Samaha v. City of Minneapolis

525 F.Supp.3d 933

Jamal SAMAHA, Lauren Coleman, Jordan Meyer, Andy Delany, Mary Grace, Bonnie Brown, and Jonathan Mason, on behalf of themselves and others similarly situated, Plaintiffs,

v.The CITY OF MINNEAPOLIS; Minneapolis Chief of Police Medaria Arradondo, in his individual and official capacity; and John Does 1-100, in their individual and official capacities, Defendants.

Case No. 20-cv-01715 (SRN/DTS)

United States District Court, D. Minnesota.

Signed March 11, 2021

Brittany N. Resch, Daniel E. Gustafson, and Joshua J. Rissman, Gustafson Gluek PLLC, 120 South Sixth Street, Suite 2600, Minneapolis, MN 55402, for Plaintiffs.

Heather Passe Robertson, Kristin R. Sarff, and Sharda R. Enslin, Minneapolis City Attorney's Office, 350 South Fifth Street, Suite 210, Minneapolis, MN 55415, for the City of Minneapolis and Medaria Arradondo.

MEMORANDUM OPINION AND ORDER

SUSAN RICHARD NELSON, United States District Judge

This matter is before the Court on the Motion to Dismiss [Doc. No. 12] filed by the City of Minneapolis and Medaria Arradondo (collectively, "the City Defendants"). Based on a review of the files, submissions, and proceedings herein, and for the reasons below, the Court GRANTS in part and DENIES in part the City Defendants’ motion.

I. BACKGROUND

On May 25, 2020, George Floyd tragically died in the custody of the Minneapolis Police Department, triggering widespread demonstrations across the country. In the following days, protesters took to the streets of Minneapolis—and in some cases, there were riots, as looters and arsonists embedded themselves in groups of otherwise peaceful protesters. This litigation—and several similar lawsuits—arises from the state and municipal response to the challenging circumstances of the George Floyd protests.

Plaintiffs are several Minneapolis residents¹ who participated peacefully in the protests. They allege that members of the Minneapolis Police Department ("MPD") responded to the protests with excessive force, in violation of their constitutional rights. Namely, Plaintiffs allege that they, and other peaceful protesters like them, were subjected to tear gas, pepper spray, rubber bullets, and other "less-lethal munitions," without warning and despite the peaceful nature of their demonstrations. Accordingly, Plaintiffs seek relief under 42 U.S.C. § 1983 for violations of their First, Fourth, and Fourteenth Amendment rights. Plaintiffs also seek to represent two putative classes, comprising (1) all peaceful protesters subjected to excessive force by the MPD during the George Floyd protests, and (2) all persons who have been subjected to excessive force by the MPD. (Compl. [Doc. No. 1], at ¶ 190.) As a class, Plaintiffs seek declaratory and injunctive relief.

Defendants are the City of Minneapolis; Medaria Arradondo, in his individual capacity and in his capacity as the MPD's Chief of Police; and the John Doe officers involved in the use of force against Plaintiffs.

The City Defendants move to dismiss the claims against them, arguing that the Complaint fails to state a claim under Monell v. Department of Social Services of City of New York , 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), and that the claims against Chief Arradondo in his individual capacity are not well-pleaded. The City Defendants also argue that Plaintiffs lack standing to pursue prospective relief, both individually and as a class. Finally, the City Defendants contend that Plaintiffs have not satisfied the requirements of Federal Rule of Civil Procedure 23, and therefore seek to strike the class allegations from the Complaint.

Against this backdrop, the Court turns to the record pertinent to the City Defendants’ motion. At this stage, the Court accepts the facts alleged by the Plaintiffs as true, views those allegations in the light most favorable to the Plaintiffs, and may generally consider only the facts alleged in the pleadings. Hager v. Arkansas Dep't of Health , 735 F.3d 1009, 1013 (8th Cir. 2013) ; Illig v. Union Elec. Co. , 652 F.3d 971, 976 (8th Cir. 2011).

A. May 26 and May 27, 2020 Protests

The day following George Floyd's death, protests began across Minneapolis. Plaintiffs allege that throughout the day on May 26, 2020, the protests were "peaceful and somber events." (Compl. ¶ 30.) But, beginning at 8:00 p.m., MPD officers allegedly "began using crowd-control devices, including pepper spray, mace, tear gas, rubber bullets, and flash bangs, firing indiscriminately into the crowd of protesters." (Id. ) It is alleged that MPD officers additionally "spray[ed] tear gas on peaceful protesters who were singing and holding signs." (Id. ¶ 31.)

