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Case Name Goyette v. Minneapolis PN-MN-0005
Docket / Court 0:20-cv-01302-WMW-DTS ( D. Minn. )
State/Territory Minnesota
Case Type(s) Policing
Special Collection Police Violence Protests (Spring/Summer 2020)
Post-WalMart decisions on class certification
Attorney Organization ACLU Affiliates (any)
Case Summary
This lawsuit was filed on June 2, 2020 in the U.S. District Court for the District of Minnesota. The case arose out of the 2020 protests that began after Minneapolis police killed George Floyd. The plaintiffs in this case alleged that Minneapolis police targeted journalists covering the protests in ... read more >
This lawsuit was filed on June 2, 2020 in the U.S. District Court for the District of Minnesota. The case arose out of the 2020 protests that began after Minneapolis police killed George Floyd. The plaintiffs in this case alleged that Minneapolis police targeted journalists covering the protests in violation of the First, Fourth, and Fourteenth Amendments. The original complaint sought class certification for a class consisting of "all members of the news media ... who intend to engage in news gathering or reporting activities in Minnesota related to the protest activities that followed the death of George Floyd and the law enforcement response to those protests." Defendants included various city and state officials and the City of Minneapolis.

The complaint alleged that police actions against the plaintiffs constituted retaliation in violation of the First Amendment, unlawful seizure and excessive force in violation of the Fourth Amendment, and unlawful arrests violating the procedural Due Process Clause in the Fourteenth Amendment. Plaintiffs sought a temporary restraining order (TRO), a preliminary injunction, a permanent injunction, class certification, declaratory relief, money damages with interest, and attorneys' fees. They also submitted separate motions for class certification and an expedited motion for a temporary restraining order. The case was assigned to Judge Wilhelmina M. Wright and referred to Magistrate Judge David T. Schultz.

On June 5, 2020, defendants opposed plaintiffs' motions for class certification and the TRO. Three days later plaintiffs amended their complaint to add an individual plaintiff and to add the Communications Workers of America as a plaintiff.

The next day, Judge Wright issued an order denying class certification and denying the TRO. Regarding class certification, Judge Wright stated that the plaintiffs would need to wait for more discovery to happen. On the TRO, Judge Wright said that there was no evidence, nor did plaintiffs allege, that the behavior plaintiffs sought to enjoin was persistent beyond May 31, 2020. To grant the TRO, the behavior plaintiffs sought to enjoin must have been "imminent." 2020 WL 3056705.

Before defendants could respond to the complaint, the plaintiffs filed a second amended complaint on July 30, 2020. The new complaint added charges of civil conspiracy to deprive rights, failure to intervene in defense of rights, violations of Due Process under the Fifth and Fourteenth Amendments, and another count of violating the First Amendment, this time via a theory on retaliation.

The plaintiffs filed another motion for a TRO on April 14, 2021, seeking to enjoin the State Defendants from using physical force and chemical agents (like pepper spray and tear gas) against journalists, and prohibiting the defendants from seizing photographic equipment. Judge Wright granted the motion two days later and noted that the order would expire two weeks later. 338 F.R.D. 109. On April 29, Judge Wright extended the TRO to May 7, 2021, then extended it again to May 14. Meanwhile, the plaintiffs also filed a motion for a preliminary injunction.

On July 29, 2021, the court denied defendants' multiple motions to dismiss in all regards except for the Fifth Amendment due process claim. 2021 WL 3222495. The court noted that the Fifth Amendment only applies to federal actors; because a federal actor was not alleged as a defendant, this claim was dismissed.

This case is ongoing.

Jack Hibbard - 06/23/2020
Jack Hibbard - 08/04/2020
Justin Hill - 09/03/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process: Procedural Due Process
Freedom of speech/association
Unreasonable search and seizure
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Excessive force
Failure to supervise
Failure to train
False arrest
Over/Unlawful Detention
Pepper/OC spray
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) City of Minneapolis
Minneapolis Chief of Police
Minneapolis Police Lieutenant
Minnesota Public Safety Commissioner
Minnesota State Patrol Colonel
Plaintiff Description Plaintiffs are two journalists and the Communications Workers of America (CWA).
Indexed Lawyer Organizations ACLU Affiliates (any)
Class action status sought Yes
Class action status outcome Denied
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
None yet
Source of Relief None yet
Order Duration 2021 - 2021
Filed 06/02/2020
Case Ongoing Yes
Case Listing PN-MN-0006 : Williams v. Minneapolis (D. Minn.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Police are Attacking Journalists at Protests. We're Suing.
ACLU Minnesota
Date: Jun. 3, 2020
By: Brian Hauss and Teresa Nelson
[ Detail ] [ External Link ]

