 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

11

LETTER TO DISTRICT JUDGE by Minnesota Bureau of Criminal Apprehension . (Richie, Joseph) (Entered: 01/25/2026)

Jan. 25, 2026

Jan. 25, 2026

RECAP
12

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Andrew I. Warden filed by Pamela Bondi, Gregory Bovino, Marcos Charles, John Condon, David Easterwood, Todd Lyons, Kristi Noem, Kashyap Patel, Rodney Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Warden, Andrew) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

RECAP
13

NOTICE of Appearance by Friedrich A. P. Siekert on behalf of Pamela Bondi, Gregory Bovino, Marcos Charles, John Condon, David Easterwood, Todd Lyons, Kristi Noem, Kashyap Patel, Rodney Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Siekert, Friedrich) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

RECAP
14

BRIEF In Opposition re 2 Motion For Temporary Restraining Order filed by Pamela Bondi, Gregory Bovino, Marcos Charles, John Condon, David Easterwood, Todd Lyons, Kristi Noem, Kashyap Patel, Rodney Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Warden, Andrew) Modified text on 1/26/2026 (ACH). (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

RECAP
15

EXHIBIT LIST & SUPPORTING DECLARATIONS re 14 Brief, filed by Pamela Bondi, Gregory Bovino, Marcos Charles, John Condon, David Easterwood, Todd Lyons, Kristi Noem, Kashyap Patel, Rodney Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Zito Declaration, # 2 Egerton Declaration, # 3 FBI Declaration)(Warden, Andrew) (Entered: 01/26/2026)

1 Zito Declaration

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2 Egerton Declaration

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3 FBI Declaration

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Jan. 26, 2026

Jan. 26, 2026

RECAP
16

LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Pamela Bondi, Gregory Bovino, Marcos Charles, John Condon, David Easterwood, Todd Lyons, Kristi Noem, Kashyap Patel, Rodney Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re 14 Brief,. (Warden, Andrew) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

17

TEXT ONLY ENTRY: ORDER granting 12 Motion for Admission Pro Hac Vice of U.S. Government Attorney Andrew Warden for Pamela Bondi, for Gregory Bovino, for Marcos Charles, for John Condon, for David Easterwood, for Todd Lyons, for Kristi Noem, for Kashyap Patel, for Rodney Scott, for U.S. Border Patrol, for U.S. Customs and Border Protection, for U.S. Department of Homeland Security, for U.S. Immigration and Customs Enforcement.Approved by Magistrate Judge David T. Schultz on 1/26/2026. (CNO) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

18

Motion Regarding Continued Sealing 19 filed by Pamela Bondi, Gregory Bovino, Marcos Charles, John Condon, David Easterwood, Todd Lyons, Kristi Noem, Kashyap Patel, Rodney Scott, U.S. Border Patrol, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Warden, Andrew) Modified text on 1/27/2026 (CLK). (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

RECAP
19

SEALED EXHIBIT - FBI Declaration re 14 Brief, filed by Federal Defendants.(Warden, Andrew) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

20

(Text-Only) MINUTE ENTRY for proceedings held before Judge Eric C. Tostrud on 1/26/2026: Oral Arguments Motion Hearing.Court Reporter: Tim WilletteSt. Paul Courthouse, Courtroom 7DTime: 2:00 PM - 2:59 PMTotal Time: 59 MinutesAPPEARANCES:For Plaintiff(s): Peter Farrell, Joseph Richie and Clare DiegelFor Defendant(s): Fredrich Siekert PROCEEDINGS: Hearing on: 2 MOTION for Temporary Restraining Order filed by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension. The motion was moved, argued and taken under advisement. Order to follow. (RMM) (Entered: 01/26/2026)

Jan. 26, 2026

Jan. 26, 2026

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

Jan. 26, 2026

Jan. 26, 2026

21

Declaration of Peter J. Farrell 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 (X Post), # 2 Exhibit(s) B (X Post), # 3 Exhibit(s) C (Quote), # 4 Exhibit(s) D (NY Times), # 5 Exhibit(s) E (Truth Social), # 6 Exhibit(s) F (Article), # 7 Exhibit(s) G (Article))(Farrell, Peter) (Entered: 01/27/2026)

1 Exhibit(s) A (X Post)

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2 Exhibit(s) B (X Post)

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3 Exhibit(s) C (Quote)

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4 Exhibit(s) D (NY Times)

View on RECAP

5 Exhibit(s) E (Truth Social)

View on RECAP

6 Exhibit(s) F (Article)

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7 Exhibit(s) G (Article)

View on RECAP

Jan. 27, 2026

Jan. 27, 2026

RECAP
22

CERTIFICATE OF SERVICE by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension re 1 Complaint, 2 MOTION for Temporary Restraining Order - Expedited Handling Requested, 8 Summons Issued, 9 Summons Issued, 3 Notice of Hearing on Motion, 6 Proposed Order to Judge, 5 Declaration in Support, 4 Memorandum in Support of Motion, (Richie, Joseph) (Entered: 01/29/2026)

Jan. 29, 2026

Jan. 29, 2026

RECAP
23

CERTIFICATE OF SERVICE by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension re 1 Complaint, 2 MOTION for Temporary Restraining Order - Expedited Handling Requested, 8 Summons Issued, 9 Summons Issued, 3 Notice of Hearing on Motion, 6 Proposed Order to Judge, 5 Declaration in Support, 4 Memorandum in Support of Motion, (Richie, Joseph) (Entered: 01/29/2026)

Jan. 29, 2026

Jan. 29, 2026

RECAP
24

OPINION AND ORDER: The Temporary Restraining Order dated January 24, 2026 10 is DISSOLVED. To the extent Plaintiffs seek further relief through their Motion for a Temporary Restraining Order 2, Plaintiffs' request is DENIED. This denial is without prejudice to any future motion Plaintiffs may file should they believe circumstances have changed or narrower relief is required. Defendants' Motion to Seal FBI Declaration 18 is GRANTED. LET JUDGMENT BE ENTERED ACCORDINGLY. See Order for specifics. (Written Opinion). Signed by Judge Eric C. Tostrud on 2/2/2026. (RMM) (Entered: 02/02/2026)

Feb. 2, 2026

Feb. 2, 2026

RECAP
25

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(ACH) (Entered: 02/02/2026)

1 Civil Notice - appeal

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Feb. 2, 2026

Feb. 2, 2026

RECAP
26

TRANSCRIPT REQUEST for an Expedited 3-Day Transcript of 20 Motion Hearing, to Court Reporter Tim Willette. (ACO) (Entered: 02/04/2026)

Feb. 4, 2026

Feb. 4, 2026

27

TRANSCRIPT of Hearing on Temporary Restraining Order held on 1/26/2026 before Judge Eric C. Tostrud. (43 pages). Court Reporter: Tim Willette. 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 2/26/2026. Redacted Transcript Deadline set for 3/9/2026. Release of Transcript Restriction set for 5/6/2026. (TJW) (Entered: 02/05/2026)

Feb. 5, 2026

Feb. 5, 2026

28

TRANSCRIPT REQUEST. (Farrell, Peter) (Entered: 02/05/2026)

Feb. 5, 2026

Feb. 5, 2026

Case Details

State / Territory:

Minnesota

Case Type(s):

Policing

Immigration and/or the Border

Special Collection(s):

Operation Metro Surge

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

Content of Injunction:

Preliminary relief granted

Required disclosure

Issues

Immigration/Border:

Sanctuary city/state

Policing:

Excessive force