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

Closed Date: March 24, 2026

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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…

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, including:

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.”

After briefing and a hearing, the court dissolved its previous Temporary Restraining Order on February 2, 2026, and denied Plaintiffs’ requests for further relief through another TRO. 2026 WL 266463. The court found that “the greater weight of the evidence shows Defendants are not likely to destroy or improperly alter evidence related to Mr. Pretti’s shooting during the life of this case, and other relevant considerations do not on balance favor a continuing preservation order.”

On March 24, 2026, Plaintiffs voluntarily dismissed this action without prejudice.

This case is closed.

Summary Authors

Clearinghouse (1/25/2026)

Nick Martire (1/25/2026)

Madena Mustafa (2/18/2026)

Allison Opheim (4/17/2026)

People

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

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)

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)

Warden, Andrew (Minnesota)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 0:26-00628	Complaint	Jan. 24, 2026	Jan. 24, 2026 Complaint
10 0:26-00628	Order	Jan. 24, 2026	Jan. 24, 2026 Order/Opinion
2 0:26-00628	Motion for Temporary Restraining Order	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
5-1 0:26-00628	Exhibit A	Jan. 24, 2026	Jan. 24, 2026 Pleading / Motion / Brief
24 0:26-00628	Order and Order	Feb. 2, 2026	Feb. 2, 2026 Order/Opinion 2026 WL 266463
32 0:26-00628	Notice of Voluntary Dismissal	March 24, 2026	March 24, 2026 Pleading / Motion / Brief

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Docket

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

Last updated July 22, 2026, 3:34 a.m.

ECF Number	Date	Description	Link
1	Jan. 24, 2026	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	Clearinghouse
2	Jan. 24, 2026	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)	Clearinghouse
3	Jan. 24, 2026	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)	RECAP
4	Jan. 24, 2026	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	Clearinghouse
5	Jan. 24, 2026	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	Clearinghouse
6	Jan. 24, 2026	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)	RECAP
7	Jan. 24, 2026	(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)	RECAP
8	Jan. 24, 2026	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)	RECAP
9	Jan. 24, 2026	Summons Issued as to Pamela Bondi, David Easterwood, Kashyap Patel. (ACH) (Entered: 01/24/2026)	RECAP
10	Jan. 24, 2026	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)	Clearinghouse
	Jan. 24, 2026	*** Set/Reset Hearings: Hearing set for 1/26/2026 at 02:00 PM in Courtroom 7D (STP) before Judge Eric C. Tostrud. (MKB)
11	Jan. 25, 2026	LETTER TO DISTRICT JUDGE by Minnesota Bureau of Criminal Apprehension . (Richie, Joseph) (Entered: 01/25/2026)	RECAP
12	Jan. 26, 2026	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)	RECAP
13	Jan. 26, 2026	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)	RECAP
14	Jan. 26, 2026	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)	RECAP
15	Jan. 26, 2026	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 View on RECAP 2 Egerton Declaration View on RECAP 3 FBI Declaration View on RECAP	RECAP
16	Jan. 26, 2026	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)	RECAP
17	Jan. 26, 2026	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)	RECAP
18	Jan. 26, 2026	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)	RECAP
19	Jan. 26, 2026	SEALED EXHIBIT - FBI Declaration re 14 Brief, filed by Federal Defendants.(Warden, Andrew) (Entered: 01/26/2026)	RECAP
20	Jan. 26, 2026	(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)	RECAP
	Jan. 26, 2026	Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney
21	Jan. 27, 2026	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) View on RECAP 2 Exhibit(s) B (X Post) View on RECAP 3 Exhibit(s) C (Quote) View on RECAP 4 Exhibit(s) D (NY Times) View on RECAP 5 Exhibit(s) E (Truth Social) View on RECAP 6 Exhibit(s) F (Article) View on RECAP 7 Exhibit(s) G (Article) View on RECAP	RECAP
22	Jan. 29, 2026	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)	RECAP
23	Jan. 29, 2026	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)	RECAP
24	Feb. 2, 2026	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)	Clearinghouse
25	Feb. 2, 2026	JUDGMENT (Attachments: # 1 Civil Notice - appeal)(ACH) (Entered: 02/02/2026) 1 Civil Notice - appeal View on PACER	RECAP
26	Feb. 4, 2026	TRANSCRIPT REQUEST for an Expedited 3-Day Transcript of 20 Motion Hearing, to Court Reporter Tim Willette. (ACO) (Entered: 02/04/2026)	RECAP
27	Feb. 5, 2026	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)	RECAP
28	Feb. 5, 2026	TRANSCRIPT REQUEST. (Farrell, Peter) (Entered: 02/05/2026)	RECAP
29	March 23, 2026	Consent MOTION for Extension of Time to File Answer 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 LR7.1/LR72.2 Word Count Compliance Certificate)(Warden, Andrew) (Entered: 03/23/2026)	RECAP
30	March 23, 2026	MEET and CONFER STATEMENT re 29 Motion for Extension of Time to File Answer, 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: 03/23/2026)	RECAP
31	March 23, 2026	PROPOSED ORDER TO JUDGE re 29 Consent MOTION for Extension of Time to File Answer 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: 03/23/2026)	RECAP
32	March 24, 2026	NOTICE of Voluntary Dismissal by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension (Richie, Joseph) (Entered: 03/24/2026)	Clearinghouse

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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

Immigration Enforcement

Key Dates

Filing Date: Jan. 24, 2026

Closing Date: March 24, 2026

Case Ongoing: No

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

Federal

Department of Homeland Security

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:

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

Recommended Citation

Case Summary of Minnesota Bureau of Criminal Apprehension v. Noem, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47746/ (last updated 4/17/2026).