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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

AMY GOODMAN, NICOLE SALAZAR, and SHARIF ABDEL KOUDDOUS,

Plaintiffs

v.

CITY OF ST. PAUL, a municipal entity and political subdivision of the state of Minnesota; CITY OF MINNEAPOLIS, a municipal entity and political subdivision of the state of Minnesota; RAMSEY COUNTY, a political subdivision of the state of Minnesota; JOHN HARRINGTON, Chief of St. Paul Police Department, in his official and individual capacity; TIMOTHY DOLAN, Chief of Minneapolis Police Department, in his official and individual capacity; BOB FLETCHER, Sheriff of Ramsey County, Minnesota, in his official and individual capacity; BOBBY HALL, in his individual capacity as a Police Officer; JOHN DOE, an unidentified Secret Service Agent; and JOHN ROE 1-20, unidentified law enforcement officers, in their official and individual capacities,

COMPLAINT AND DEMAND FOR JURY TRIAL
CIVIL ACTION NO. ____

Defendants.

PRELIMINARY STATEMENT 1. Before and during the 2008 Republican National Convention (“RNC”) in Minneapolis-St. Paul, Minnesota, federal and local law enforcement authorities, acting in concert, arrested scores of journalists who were simply carrying out their work duties and exercising their First Amendment rights. 2. In the days leading up to the RNC, federal and local law enforcement officials conducted “pre-emptive” raids in Minneapolis-St. Paul that involved the arrest and interrogation of journalists.

