Wednesday, May 1, 2013

"Drug Recognition Expert" Lawsuit Update - Motions to Dismiss, Plaintiff's Response, and Defendants' Replies to Plaintiff's Response.

Dakota County attorney James Backstrom and Anoka County Attorney Tony Palumbo brought Motions to Dismiss the "Drug Recognition Expert" Lawsuit brought persons who were picked up by law enforcement and given street drugs.

The Anoka County Attorney's Memorandum of Law has very similar arguments to the other Memorandums that have been filed by other Defendants in this case.  The argument is essentially that the government is immune and it can do whatever it pleases.

Dakota County Attorney James Backstrom's Memorandum of Law takes the immunity approach, but also takes another approach by going in to great detail about the DRE program and the BCA Investigation.

On April 17, 2013, the Plaintiff's filed a Memorandum of Law responding to all of the motions to dismiss.  I think that this is a very well-written piece of legal writing, and if you are interested in reading such things you should take a look at it.

Today, several replies to the Memorandum of Law submitted by the the Plaintiffs were filed.  These were filed by The "City and County Defendants," Ramsey County Attorney John Choi and Dakota County Attorney James Backstrom.  The links are to these documents.

The case is assigned to the Honorable John R. Tunheim, who is a United States District Court Judge in the District of Minnesota.  At this point, it is within the Judge's discretion to refer the matter to the Magistrate Judge for a Report and Recommendation with or without a hearing, to decide the motions without a hearing, or to set the matter on for an oral argument hearing before him.  It is not known at this time which course of action Judge Tunheim will take with regard to whether or not there will be an oral argument on these motions and who they would be before, Judge Tunheim or the Magistrate Judge, The Honorable Arthur J. Boylan.

The motions that have been filed are requesting that the case to be dismissed.  If that happens, this case will not go before a jury.




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