Larson v. City of Minneapolis
| Citation | 568 F.Supp.3d 997 |
| Decision Date | 20 October 2021 |
| Docket Number | File No. 21-cv-714 (ECT/JFD) |
| Parties | Autumn LARSON, Plaintiff, v. CITY OF MINNEAPOLIS and Doe Officers #1-30, all in their individual and official capacities, Defendants. |
| Court | U.S. District Court — District of Minnesota |
Nathaniel John Ajouri and Julian C. Zebot, Maslon LLP, Minneapolis, MN, for Plaintiff Autumn Larson.
Kristin R. Sarff, Sharda R. Enslin, and Heather Passe Robertson, Minneapolis City Attorney's Office, Minneapolis, MN, for Defendant City of Minneapolis.
On May 30, 2020, Plaintiff Autumn Larson traveled to Minneapolis from her home in Maple Grove, Minnesota, to peacefully protest George Floyd's murder. After protesting, Larson attempted to drive home. Whether by choice, accident, or necessity, Larson's route home brought her to the intersection of East Lake Street and Hiawatha Avenue, a location teeming with protest and police activity. There, unknown law enforcement officers fired projectiles. One projectile struck Larson in her face, causing serious injuries.
Larson brought this case under 42 U.S.C. § 1983 and Minnesota's Municipal Tort Claims Act, Minn. Stat. § 466.01 – 466.15, seeking to recover damages and attorneys’ fees. The predicate federal violations for Larson's § 1983 claims fall in two categories. Larson alleges that (1) the officers used excessive force in violation of her rights under the Fourth and Fourteenth Amendments, and (2) Minneapolis Mayor Jacob Frey's imposition of a citywide nighttime curfew was facially unconstitutional and violated her rights under the First Amendment to freedom of speech and assembly, as well as her rights under the Fourteenth Amendment to freedom of movement and public presence.
The City has moved to dismiss Larson's § 1983 claims in the second category—her First Amendment freedom-of-speech and Fourteenth Amendment freedom-of-movement claims—under Federal Rule of Civil Procedure 12(b)(6). The City's motion will be granted, but on a jurisdictional ground: Larson lacks Article III standing to pursue these claims. If that weren't so, Larson's claims would fail on their merits.
The day after George Floyd's May 25, 2020 murder, "thousands of Minneapolis residents took to the city's public streets and spaces to protest." Compl. ¶ 31 [ECF No. 1]. Though the "vast majority" of protestors behaved peacefully, many did not. Id. , ¶¶ 31, 32. On May 27, the City "responded to a number of fires that occurred in the vicinity of the Third Precinct along Lake Street near the intersection with Hiawatha Avenue." Id. ¶ 32. The Third Precinct covers the City's southeast region, running west-to-east from I-35W to the Mississippi River and north-to-south from I-94 to the City's southern border. See Minneapolis, Resident Services, Police Public Safety, Precinct finder map , https://www.minneapolismn.gov/resident-services/public-safety/prevent-prepare/crime-prevention/crime-alert-signup-map/ (last visited Oct. 19, 2021).
Prompted by arson, looting, and other "damage to people and property" in and around the Third Precinct, Mayor Jacob Frey declared a local emergency on May 28. Compl. ¶ 32; see City of Minneapolis, Mayoral Declaration of Local Emergency (May 28, 2020). By this time, Mayor Frey already had asked the State of Minnesota for aid—including National Guard deployment—because "restoring safety and calm" were "beyond the capacity and resources" of the City. Id. Mayor Frey ordered the City's Director of Emergency Management to "immediately request and coordinate the appropriate aid and resources from surrounding city and county jurisdictions, the State of Minnesota, and the United States Federal Government," and he convened a team of public officials to coordinate Minneapolis's response during the state of emergency. Id. That same day, Minnesota Governor Tim Walz issued Emergency Executive Order 20-64, which "activat[ed] the Minnesota National Guard and declar[ed] a peacetime emergency to provide safety and protection to the people of Minneapolis, St. Paul, and surrounding communities." State of Minnesota, EEO 20-64 (May 28, 2020).