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3. During the RNC, law enforcement arrested journalists without probable cause, physically assaulted them, detained them for lengthy periods, and searched and seized their belongings, including their cameras, video, and other media equipment, even though many of these individuals displayed their press credentials prominently and repeatedly identified themselves as members of the media.
4. The three journalists who have brought the instant action – Amy Goodman, Sharif Abdel Kouddous, and Nicole Salazar – were covering the RNC for Democracy Now!, an awardwinning and nationally syndicated independent television and radio news program. They are among the journalists who were arrested and assaulted during the RNC even though they posed no threat to anyone and even though they clearly and repeatedly identified themselves as members of the press.
5. By arresting, assaulting, and detaining Plaintiffs and other members of the press, law enforcement significantly hindered Plaintiffs’ ability to serve as the eyes and ears of the American public and report on vital matters of public concern, namely, the RNC, public protest and civic engagement outside the RNC, and the conduct of law enforcement personnel at and around these events.
6. Defendants’ clearly unlawful actions violated Plaintiffs’ rights under the Minnesota and United States Constitutions, as well as under state and federal law. Plaintiffs bring this action to challenge Defendants’ policies, practices, and/or actions that culminated in the unreasonable use of force and Plaintiffs’ unlawful arrests, and which violated Plaintiffs’ rights as journalists to gather information and cover matters of public interest, including law enforcement activity in public places.
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7. Plaintiffs intend to return to Minnesota to cover future newsworthy events, including both small- and large-scale protests. Plaintiffs also intend to cover similar protests and gatherings throughout the United States as part of their journalistic activities. Plaintiffs fear that they will be subjected to similar unlawful actions by federal and/or local authorities, including Defendants, as they conduct their job duties in the future.
JURSIDICTION AND VENUE 8. Plaintiffs’ claims against the federal Defendant John Doe, an unidentified Secret Service Agent, are brought pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), under the First and Fourth Amendments to the United States Constitution. 9. Plaintiffs’ claims against the state and local defendants are brought pursuant to 42 U.S.C. § 1983, the Minnesota Constitution, and common law. 10. This court has jurisdiction to hear Plaintiffs’ claims pursuant to 28 U.S.C. §§ 1331, 1343, 1367, and the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202. 11. Venue is proper in the District of Minnesota pursuant to 28 U.S.C. § 1391, as a substantial part of the acts that gave rise to this lawsuit occurred principally in the City of St. Paul, in Ramsey County, Minnesota.
THE PARTIES Plaintiffs
12. Plaintiff AMY GOODMAN is the host and executive producer of Democracy Now!, a national, daily news program aired on over 800 radio and television stations.
13. In her 25 years as a journalist, Ms. Goodman has covered dozens of conventions and demonstrations around the world. Her work has garnered wide recognition. In 2008, Ms.
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Goodman was awarded the Right Livelihood Award, also known as the “Alternative Nobel Prize.” She has also received the George Polk Award; the Robert F. Kennedy Prize for International Reporting; the Alfred I. duPont-Columbia Award; the Radio/Television News Directors Association award; the American Women in Radio and Television Gracie Award; the Paley Center for Media’s She’s Made It Award; the Puffin/Nation Prize for Creative Citizenship, and the Park Center for Independent Media’s “Izzy” Award.
14. Ms. Goodman is a resident of New York. In August 2008, she traveled to St. Paul, Minnesota to cover the RNC, which was held at the Xcel Energy Center. Ms. Goodman was granted a media pass issued by the RNC, which allowed her to enter the convention center and interview delegates on the convention floor.
15. As part of her duties as an investigative journalist, Ms. Goodman also covered the stories of the thousands of demonstrators protesting the RNC on the streets in and around the Xcel Energy Center.
16. Plaintiff SHARIF ABDEL KOUDDOUS is a senior producer for Democracy Now!
17. Mr. Kouddous has worked at Democracy Now! for seven years. He has covered news stories around the world, including reporting from Baghdad during the Iraq war, New Orleans in the aftermath of Hurricane Katrina, and Haiti in the days after the January 2010 earthquake. He has reported on news stories from numerous locations in the United States, including the 2004 Democratic and Republican National Conventions.
18. Mr. Kouddous is a resident of New York. In August 2008, he traveled to St. Paul, Minnesota, to cover the RNC. Mr. Kouddous was granted a media pass issued by the RNC,
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which allowed him to enter the convention center and interview delegates on the convention floor.
19. As part of his job duties, Mr. Kouddous covered stories on the convention floor as well as news concerning the thousands of demonstrators protesting the RNC on the streets in and around the Xcel Energy Center.
20. Plaintiff NICOLE SALAZAR is a multimedia producer for Democracy Now!. 21. Ms. Salazar has worked at Democracy Now! for the past three years. Her position has required her to film demonstrations, lectures, and interviews throughout the United States. 22. Ms. Salazar is a resident of New York. In August 2008, she traveled to St. Paul to cover the RNC. Ms. Salazar was granted a media pass issued by the RNC, which allowed her to enter the convention center and interview delegates on the convention floor. 23. As part of her job duties, Ms. Salazar covered the stories of the thousands of demonstrators protesting the RNC on the streets in and around the Xcel Energy Center.
Defendants 24. Defendant CITY OF ST. PAUL is a municipality organized under the laws of the
state of Minnesota. It is the legal and political entity responsible for the actions of the St. Paul Police Department (“SPPD”) and SPPD’s officers, employees, and agents.
25. Defendant JOHN HARRINGTON (“Harrington”) is and, at all times relevant to the events underlying this action, was the Chief of Police of SPPD. He is responsible for the policies, practices, and actions of the SPPD.
26. Harrington has final policy-making authority for the SPPD, whether by virtue of specific statutory authority granted to him or delegation by a final policy-maker, including its policies concerning arrests and detention, use of force, and officer training.
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27. At all times relevant to this action, Harrington was an employee of the City of St. Paul and was acting under color of law.
28. Harrington authorized, approved, and/or condoned the policies and actions challenged in this lawsuit.
29. Defendant CITY OF MINNEAPOLIS is a municipality organized under the laws of the state of Minnesota. It is the legal and political entity responsible for the policies, practices, and actions of the Minneapolis Police Department (“MPD”) and MPD’s officers, employees, and agents.
30. Defendant TIMOTHY DOLAN (“Dolan”) is and, at all times relevant to the events underlying this action, was the Chief of Police of MPD. He is responsible for the policies, practices, and actions of the MPD.
31. Dolan has final policy-making authority for the MPD, whether by virtue of specific statutory authority granted to him or delegation by a final policy-maker, including its policies concerning arrests and detention, use of force, and officer training.
32. At all times relevant to this action, Dolan was an employee of the City of Minneapolis and was acting under color of law.
33. Dolan authorized, approved, and/or condoned the policies and actions challenged in this lawsuit.
34. Defendant RAMSEY COUNTY (“County”) is a political subdivision of the state of Minnesota. The County is the legal and political entity responsible for the policies, practices, and actions of the Ramsey County Sheriff’s Department (or “Sheriff’s Department”) and those of the Sheriff Department’s officers, employees, and agents.
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35. Defendant BOB FLETCHER is and, at all times relevant to the events underlying this action, was the Sheriff of Ramsey County, Minnesota. He is responsible for the policies, practices, and actions of the Ramsey County Sheriff’s Department.
36. Whether by virtue of specific statutory authority granted to him or delegation by a final policy-maker, Fletcher has final policy-making authority for the Ramsey County Sheriff’s Department, including its policies concerning arrests and detention, use of force, and officer training.
37. At all times relevant to this action, Fletcher was an employee of Ramsey County and was acting under color of law.
38. Fletcher authorized, approved, and/or condoned the policies and actions challenged in this lawsuit.
39. Defendant BOBBY HALL is an adult individual who, at all times relevant to the events underlying this action, was employed as a police officer and acted under color of law.
40. Upon information and belief, Defendant JOHN DOE, an unidentified Secret Service Agent, is an adult individual who, at all times relevant to the events underlying this action, was employed by the United States Secret Service Agency and whose conduct violated Plaintiffs’ First and Fourth Amendment rights under the federal Constitution.
41. John Doe was, at all relevant times, acting under the color of law and pursuant to the policies, practices, and customs of the named and as yet unidentified defendant agencies.
42. Upon information and belief, Defendants JOHN ROE 1 through 20, unidentified law enforcement officers, are individuals who engaged in joint planning and/or joint action with the named defendants to deprive Plaintiffs of their clearly established rights under the First,
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Fourth, and Fourteenth Amendments of the United States Constitution and their clearly established rights under the Minnesota Constitution.
43. John Roe 1 through 20 engaged in the arrests and detention of Plaintiffs in the absence of probable cause or lawful justification.
44. John Roe 1 through 20’s conduct also violated Plaintiffs’ rights as journalists to gather information and cover matters of public interest, including law enforcement activity in public places.
45. John Roe 1 through 20 were, at all relevant times, acting under the color of law and pursuant to the policies, practices, and customs of the named and as yet unidentified Defendant agencies.
46. Upon information and belief, at all times relevant herein, all individual Defendants acted pursuant to the official policies and customs of the Defendant county and municipal entities. These policies and customs were approved of, condoned, and/or enforced by the persons and/or entities with the authority to set policy for each of the non-federal government defendants.
47. Defendants City of St. Paul, City of Minneapolis, Ramsey County, Dolan, Harrington, and Fletcher failed to train their officers, employees and/or agents on the proper and permissible use of force and the constitutional limitations on defendants’ ability to restrain activity protected by the First and Fourteenth Amendments under the United States Constitution and pursuant to the Minnesota Constitution.
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FACTS Background
48. In or around September 2006, the Republican National Committee selected St. Paul as the host city for the 2008 Republican National Convention (“RNC”).
49. Thereafter, the Republican National Committee entered into a Site Agreement setting forth certain terms pursuant to which the RNC would be held in Minneapolis-St. Paul.
50. The parties to the Site Agreement include the Republican National Committee; the Committee on Arrangements for the 2008 RNC, a political action committee connected with the Republican National Committee; and the Minneapolis-St. Paul 2008 Host Committee, Inc., (“Host Committee”), a non-profit corporation organized to promote the cities’ RNC-hosting abilities.
51. Additionally, the City of Minneapolis entered into a “City Service Agreement” with the Host Committee, to effectuate the obligations, terms and conditions set forth in the Site Agreement.
52. As set forth in the City Service Agreement, the Host Committee agreed to obtain insurance coverage to cover liability in apparent contemplation of misconduct by law enforcement pertaining to RNC-related events.
53. The insurance policy obtained by the Host Committee names as covered parties the Republican National Committee, the Committee on Arrangements for the 2008 RNC, the City of St. Paul, the City of Minneapolis, and any municipality or entity that enters into a joint powers agreement with the City of St. Paul.
54. The Host Committee paid $1.2 million for the insurance policy which caps liability at a maximum of $10,000,000.
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55. In or around March 2007, the United States Department of Homeland Security designated the RNC a “National Special Security Event.”
56. Pursuant to policies and procedures triggered by such a designation, the United States Secret Service became the lead federal agency in charge of planning and executing security at and around the convention site.
57. The Secret Service also engaged with other federal as well as state and local law enforcement and public safety agencies and/or officials to plan and enforce security at and around the convention site.
58. The SPPD is a local agency that was involved in the planning, coordination, and execution of law enforcement operations outside the Xcel Energy Center during RNC.
59. The SPPD shared responsibility with federal, state, and other local law enforcement and public safety agencies and/or officials for training related to such operations.
60. In addition, Frank Spicka, RNC Director of Security, announced on October 10, 2007 he would be working “in close partnership with local, state, and federal law enforcement in planning, coordinating, and implementing a comprehensive security plan for the convention.”
61. Defendants, acting according to official policies and practices, were responsible for the violations of Plaintiffs’ rights set forth herein by, inter alia, engaging in warrantless arrests, unlawful detentions, and unlawful seizures of their persons, all without adequate justification or cause; engaging in unlawful seizures of property; using unreasonable, unnecessary, and excessive force; and interfering with their rights as members of the press under the United States and Minnesota Constitutions.
62. The acts complained of herein were part of a deliberate policy of intimidation by all Defendants aimed at suppressing Plaintiffs’ First, Fourth, and Fourteenth Amendment rights
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under the United States Constitution and Plaintiffs’ rights and liberties under Article 1 of the Minnesota state constitution.
63. Each of the acts complained of herein was taken, and each violation of Plaintiffs’ rights occurred, pursuant to the policies and/or practices of the named Defendants and the Unidentified Defendants – who joined, collaborated, and acted in concert with the named Defendants – to unlawfully detain, search, arrest, and use unreasonable force, all without adequate justification or cause.
64. Each of the acts complained of herein were willful, wanton and malicious, and displayed a callous disregard for and deliberate indifference to Plaintiffs’ rights under state law, the Minnesota state constitution, and the United States Constitution.
September 1, 2008 Arrest of Ms. Salazar 65. On September 1, 2008, the first day of the RNC, Ms. Salazar and Mr. Kouddous
were working in a rented office in the same building as the Saint Paul Neighborhood Network in downtown St. Paul when, during the early afternoon, they observed dozens of law enforcement personnel donning riot gear and gas masks outside the office, on the streets in the vicinity of 7th Street and Jackson Street.
66. Ms. Salazar and Mr. Kouddous grabbed their audio and video recording equipment and identification indicating that they were journalists, and came outside to the street to document the activities of the officers.
67. Ms. Salazar and Mr. Kouddous taped the movement of the officers around downtown and some of their encounters with peaceful demonstrators and passers-by.
68. Ms. Salazar and Mr. Kouddous noticed that the numbers of law enforcement in riot gear seemed to be increasing and their demeanor was growing increasingly tense.
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69. At one point, Ms. Salazar was videotaping law enforcement officers as they directed journalists, including one who identified himself as with the Associated Press, to move in the direction of a parking lot. One journalist stated, “I’m a journalist,” to which an officer replied, “I don’t care. Back up and move that way.” The officers proceeded to corral the journalists into a parking lot.
70. In addition to Ms. Salazar and other journalists who were recording the police activities, members of the public were also corralled into the parking lot.
71. Suddenly, a number of officers in riot gear with batons entered the parking lot and started rushing in the direction where Ms. Salazar and others were standing.
72. As Ms. Salazar videotaped the officers approaching, a few ran toward an individual near Ms. Salazar who was holding her empty hands by her head, in a display of compliance.
73. Ms. Salazar continued taping as at least one officer appeared to swing at the innocent bystander with his baton.
74. At approximately the same time, officers began rushing toward Ms. Salazar. 75. Ms. Salazar continued to videotape the incident, walking quickly backwards in an effort to get out of the way of the oncoming officers. 76. While Ms. Salazar was attempting to back away, one or more of the officers continued to rush toward her. Ms. Salazar found herself in between parked vehicles and the oncoming officers, with no way out. 77. When one of the officers running toward Ms. Salazar wielding his baton yelled at Ms. Salazar to “get out of here,” she asked him where she should go, saying that she could not see and that there was “no place to go.”
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78. Throughout this encounter, Ms. Salazar was visibly wearing and holding up her Democracy Now! press pass and holding media equipment.
79. In addition, Ms. Salazar yelled out “press, press!” to identify herself as a journalist.
80. Without provocation, several of the Roe defendants violently pushed Ms. Salazar into a parked vehicle and then shoved her off her feet and onto the ground as they shouted, “on your face.”
81. After Ms. Salazar was forced to the ground, her camera was knocked from her hands and fell some feet away.
82. Ms. Salazar was then forcibly held face-down on the pavement. 83. Ms. Salazar could feel one of the Roe defendants pushing her into the ground with his boot or knee pressed onto her back, while another Roe defendant was grabbing her leg, trying to drag her. 84. Even though Ms. Salazar was not resisting arrest, did not pose a threat to herself or anyone else, and continued to identify herself as “press,” the officers continued to use force against her. 85. Several of the Roe defendants handcuffed her hands behind her back. At the time she was handcuffed, Ms. Salazar was holding her press credentials in her hands, behind her back, in plain sight of the officers. 86. Ms. Salazar saw that a pool of her blood had collected on the pavement where her face had been. 87. As a result of these Roe defendants’ actions, Ms. Salazar suffered lacerations and injuries to her face, leaving her bloodied, bruised, scratched, and in pain.
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88. While Ms. Salazar remained handcuffed face-down on the ground, one of the Roe defendants picked up her camera and removed the battery.
89. When the officers allowed Ms. Salazar to stand, she asked that her press credentials be replaced around her neck. One of the Roe defendants told her it was better if she held them out of sight, and that otherwise they might be taken away, or words to that effect.
90. Several of the Roe defendants then brought Ms. Salazar over to a nearby area, where she joined a group of other people who also had been handcuffed.
91. A police medic approached Ms. Salazar, wiped her face clean of blood while she was still handcuffed, and asked if her teeth hurt.
92. Some time later, Ms. Salazar had her picture taken with two of the Roe defendants who allegedly had arrested her. One of these individuals was identified to Ms. Salazar as Bobby Hall. However, it is unclear whether these individuals were actually involved in her arrest.
93. After her picture was taken, Ms. Salazar was placed in a van with several other arrestees.
94. Ms. Salazar was held for approximately two hours in the parking lot, before being transported to the Ramsey County Law Enforcement Center (“Ramsey County jail”).
95. At Ramsey County jail, Ms. Salazar was held in a cell for approximately three hours before being released.
96. During this period, Ms. Salazar shared the cell with approximately seventeen other female arrestees, some of whom had been pepper sprayed by law enforcement and were still noticeably suffering the consequences.
97. At no time was Ms. Salazar told the basis for her arrest.
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98. Defendants issued Ms. Salazar a citation for felony riot, St. Paul case number 08230423.
99. After Ms. Salazar was released from jail, she went to a hospital emergency room where she was treated for her injuries.
September 1, 2008 Arrest of Mr. Kouddous 100. Mr. Kouddous arrived at the parking lot where Ms. Salazar was videotaping law
enforcement activity, shortly before she was arrested. 101. Mr. Kouddous was holding a microphone in one hand. Additionally, his
Democracy Now! and RNC press passes were visible, hanging around his neck. 102. Mr. Kouddous observed other journalists standing near him who were observing
and taping the activities of the law enforcement in the parking lot. 103. Mr. Kouddous saw Ms. Salazar being arrested and called out to the surrounding
officers that she was a member of the press. 104. Seconds after Mr. Kouddous identified Ms. Salazar as a journalist, approximately
three Roe defendants, unidentified officers in riot gear, approached him. 105. Without provocation, these Roe defendants cornered him against a building and
forcibly slammed him against the wall. 106. Mr. Kouddous stated that he was not resisting and identified himself as a member
of the press. 107. These Roe defendants continued to use excessive and unnecessary force against
Mr. Kouddous, pushing him against the wall and kicking and/or punching him in the chest and back.
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108. When these Roe defendants asked Mr. Kouddous to extend his hands, Mr. Kouddous complied and the officers handcuffed him with his hands behind his back.
109. These Roe defendants ordered Mr. Kouddous to lie on the ground, face-down. 110. During the course of his arrest, as a result of these Roe defendants’ actions, Mr. Kouddous felt an acute pain in his chest. As a result of these Roe defendants’ actions, he suffered injuries to his back, arms and hands. 111. At some point during this incident, some of the Roe defendants took the microphone away from Mr. Kouddous. 112. Throughout this incident, Mr. Kouddous did not pose a threat to himself or to anyone else. 113. During his arrest and repeatedly during his detention, Mr. Kouddous identified himself to officers, including these Roe defendants, as a member of the press. 114. In response, one of the Roe defendants told Mr. Kouddous that Mr. Kouddous should embed himself with the police if he wished to report on any street demonstrations surrounding the RNC, or that he should observe events from afar using a telescopic lens. 115. Mr. Kouddous observed at least one other journalist who had also been forced to the ground and arrested. 116. After being held on the ground for some time, Mr. Kouddous was pulled to his feet and his microphone was returned to him. 117. Mr. Kouddous complained to several Roe defendants that his handcuffs were too tight and were causing him pain and, later, numbness. No Roe defendant or any other officer responded to his pleas for assistance.
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118. Some time later, Mr. Kouddous had his picture taken with a Roe defendant who allegedly had arrested him. However, it is unclear whether this individual was actually involved in his arrest.
119. After being held in handcuffs for two to three hours in the parking area, Mr. Kouddous was placed on a bus with other arrestees and taken to Ramsey County jail.
120. On the bus ride, Mr. Kouddous was in constant pain, especially in his hands, which were still handcuffed tightly.
121. Mr. Kouddous suffered long-term numbness in his hands and residual chest pain that lasted for several weeks after the September 1, 2008 incident.
122. Mr. Kouddous was held for approximately five to six hours between the time of his arrest and the time of his release from Ramsey County jail.
123. Mr. Kouddous was told he would be facing a felony riot charge. 124. For weeks after the arrest, Mr. Kouddous suffered pain from the Roe defendants’ use of excessive force. He experienced numbness in his left thumb for weeks and pain near his breast bone. Mr. Kouddous also has sustained scars on his arms from the incident.
September 1, 2008 Arrest of Ms. Goodman 125. Ms. Goodman was interviewing Republican delegates at the Xcel Convention
Center at the time of the arrests of Ms. Salazar and Mr. Kouddous. 126. Upon receiving a phone call from a Democracy Now! producer indicating that
Ms. Salazar and Mr. Kouddous had been arrested, Ms. Goodman cut short her interviews at the convention site and ran to the area of the arrests.
127. When Ms. Goodman arrived at the parking lot area where arrestees had been gathered, she observed a ring of officers in riot gear.
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128. She approached the officers, announced her press credentials, and asked that Ms. Salazar and Mr. Kouddous be released. At the time, Ms. Goodman was visibly wearing her press pass and her RNC pass around her neck.
129. In response, a Roe defendant in riot gear grabbed Ms. Goodman by the arm and pushed her away from the scene.
130. While the Roe defendant was still holding her, Ms. Goodman continued to inquire about her arrested co-workers. The Roe defendant then pulled Ms. Goodman through the police line, asked another Roe defendant whether he should arrest Ms. Goodman, and then announced that he was arresting her.
131. Two Roe defendants then placed handcuffs on Ms. Goodman and took her jacket. 132. Throughout this incident, Ms. Goodman did not pose a threat to herself or to anyone else. 133. After handcuffing Ms. Goodman, several Roe defendants brought her over to a wall where they directed her to get on the ground. 134. When Ms. Goodman refused, they pushed her to the ground. 135. The Roe defendants then brought Ms. Goodman over to where Mr. Kouddous was being held. 136. At the time, Ms. Goodman was loudly declaring, “We are press, we demand to be released,” or words to that effect. 137. Some time later, John Doe, an unidentified Secret Service Agent, approached Ms. Goodman and Mr. Kouddous, and took their RNC press passes, stating, “You’re not going to need this today,” or words to that effect.
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138. As John Doe walked away with the press credentials, Mr. Kouddous asked one of the officers standing near him for a receipt or documentation of their property. The officer did not respond.
139. Referring to John Doe’s act of taking away their press credentials, Ms. Goodman stated to the officers standing near Mr. Kouddous and her that the police should not be engaging in such activity. One officer responded that John Doe was not a police officer but a member of the United States Secret Service.
140. While waiting, Ms. Goodman informed a nearby Roe defendant that her handcuffs were too tight and causing her pain. That Roe defendant came over and deliberately tightened the handcuffs even further.
141. Some time later, Ms. Goodman had her picture taken with a Roe defendant who allegedly had arrested her. However, it is unclear whether this individual was actually involved in her arrest.
142. Ms. Goodman was then taken to the van in which Ms. Salazar and other arrestees were being held.
143. Thereafter, Ms. Goodman was driven to a garage where cages had been erected for protesters. She was held there for several hours and processed before being released.
144. Between the time of her arrest and the time of her release, Ms. Goodman was held for over three hours.
145. For weeks after the arrest, Ms. Goodman experienced pain in her left hand and wrist. She also felt a persistent sharp pain and tingling sensation from her thumb to her elbow in her left arm as a result of the handcuffs.
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146. Defendants issued Ms. Goodman a citation for interference with a peace officer and obstruction of a legal process.
147. Defendants did not have a warrant or probable cause to arrest Ms. Salazar, Mr. Kouddous, or Ms. Goodman.
148. Defendants acted without Plaintiffs’ consent and without lawful authority when they seized the Plaintiffs’ belongings and assaulted, battered, falsely arrested and falsely imprisoned them.
149. On the evening of September 1, 2008, then Mayor of St. Paul Chris Coleman and St. Paul Police Chief John Harrington held a press conference during which they discussed the actions of law enforcement earlier that day.
150. At that press conference, several journalists asked Mayor Coleman and Chief Harrington whether they were aware that journalists had been arrested, including Ms. Goodman.
151. On September 2, 2008, Chief Harrington held another press conference. Ms. Goodman attended that press conference, described the events of the previous day, and asked what his department’s policy was with respect to the arrest of journalists. Chief Harrington responded by stating, inter alia, that police officers were unable to make “fine distinctions” between reporters and other members of the public, and that the fact that someone is a reporter did not “give them additional rights to commit any crimes.”
152. Chief Harrington also claimed that he was giving reporters “extraordinary” access to events by embedding them with mobile field forces.
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September 4, 2008 Arrest of Mr. Kouddous 153. On September 4, 2008, Mr. Kouddous, along with three other Democracy Now!
journalists, were covering peaceful demonstrators who had gathered about one-half mile from the Xcel Center.
154. Law enforcement in riot gear had also gathered around the demonstrators and had blocked off the demonstrators’ ability to navigate the public streets.
155. Mr. Kouddous and a Democracy Now! cameraperson, Rick Rowley, as well as journalists from other press outlets, were following the demonstrators and recording the actions of law enforcement.
156. Around dusk, the demonstrators were walking parallel to the river, mostly along Marion Street. Mr. Kouddous and Mr. Rowley followed the demonstrators as they did so. Suddenly, law enforcement released a series of smoke bombs and detonated concussion grenades.
157. As people began to disperse, law enforcement corralled several hundred people onto the Marion Street bridge and blockaded both ends so that no one could leave.
158. Mr. Kouddous and Mr. Rowley were both trapped on the bridge. Both had their press credentials displayed around their necks, and Mr. Rowley was holding video recording equipment.
159. When law enforcement ordered everyone on the bridge to sit on the ground, Mr. Kouddous complied and held out his press credentials, identifying himself as a journalist to several officers near him.
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160. Despite posing no threat and having identified himself as a journalist, several Roe defendants placed Mr. Kouddous and Mr. Rowley under arrest on the bridge. Roe defendants then escorted them to a sidewalk next to the bridge.
161. Mr. Kouddous witnessed approximately three other individuals who also had press credentials displayed and media equipment in hand similarly being placed under arrest.
162. Shortly after they were escorted to the sidewalk, one law enforcement officer stated, “Why don’t you leave when we tell you to?” or words to that effect.
163. Mr. Kouddous, Mr. Rowley, and the three other journalists were held at the sidewalk location for an hour and a half, at which point they were placed in a van and driven to a nearby parking lot. There, they were released. Mr. Kouddous was issued a citation for unlawful assembly.
164. Upon information and belief, by the end of the RNC, over 40 journalists, including Plaintiffs, had been arrested.
165. On September 19, 2008, criminal charges against all Plaintiffs were dropped. 166. The Plaintiffs were humiliated and endured pain and suffering as a result of Defendants’ actions. 167. Additionally, Defendants’ actions impeded Plaintiffs’ ability to carry out their job duties and their ability to disseminate critical news about the RNC and surrounding events.
FIRST CAUSE OF ACTION Freedom of the Press; Right to Gather Information 168. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs as if set forth herein.
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169. Defendants violated Plaintiffs’ rights to the unabridged freedom of the press under the First Amendment of the United States Constitution and liberty of the press under Article 1 of the Minnesota state constitution by, among other things, detaining and arresting Plaintiffs, seizing their property, interfering with their ability to gather information and cover matters of public interest, including law enforcement activity in public places, and deploying officers to disrupt Plaintiffs’ press-related activities.
170. Defendants engaged in such actions willfully and knowingly. 171. As a direct and proximate result of defendants’ unlawful actions, Plaintiffs have suffered physical harm, emotional pain and suffering, and loss of property.
SECOND CAUSE OF ACTION Freedom from Unlawful Search and Seizure 172. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs as if set forth herein. 173. Defendants violated Plaintiffs’ rights to be free of unlawful search and seizure under the Fourth Amendment of the United States Constitution and Article 1 of the Minnesota state constitution by, among other things, seizing and detaining Plaintiffs to interfere with their ability to engage in journalistic activities and/or without adequate cause; arresting them without probable cause; using excessive force; and assaulting them. 174. Defendants engaged in such actions willfully and knowingly. 175. As a direct and proximate result of defendants’ unlawful actions, Plaintiffs have suffered physical harm, emotional pain and suffering, and loss of property.
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THIRD CAUSE OF ACTION Common Law False Arrest
176. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs as if set forth herein.
177. Defendants’ actions in subjecting Plaintiffs to false imprisonment and arrest without probable cause or warrants constituted false imprisonment and false arrest under the laws of the state of Minnesota.
178. As a direct and proximate result of these actions, Plaintiffs suffered injury and harm.
FOURTH CAUSE OF ACTION Common Law Assault
179. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs as if set forth herein.
180. Defendants’ actions in arresting and using excessive, unnecessary, and unreasonable force to restrain Plaintiffs were intended to cause an apprehension of imminent harmful or offensive contact and thus constituted assault under the laws of the state of Minnesota.
181. As a direct and proximate result of these actions, Plaintiffs suffered injury and harm.
FIFTH CAUSE OF ACTION Common Law Negligence
182. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs as if set forth herein.
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183. The individual officers and supervisors who are among the named Defendants and the John Roe defendants who were involved in Plaintiffs’ unlawful arrests had the duty to exercise reasonable care toward Plaintiffs.
184. The individual supervisors, including Chief Dolan, Chief Harrington, and their respective downward chain-of-command had the duty to exercise appropriate command authority in their supervision of their subordinates.
185. Individual officers and supervisors among the named Defendants and John Roe defendants were negligent in the exercise of theses duties of care owed to Plaintiffs.
186. As a direct and proximate result of these defendants’ negligence, Plaintiffs suffered injury and harm.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request that this Court grant the following relief:
a) A permanent injunction ordering Defendants, their officers, agents, and employees, from interfering with Plaintiffs’ rights to engage in journalistic activities;
b) A declaration that Defendants’ actions to limit Plaintiffs’ lawful journalistic activities constituted violations of the United States Constitution and Minnesota state constitution;
c) Compensatory and punitive damages, including costs related to lost or damaged property, medical expenses, and other damages as permitted by law and as proven at trial;
d) Award costs and attorneys’ fees; and e) Award all other relief as the Court may deem just and proper.
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Dated: May 5, 2010

Respectfully submitted,
/s/ Bruce Nestor_ Bruce D. Nestor - MN #0318024 3547 Cedar Avenue South Minneapolis, MN 55407 612-659-9019 - Phone 612-436-3664 - Fax nestor@denestlaw.com
Anjana Samant Alexis Agathocleous William P. Quigley Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 212-614-6445 - Phone 212-614-6499 - Fax
Steven Alan Reiss Weil, Gotshall & Manges, LLP 767 Fifth Avenue New York, NY 10153 212-310-8000 - Phone 212-310-8007 - Fax
Attorneys for Plaintiffs

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 CASE 0:10-cv-01966-SRN-AJB Document 37 Filed 10/07/10 Page 1 of 32

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

AMY GOODMAN, NICOLE SALAZAR, and SHARIF ABDEL KOUDDOUS,

Plaintiffs

v.

