Gustafson Gluek Settles Class Action and Court Enters Injunction for Protestors Injured by Police During Demonstrations After Murder of George Floyd
Gustafson Gluek PLLC (Josh Rissman & Frances Mahoney-Mosedale) alongside co-counsel ACLU-MN (Teresa Nelson) and Fish & Richardson P.C. (Ahmed Davis & Excylyn Hardin-Smith) represented 12 class representatives in a pair of consolidated lawsuits stemming from the Minneapolis Police Department’s violent response to the George Floyd murder protests.
The lawsuits alleged that the Minneapolis police used unnecessary and excessive force to suppress protesters’ First Amendment rights to assemble peacefully and speak out against injustice. Peaceful protesters alleged that they were tear gassed and shot with foam and rubber bullets to intimidate them and quash the protests. They also alleged that law enforcement officers often fired without warning or orders to leave. The plaintiffs suffered injuries including bruising from less-lethal munitions, lingering respiratory issues from tear gas, and psychological trauma that has chilled their desire to protest in the future.
On November 22, 2022 the U.S. District Court for the District of Minnesota accepted a settlement agreement and entered an injunction, ending the class action lawsuit.
The injunction prohibits the city from arresting, threatening to arrest, or using physical force including but not limited to chemical agents, flash bang/concussion grenades, and foam-tipped bullets against people engaging in lawful protests, assemblies, or demonstrations. The injunction also limits the use of chemical agents by police to disperse peaceful protests and requires that officers deployed to protests have their body-worn cameras recording and unobstructed. Crucially, the injunction is immediately enforceable in federal court, whereas in the past a new lawsuit would be required to be filed to demonstrate excessive force.
The settlement also provides for $600,000, which will be split among the plaintiffs.
In addition, the settlement requires the City of Minneapolis to adopt the Minnesota POST Board Public Assembly and First Amendment Model Policy, which constitutes a wholesale revamping of the City of Minneapolis’ policy towards protests and assembly. The settlement also requires the City of Minneapolis to conduct annual first amendment and public assembly training.
The settlement is a historic protection for the First Amendment right to protest in Minneapolis. To our knowledge, the City of Minneapolis has never agreed to an injunction prohibiting the police department from using excessive force on protestors, or citizens of any kind.
Gustafson Gluek is proud to have taken this case on a pro bono basis.