Court Docket(s)
D. Minn.
07/30/2020
0:20-cv-01302-WMW-DTS
PN-MN-0005-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Minn.
06/02/2020
Class Action Complaint and Demand for a Jury Trial [ECF# 1]
PN-MN-0005-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Minn.
06/08/2020
First Amended Class Action Complaint and Demand for a Jury Trial [ECF# 31]
PN-MN-0005-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Minn.
06/09/2020
Order Denying Plaintiff Jared Goyette's Motions for Class Certification and Temporary Restraining Order [ECF# 35] (2020 WL 3056705)
PN-MN-0005-0003.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Minn.
07/30/2020
Second Amended Complaint [ECF# 53]
PN-MN-0005-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Minn.
04/16/2021
Order Granting Plaintiffs' Motion for a Temporary Restraining Order [ECF# 105] (338 F.R.D. 109)
PN-MN-0005-0005.pdf | WESTLAW| LEXIS | Detail
Source: Westlaw
D. Minn.
07/29/2021
Order Granting in Part and Denying in Part State Defendants' Motion to Dismiss and Denying Defendant Kroll's Motion to Dismiss [ECF# 191] (2021 WL 3222495)
PN-MN-0005-0006.pdf | WESTLAW | Detail
Source: Westlaw
show all people docs
Judges Schultz, David T. Court not on record [Magistrate] show/hide docs
PN-MN-0005-9000
Wright, Wilhelmina Marie (D. Minn.) show/hide docs
PN-MN-0005-0003 | PN-MN-0005-0005 | PN-MN-0005-0006 | PN-MN-0005-9000
Plaintiff's Lawyers Foster, Dulce J (Minnesota) show/hide docs
PN-MN-0005-0001 | PN-MN-0005-0002 | PN-MN-0005-0004 | PN-MN-0005-9000
Hansen, Adam L. (Minnesota) show/hide docs
PN-MN-0005-0001 | PN-MN-0005-0002 | PN-MN-0005-0004 | PN-MN-0005-9000
Harris, Jacob Patsch (Minnesota) show/hide docs
PN-MN-0005-0001 | PN-MN-0005-0002 | PN-MN-0005-0004 | PN-MN-0005-9000
McGarraugh, Pari (Minnesota) show/hide docs
PN-MN-0005-0001 | PN-MN-0005-0002 | PN-MN-0005-0004 | PN-MN-0005-9000
Nascimento, Isabella Salomao (Minnesota) show/hide docs
PN-MN-0005-9000
Nelson, Teresa J. (Minnesota) show/hide docs
PN-MN-0005-0001 | PN-MN-0005-0002 | PN-MN-0005-0004 | PN-MN-0005-9000
Riach, Kevin C. (Minnesota) show/hide docs
PN-MN-0005-0001 | PN-MN-0005-0002 | PN-MN-0005-0004 | PN-MN-0005-9000
Defendant's Lawyers Beck, Kevin M (Minnesota) show/hide docs
PN-MN-0005-9000
Enslin, Sharda R (Minnesota) show/hide docs
PN-MN-0005-9000
Hedman, Leah M P (Minnesota) show/hide docs
PN-MN-0005-9000
Kelly, Joseph A (Minnesota) show/hide docs
PN-MN-0005-9000
Kramer, Elizabeth C (Minnesota) show/hide docs
PN-MN-0005-9000
Landrum, Kathryn Iverson (Minnesota) show/hide docs
PN-MN-0005-9000
Passe, Julianna F. (Minnesota) show/hide docs
PN-MN-0005-9000
Robertson, Heather Passe (Minnesota) show/hide docs
PN-MN-0005-9000
Sarff, Kristin R (Minnesota) show/hide docs
PN-MN-0005-9000

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