CITY OF ST. PAUL, a municipal entity and political subdivision of the state of Minnesota; CITY OF MINNEAPOLIS, a municipal entity and political subdivision of the state of Minnesota; CITY OF WOODBURY, a municipal entity and political subdivision of the state of Minnesota; RAMSEY COUNTY, a political subdivision of the state of Minnesota; JOHN HARRINGTON, Chief of St. Paul Police Department, in his official and individual capacity; TIMOTHY DOLAN, Chief of Minneapolis Police Department, in his official and individual capacity; BOB FLETCHER, Sheriff of Ramsey County, Minnesota, in his official and individual capacity; JEFF HALL, in his individual capacity as a Police Officer; DENNIS MILNER, in his individual capacity as a Police Officer; SGT. SEAN MCGINTY, in his individual capacity as a Police Official; OFFICER (FIRST NAME UNKNOWN) POMEROY, in his individual capacity as a Police Officer; and SGT. (FIRST NAME UNKNOWN) NASSET, in his individual capacity as a Police Official; JOHN DOE, an unidentified Secret Service Agent, in his individual capacity; JOHN ROE 1-20, unidentified law enforcement officers, in their official and individual capacities; and the UNITED STATES OF AMERICA,

AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
CIVIL ACTION NO. 0:10-cv-01966-JNE-AJB

Defendants.

PRELIMINARY STATEMENT 1. Before and during the 2008 Republican National Convention (“RNC”) in Minneapolis-St. Paul, Minnesota, federal and local law enforcement authorities, acting in

