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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 Post-WalMart decisions on class certification
Police Violence Protests (Spring/Summer 2020)
Attorney Organization ACLU Chapters (any)
Case Summary
This lawsuit was filed June 2, 2020, in the U.S. District Court for the District of Minnesota. The case arose out of the spring and summer protests in 2020 in response to the police killing of George Floyd. The case alleges that Minneapolis police targeted journalists covering the protests in ... read more >
This lawsuit was filed June 2, 2020, in the U.S. District Court for the District of Minnesota. The case arose out of the spring and summer protests in 2020 in response to the police killing of George Floyd. The case alleges that Minneapolis police targeted journalists covering the protests in violation of the First, Fourth, and Fourteenth Amendments. The original complaint had one class representative and sought class certification to cover all journalists covering the protests more generally. Defendants were various city and state officials and the City of Minneapolis. The complaint alleged that police actions against plaintiffs constituted retaliation in violation of the First Amendment, unlawful seizure and excessive force in violation of the Fourth Amendment, and that the arrests were violations of procedural Due Process under 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 attorney's fees and costs of the suit. They also submitted separate motions for class certification and an expedited motion for a temporary restraining order. The next day the case was assigned to Judge Wilhelmina M. Wright and referred to Magistrate Judge David T. Schultz.

On June 5, 2020, defendants opposed plaintiff's 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 she said that plaintiffs would need to wait for more discovery to happen. On the TRO she 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.

On June 22, 2020, one defendant asked for more time to respond to the complaint. One of those defendants was given until August 3 to respond.

Before defendants could respond, however, plaintiffs then asked to file a second amended complaint. They filed the second amended complaint on July 30. 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 case is ongoing as of August 4, 2020.

Jack Hibbard - 06/23/2020
Jack Hibbard - 08/04/2020


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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
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Excessive force
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 Chapters (any)
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
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]
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-0005-9000
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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