Plaintiffs allege that, as the protests continued, so did the MPD's use of force. On May 27, "hundreds of protesters and people peacefully marched" from Cup Foods in Minneapolis to the MPD's Third Precinct building. (Id. ¶ 33.) It is alleged that "the vast majority of protesters were peacefully demonstrating when [MPD] officers began arbitrarily spraying mace, pepper spray, tear gas, and rubber bullets at the people gathered." (Id. )

B. May 28, 2020 Protests

On May 28, Plaintiff Lauren Coleman participated in a protest that began at Government Plaza in Minneapolis and moved toward Hennepin Avenue. (Id. ¶ 38.) It is alleged that when the group paused at Hennepin Avenue and Fifth Street, a group of three MPD vehicles began to drive through the crowd. (Id. ¶¶ 39-40.) Although the first two vehicles were allegedly able to pass through the crowd unobstructed, an officer in the third vehicle sprayed pepper spray out the window of the moving vehicle. (Id. ¶¶ 40-43.) In addition, the officers allegedly deployed tear gas into the crowd. (Id. ¶ 42.) Coleman and other protesters were hit by the pepper spray, and fled. (Id. ¶ 44.)

That evening, Plaintiff Jonathan Mason joined a protest near the Mayo Clinic building on Hennepin Avenue and Sixth Street. (Id. ¶ 47.) As Minnesota State Patrol officers stood in formation blocking the roadway, Mason "verbally engaged" one of the officers. (Id. ¶¶ 48, 51.) It is alleged that the State Patrol officer acknowledged Mason, and that no officer gave Mason a warning to back up or otherwise gave "the slightest indication Mason presented an immediate threat." (Id. ¶ 52.) Nonetheless, an MPD officer allegedly approached Mason and sprayed him with pepper spray. (Id. ¶ 53.)

C. May 29, 2020 Protests

Beginning on May 29, 2020, Governor Tim Walz imposed a curfew for the cities of Minneapolis and St. Paul. (Id. ¶ 56.)

State officials also activated a Multi-Agency Command Center ("MACC"), a temporary coordinating agency under the Minnesota Department of Public Safety. (Id. ¶ 57.) It is alleged that the MACC "served as a unified command of federal, state, and local law enforcement and public safety agencies to support the state's response to any unrest that developed following the death of George Floyd," and that representatives of the MPD, along with numerous other state and local law enforcement entities, participated in the MACC. (Id. ) As the protests continued, the MACC coordinated the law enforcement response. (Id. ¶ 58.)

Around 8:00 p.m., protesters kneeled in front of the Third Precinct building. (Id. ¶ 60.) It is alleged that the protesters were peaceful, did not intend to be violent, and intended only to display civil disobedience to the curfew. (Id. ) Before the curfew took effect, MPD officers allegedly fired tear gas canisters into the crowd of protesters. (Id. )

D. May 30, 2020 Protests

On May 30, 2020, Governor Tim Walz again imposed an 8:00 p.m. curfew. (Id. ¶ 61.) The curfew allegedly permitted people to stand in their front and back yards after 8:00 p.m. (Id. ) Nonetheless, it is alleged that shortly after the curfew started, MPD officers used "tear gas and other less-than-lethal measures on anyone and everyone that was out," including journalists, peaceful protesters, and people standing on their porches. (Id. ¶¶ 64-65.) Plaintiffs allege such uses of force in several areas in the vicinity of Nicollet Avenue in Minneapolis. (Id. ¶¶ 66-69.) In one incident, MPD officers allegedly fired rubber bullets at a news crew "standing nowhere near protesters" in a parking lot. (Id. ¶ 69.)

Plaintiff Bonnie Brown alleges that she joined a group of protesters at the intersection of 31st Street and Nicollet Avenue, near the Fifth Precinct building. (Id. ¶ 70.) Plaintiffs Jordan Mayer and Jamal Samaha were also present near the Fifth Precinct. (Id. ¶¶ 75, 82.) It is alleged that the group sat or knelt peacefully while listening to speeches and group prayers, and that children were present. (Id. ¶¶ 71, 76.) MPD officers and National Guard soldiers allegedly approached the group and, without warning or orders to disperse, fired tear gas, rubber bullets, and flashbangs into the crowd. (Id. ¶¶ 72, 80.) According to Samaha, MPD officers approached the group on all sides to disperse them toward the northeast, and fired tear gas and flashbangs into the middle of the crowd. (Id. ¶ 85.) Samaha alleges that he witnessed a four- or five-year-old child be tear gassed. (Id. ) Samaha also alleges that he witnessed MPD officers in their squad cars attempt "to run people over, even people on the sidewalks, to arrest them." (Id. ¶ 86.)

E. May 31, 2020 Protests

On May 31, 2020, Governor Walz again imposed an 8:00 p.m. curfew. (Id. ¶ 88.) State officials also planned to close roads, including Interstate 35W and Interstate 94, at 7:00 p.m. (Id. ¶ 89.) Plaintiffs Andy Delany, Samaha, Brown, and Meyer joined "thousands" of protesters marching through Minneapolis and onto the Interstate 35W bridge. (Id. ¶ 90.) Although initially scheduled for 7:00 p.m., state officials began the road closures at 5:00 p.m. (Id. ¶ 89.) Nonetheless, at 5:46 p.m. a large tanker truck remained on the northbound lane of Interstate 35W, and drove into the crowd of protesters at approximately 70 mph. (Id. ¶¶ 92, 100.) As protesters fled from the truck, MPD vehicles allegedly entered Interstate 35W...