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concert, arrested scores of journalists who were simply carrying out their work duties and exercising their First Amendment rights.
2. In the days leading up to the RNC, federal and local law enforcement officials conducted “pre-emptive” raids in Minneapolis-St. Paul that involved the arrest and interrogation of journalists.
3. During the RNC, law enforcement arrested journalists without probable cause, physically assaulted them, detained them for lengthy periods, and searched and seized their belongings, including their cameras, video, and other media equipment, even though many of these individuals displayed their press credentials prominently and repeatedly identified themselves as members of the media.
4. The three journalists who have brought the instant action – Amy Goodman, Sharif Abdel Kouddous, and Nicole Salazar – were covering the RNC for Democracy Now!, an awardwinning and nationally syndicated independent television and radio news program. They are among the journalists who were arrested and assaulted during the RNC even though they posed no threat to anyone and even though they clearly and repeatedly identified themselves as members of the press.
5. By arresting, assaulting, and detaining Plaintiffs and other members of the press, law enforcement significantly hindered Plaintiffs’ ability to serve as the eyes and ears of the American public and report on vital matters of public concern, namely, the RNC, public protest and civic engagement outside the RNC, and the conduct of law enforcement personnel at and around these events.
6. Defendants’ clearly unlawful actions violated Plaintiffs’ rights under the Minnesota and United States Constitutions, as well as under state and federal law. Plaintiffs
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bring this action to challenge Defendants’ policies, practices, and/or actions that culminated in the unreasonable use of force and Plaintiffs’ unlawful arrests, and which violated Plaintiffs’ rights as journalists to gather information and cover matters of public interest, including law enforcement activity in public places.
7. Plaintiffs intend to return to Minnesota to cover future newsworthy events, including both small- and large-scale protests. Plaintiffs also intend to cover similar protests and gatherings throughout the United States as part of their journalistic activities. Plaintiffs fear that they will be subjected to similar unlawful actions by federal and/or local authorities, including Defendants, as they conduct their job duties in the future.
JURSIDICTION AND VENUE 8. Plaintiffs’ claims against the federal Defendant John Doe, an unidentified Secret Service Agent, are brought pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and under the First and Fourth Amendments to the United States Constitution. 9. Plaintiffs’ claim against the United States is brought pursuant to the Federal Tort Claims Act (or “FTCA”), 28 U.S.C. §§ 2671-2680, jurisdiction for which is established under 28 U.S.C. § 1346(b). 10. Plaintiffs’ claims against the state and local defendants are brought pursuant to 42 U.S.C. § 1983, the Minnesota Constitution, and common law. 11. This court has jurisdiction to hear Plaintiffs’ claims pursuant to 28 U.S.C. §§ 1331, 1343, 1367, and the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202.
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12. Venue is proper in the District of Minnesota pursuant to 28 U.S.C. § 1391, as a substantial part of the acts that gave rise to this lawsuit occurred principally in the City of St. Paul, in Ramsey County, Minnesota.
THE PARTIES Plaintiffs
13. Plaintiff AMY GOODMAN is the host and executive producer of Democracy Now!, a national, daily news program aired on over 800 radio and television stations.
14. In her 25 years as a journalist, Ms. Goodman has covered dozens of conventions and demonstrations around the world. Her work has garnered wide recognition. In 2008, Ms. Goodman was awarded the Right Livelihood Award, also known as the “Alternative Nobel Prize.” She has also received the George Polk Award; the Robert F. Kennedy Prize for International Reporting; the Alfred I. duPont-Columbia Award; the Radio/Television News Directors Association award; the American Women in Radio and Television Gracie Award; the Paley Center for Media’s She’s Made It Award; the Puffin/Nation Prize for Creative Citizenship, and the Park Center for Independent Media’s “Izzy” Award.
15. Ms. Goodman is a resident of New York. In August 2008, she traveled to St. Paul, Minnesota to cover the RNC, which was held at the Xcel Energy Center. Ms. Goodman was granted a media pass issued by the RNC, which allowed her to enter the convention center and interview delegates on the convention floor.
16. As part of her duties as an investigative journalist, Ms. Goodman also covered the stories of the thousands of demonstrators protesting the RNC on the streets in and around the Xcel Energy Center.
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17. Plaintiff SHARIF ABDEL KOUDDOUS is a senior producer for Democracy Now!
18. Mr. Kouddous has worked at Democracy Now! for seven years. He has covered news stories around the world, including reporting from Baghdad during the Iraq war, New Orleans in the aftermath of Hurricane Katrina, and Haiti in the days after the January 2010 earthquake. He has reported on news stories from numerous locations in the United States, including the 2004 Democratic and Republican National Conventions.
19. Mr. Kouddous is a resident of New York. In August 2008, he traveled to St. Paul, Minnesota, to cover the RNC. Mr. Kouddous was granted a media pass issued by the RNC, which allowed him to enter the convention center and interview delegates on the convention floor.
20. As part of his job duties, Mr. Kouddous covered stories on the convention floor as well as news concerning the thousands of demonstrators protesting the RNC on the streets in and around the Xcel Energy Center.
21. Plaintiff NICOLE SALAZAR is a multimedia producer for Democracy Now!. 22. Ms. Salazar has worked at Democracy Now! for the past three years. Her position has required her to film demonstrations, lectures, and interviews throughout the United States. 23. Ms. Salazar is a resident of New York. In August 2008, she traveled to St. Paul to cover the RNC. Ms. Salazar was granted a media pass issued by the RNC, which allowed her to enter the convention center and interview delegates on the convention floor. 24. As part of her job duties, Ms. Salazar covered the stories of the thousands of demonstrators protesting the RNC on the streets in and around the Xcel Energy Center.
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Defendants 25. Defendant CITY OF ST. PAUL is a municipality organized under the laws of the
state of Minnesota. It is the legal and political entity responsible for the actions of the St. Paul Police Department (“SPPD”) and SPPD’s officers, employees, and agents.
26. Defendant JOHN HARRINGTON (“Harrington”) is and, at all times relevant to the events underlying this action, was the Chief of Police of SPPD. He is responsible for the policies, practices, and actions of the SPPD.
27. Harrington has final policy-making authority for the SPPD, whether by virtue of specific statutory authority granted to him or delegation by a final policy-maker, including its policies concerning arrests and detention, use of force, and officer training.
28. At all times relevant to this action, Harrington was an employee of the City of St. Paul and was acting under color of law.
29. Harrington authorized, approved, and/or condoned the policies and actions challenged in this lawsuit.
30. Defendant CITY OF MINNEAPOLIS is a municipality organized under the laws of the state of Minnesota. It is the legal and political entity responsible for the policies, practices, and actions of the Minneapolis Police Department (“MPD”) and MPD’s officers, employees, and agents.
31. Defendant TIMOTHY DOLAN (“Dolan”) is and, at all times relevant to the events underlying this action, was the Chief of Police of MPD. He is responsible for the policies, practices, and actions of the MPD.
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32. Dolan has final policy-making authority for the MPD, whether by virtue of specific statutory authority granted to him or delegation by a final policy-maker, including its policies concerning arrests and detention, use of force, and officer training.
33. At all times relevant to this action, Dolan was an employee of the City of Minneapolis and was acting under color of law.
34. Dolan authorized, approved, and/or condoned the policies and actions challenged in this lawsuit.
35. Defendant CITY OF WOODBURY is a municipality organized under the laws of the state of Minnesota. It is the legal and political entity responsible for the policies, practices, and actions of the Woodbury Police Department (“WPD”) and WPD’s officers, employees, and agents.
36. Defendant City of Woodbury entered into a Joint Powers Agreement with the City of St. Paul, pursuant to which, employees of the WPD would assist with law enforcement duties surrounding the RNC and RNC-related events.
37. Defendant RAMSEY COUNTY (“County”) is a political subdivision of the state of Minnesota. The County is the legal and political entity responsible for the policies, practices, and actions of the Ramsey County Sheriff’s Department (or “Sheriff’s Department”) and those of the Sheriff Department’s officers, employees, and agents.
38. Defendant BOB FLETCHER is and, at all times relevant to the events underlying this action, was the Sheriff of Ramsey County, Minnesota. He is responsible for the policies, practices, and actions of the Ramsey County Sheriff’s Department.
39. Whether by virtue of specific statutory authority granted to him or delegation by a final policy-maker, Fletcher has final policy-making authority for the Ramsey County Sheriff’s
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Department, including its policies concerning arrests and detention, use of force, and officer training.
40. At all times relevant to this action, Fletcher was an employee of Ramsey County and was acting under color of law.
41. Fletcher authorized, approved, and/or condoned the policies and actions challenged in this lawsuit.
42. Defendant JEFF HALL is an adult individual who, at all times relevant to the events underlying this action, was employed as a police officer and acted under color of law.
43. Defendant DENNIS MILNER is an adult individual who, at all times relevant to the events underlying this action, was employed as a police officer and acted under color of law.
44. Defendant (FIRST NAME UNKNOWN) POMEROY is an adult individual who, at all times relevant to the events underlying this action, was employed as a police officer and acted under color of law.
45. Defendant SGT. (FIRST NAME UNKNOWN) NASSET is an adult individual who, at all times relevant to the events underlying this action, was employed as a police officer and acted under color of law.
46. Defendant SGT. SEAN MCGINTY is an adult individual who, at all times relevant to the events underlying this action, was employed as a police officer and acted under color of law.
47. Upon information and belief, Defendant JOHN DOE, an unidentified Secret Service Agent, is an adult individual who, at all times relevant to the events underlying this action, was employed by the United States Secret Service Agency and whose conduct violated Plaintiffs’ First and Fourth Amendment rights under the federal Constitution when he
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participated in the unlawful arrest and detention of Plaintiffs, and unlawful seizure of their property..
48. John Doe was, at all relevant times, acting under the color of law and pursuant to the policies, practices, and customs of the named and as yet unidentified defendant agencies.
49. Defendant UNITED STATES is, by virtue of the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 2680, liable for the tortious conduct of the individual John Doe defendant.
50. Upon information and belief, Defendants JOHN ROE 1 through 20, unidentified law enforcement officers, are individuals who engaged in joint planning and/or joint action with the named defendants to deprive Plaintiffs of their clearly established rights under the First, Fourth, and Fourteenth Amendments of the United States Constitution and their clearly established rights under the Minnesota Constitution.
51. John Roe 1 through 20 engaged in the arrests and detention of Plaintiffs in the absence of probable cause or lawful justification.
52. John Roe 1 through 20’s conduct also violated Plaintiffs’ rights as journalists to gather information and cover matters of public interest, including law enforcement activity in public places.
53. John Roe 1 through 20 were, at all relevant times, acting under the color of law and pursuant to the policies, practices, and customs of the named and as yet unidentified Defendant agencies.
54. Upon information and belief, at all times relevant herein, all individual Defendants acted pursuant to the official policies and customs of the Defendant county and municipal entities. These policies and customs were approved of, condoned, and/or enforced by
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the persons and/or entities with the authority to set policy for each of the non-federal government defendants.
55. Defendants City of St. Paul, City of Minneapolis, Ramsey County, Dolan, Harrington, and Fletcher failed to train their officers, employees and/or agents on the proper and permissible use of force and the constitutional limitations on defendants’ ability to restrain activity protected by the First and Fourteenth Amendments under the United States Constitution and pursuant to the Minnesota Constitution.
FACTS Background
56. In or around September 2006, the Republican National Committee selected St. Paul as the host city for the 2008 Republican National Convention (“RNC”).
57. Thereafter, the Republican National Committee entered into a Site Agreement setting forth certain terms pursuant to which the RNC would be held in Minneapolis-St. Paul.
58. The parties to the Site Agreement include the Republican National Committee; the Committee on Arrangements for the 2008 RNC, a political action committee connected with the Republican National Committee; and the Minneapolis-St. Paul 2008 Host Committee, Inc., (“Host Committee”), a non-profit corporation organized to promote the cities’ RNC-hosting abilities.
59. Additionally, the City of Minneapolis entered into a “City Service Agreement” with the Host Committee, to effectuate the obligations, terms and conditions set forth in the Site Agreement.
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60. As set forth in the City Service Agreement, the Host Committee agreed to obtain insurance coverage to cover liability in apparent contemplation of misconduct by law enforcement pertaining to RNC-related events.
61. The insurance policy obtained by the Host Committee names as covered parties the Republican National Committee, the Committee on Arrangements for the 2008 RNC, the City of St. Paul, the City of Minneapolis, and any municipality or entity that enters into a joint powers agreement with the City of St. Paul.
62. The Host Committee paid $1.2 million for the insurance policy which caps liability at a maximum of $10,000,000.
63. In or around March 2007, the United States Department of Homeland Security designated the RNC a “National Special Security Event.”
64. Pursuant to policies and procedures triggered by such a designation, the United States Secret Service became the lead federal agency in charge of planning and executing security at and around the convention site.
65. The Secret Service also engaged with other federal as well as state and local law enforcement and public safety agencies and/or officials to plan and enforce security at and around the convention site.
66. The SPPD is a local agency that was involved in the planning, coordination, and execution of law enforcement operations outside the Xcel Energy Center during RNC.
67. The SPPD shared responsibility with federal, state, and other local law enforcement and public safety agencies and/or officials for training related to such operations.
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68. In addition, Frank Spicka, RNC Director of Security, announced on October 10, 2007 he would be working “in close partnership with local, state, and federal law enforcement in planning, coordinating, and implementing a comprehensive security plan for the convention.”
69. Prior to September 2008, Defendants reviewed experiences of other cities and law enforcement officials in planning and/or executing security and police policies in preparation for the 2008 RNC.
70. Prior to September 2008, representatives of Defendants Ramsey County, the City of St. Paul (specifically, of the St. Paul Police Department, the St. Paul Mayor’s office, and the City Attorney’s Office) met with members of the media and lawyers for the Reporters Committee for Freedom of the Press (“RCFP”) to discuss media access and security/policing policies, procedures, or activities surrounding the RNC and explicitly discussed the possibility that journalists would be wrongfully arrested and/or detained while lawfully covering the RNC or surrounding public events.
71. At this meeting, the RCRP lawyers were told that police would only arrest journalists engaged in illegal activities.
72. Defendants were thus aware that large-scale public events such as the RNC and surrounding demonstrations, protests or other activities created an obvious potential for violation of journalists’ First Amendment and Fourth Amendment rights, and parallel state constitutional rights.
73. Defendants, acting according to official policies and practices, were responsible for the violations of Plaintiffs’ rights set forth herein by, inter alia, engaging in warrantless arrests, unlawful detentions, and unlawful seizures of their persons, all without adequate justification or cause; engaging in unlawful seizures of property; using unreasonable,
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unnecessary, and excessive force; and interfering with their rights as members of the press under the United States and Minnesota Constitutions.
74. The acts complained of herein were part of a deliberate policy of intimidation by all Defendants aimed at suppressing Plaintiffs’ First, Fourth, and Fourteenth Amendment rights under the United States Constitution and Plaintiffs’ rights and liberties under Article 1 of the Minnesota state constitution.
75. Each of the acts complained of herein was taken, and each violation of Plaintiffs’ rights occurred, pursuant to the policies and/or practices of the named Defendants and the Unidentified Defendants – who joined, collaborated, and acted in concert with the named Defendants – to unlawfully detain, search, arrest, and use unreasonable force, all without adequate justification or cause.
76. Each of the acts complained of herein were willful, wanton and malicious, and displayed a callous disregard for and deliberate indifference to Plaintiffs’ rights under state law, the Minnesota state constitution, and the United States Constitution.
September 1, 2008 Arrest of Ms. Salazar 77. On September 1, 2008, the first day of the RNC, Ms. Salazar and Mr. Kouddous
were working in a rented office in the same building as the Saint Paul Neighborhood Network in downtown St. Paul when, during the early afternoon, they observed dozens of law enforcement personnel donning riot gear and gas masks outside the office, on the streets in the vicinity of 7th Street and Jackson Street.
78. Ms. Salazar and Mr. Kouddous grabbed their audio and video recording equipment and identification indicating that they were journalists, and came outside to the street to document the activities of the officers.
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79. Ms. Salazar and Mr. Kouddous taped the movement of the officers around downtown and some of their encounters with peaceful demonstrators and passers-by.
80. Ms. Salazar and Mr. Kouddous noticed that the numbers of law enforcement in riot gear seemed to be increasing and their demeanor was growing increasingly tense.
81. At one point, Ms. Salazar was videotaping law enforcement officers as they directed journalists, including one who identified himself as with the Associated Press, to move in the direction of a parking lot. One journalist stated, “I’m a journalist,” to which an officer replied, “I don’t care. Back up and move that way.” The officers proceeded to corral the journalists into a parking lot.
82. In addition to Ms. Salazar and other journalists who were recording the police activities, members of the public were also corralled into the parking lot.
83. Suddenly, a number of officers in riot gear with batons entered the parking lot and started rushing in the direction where Ms. Salazar and others were standing.
84. As Ms. Salazar videotaped the officers approaching, a few ran toward an individual near Ms. Salazar who was holding her empty hands by her head, in a display of compliance.
85. Ms. Salazar continued taping as at least one officer appeared to swing at the innocent bystander with his baton.
86. At approximately the same time, officers began rushing toward Ms. Salazar. 87. Ms. Salazar continued to videotape the incident, walking quickly backwards in an effort to get out of the way of the oncoming officers.
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88. While Ms. Salazar was attempting to back away, one or more of the officers continued to rush toward her. Ms. Salazar found herself in between parked vehicles and the oncoming officers, with no way out.
89. When one of the officers running toward Ms. Salazar wielding his baton yelled at Ms. Salazar to “get out of here,” she asked him where she should go, saying that she could not see and that there was “no place to go.”
90. Throughout this encounter, Ms. Salazar was visibly wearing and holding up her Democracy Now! press pass and holding media equipment.
91. In addition, Ms. Salazar yelled out “press, press!” to identify herself as a journalist.
92. Without provocation, several of the Roe defendants violently pushed Ms. Salazar into a parked vehicle and then shoved her off her feet and onto the ground as they shouted, “on your face.”
93. After Ms. Salazar was forced to the ground, her camera was knocked from her hands and fell some feet away.
94. Ms. Salazar was then forcibly held face-down on the pavement. 95. Ms. Salazar could feel one of the Roe defendants pushing her into the ground with his boot or knee pressed onto her back, while another Roe defendant was grabbing her leg, trying to drag her. 96. Even though Ms. Salazar was not resisting arrest, did not pose a threat to herself or anyone else, and continued to identify herself as “press,” the officers continued to use force against her.
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97. Several of the Roe defendants handcuffed her hands behind her back. At the time she was handcuffed, Ms. Salazar was holding her press credentials in her hands, behind her back, in plain sight of the officers.
98. Ms. Salazar saw that there was blood pooling under her face while lying on the asphalt.
99. As a result of these Roe defendants’ actions, Ms. Salazar suffered injuries to her face, leaving her bloodied, bruised, and in pain.
100. While Ms. Salazar remained handcuffed face-down on the ground, one of the Roe defendants picked up her camera and removed the battery.
101. A police medic approached Ms. Salazar, wiped her face clean of blood while she was still handcuffed and lying on the ground, and asked her if her teeth hurt.
102. Several of the Roe defendants then brought Ms. Salazar over to a nearby area, where she joined a group of other people who also had been handcuffed.
103. Ms. Salazar asked that her press credentials be replaced around her neck. One of the Roe defendants told her it was better if she held them out of sight, and that otherwise they might be taken away, or words to that effect.
104. Some time later, Ms. Salazar had her picture taken with two of the Roe defendants who allegedly had arrested her. One of these individuals was identified to Ms. Salazar as Bobby Hall. However, it is unclear whether these individuals were actually involved in her arrest.
105. After her picture was taken, Ms. Salazar was placed in a van with several other arrestees.
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106. Officer Jeff Hall, #002633, upon information and belief, an employee of the Minneapolis Police Department, was one of the officials involved in the arrest and/or booking of Ms. Salazar.
107. Ms. Salazar was held for approximately two hours in the parking lot, before being transported to the Ramsey County Law Enforcement Center (“Ramsey County jail”).
108. At Ramsey County jail, Ms. Salazar was held in a cell for approximately three hours before being released.
109. During this period, Ms. Salazar shared the cell with approximately seventeen other female arrestees, some of whom had been pepper sprayed by law enforcement and were still noticeably suffering the consequences.
110. At no time was Ms. Salazar told the basis for her arrest. 111. Defendants issued Ms. Salazar a citation for felony riot, St. Paul case number 08230423. 112. After Ms. Salazar was released from jail, she went to a hospital emergency room where she was treated for her injuries.
September 1, 2008 Arrest of Mr. Kouddous 113. Mr. Kouddous arrived at the parking lot where Ms. Salazar was videotaping law
enforcement activity, shortly before she was arrested. 114. Mr. Kouddous was holding a microphone in one hand. Additionally, his
Democracy Now! and RNC press passes were visible, hanging around his neck. 115. Mr. Kouddous observed other journalists standing near him who were observing
and taping the activities of the law enforcement in the parking lot.
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116. Mr. Kouddous saw Ms. Salazar being arrested and called out to the surrounding officers that she was a member of the press.
117. Seconds after Mr. Kouddous identified Ms. Salazar as a journalist, approximately three Roe defendants, unidentified officers in riot gear, approached him.
118. Without provocation, these Roe defendants cornered him against a building and forcibly slammed him against the wall.
119. Mr. Kouddous stated that he was not resisting and identified himself as a member of the press.
120. These Roe defendants continued to use excessive and unnecessary force against Mr. Kouddous, pushing him against the wall and kicking and/or punching him in the chest and back.
121. When these Roe defendants asked Mr. Kouddous to extend his hands, Mr. Kouddous complied and the officers handcuffed him with his hands behind his back.
122. These Roe defendants ordered Mr. Kouddous to lie on the ground, face-down. 123. During the course of his arrest, as a result of these Roe defendants’ actions, Mr. Kouddous felt an acute pain in his chest. As a result of these Roe defendants’ actions, he suffered injuries to his back, arms and hands. 124. At some point during this incident, some of the Roe defendants took the microphone away from Mr. Kouddous. 125. Throughout this incident, Mr. Kouddous did not pose a threat to himself or to anyone else. 126. During his arrest and repeatedly during his detention, Mr. Kouddous identified himself to officers, including these Roe defendants, as a member of the press.
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127. In response, one of the Roe defendants told Mr. Kouddous that Mr. Kouddous should embed himself with the police if he wished to report on any street demonstrations surrounding the RNC, or that he should observe events from afar using a telescopic lens.
128. Mr. Kouddous observed at least one other journalist who had also been forced to the ground and arrested.
129. After being held on the ground for some time, Mr. Kouddous was pulled to his feet and his microphone was returned to him.
130. Mr. Kouddous complained to several Roe defendants that his handcuffs were too tight and were causing him pain and, later, numbness. No Roe defendant or any other officer responded to his pleas for assistance.
131. Some time later, Mr. Kouddous had his picture taken with a Roe defendant who allegedly had arrested him. However, it is unclear whether this individual was actually involved in his arrest.
132. Officers Dennis Milner, # 004808, an employee of the Minneapolis Police Department, as well as Officer (First Name Unknown) Pomeroy, upon information and belief, an employee of the Woodbury Police Department, and Sgt. (First Name Unknown) Nasset, upon information and belief, an employee of the St. Paul Police Department, were among the officers involved in the arrest and/or booking of Ms. Kouddous on September 1, 2008.
133. After being held in handcuffs for two to three hours in the parking area, Mr. Kouddous was placed on a bus with other arrestees and taken to Ramsey County jail.
134. On the bus ride, Mr. Kouddous was in constant pain, especially in his hands, which were still handcuffed tightly.
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135. Mr. Kouddous suffered long-term numbness in his hands and residual chest pain that lasted for several weeks after the September 1, 2008 incident.
136. Mr. Kouddous was held for approximately five to six hours between the time of his arrest and the time of his release from Ramsey County jail.
137. Mr. Kouddous was told he would be facing a felony riot charge. 138. For weeks after the arrest, Mr. Kouddous suffered pain from the Roe defendants’ use of excessive force. He experienced numbness in his left thumb for weeks and pain near his breast bone. Mr. Kouddous also has sustained scars on his arms from the incident.
September 1, 2008 Arrest of Ms. Goodman 139. Ms. Goodman was interviewing Republican delegates at the Xcel Convention
Center at the time of the arrests of Ms. Salazar and Mr. Kouddous. 140. Upon receiving a phone call from a Democracy Now! producer indicating that
Ms. Salazar and Mr. Kouddous had been arrested, Ms. Goodman cut short her interviews at the convention site and ran to the area of the arrests.
141. When Ms. Goodman arrived at the parking lot area where arrestees had been gathered, she observed a ring of officers in riot gear.
142. She approached the officers, announced her press credentials, and asked that Ms. Salazar and Mr. Kouddous be released. At the time, Ms. Goodman was visibly wearing her press pass and her RNC pass around her neck.
143. In response, a Roe defendant in riot gear grabbed Ms. Goodman by the arm and pushed her away from the scene.
144. While the Roe defendant was still holding her, Ms. Goodman continued to inquire about her arrested co-workers. The Roe defendant then pulled Ms. Goodman through the police
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line, asked another Roe defendant whether he should arrest Ms. Goodman, and then announced that he was arresting her.
145. Two Roe defendants then placed handcuffs on Ms. Goodman and took her jacket. 146. Throughout this incident, Ms. Goodman did not pose a threat to herself or to anyone else. 147. After handcuffing Ms. Goodman, several Roe defendants brought her over to a wall where they directed her to get on the ground. 148. When Ms. Goodman refused, they pushed her to the ground. 149. The Roe defendants then brought Ms. Goodman over to where Mr. Kouddous was being held. 150. At the time, Ms. Goodman was loudly declaring, “We are press, we demand to be released,” or words to that effect. 151. Sgt. Sean McGinty, # 004591, upon information and belief, an employee of the Minneapolis Police Department, was one of the officers involved in the arrest and/or booking of Ms. Goodman. 152. Some time later, John Doe, an unidentified Secret Service Agent, approached Ms. Goodman and Mr. Kouddous, and took their RNC press passes, stating, “You’re not going to need this today,” or words to that effect. 153. As John Doe walked away with the press credentials, Mr. Kouddous asked one of the officers standing near him for a receipt or documentation of their property. The officer did not respond. 154. Referring to John Doe’s act of taking away their press credentials, Ms. Goodman stated to the officers standing near Mr. Kouddous and her that the police should not be engaging
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in such activity. One officer responded that John Doe was not a police officer but a member of the United States Secret Service.
155. While waiting, Ms. Goodman informed a nearby Roe defendant that her handcuffs were too tight and causing her pain. That Roe defendant came over and deliberately tightened the handcuffs even further.
156. Some time later, Ms. Goodman had her picture taken with a Roe defendant who allegedly had arrested her. However, it is unclear whether this individual was actually involved in her arrest.
157. Ms. Goodman was then taken to the van in which Ms. Salazar and other arrestees were being held.
158. Thereafter, Ms. Goodman was driven to a garage where cages had been erected for protesters. She was held there for several hours and processed before being released.
159. Between the time of her arrest and the time of her release, Ms. Goodman was held for over three hours.
160. For weeks after the arrest, Ms. Goodman experienced pain in her left hand and wrist. She also felt a persistent sharp pain and tingling sensation from her thumb to her elbow in her left arm as a result of the handcuffs.
161. Defendants issued Ms. Goodman a citation for interference with a peace officer and obstruction of a legal process.
162. Defendants did not have a warrant or probable cause to arrest Ms. Salazar, Mr. Kouddous, or Ms. Goodman.
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163. Defendants acted without Plaintiffs’ consent and without lawful authority when they seized the Plaintiffs’ belongings and assaulted, battered, falsely arrested and falsely imprisoned them.
164. On the evening of September 1, 2008, then Mayor of St. Paul Chris Coleman and St. Paul Police Chief John Harrington held a press conference during which they discussed the actions of law enforcement earlier that day.
165. At that press conference, several journalists asked Mayor Coleman and Chief Harrington whether they were aware that journalists had been arrested, including Ms. Goodman.
166. On September 2, 2008, Chief Harrington held another press conference. Ms. Goodman attended that press conference, described the events of the previous day, and asked what his department’s policy was with respect to the arrest of journalists. Chief Harrington responded by stating, inter alia, that police officers were unable to make “fine distinctions” between reporters and other members of the public, and that the fact that someone is a reporter did not “give them additional rights to commit any crimes.”
167. Chief Harrington also claimed that he was giving reporters “extraordinary” access to events by embedding them with mobile field forces.
September 4, 2008 Arrest of Mr. Kouddous 168. On September 4, 2008, Mr. Kouddous, along with three other Democracy Now!
journalists, were covering peaceful demonstrators who had gathered about one-half mile from the Xcel Center.
169. Law enforcement in riot gear had also gathered around the demonstrators and had blocked off the demonstrators’ ability to navigate the public streets.
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170. Mr. Kouddous and a Democracy Now! cameraperson, Rick Rowley, as well as journalists from other press outlets, were following the demonstrators and recording the actions of law enforcement.
171. Around dusk, the demonstrators were walking parallel to the river, mostly along Marion Street. Mr. Kouddous and Mr. Rowley followed the demonstrators as they did so. Suddenly, law enforcement released a series of smoke bombs and detonated concussion grenades.
172. As people began to disperse, law enforcement corralled several hundred people onto the Marion Street bridge and blockaded both ends so that no one could leave.
173. Mr. Kouddous and Mr. Rowley were both trapped on the bridge. Both had their press credentials displayed around their necks, and Mr. Rowley was holding video recording equipment.
174. When law enforcement ordered everyone on the bridge to sit on the ground, Mr. Kouddous complied and held out his press credentials, identifying himself as a journalist to several officers near him.
175. Despite posing no threat and having identified himself as a journalist, several Roe defendants placed Mr. Kouddous and Mr. Rowley under arrest on the bridge. Roe defendants then escorted them to a sidewalk next to the bridge.
176. Mr. Kouddous witnessed approximately three other individuals who also had press credentials displayed and media equipment in hand similarly being placed under arrest.
177. Shortly after they were escorted to the sidewalk, one law enforcement officer stated, “Why don’t you leave when we tell you to?” or words to that effect.
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178. Mr. Kouddous, Mr. Rowley, and the three other journalists were held at the sidewalk location for an hour and a half, at which point they were placed in a van and driven to a nearby parking lot. There, they were released. Mr. Kouddous was issued a citation for unlawful assembly.
179. Upon information and belief, by the end of the RNC, over 40 journalists, including Plaintiffs, had been arrested.
180. On September 19, 2008, criminal charges against all Plaintiffs were dropped. 181. The Plaintiffs were humiliated and endured pain and suffering as a result of Defendants’ actions. 182. Additionally, Defendants’ actions impeded Plaintiffs’ ability to carry out their job duties and their ability to disseminate critical news about the RNC and surrounding events.
FIRST CAUSE OF ACTION Freedom of the Press; Right to Gather Information; Prior Restraint 183. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs as if set forth herein. 184. Defendants violated Plaintiffs’ clearly established rights to the unabridged freedom of the press and the right to gather information under the First Amendment of the United States Constitution and liberty of the press under Article 1 of the Minnesota state constitution by, among other things, detaining and arresting Plaintiffs, seizing their property, interfering with their ability to gather information and cover matters of public interest, including law enforcement activity in public places, and deploying officers to disrupt Plaintiffs’ pressrelated activities.
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185. Defendants engaged in such actions willfully and knowingly and the actions of Defendants were not the actions of reasonably well-trained law officers. These actions were taken under color of law and therefore give rise to claims under 42 U.S.C. § 1983 or to Bivenstype actions.
186. As a direct and proximate result of defendants’ unlawful actions, Plaintiffs have suffered physical harm, emotional pain and suffering, and loss of property.
SECOND CAUSE OF ACTION Freedom from Unlawful Search and Seizure 187. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs as if set forth herein. 188. Defendants violated Plaintiffs’ clearly established rights to be free of unlawful search and seizure under the Fourth Amendment of the United States Constitution and Article 1 of the Minnesota state constitution by, among other things, seizing and detaining Plaintiffs to interfere with their ability to engage in journalistic activities and/or without adequate cause; arresting them without probable cause; using excessive force; and assaulting them. 189. Defendants engaged in such actions willfully and knowingly and the actions of Defendants were not the actions of reasonably well-trained law officers. These actions were taken under color of law and therefore give rise to claims under 42 U.S.C. § 1983 or to Bivenstype actions. 190. As a direct and proximate result of defendants’ unlawful actions, Plaintiffs have suffered physical harm, emotional pain and suffering, and loss of property.
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THIRD CAUSE OF ACTION False Arrest
191. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs as if set forth herein.
192. Defendants’ actions in subjecting Plaintiffs to false imprisonment and arrest without probable cause or warrants constituted false imprisonment and false arrest under the laws of the state of Minnesota. Defendants’ actions were malicious and willful and violated known rights of Plaintiffs’.
193. As a direct and proximate result of these actions, Plaintiffs suffered injury and harm.
FOURTH CAUSE OF ACTION Assault
194. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs as if set forth herein.
195. Defendants’ actions in arresting and using excessive, unnecessary, and unreasonable force to restrain Plaintiffs were intended to cause an apprehension of imminent harmful or offensive contact and thus constituted assault under the laws of the state of Minnesota. . Defendants’ actions were malicious and willful and violated known rights of Plaintiffs’.
196. As a direct and proximate result of these actions, Plaintiffs suffered injury and harm.
FIFTH CAUSE OF ACTION Negligence
197. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs as if set forth herein.
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198. The individual officers and supervisors who are among the named Defendants and

