Wednesday, October 7, 2015

Motion for Summary Judgment in Minnesota Drug Recognition Evaluator Case set for October 23, 2015 at 9:30 a.m. at Minneapolis Federal Courthouse

For the past several years, I have been representing people who were picked up by various law enforcement officials in the state of Minnesota in downtown Minneapolis, driven to the Minneapolis airport and given Schedule A narcotics.  After law enforcement administered these drugs to their test subjects, law enforcement ran completely unscientific tests on these people, purportedly to train them to detect if other people are under the influence.  As discussed in previous posts in this blog, the police obtained the drugs to give to these people by stealing them from people in a park in Dakota County.

No one has apologized for this conduct at any level of law enforcement; to the contrary, law enforcement has steadfastly maintained that this conduct is perfectly legitimate and that they are immune from suit.  Officers trained with this preposterous methodology remain on the streets and use their "training" to help convict people of driving crimes every day in this state.

Hennepin County Attorney Mike Freeman declined to charge any of these suspects with a crime, even with filing false police reports, which each and every one of them did as part of these experiments.

The remaining Defendants have brought another round of motions to have the case summarily resolved in their favor, meaning that there would not be a trial.  These motions are set for oral argument before the Honorable United States Magistrate Judge Franklin Noel on October 23, 2015 at 9:30 a.m. at the Minneapolis Federal Courthouse, 300 South Fourth Street, Minneapolis, Minnesota.  My co-counsel, the distinguished Alan Milstein (follow him on twitter here), will be flying in from Philadelphia to make the oral argument.  I will appear as local counsel with Mr. Milstein.

The Defendants' motions and supporting documents are as follows:

"City & County" Defendants Motion for Summary Judgment

Dakota County Motion for Summary Judgment

Olmsted County Motion for Summary Judgment

The response of the Plaintiffs is located here.  I suggest reading the response of the Plaintiffs first, as it is really a nicely written brief.

This motion hearing is open to the public, and I encourage the media and anyone else interested to attend this hearing.  This hearing will decide whether or not law enforcement will finally face a trial for this egregious conduct.

My e-mail address is at the top of my blog if anyone wants to contact me about this.

1 comment:

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