March 2, 2021 21:23

Minneapolis Lawsuit

Interesting, seeing as how Groot just cut 600 spots from the Department with plans to “defund” another 1,000 as retirements continue stacking up:

  • Minneapolis residents have standing to sue the city over an alleged police staffing violation, Hennepin County District Court Judge Jamie Anderson has ruled. Anderson’s order rejected the city of Minneapolis’ attempt to throw out the lawsuit because the city said residents lacked standing to sue.

    Anderson said he didn’t have enough information yet to decide on the outcome sought by plaintiffs.

    Still, Anderson cited McKee v. Likins, in which the Minnesota Supreme Court held that “[t]axpayers are legitimately concerned with the performance by public officers of their public duties. Accordingly … a taxpayer suing as a taxpayer has standing to challenge administrative action which allegedly is rulemaking adopted without compliance with the statutory notice requirements.”

    Eight Minneapolis residents sued the City Council and Mayor Jacob Frey in August, arguing they violated the charter requirement to staff roughly 743 officers for the 425,000-person city. The lawsuit argues that the number of licensed police officers has dropped from 825 at the start of 2020 to about 634.

In this case, the City Charter actually dictates the number of Officers to be utilized to keep order, so the defense cited by municipalities (DeShaney vs. Winnebago and Town of Castle Rock vs. Gonzales) regarding “No Duty to Protect” does not apply here – Minneapolis has a legislated Duty to Protect into its actual charter. 

Oops.

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