the John Roe defendants who were involved in Plaintiffs’ unlawful arrests had the duty to

exercise reasonable care toward Plaintiffs.

199. As a direct and proximate result of these defendants’ negligence, Plaintiffs

suffered injury and harm.

SIXTH CAUSE OF ACTION Negligent Supervision and Training

200. Plaintiffs repeat and reallege the allegations contained in the preceding paragraphs

as if set forth herein.

201. The individual supervisors, including Chief Dolan, Chief Harrington, and their

respective downward chain-of-command had the duty to exercise appropriate command authority

in their supervision of their subordinates.

202. Individual officers and supervisors among the named Defendants and John Roe

defendants were negligent in the exercise of these duties of care owed to Plaintiffs. Further, upon

information and belief said Defendants failed to properly train the Defendant officers in proper

use of force, crowd control, and respect and protection of First Amendment rights, including the

rights of Plaintiffs.

203. As a direct and proximate result of these defendants’ negligence, Plaintiffs

suffered injury and harm.

SEVENTH CAUSE OF ACTION Battery

204.

Plaintiffs repeat and reallege the allegations contained in the preceding

paragraphs as if set forth herein.

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205.

Defendants’ actions in arresting and using excessive, unnecessary, and

unreasonable force to restrain Plaintiffs constituted an offensive and unpermitted touching

inasmuch Defendants action were intended to inflict pain and were done with malice and in

violation of known rights of Plaintiffs. Defendants’ actions were malicious and willful and

violated known rights of Plaintiffs.

206.

As a direct and proximate result of these actions, Plaintiffs Goodman and

Kouddous suffered humiliation, embarrassment, and interference with their ability to do their

jobs.

EIGHTH CAUSE OF ACTION Federal Tort Claims Act: Battery

207.

Plaintiffs repeat and reallege the allegations contained in the preceding

paragraphs as if set forth herein.

208.

By grabbing and ripping off Ms. Goodman’s and Mr. Kouddous’s RNC

pass from around their necks, John Doe, the unidentified Secret Service agent, intentionally came

into harmful and offensive contact with Ms. Goodman and Mr. Kouddous and did so without

justification, so as to constitute battery under the laws of the State of Minnesota.

209.

As a direct and proximate result of these actions, Plaintiffs Goodman and

Kouddous suffered humiliation, embarrassment, and interference with their ability to do their

jobs.

210.

With respect to these incidents, Plaintiffs filed an administrative complaint

as required by the FTCA on or about February 19, 2010. To date, Plaintiffs have not received a

final disposition of the administrative complaint. Pursuant to 28 U.S.C. § 2675(a), the failure to

issue a final disposition within six months of filing the administrative complaint constitutes a

final denial.

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211.

Plaintiffs thus bring their FTCA claims against Defendant United States

for the acts described above and in this Amended Complaint.

NINTH CAUSE OF ACTION 42 U.S.C. § 1983 Monell Claims against Defendants City of St. Paul, City of Minneapolis, City of Woodbury, and Ramsey
County

212.

Plaintiffs repeat and reallege the allegations contained in the preceding

paragraphs as if set forth herein.

213.

Defendants City of St. Paul, City of Minneapolis, City of Woodbury, and

Ramsey County failed to create, implement, or execute an adequate policy for protecting and/or

not violating journalists’ right to gather information and freedom of the press generally, as well

as their rights to be free from unlawful arrest, search, and seizure

214.

This failure constituted part of these Defendants’ official policy during the

2008 RNC.

215.

Furthermore, as a result of this failure, these Defendants inadequately

training their respective officers, employees, and agents on matters related to security and/or

policing practices and policies for the 2008 RNC.

216.

Thus, through the failures noted above, Defendants, who were on actual or

constructive notice of the likelihood of media-police encounters and violations of journalists’

First and Fourth Amendment rights during an event such as the 2008 RNC, acted with deliberate

indifference to the rights of journalists, including those of Plaintiffs.

217.

Defendants’ respective officers, employees, or agents acted pursuant to

this official policy when they engaged in the acts or omissions set forth above.

218.

As a result, Defendants’ policy caused the violations of Plaintiffs’ rights

under the United States Constitution, as described in this Amended Complaint.

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CASE 0:10-cv-01966-SRN-AJB Document 37 Filed 10/07/10 Page 32 of 32
Albert T. Goins – MN # 126159 301 Fourth Avenue South 378 Grain Exchange Building Minneapolis, MN 55415 (612) 339-3848 – Phone (612)339-3853 - Fax Bruce D. Nestor - MN #0318024 3547 Cedar Avenue South Minneapolis, MN 55407 612-659-9019 - Phone 612-436-3664 - Fax nestor@denestlaw.com Steven Alan Reiss (pro hac vice) Christine DiGuglielmo (pro hac vice) Kathy Le (pro hac vice) Jennifer Wu (pro hac vice) Weil, Gotshall & Manges, LLP 767 Fifth Avenue New York, NY 10153 212-310-8000 - Phone 212-310-8007 - Fax Attorneys for Plaintiffs
32

 
 CASE 0:10-cv-01966-SRN-AJB Document 127 Filed 01/19/12 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

AMY GOODMAN, NICOLE SALAZAR, and SHARIF ABDEL KOUDDOUS,

Court File No. 10-CV-1966 SRN/AJB

Plaintiffs,

vs.

CITY OF ST. PAUL, et al.,

Defendants.

STIPULATION OF DISMISSAL WITH PREJUDICE

The undersigned attorneys hereby advise the Court that all of Plaintiffs' claims in the above-entitled cause of action against Defendants and all of their agents and employees in every capacity have been fully compromised, settled and dismissed. Therefore,
IT IS HEREBY STIPULATED BY AND BETWEEN all the parties hereto, through their respective undersigned attorneys, that this entire lawsuit may be, and hereby is, dismissed on its merits and with prejudice, pursuant to the terms stated on the record before Chief Magistrate Judge Arthur J. Boylan on September 29, 2011, as memorialized in the settlement agreement among the parties, and pursuant to the terms of the Releases, and without additional costs or disbursements to any of the parties. The court shall retain jurisdiction 60 days from filing this Stipulation.

CASE 0:10-cv-01966-SRN-AJB Document 127 Filed 01/19/12 Page 2 of 2

IT IS FURTHER STIPULATED, that without further notice, a Judgment of

Dismissal with Prejudice and upon the merits of all of Plaintiffs' claims, without costs or

disbursements to any of the parties, may be entered herein.

Dated: January 19, 2012

IVERSON REUVERS

By: s/Jason M. Hiveley Jon K. Iverson, #146389 Jason M. Hiveley, #311456 9321 Ensign Avenue South Bloomington, MN 55438 (952) 548-7200 Attorneys for Defendants

Dated: January 19, 2012

GOINS LAW OFFICES, LTD.
By: s/Albert T. Goins Albert T. Goins #126159 301 4th Avenue South, Ste. 378N Minneapolis, MN 55415 (612) 339-3848 Attorney for Plaintiffs

 
 CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 1 of 19
CLOSED,CV,PHV,PROTO
U.S. District Court U.S. District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:10−cv−01966−SRN−AJB

Goodman et al v. St. Paul, City of et al Assigned to: Judge Susan Richard Nelson Referred to: Chief Mag. Judge Arthur J. Boylan Demand: $1,000,000 Cause: 42:1983 Civil Rights Act
Plaintiff
Amy Goodman

Date Filed: 05/05/2010 Date Terminated: 01/24/2012 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Albert T Goins , Sr Goins Law Offices, Ltd. 301 4th Ave Ste 378 Grain Exchange Building Mpls, MN 55415 612−339−3848 Fax: 612−339−3853 Email: aturngoins@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander Owen Levine Weil Gotshal &Manges, LLP 1300 Eye St NW Washington, DC 20005 202−682−7000 Email: alex.levine@weil.com PRO HAC VICE ATTORNEY TO BE NOTICED

Alexis Agathocleous Center for Constitutional Rights 666 Broadway 7th Fl New York, NY 10025 212−614−6464 Email: aagathocleous@ccrjustice.org PRO HAC VICE ATTORNEY TO BE NOTICED

Anjana Samant Center for Constitutional Rights 666 Broadway 7th Fl New York, NY 10012 212−614−6464 Email: asamant@ccrjustice.org PRO HAC VICE ATTORNEY TO BE NOTICED

Baher A Azmy Center for Constitutional Rights 666 Broadway 7th Floor New York, NY 10012 212−614−6464 Email: bazmy@ccrjustice.org PRO HAC VICE ATTORNEY TO BE NOTICED

Brant−NA Kuehn Not admitted TERMINATED: 07/06/2011 ATTORNEY TO BE NOTICED

CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 2 of 19
Bruce D Nestor De Leon &Nestor, LLC 3547 Cedar Avenue South Mpls, MN 55407 612−659−9019 Fax: 612−436−3664 Email: nestor@denestlaw.com ATTORNEY TO BE NOTICED
Christine T Di Guglielmo Weil, Gotshal &Manges LLP 1201 N Market St Ste 1402 Wilmington, DE 19801 302−656−6600 Email: christine.diguglielmo@weil.com PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer M Oliver Weil, Gotshall &Manges, LLP 767 5th Ave New York, NY 10153 212−310−8000 Email: jennifer.oliver@weil.com PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer H Wu Weil, Gotshal &Manges LLP 767 5th Ave New York, NY 10153 212−310−8000 Email: jennifer.wu@weil.com TERMINATED: 07/06/2011 PRO HAC VICE ATTORNEY TO BE NOTICED
Kathy− NA Le Not admitted TERMINATED: 07/06/2011 ATTORNEY TO BE NOTICED
Serj Alex Khachaturian Weil Gotshal &Manges LLP 767 Fifth Avenue New York, NY 10153 212−310−8000 Email: alex.khachaturian@weil.com PRO HAC VICE ATTORNEY TO BE NOTICED
Steven Alan Reiss Weil, Gotshal &Manges, LLP 767 5th Ave New York, NY 10153 212−310−8000 Email: steven.reiss@weil.com PRO HAC VICE ATTORNEY TO BE NOTICED
William P Quigley Center for Constitutional Rights 666 Broadway 7th Fl New York, NY 10012

CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 3 of 19

212−614−6464 Email: bquigley@ccrjustice.org TERMINATED: 07/06/2011 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff Nicole Salazar

represented by Albert T Goins , Sr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander Owen Levine (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Alexis Agathocleous (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Baher A Azmy (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Brant−NA Kuehn (See above for address) TERMINATED: 07/06/2011 ATTORNEY TO BE NOTICED

Bruce D Nestor (See above for address) ATTORNEY TO BE NOTICED

Christine T Di Guglielmo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jennifer M Oliver (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jennifer H Wu (See above for address) TERMINATED: 07/06/2011 PRO HAC VICE ATTORNEY TO BE NOTICED

Kathy− NA Le (See above for address) TERMINATED: 07/06/2011 ATTORNEY TO BE NOTICED

Serj Alex Khachaturian (See above for address)

CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 4 of 19

PRO HAC VICE ATTORNEY TO BE NOTICED

Steven Alan Reiss (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

William P Quigley (See above for address) TERMINATED: 07/06/2011 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff Sharif Abdel Kouddous

represented by Albert T Goins , Sr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander Owen Levine (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Alexis Agathocleous (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Baher A Azmy (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Brant−NA Kuehn (See above for address) TERMINATED: 07/06/2011 ATTORNEY TO BE NOTICED

Bruce D Nestor (See above for address) ATTORNEY TO BE NOTICED

Christine T Di Guglielmo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jennifer M Oliver (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jennifer H Wu (See above for address) TERMINATED: 07/06/2011 PRO HAC VICE ATTORNEY TO BE NOTICED

CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 5 of 19

Kathy− NA Le (See above for address) TERMINATED: 07/06/2011 ATTORNEY TO BE NOTICED
Serj Alex Khachaturian (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven Alan Reiss (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
William P Quigley (See above for address) TERMINATED: 07/06/2011 PRO HAC VICE ATTORNEY TO BE NOTICED

V. Defendant St. Paul, City of a municipal entity and political subdivision of the state of Minnesota
Defendant Minneapolis, City of a municipal entity and political subdivision of the state of Minnesota

represented by Jon K Iverson Iverson Reuvers Condon 9321 Ensign Ave S Bloomington, MN 55438 952−548−7204 Fax: 952−548−7210 Email: jon@irc−law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason M Hiveley Iverson Reuvers, LLC 9321 Ensign Ave S Bloomington, MN 55438 952−548−7209 Fax: 952−548−7210 Email: jhiveley@iversonlaw.com ATTORNEY TO BE NOTICED
Stephanie A Angolkar Iverson Reuvers Condon 9321 Ensign Ave S Bloomington, MN 55438 952−548−7200 Fax: 952−548−7210 Email: stephanie@irc−law.com ATTORNEY TO BE NOTICED
represented by Jon K Iverson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 6 of 19

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant
Ramsey, County of a political subdivision of the state of Minnesota

represented by Jon K Iverson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant
John Harrington Chief of St. Paul Police Department, in his official and individual capacity

represented by Jon K Iverson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant
Timothy Dolan Chief of Minneapolis Police Department, in his official and individual capacity

represented by Jon K Iverson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant
Bob Fletcher Sheriff of Ramsey County, Minnesota, in his official and individual capacity

represented by Jon K Iverson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant

represented by

CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 7 of 19

John Doe an unidentified Secret Service Agent, in his individual capacity

David W Fuller United States Attorney's Office 300 S 4th St Ste 600 Minneapolis, MN 55415 612−664−5627 Fax: 612−664−5787 Email: david.fuller@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bahram Samie United States Attorney's Office 300 S 4th St Ste 600 Minneapolis, MN 55415 612−664−5600 Fax: 612−664−5788 Email: bahram.samie@usdoj.gov ATTORNEY TO BE NOTICED

Jason M Hiveley (See above for address) TERMINATED: 06/09/2010 ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) TERMINATED: 06/09/2010 ATTORNEY TO BE NOTICED

Defendant
John Roe 1−20 unidentified law enforcement officers, in their official and individual capacities

represented by Jon K Iverson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant
Woodbury, City of a municipal entity and political subdivision of the state of Minnesota

represented by Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant
Dennis Milner in his individual capacity as a Police Officer

represented by Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant

CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 8 of 19

Jeff Hall in his individual capacity as a Police Officer

represented by Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant
SGT. Sean McGinty in his individual capacity as a Police Official

represented by Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant
Officer (First Name Unknown) Pomeroy in his individual capacity as a Police Officer

represented by Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED
Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant
SGT. (First Name Unknown) Nasset in his individual capacity as a Police Official

represented by Jason M Hiveley (See above for address) ATTORNEY TO BE NOTICED

Stephanie A Angolkar (See above for address) ATTORNEY TO BE NOTICED

Defendant United States of America

represented by Bahram Samie (See above for address) ATTORNEY TO BE NOTICED

David W Fuller (See above for address) ATTORNEY TO BE NOTICED

Date Filed 05/05/2010
05/05/2010 05/05/2010

# Docket Text
1 COMPLAINT against John Doe, Timothy Dolan, Bob Fletcher, Bobby Hall, John Harrington, Minneapolis, City of, Ramsey, County of, John Roe 1−20, St. Paul, City of ( Filing fee $ 350 receipt number 40045105.) assigned to Judge Joan N. Ericksen per Civil Rights List and referred to Magistrate Judge Arthur J. Boylan, filed by Nicole Salazar, Amy Goodman, Sharif Abdel Kouddous. (Attachments: # 1 Civil Cover Sheet) (kt) (Entered: 05/05/2010)
Summons Issued as to John Doe, Timothy Dolan, Bob Fletcher, Bobby Hall, John Harrington, Minneapolis, City of, Ramsey, County of, John Roe 1−20, St. Paul, City of. (kt) (Entered: 05/05/2010)
2 DOCUMENT FILED IN ERROR − replaced by doc. #5. MOTION for Admission Pro Hac Vice for William P. Quigley by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (kt) Modified on 5/6/2010 (MMC). (Entered: 05/05/2010)

CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 9 of 19

05/05/2010 05/05/2010 05/05/2010 05/05/2010 05/05/2010 05/05/2010
05/07/2010 05/07/2010 05/19/2010 05/19/2010 05/19/2010 05/28/2010 06/01/2010 06/29/2010 07/08/2010 07/08/2010

3 MOTION for Admission Pro Hac Vice for Alexis Agathocleous by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (kt) (Entered: 05/05/2010)
4 DOCUMENT FILED IN ERROR − replaced by doc. #6. MOTION for Admission Pro Hac Vice for Anjana Samant by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (kt) Modified on 5/6/2010 (MMC). (Entered: 05/05/2010)
5 AMENDED MOTION for Admission Pro Hac Vice for William P. Quigley by Amy Goodman, Sharif Abdel Kouddous,Nicole Salazar. (Nestor, Bruce) Modified on 5/6/2010 (MMC). (Entered: 05/05/2010)
6 AMENDED MOTION for Admission Pro Hac Vice for Anjana Samant by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Nestor, Bruce) Modified on 5/6/2010 (MMC). (Entered: 05/05/2010)
7 MOTION for Admission Pro Hac Vice for Steven Alan Reiss. Filing fee $ 100, receipt number 0864−2419472 by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Nestor, Bruce) Modified on 5/6/2010 (MMC). (Entered: 05/05/2010)
TEXT ONLY ENTRY − ORDER granting 3 , 5 , 6 , 7 Motions for Admission Pro Hac Vice of Attorneys Alexis Agathocleous, William P. Quigley, Anjana Samant and Steven Alan Reiss for plaintiffs. Fees paid; receipt numbers 4−045105 and 0864−2419472.Approved by Magistrate Judge Arthur J. Boylan on 5/5/10. (MMC) (Entered: 05/06/2010)
8 MOTION for Admission Pro Hac Vice for Jennifer H. Wu. Filing fee $ 100, receipt number 0864−2421763 by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Nestor, Bruce) (Entered: 05/07/2010)
TEXT ONLY ENTRY − ORDER granting 8 Motion for Admission Pro Hac Vice of Attorney Jennifer H. Wu for Amy Goodman,Sharif Abdel Kouddous and Nicole Salazar. Fee paid; receipt number 0864−2421763. Approved by Magistrate Judge Arthur J. Boylan on 5/7/10. (MMC) (Entered: 05/10/2010)
9 SUMMONS Returned Executed by Nicole Salazar, Amy Goodman, Sharif Abdel Kouddous. Ramsey, County of served on 5/10/2010, answer due 6/1/2010. (Nestor, Bruce) (Entered: 05/19/2010)
10 SUMMONS Returned Executed by Nicole Salazar, Amy Goodman, Sharif Abdel Kouddous. St. Paul, City of served on 5/11/2010, answer due 6/1/2010. (Nestor, Bruce) (Entered: 05/19/2010)
11 SUMMONS Returned Executed by Nicole Salazar, Amy Goodman, Sharif Abdel Kouddous. Minneapolis, City of served on 5/10/2010, answer due 6/1/2010. (Nestor, Bruce) (Entered: 05/19/2010)
12 ANSWER to Complaint by Timothy Dolan, Bob Fletcher, Bobby Hall, John Harrington, Minneapolis, City of, Ramsey, County of, John Roe 1−20, St. Paul, City of. (Attachments: # 1 Certificate of Service) (Iverson, Jon) (Entered: 05/28/2010)
13 ORDER of Pretrial Conference: Rule 26 Meeting Report due by 7/1/2010. Pretrial Conference set for 7/8/2010 09:15 AM in Judge's Chambers, Suite 334 (STP) before Magistrate Judge Arthur J. Boylan. Signed by Magistrate Judge Arthur J. Boylan on 6/1/10. (Attachments: # 1 Consent Form)(kt) (Entered: 06/01/2010)
14 REPORT Joint Rule 26(f) Report by Timothy Dolan, Bob Fletcher, Bobby Hall, John Harrington, Minneapolis, City of, Ramsey, County of, John Roe 1−20, St. Paul, City of. (Attachments: # 1 Certificate of Service)(Angolkar, Stephanie) (Entered: 06/29/2010)
15 NOTICE of Appearance by David W Fuller on behalf of John Doe. (Fuller, David) (Entered: 07/08/2010)
16 Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: PRETRIAL CONFERENCE held on 7/8/2010. Scheduling order to be issued. (LMB) (Entered: 07/08/2010)

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07/08/2010
07/15/2010
08/24/2010 08/24/2010 08/27/2010 08/27/2010 08/27/2010 09/10/2010
09/14/2010 09/14/2010
09/14/2010 09/14/2010
09/14/2010 09/16/2010 09/16/2010
09/22/2010

17 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 10/15/2010, Discovery due by 3/1/2011, Motions (non−disp) due 3/1/2011, Motions (disp) due by 6/1/2011, Ready for trial due by 10/1/2011. Signed by Magistrate Judge Arthur J. Boylan on 07/08/2010. (LMB) (Entered: 07/08/2010)
18 AMENDED PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 10/15/2010. Discovery due by 3/1/2011. Motions (non−disp) due 3/1/2011. Motions (disp) due by 6/1/2011. Ready for trial due by 10/1/2011. Signed by Magistrate Judge Arthur J. Boylan on 7/15/10. (kt) (Entered: 07/15/2010)
19 NOTICE of Appearance by Albert T Goins, Sr on behalf of Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Goins, Albert) (Entered: 08/24/2010)
20 CERTIFICATE OF SERVICE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar re 19 Notice of Appearance (Goins, Albert) (Entered: 08/24/2010)
21 MOTION to Dismiss Based in Part on Qualified Immunity by John Doe. (Fuller, David) (Entered: 08/27/2010)
22 MEMORANDUM in Support re 21 MOTION to Dismiss Based in Part on Qualified Immunity filed by John Doe. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Fuller, David) (Entered: 08/27/2010)
23 CERTIFICATE OF SERVICE by John Doe re 21 MOTION to Dismiss Based in Part on Qualified Immunity, 22 Memorandum in Support of Motion (Fuller, David) (Entered: 08/27/2010)
24 NOTICE OF HEARING ON MOTION 21 MOTION to Dismiss Based in Part on Qualified Immunity : Motion Hearing set for 11/18/2010 11:00 AM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen. (Attachments: # 1 Certificate of Service)(Fuller, David) (Entered: 09/10/2010)
25 MOTION to Amend/Correct 1 Complaint, by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Samant, Anjana) (Entered: 09/14/2010)
26 NOTICE OF HEARING ON MOTION 25 MOTION to Amend/Correct 1 Complaint, : Motion Hearing set for 9/28/2010 03:30 PM in Courtroom 3C (STP) before Chief Mag. Judge Arthur J. Boylan. (Samant, Anjana) (Entered: 09/14/2010)
27 MEMORANDUM in Support re 25 MOTION to Amend/Correct 1 Complaint, filed by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Attachments: # 1 Certificate of Service)(Samant, Anjana) (Entered: 09/14/2010)
28 DECLARATION of Anjana Samant in Support of 25 MOTION to Amend/Correct 1 Complaint, filed by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Attachments: # 1 Exhibit A, # 2 Exhibit B). (Samant, Anjana) Modified text on 9/15/2010 (lmb). (Entered: 09/14/2010)
29 CERTIFICATE OF SERVICE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar re 25 MOTION to Amend/Correct 1 Complaint, Proposed Order Granting Plaintiffs Leave to Amend the Complaint. (Samant, Anjana) (Entered: 09/14/2010)
30 MOTION for Admission Pro Hac Vice for Christine Di Guglielmo by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Nestor, Bruce) (Entered: 09/16/2010)
TEXT ONLY ENTRY − ORDER granting 30 Motion for Admission Pro Hac Vice of Attorney Christine T. Di Guglielmo for Amy Goodman, Sharif Abdel Kouddous and Nicole Salazar. Fee paid; receipt number 4−048490. Approved by Chief Mag. Judge Arthur J. Boylan on 9/16/10. (MMC) (Entered: 09/22/2010)
31 ***DOCUMENT WILL BE REFILED WITH REQUIRED SIGNATURE*** STIPULATION to Filing of Proposed Amended Complaint by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Attachments: # 1 Exhibit(s) Proposed Amended Complaint, # 2 Certificate of Service). (Samant, Anjana) Modified text on 10/7/2010 (lmb). (Entered: 09/22/2010)

CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 11 of 19

09/22/2010 09/22/2010 09/27/2010 10/01/2010 10/07/2010 10/07/2010
10/07/2010
10/15/2010 10/18/2010 10/18/2010 11/04/2010 11/08/2010 11/08/2010
11/08/2010 11/08/2010 11/09/2010

