Tuesday, February 4, 2014

Magistrate Judge Noel Recommends Drug Recognition Evaluator Lawsuit Move Forward

This afternoon a Report and Recommendation was entered in the lawsuit brought by protesters and other people who were picked up by law enforcement officers and given drugs.  After they were given drugs, tests were run on them by the law enforcement officers to allegedly train officers to evaluate the effects of certain drugs.

Last summer, these law enforcement officers brought motions to dismiss the Plaintiff's Complaint.  The Report and Recommendation entered by Magistrate Judge Franklin Noel today recommends that this lawsuit move forward with regard to certain Plaintiffs and Defendants, and permits the Plaintiff's to move to Amend their Complaint.  We will be moving to amend our Complaint.  The Defendants have fourteen days to object to the Magistrate Judge's Report and Recommendation.  The Article III Judge assigned to the case, the Honorable John Tunheim, can adopt or decline to adopt the Magistrate's Recommendation.  If this Report and Recommendation is adopted, the Plaintiffs will be able to move forward with discovery, to hopefully answer questions like:  "Where the officers obtain the drugs they administered to these people?"

This is just a preliminary update.  I will provide more updates in the future.

Nathan Hansen
651-704-9600

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