Yesterday, March 31, 2014, US District Court Judge John Tunheim entered an order that substantially adopted Magistrate Franklin Noel's Report and Recommendation previously entered in the Drug Recognition Evaluator case brought against police officials who picked up Occupy Minnesota protestors and administered drugs to them purportedly as part of a police training program. A copy of Judge Tunheim's 32- page order and opinion is located here. The next step for the Plaintiffs in this case is to amend their complaint. A proposed amended complaint has been drafted and has been circulated to defense counsel. If defense counsel do not stipulate to amend the complaint the plaintiffs will bring a motion to amend the complaint.
This decision by Judge Tunheim is very good for the Plaintiffs. At some point in the near future the Plaintiffs will be able to engage in discovery so they can learn more about Minnesota law enforcement's Drug Recognition Evaluator program training, including the source of the drugs that were administered to the Plaintiffs.