32 LETTER TO MAGISTRATE JUDGE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar Withdrawing Motion to Amend based on Stipulation. (Goins, Albert) (Entered: 09/22/2010)
33 CERTIFICATE OF SERVICE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar re 32 Letter to Magistrate Judge (Goins, Albert) (Entered: 09/22/2010)
34 ORDER AS TO STIPULATION FOR PLAINTIFFS TO FILE AMENDED COMPLAINT. Signed by Chief Mag. Judge Arthur J. Boylan on 9/27/10. (kt) (Entered: 09/27/2010)
35 DISCLOSURES by John Doe. (Attachments: # 1 Certificate of Service)(Fuller, David) (Entered: 10/01/2010)
36 STIPULATION to Filing of Proposed Amended Complaint (corrected) by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Attachments: # 1 Exhibit(s) Proposed Amended Complaint)(Samant, Anjana) (Entered: 10/07/2010)
37 AMENDED COMPLAINT against John Doe, Timothy Dolan, Bob Fletcher, John Harrington, Minneapolis, City of, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of, Dennis Milner, Jeff Hall, Sean McGinty, (First Name Unknown) Pomeroy, (First Name Unknown) Nasset, United States of America, filed by Nicole Salazar, Amy Goodman, Sharif Abdel Kouddous. (Samant, Anjana) Modified text on 10/7/2010 (lmb). (Entered: 10/07/2010)
Amended Summons Issued as to John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, United States of America, Woodbury, City of. (akl) (Entered: 10/07/2010)
38 STIPULATION Joint Stipulation to Extend Pretrial Schedule by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Samant, Anjana) (Entered: 10/15/2010)
39 ORDER that the Defendants' deadline for responding to the Amended Complaint shall be Monday, November 8, 2010. Signed by Chief Mag. Judge Arthur J. Boylan on 10/18/10. (kt) (Entered: 10/18/2010)
40 Letter re: withdrawal of motion re 21 MOTION to Dismiss Based in Part on Qualified Immunity. (Attachments: # 1 Certificate of Service)(Fuller, David) (Entered: 10/18/2010)
41 ANSWER to Amended Complaint by Timothy Dolan, Bob Fletcher, John Harrington, Minneapolis, City of, Ramsey, County of, John Roe 1−20, St. Paul, City of. (Attachments: # 1 Certificate of Service) (Angolkar, Stephanie) (Entered: 11/04/2010)
42 MOTION to Dismiss Amended Complaint Based in Part on Qualified Immunity by John Doe, United States of America. (Fuller, David) (Entered: 11/08/2010)
43 DOCUMENT FILED IN ERROR: REFILE WITH CORRECT HEARING DATE. NOTICE OF HEARING ON MOTION 42 MOTION to Dismiss Amended Complaint Based in Part on Qualified Immunity : Motion Hearing set for 1/27/2011 02:00 PM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen. (Fuller, David) Modified on 11/9/2010 (kt). (Entered: 11/08/2010)
44 MEMORANDUM in Support re 42 MOTION to Dismiss Amended Complaint Based in Part on Qualified Immunity filed by John Doe, United States of America. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Fuller, David) (Entered: 11/08/2010)
45 CERTIFICATE OF SERVICE by John Doe, United States of America re 42 MOTION to Dismiss Amended Complaint Based in Part on Qualified Immunity, 43 Notice of Hearing on Motion, 44 Memorandum in Support of Motion (Fuller, David) (Entered: 11/08/2010)
46 AMENDED NOTICE of Hearing on Motion: 42 MOTION to Dismiss Amended Complaint Based in Part on Qualified Immunity : Motion Hearing set for 1/27/2011 02:00 PM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen.

CaSe: 0:10-cv-01966-SRN-AJB As Of: 09/23/2013 06:28 PM CDT 12 of 19

12/15/2010 12/17/2010 01/06/2011 01/07/2011 01/12/2011 01/12/2011 01/15/2011 01/20/2011 01/20/2011 01/20/2011
01/25/2011 01/31/2011 02/08/2011 03/21/2011 03/24/2011

(Fuller, David) (Entered: 11/09/2010)
47 STIPULATION for Extension of Time to Modify Pretrial Schedule by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar, local and Federal Defendants. (Attachments: # 1 DOCUMENT FILED IN ERROR: PROPOSED ORDER: Exhibit(s))(Samant, Anjana) Modified on 12/16/2010 (kt). (Entered: 12/15/2010)
48 Second Amended PRETRIAL SCHEDULING ORDER: Discovery due by 3/1/2011, Motions (non−disp) due 3/1/2011, Motions (disp) due by 6/1/2011, Ready for trial due by 10/1/2011. Signed by Chief Mag. Judge Arthur J. Boylan on 12/17/2010. (LMB) (Entered: 12/20/2010)
49 MEMORANDUM in Opposition re 42 MOTION to Dismiss Amended Complaint Based in Part on Qualified Immunity filed by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Reiss, Steven) (Entered: 01/06/2011)
50 CERTIFICATE OF SERVICE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar re 49 Memorandum in Opposition to Motion (Reiss, Steven) (Entered: 01/07/2011)
51 TEXT−ONLY ENTRY. CLERK'S NOTICE OF REASSIGNMENT. Due to the elevation of Judge Susan Richard Nelson, this case is reassigned to her. Judge Joan N. Ericksen no longer assigned to the case. (MGV) (Entered: 01/12/2011)
52 STIPULATION re 42 MOTION to Dismiss Amended Complaint Based in Part on Qualified Immunity by all parties. (Attachments: # 1 Certificate of Service)(Fuller, David) Modified on 1/12/2011 (kt). (Entered: 01/12/2011)
53 ORDER: The Federal Defendants' reply in support of their Motion to Dismiss shall be filed and served on or before January 20, 2011. Signed by Judge Susan Richard Nelson on 01/13/2011. (jmf) (Entered: 01/15/2011)
54 RESPONSE in Support re 42 MOTION to Dismiss Amended Complaint Based in Part on Qualified Immunity filed by John Doe, United States of America. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Fuller, David) (Entered: 01/20/2011)
55 CERTIFICATE OF SERVICE by John Doe, United States of America re 54 Response in Support of Motion (Fuller, David) (Entered: 01/20/2011)
56 ORDER: The Motion to Dismiss Amended Complaint Based in Part on Qualified Immunity by John Doe and the United States of America [Doc. 42] will be heard on May 20, 2011 at 9:30 a.m. before Judge Susan Richard Nelson, in Courtroom 7B St. Paul. Signed by Judge Susan Richard Nelson on 01/20/2011. (jmf) (Entered: 01/20/2011)
57 STIPULATION re 48 Pretrial Order, Set Scheduling Order Deadlines by all parties. (Attachments: # 1 Certificate of Service)(Fuller, David) Added filers on 1/26/2011 (RLR). (Entered: 01/25/2011)
58 ORDER Amending Pretrial Schedule: Discovery due by 9/1/2011, Motions (non−disp) due 6/30/2011, Motions (disp) due by 12/1/2011, Ready for trial due by 3/1/2012. Signed by Chief Mag. Judge Arthur J. Boylan on 01/31/2011. (LMB) (Entered: 01/31/2011)
59 NOTICE of Appearance by Bahram Samie on behalf of John Doe, United States of America. (Attachments: # 1 Certificate of Service)(Samie, Bahram) (Entered: 02/08/2011)
60 Minute Entry for proceedings held before Chief Mag. Judge Arthur J. Boylan: TELEPHONE CONFERENCE held regarding protective order issue on 3/21/2011. (lmb) (Entered: 03/21/2011)
61 MOTION for Protective Order by Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, St. Paul, City of, Woodbury, City of. (Angolkar, Stephanie) (Entered: 03/24/2011)

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03/24/2011 03/24/2011
03/24/2011
03/24/2011
03/31/2011 03/31/2011
03/31/2011 04/05/2011 04/05/2011 04/05/2011 04/11/2011 04/25/2011 04/25/2011

62 NOTICE OF HEARING ON MOTION 61 MOTION for Protective Order : Motion Hearing set for 4/7/2011 03:00 PM in Courtroom 9E (MPLS) before Chief Mag. Judge Arthur J. Boylan. (Angolkar, Stephanie) (Entered: 03/24/2011)
63 MEMORANDUM in Support re 61 MOTION for Protective Order filed by Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, St. Paul, City of, Woodbury, City of. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Angolkar, Stephanie) (Entered: 03/24/2011)
64 AFFIDAVIT of Stephanie A. Angolkar in SUPPORT OF 61 MOTION for Protective Order filed by Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, St. Paul, City of, Woodbury, City of. (Attachments: # 1 Exhibit(s) A)(Angolkar, Stephanie) (Entered: 03/24/2011)
65 CERTIFICATE OF SERVICE by Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, St. Paul, City of, Woodbury, City of re 63 Memorandum in Support of Motion, 62 Notice of Hearing on Motion, 61 MOTION for Protective Order, 64 Affidavit in Support of Motion, (Angolkar, Stephanie) (Entered: 03/24/2011)
66 LETTER TO MAGISTRATE JUDGE by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of. (Angolkar, Stephanie) (Entered: 03/31/2011)
67 STIPULATION for Protective Order by John Doe, Timothy Dolan, Bob Fletcher, Amy Goodman, Jeff Hall, John Harrington, Sharif Abdel Kouddous, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, Nicole Salazar, St. Paul, City of, United States of America, Woodbury, City of. (Angolkar, Stephanie) (Entered: 03/31/2011)
68 PROTECTIVE ORDER. Signed by Chief Mag. Judge Arthur J. Boylan on 3/31/11. (jam) (Entered: 03/31/2011)
69 MOTION for Admission Pro Hac Vice for ALEXANDER OWEN LEVINE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Goins, Albert) (Entered: 04/05/2011)
TEXT ONLY ENTRY − ORDER granting 69 Motion for Admission Pro Hac Vice of attorney Alexander Owen Levine for Amy Goodman, Sharif Abdel Kouddous and Nicole Salazar. Fee paid; receipt number 4−053487. Approved by Chief Mag. Judge Arthur J. Boylan on 4/5/11. (MMC) (Entered: 04/05/2011)
70 CERTIFICATE OF SERVICE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar re 69 MOTION for Admission Pro Hac Vice for ALEXANDER OWEN LEVINE (Goins, Albert) (Entered: 04/05/2011)
71 ORDER re 57 Stipulation: Expert depositions shall be completed by November 1, 2011. (See Order). Signed by Chief Mag. Judge Arthur J. Boylan on 04/11/2011. (lmb) (Entered: 04/11/2011)
72 MOTION to Compel Production of Electronically Stored Information and Responses to Discovery Requests by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Samant, Anjana) (Entered: 04/25/2011)
73 NOTICE OF HEARING ON MOTION 72 MOTION to Compel Production of Electronically Stored Information and Responses to Discovery Requests : Motion Hearing set for 5/9/2011 02:00 PM in Courtroom 9E (MPLS) before Chief Mag. Judge Arthur J. Boylan. (Samant, Anjana) (Entered: 04/25/2011)

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04/25/2011 04/25/2011 04/25/2011 04/25/2011 05/02/2011
05/02/2011
05/02/2011
05/02/2011
05/09/2011 05/09/2011 05/09/2011

74 MEMORANDUM in Support re 72 MOTION to Compel Production of Electronically Stored Information and Responses to Discovery Requests filed by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Samant, Anjana) (Entered: 04/25/2011)
75 AFFIDAVIT of Anjana Samant in SUPPORT OF 72 MOTION to Compel Production of Electronically Stored Information and Responses to Discovery Requests filed by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s))(Samant, Anjana) (Entered: 04/25/2011)
76 CERTIFICATE OF SERVICE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar re 72 MOTION to Compel Production of Electronically Stored Information and Responses to Discovery Requests, 75 Affidavit in Support of Motion, 73 Notice of Hearing on Motion, 74 Memorandum in Support of Motion, (Samant, Anjana) (Entered: 04/25/2011)
77 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar re 72 MOTION to Compel Production of Electronically Stored Information and Responses to Discovery Requests (Samant, Anjana) (Entered: 04/25/2011)
78 MEMORANDUM in Opposition re 72 MOTION to Compel Production of Electronically Stored Information and Responses to Discovery Requests filed by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Angolkar, Stephanie) (Entered: 05/02/2011)
79 AFFIDAVIT of Tina Baribeau in OPPOSITION TO 72 MOTION to Compel Production of Electronically Stored Information and Responses to Discovery Requests filed by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of. (Angolkar, Stephanie) (Entered: 05/02/2011)
80 AFFIDAVIT of Lt. Michael Kjos in OPPOSITION TO 72 MOTION to Compel Production of Electronically Stored Information and Responses to Discovery Requests filed by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of. (Attachments: # 1 Exhibit(s) A)(Angolkar, Stephanie) (Entered: 05/02/2011)
81 AFFIDAVIT of Stephanie A. Angolkar in OPPOSITION TO 72 MOTION to Compel Production of Electronically Stored Information and Responses to Discovery Requests filed by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Certificate of Service)(Angolkar, Stephanie) (Entered: 05/02/2011)
82 MOTION to Compel Discovery by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of. (Hiveley, Jason) (Entered: 05/09/2011)
83 NOTICE OF HEARING ON MOTION 82 MOTION to Compel Discovery : Motion Hearing set for 5/23/2011 01:30 PM in Courtroom 9E (MPLS) before Chief Mag. Judge Arthur J. Boylan. (Angolkar, Stephanie) (Entered: 05/09/2011)
84 MEMORANDUM in Support re 82 MOTION to Compel Discovery filed by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name

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05/09/2011
05/09/2011
05/09/2011
05/10/2011 05/16/2011 05/16/2011 05/16/2011 05/16/2011 05/16/2011 05/17/2011 05/19/2011 05/20/2011

Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of. (Angolkar, Stephanie) (Entered: 05/09/2011)
85 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of re 84 Memorandum in Support of Motion,. (Angolkar, Stephanie) (Entered: 05/09/2011)
86 AFFIDAVIT of Stephanie A. Angolkar in SUPPORT OF 82 MOTION to Compel Discovery filed by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L)(Angolkar, Stephanie) (Entered: 05/09/2011)
87 CERTIFICATE OF SERVICE by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of re 82 MOTION to Compel Discovery, 86 Affidavit in Support of Motion,, 85 LR7.1 Word Count Compliance Certificate, 84 Memorandum in Support of Motion, 83 Notice of Hearing on Motion (Angolkar, Stephanie) (Entered: 05/09/2011)
88 AMENDED NOTICE of Hearing on Motion: (Samant, Anjana) (Entered: 05/10/2011)
89 MOTION for Admission Pro Hac Vice for Jennifer Marie Oliver. Filing fee $ 100, receipt number 0864−2803973 by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Goins, Albert) (Entered: 05/16/2011)
TEXT ONLY ENTRY − ORDER granting 89 Motion for Admission Pro Hac Vice of attorney Jennifer M. Oliver for Amy Goodman,Sharif Abdel Kouddous and Nicole Salazar. Fee paid; receipt number 0864−2803973. Approved by Chief Mag. Judge Arthur J. Boylan on 5/16/11. (MMC) (Entered: 05/16/2011)
90 MEMORANDUM in Opposition re 82 MOTION to Compel Discovery filed by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Samant, Anjana) (Entered: 05/16/2011)
91 AFFIDAVIT of Anjana Samant in OPPOSITION TO 82 MOTION to Compel Discovery filed by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Samant, Anjana) (Entered: 05/16/2011)
92 CERTIFICATE OF SERVICE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar re 91 Affidavit in Opposition to Motion, 90 Memorandum in Opposition to Motion and Proposed Order (Samant, Anjana) (Entered: 05/16/2011)
93 LETTER TO MAGISTRATE JUDGE by John Doe, Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, St. Paul, City of, Woodbury, City of. (Angolkar, Stephanie) (Entered: 05/17/2011)
94 *TEXT ONLY ENTRY* NOTICE to Attorneys: The motions hearing currently scheduled for May 23, 2011, has been moved. Plaintiff and Defendant motions will be heard on May 26, 2011, at 9:30 a.m. in Courtroom 9E of the Minneapolis Courthouse. (kat) (Entered: 05/19/2011)
95 Minute Entry for proceedings held before Judge Susan Richard Nelson: The portion of Federal Defendants' Motion to Dismiss [Doc. No. 42] related to Plaintiffs' battery claim was submitted, argued and TAKEN UNDER ADVISEMENT.The portion of Federal Defendants' Motion to Dismiss [Doc. No. 42] related to Plaintiffs' Section 1983 claims is DENIED WITHOUT PREJUDICE.

