Constitutional Litigation

Gustafson Gluek represented an individual on a pro bono basis whose car was seized by the Robbinsdale police. Our client was a passenger in her car, when the driver was pulled over and arrested for driving under the influence. Although our client was not aware that the driver had been drinking and, despite that fact that she herself had not been drinking, the officer seized the car pursuant to Minnesota’s civil forfeiture statute. Gustafson Gluek filed a complaint challenging the constitutionality of the Minnesota civil forfeiture laws. However, prior to any meaningful litigation, the parties were able to settle the case and the City released the car back to our client.

Gustafson Gluek is representing a class of individuals who have been jailed pending psychological treatment. These individuals were arrested on criminal charges, found to be insufficiently competent to proceed with their criminal charges, and civilly committed to the custody of the Minnesota Department of Human Services (MNDHS) for treatment. Minnesota had a law that required MNDHS to transfer such individuals to treatment within 48 hours of their civil commitment, yet MNDHS routinely left them to linger in jails for weeks and months without treatment. Shortly after Gustafson Gluek’s first class action, MNDHS lobbied the Minnesota Legislature to amend the statute to effectively remove the 48-hour requirement. The cases brought by Gustafson Gluek now challenge the constitutionality of this amendment and MNDHS’s conduct.

Gustafson Gluek represents a former juvenile resident of Minnesota Correctional Facility – Red Wing who alleges he was sexually assaulted by a staff member over the course of several years. Despite alleged knowledge of the risk of the abuse to the juvenile, the Correctional Facility did nothing to protect the juvenile. Discovery in this case is ongoing.

Gustafson Gluek successfully litigated a case against the State of Minnesota regarding the State’s Unclaimed Property Act. On behalf of Plaintiffs, the firm achieved a ruling that a portion of the State’s Unclaimed Property Act was unconstitutional and, as a result, the statute was changed, and property returned to individuals.

Gustafson Gluek represented an individual bringing suit against the State of Minnesota, the Department of Corrections and others alleging violations of his religious rights relating to his incarcerations in the Minnesota Corrections Facility in Stillwater. Gustafson Gluek was able to secure a settlement for the plaintiff which involved a change in the Department of Corrections policy to provide plaintiff with halal-certified meals at the correction facilities.

Gustafson Gluek represents a class of Minnesota’s civilly committed sex offenders on a pro bono basis through the Federal Bar Association’s Pro Se Project. Gustafson Gluek has been litigating this case since 2012, alleging that Minnesota’s civil commitment of sex offenders is unconstitutional and denies the due process rights of the class. After a six week trial in 2015, Minnesota District Court Judge Donovan Frank found in favor of the class on the counts that were litigated, ruling that the Minnesota Sex Offender Program (MSOP) is unconstitutional, and ordering that extensive changes be made to the program. The State appealed to the Eighth Circuit and the district court ruling was overturned. The remaining counts were dismissed, and that dismissal order is on appeal. Gustafson Gluek continues to advocate for the class.

Gustafson Gluek represented the family of a man killed by Brooklyn Center police in 2015. The action was a section 1983 case alleging the officers used excessive force and ignored the man’s serious medical needs. The family also alleged that the City of Brooklyn Center failed to train and supervise the officers. Defendant’s motion for summary judgment was largely defeated. The case settled before trial in a confidential settlement.

Gustafson Gluek represents Plaintiffs and a proposed class of civilly committed sex offenders, who have received orders for transfer to Community Preparation Services (the final phase of the Minnesota Sex Offender Treatment Program) but who have not been transferred by the State to CPS.  Plaintiffs allege constitutional violations by the Commissioner of the Minnesota Department of Human Services for her failure to abide by the court orders for transfer.

Gustafson Gluek is representing several peaceful protestors who were subject to excessive force at the George Floyd protests in May 2020. While peacefully protesting, the plaintiffs were subjected to tear gas, pepper spray and other violence. The case is a class action seeking declaratory and injunctive relief, including a judgment that the City of Minneapolis has a custom, policy and practice of encouraging and allowing excessive force. The Judge denied Defendants’ motion to dismiss with respect to Plaintiffs’ claims of excessive force and denied the motion to strike Plaintiffs’ class allegations. The case is on-going.

Gustafson Gluek is representing a peaceful protestor who was subject to excessive force at the Daunte Wright protests in April 2021. While peacefully protesting, the plaintiff was subjected to tear gas, pepper spray, and was shot by a less lethal munition. The case is on-going and seeks both damages and injunctive relief to change the policies of the law enforcement agencies that were involved.