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05/25/2011 05/26/2011
05/27/2011 05/31/2011
06/03/2011 06/06/2011 06/28/2011 06/28/2011 06/28/2011

The parties are to engage in discovery for a period of 90 days limited to the Federal Defendants' qualified immunity defense to these constitutional claims. At the conclusion of this limited discovery, the parties are ordered to mediation before Chief Magistrate Judge Arthur J. Boylan. If that mediation is not successful, the federal defendants may raise, if appropriate, the issue of qualified immunity by way of summary judgment. (Court Reporter Jeanne Anderson) (MJC) (Entered: 05/23/2011)
96 MOTION Clarification by John Doe, United States of America. (Fuller, David) (Entered: 05/25/2011)
99 Minute Entry for CIVIL MOTION HEARING held before Chief Mag. Judge Arthur J. Boylan on 5/26/2011. Hearing on Plaintiffs motion to compel production of electronically stored information and responses to discovery requests [Docket No. 72] and city and county defendants motion to compel discovery [Docket No. 82]. Motions taken under advisement as of May 26, 2011. The Court heard argument re protective order [Docket No. 68] and ORDERED on the record that plaintiffs health care records be designated attorneys eyes only; plaintiffs releases for social security records be limited to applications; and plaintiffs submit criminal records to the Court for in camera review. The Court heard argument re scheduling concerns and will issue an amended scheduling order extending the non−dispositive motion deadline to September 1, 2011. ORDER TO BE ISSUED. Exhibits retained by the Court. (lmb) (Entered: 06/01/2011)
97 Second MOTION Clarification by John Doe, United States of America. (Fuller, David) (Entered: 05/27/2011)
98 Amended Minute Entry for proceedings held before Judge Susan Richard Nelson: The portions of Federal Defendants' Motion to Dismiss [Doc. No. 42] related to Plaintiffs' battery claim, as well as Plaintiffs' claims for injunctive and declaratory relief, were submitted, argued and TAKEN UNDER ADVISEMENT. The portion of Federal Defendants' Motion to Dismiss [Doc. No. 42] related to Plaintffs' Section 1983 claims is DENIED WITHOUT PREJUDICE. The parties are to engage in discovery for a period of 90 days limited to the Federal Defendants' qualified immunity defense to these constitutional claims. At the conclusion of this limited discovery, the parties are ordered to mediation before Chief Magistrate Judge Arthur J. Boylan. If that mediation is not successful, the federal defendants may raise, if appropriate, the issue of qualified immunity by way of summary judgment.(Court Reporter Jeanne Anderson) (MJC) (Entered: 05/31/2011)
100 ORDER: Following a hearing on this matter on May 26, 2011, and for good cause shown, the Court enters the following amended scheduling order: (See Order): Discovery due by 9/1/2011. Motions (non−disp) due 9/1/2011. Motions (disp) due by 12/1/2011. Ready for trial due by 3/1/2012. Signed by Chief Mag. Judge Arthur J. Boylan on 06/03/2011. (lmb) (Entered: 06/03/2011)
101 ORDER denying request that the Court delay the 90−day period of limited discovery made in the Second Motion for Clarification filed by Defendants John Doe and the United States 97 .Signed by Judge Susan Richard Nelson on 06/06/11. (MJC) (Entered: 06/06/2011)
102 NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (jma) (Entered: 06/28/2011)
103 TRANSCRIPT of Hearing on Federal Defendants' Motion to Dismiss Amended Complaint held on 05/20/2011 before Judge Susan Richard Nelson. (34 pages). Court Reporter: Jeanne Anderson (E−mail: Jeanne_Anderson@mnd.uscourts.gov. Telephone: (651) 848−1221). Redaction Request due 7/19/2011. Redacted Transcript Deadline set for 7/29/2011. Release of Transcript Restriction set for 9/26/2011. For information on redaction procedures, please review Local Rule 5.5. (jma) (Entered: 06/28/2011)
104 STIPULATION for amended Protective Order by John Doe, Timothy Dolan, Bob Fletcher, Amy Goodman, Jeff Hall, John Harrington, Sharif Abdel Kouddous, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, Nicole Salazar. (Samant, Anjana) (Entered: 06/28/2011)

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06/29/2011 07/01/2011 07/06/2011 07/12/2011
07/13/2011 07/13/2011 07/14/2011 07/20/2011
07/21/2011 08/04/2011 08/05/2011
08/05/2011 08/09/2011 08/09/2011 08/30/2011 08/30/2011

105 ORDER re 104 Stipulation. (See Order). Signed by Chief Mag. Judge Arthur J. Boylan on 06/29/2011. (lmb) (Entered: 06/29/2011)
106 ORDER &MEMORANDUM: (See Order) Granting in part and denying in part 72 Motion to Compel; granting in part and denying in part 82 Motion to Compel. Signed by Chief Mag. Judge Arthur J. Boylan on 07/01/2011. (lmb) (Entered: 07/01/2011)
107 NOTICE of Withdrawal as Attorney of Brant Kuehn (NA), Kathy Le (NA), William P. Quigley and Jennifer H. Wu (Reiss, Steven) (Entered: 07/06/2011)
108 STIPULATION for Protective Order by John Doe, Timothy Dolan, Bob Fletcher, Amy Goodman, Jeff Hall, John Harrington, Sharif Abdel Kouddous, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, Nicole Salazar, St. Paul, City of, United States of America, Woodbury, City of. (Angolkar, Stephanie) (Entered: 07/12/2011)
109 LETTER TO MAGISTRATE JUDGE by Timothy Dolan, Bob Fletcher, Jeff Hall, John Harrington, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, St. Paul, City of, Woodbury, City of. (Angolkar, Stephanie) (Entered: 07/13/2011)
110 LETTER TO MAGISTRATE JUDGE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (Goins, Albert) (Entered: 07/13/2011)
111 *TEXT ONLY ENTRY* NOTICE to Attorneys: The deadline to file a stipulation or independent proposal by July 15, 2011, is continued. Order to be issued. (kat) (Entered: 07/14/2011)
113 ORDER: The deadline for Plaintiffs and City and County Defendants to submit their stipulation or independent proposals, consistent with the terms of the July 1, 2011 Order, is continued to August 5, 2011. Signed by Chief Mag. Judge Arthur J. Boylan on 07/20/2011. (lmb) Modified filing date on 7/21/2011 (lmb). (Entered: 07/21/2011)
112 PROTECTIVE ORDER. Signed by Chief Mag. Judge Arthur J. Boylan on 07/21/2011. (lmb) (Entered: 07/21/2011)
114 ORDER: The Clerk of Court file said criminal records under seal, which shall remain under seal unless by further order of the Court. (See Order). Signed by Chief Mag. Judge Arthur J. Boylan on 08/04/2011. (lmb) (Entered: 08/04/2011)
115 PROPOSED STIPULATION FOR PRODUCTION OF ELECTRONIC DISCOVERY re 113 Order, by Timothy Dolan, Bob Fletcher, Amy Goodman, Jeff Hall, John Harrington, Sharif Abdel Kouddous, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, Nicole Salazar, St. Paul, City of, Woodbury, City of. (Goins, Albert) Modified text on 8/9/2011 (lmb). (Entered: 08/05/2011)
116 CERTIFICATE OF SERVICE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar re 115 Stipulation, (Goins, Albert) (Entered: 08/05/2011)
117 ORDER: That the Plaintiffs and Defendants shall adhere to the discovery obligations and deadlines as set forth herein. (See Order). Signed by Chief Mag. Judge Arthur J. Boylan on 08/08/2011. (lmb) (Entered: 08/09/2011)
118 ORDER/NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 9/29/2011 09:00 AM in Judge's Chambers 9E (MPLS) before Chief Mag. Judge Arthur J. Boylan. Signed by Chief Mag. Judge Arthur J. Boylan on 08/08/2011. (lmb) (Entered: 08/09/2011)
119 STIPULATION to Extend the Pretrial Schedule by all parties. (Attachments: # 1 Certificate of Service)(Reiss, Steven) Modified on 8/30/2011 (kt). (Entered: 08/30/2011)
120 MOTION for Admission Pro Hac Vice for Serj Alex Khachaturian by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar. (akl) Document QCd on 2/3/12. (RLR) (Entered: 08/30/2011)

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08/30/2011 08/31/2011
09/21/2011 09/22/2011
09/28/2011 09/28/2011 09/29/2011
12/01/2011 01/19/2012
01/20/2012 01/20/2012 01/24/2012 01/24/2012 01/25/2012

TEXT ONLY ENTRY−ORDER granting 120 Motion for Admission Pro Hac Vice of Attorney Serj Alex Khachaturian for Amy Goodman,Sharif Abdel Kouddous, Nicole Salazar. Fee paid; receipt number 3−8754. Approved by Chief Mag. Judge Arthur J. Boylan on 08/30/2011. (MAP) (Entered: 08/30/2011)
121 ORDER: Upon consideration of the Parties Joint Stipulation to Extend the Pretrial Schedule [Docket No. 119], it is hereby ORDERED that the Parties motion is GRANTED, and that the Pretrial Scheduling Order is amended as follows: (See Order). Discovery due by 12/15/2011. Motions (non−disp) due 12/15/2011. Motions (disp) due by 4/1/2012. Ready for trial due by 7/1/2012. Signed by Chief Mag. Judge Arthur J. Boylan on 08/31/2011. (lmb) (Entered: 08/31/2011)
122 AMENDED ORDER OF SETTLEMENT CONFERENCE: Settlement Conference set for 10/18/2011 09:00 AM in Judge's Chambers 9E (MPLS) before Chief Mag. Judge Arthur J. Boylan. Signed by Chief Mag. Judge Arthur J. Boylan on 09/21/2011. (lmb) (Entered: 09/21/2011)
123 ORDER AND NOTICE OF SETTLEMENT CONFERENCE: IT IS HEREBY ORDERED that the Court hereby vacates its Amended Order of Settlement Conference dated September 21, 2011. The Settlement Conference shall go forward on September 29, 2011, at 8:00 a.m. in Chambers 9E, 300 South Fourth Street, Minneapolis, Minnesota. The parties have been advised that the Court will be conducting all day settlement conferences in two cases on said date. Signed by Chief Mag. Judge Arthur J. Boylan on 09/22/2011. (lmb) (Entered: 09/22/2011)
124 MOTION for Admission Pro Hac Vice for Baher A. Azmy for Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar by Albert T. Goins, Sr. (MMP) (Entered: 09/28/2011)
TEXT ONLY ENTRY−ORDER granting 124 Motion for Admission Pro Hac Vice of Attorney Baher A Azmy for Amy Goodman,Sharif Abdel Kouddous,Nicole Salazar. Fee paid; receipt number 3−8846. Approved by Chief Mag. Judge Arthur J. Boylan on 09/28/2011. (MAP) (Entered: 09/28/2011)
125 Minute Entry for proceedings held before Chief Mag. Judge Arthur J. Boylan: SETTLEMENT CONFERENCE held on 9/29/2011. SETTLEMENT REACHED. Terms stated on the record. Any transcript of the terms of settlement is Confidential and shall be SEALED, with access being allowed only to the parties and their counsel. (lmb) (Entered: 09/30/2011)
126 SEALED TRANSCRIPT of Settlement Conference held on 9/29/11 before Judge Arthur J. Boylan. Court Reporter: Ronald J. Moen. FILED CONVENTIONALLY UNDER SEAL. (RLR) (Entered: 12/01/2011)
127 STIPULATION of Dismissal With Prejudice by John Doe, Timothy Dolan, Bob Fletcher, Amy Goodman, Jeff Hall, John Harrington, Sharif Abdel Kouddous, Sean McGinty, Dennis Milner, Minneapolis, City of, (First Name Unknown) Nasset, (First Name Unknown) Pomeroy, Ramsey, County of, John Roe 1−20, Nicole Salazar, St. Paul, City of, Woodbury, City of. (Hiveley, Jason) (Entered: 01/19/2012)
128 NOTICE of Voluntary Dismissal by All Plaintiffs (Goins, Albert) (Entered: 01/20/2012)
129 CERTIFICATE OF SERVICE by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar re 128 Notice of Voluntary Dismissal as to Federal Defendants (Goins, Albert) (Entered: 01/20/2012)
130 ORDER DISMISSING CASE. Signed by Judge Susan Richard Nelson on 1/23/12. (LPH) (Entered: 01/24/2012)
131 JUDGMENT (Attachments: # 1 Civil Notice − appeal, # 2 Civil−8th Circuit Pre−Hearing Conference Notice). (lmb) (Entered: 01/24/2012)
132 DOCUMENT FILED IN ERROR − STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASE OF FEDERAL TORT CLAIMS ACT CLAIMS PURSUANT TO 28 USC 2677 by Amy Goodman, Sharif Abdel Kouddous, Nicole Salazar, United States of America. (Fuller, David) Modified TEXT on 1/25/2012

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03/20/2012 03/21/2012 04/16/2012 04/11/2013
05/16/2013

(MMP). (Entered: 01/25/2012)
133 Minute Entry for proceedings held before Chief Mag. Judge Arthur J. Boylan: Telephone Conference held on 3/20/2012. Order to be issued. (jam) (Entered: 03/20/2012)
134 ORDER: the Court shall continue to retain jurisdiction of the above matter until April 23, 2012. The parties are directed to submit to the undersigned no later than 4:30 p.m. on March 30, 2012, a letter setting forth their view of the settlement. The parties shall also provide the Court with a copy of transcript of the settlement which was placed on the record on September 29, 2011. Signed by Chief Magistrate Judge Arthur J. Boylan on 03/20/2012. (MMP) Modified text on 3/21/2012 (MMP). (Entered: 03/21/2012)
135 ORDER That the request by Plaintiffs that the local Defendants further confer with Plaintiffs to make good faith efforts to develop and implement a mutually agreeable training protocol is denied. Signed by Chief Mag. Judge Arthur J. Boylan on 04/16/2012. (jz) (Entered: 04/16/2012)
136 NOTICE: On May 26, 2011, the Court ordered on the record that Plaintiffs submit their criminal records to the Court for in camera review, and further ordered that said documents be filed under seal and retained by the Clerk of Court. The above matter having been dismissed on January 24, 2012, and pursuant to Local Rule 79.1, the Court intends to destroy Plaintiffs criminal records which were filed under seal in the above captioned matter unless otherwise notified by counsel within 30 days of the Notice. If counsel intends to retrieve Plaintiffs criminal records previously filed under seal in this action, please contact my Judicial Assistant Kathy Thobe at 612−664−5470. If the Court is not advised to proceed otherwise by May 15, 2013, the above referenced materials will be destroyed. Signed by Chief Mag. Judge Arthur J. Boylan on 04/11/2013. (lmb) (Entered: 04/11/2013)
137 *TEXT ONLY ENTRY* NOTICE to Attorney: Per Chief Magistrate Judge Boylan's Order dated April 11, 2013, the criminal records submitted to the Court for in camera review have been destroyed. (LJG) (Entered: 05/16/2013)