On May 29, Governor Walz, Mayor Frey, and other public officials in and around the Twin Cities issued emergency temporary nighttime curfew orders.2 Governor Walz, acting "in coordination with the Cities of Minneapolis and Saint Paul," did so through Emergency Executive Order 20-65. State of Minnesota, EEO 20-65 (May 29, 2020). Governor Walz observed that arson, looting, and destruction of property had continued in Minneapolis. Residential buildings had been destroyed and a police precinct set on fire. Id. Noting that "much of the destruction and violence ha[d] taken place under the cover of darkness," Governor Walz imposed a curfew "in all public places within the City of Minneapolis and the City of Saint Paul" from 8:00 p.m. on May 29 until 6:00 a.m. on May 30, and again from 8:00 p.m. on May 30 until 6:00 a.m. on May 31. Id. at 2. With some exceptions, Governor Walz's curfew banned "all persons" from "travel[ing] on any public street or in any public place" in either city. Id. at 2. Governor Walz issued successive executive orders imposing nighttime curfews in Minneapolis and St. Paul, though eventually with more limited hours, through the morning of June 5, 2020. See State of Minnesota, EEO 20-71 (June 3, 2020).
To "protect public health, safety, and welfare," Mayor Frey subsequently issued Emergency Regulation No. 2020-2-1—a substantially similar, overlapping, citywide curfew in Minneapolis—for the same nighttime periods covered by Governor Walz's Executive Order. Compl. ¶ 37; City of Minneapolis, ER 20-2-1 (May 29, 2020). Mayor Frey's curfew order prohibited travel in "any public place," which the order defined to mean "any place, whether on privately or publicly owned property, accessible to the general public, including but not limited to public streets and roads, alleys, highways, driveways, sidewalks, parks, vacant lots, and unsupervised property." Id. Mayor Frey issued successive orders extending the curfew, though eventually with more limited hours, through the morning of June 3, 2020. See City of Minneapolis, ER 2020-2-2 (May 31, 2020) (extending curfew from 8:00 p.m. on May 31 through 6:00 a.m. on June 1); City of Minneapolis, ER 2020-2-3 (June 1, 2020) (extending curfew from 10:00 p.m. on June 1 through 4:00 a.m. on June 2, and from 10:00 p.m. on June 2 through 4:00 a.m. on June 3).
On May 30, Larson drove to Minneapolis from her home in Maple Grove, Minnesota, "to peacefully protest the killing of George Floyd." Compl. ¶¶ 10–11, 42. Larson sought to "make known and voice her displeasure with the violence perpetuated by [Minneapolis Police Department] officers against people of color and particularly against African-American men." Id. ¶ 42. She parked her car on Stevens Avenue around 7:00 p.m. and walked to a protest "principally located on East 31st Street and Nicollet Avenue." Id. ¶¶ 43–44.3 This protest was peaceful—people recited prayers, told stories, and gave speeches. Id. ¶ 46.
Larson remained at this protest "until approximately 8:00 p.m.," when those in attendance began walking east towards Stevens Avenue. Id. ¶¶ 47–48. "Done with protesting and attempting to comply with the curfew order," Larson "followed this group of people so that she could retrieve her car and return home." Id. ¶ 49. By this time, Larson's presence on the street violated the curfews imposed by Governor Walz and Mayor Frey. Id. ¶ 50; EEO 20-65; ER 20-2-1.
When Larson was within "approximately one block" of her car, police officers without warning fired "tear gas, flash bang grenades, and other projectiles into the group of people." Id. ¶ 51. This caused "confusion, disorientation, and fear" among the crowd, including Larson, who retreated several blocks "to escape injury from the[ ] projectiles." Id. ¶¶ 53–54. Larson's retreat left her "even further away from her parked car than when she started." Id. ¶ 54. After sheltering briefly in a local resident's home, Larson tried again to walk in the direction of her parked car but was met by police officers who deployed projectiles and "charge[ed] at" her. Id. ¶¶ 55–56, 58–60. Larson fled. "Another local resident allowed [Larson] ... to wait in the resident's yard until the police presence dissipated and [Larson] could safely return to [her] car." Id. ¶¶ 61–62.
Larson drove to the intersection of East Lake Street and Hiawatha Avenue/Highway 55 and tried to access northbound Highway 55 to return home. Id. ¶¶ 61–63. Though a large group of protestors initially blocked Larson's path to the highway, and despite a "large police presence" nearby, Larson managed to enter the on-ramp to northbound Highway 55. Id. ¶¶ 64–66. Once there, however, a vehicle obstructed Larson's path, and "police officers began shouting at [Larson] to leave the area." Id. ¶¶ 66–68. Larson rolled down her car window to hear the officers, and as she continued to try to maneuver around the vehicle obstructing her path to the highway, an unidentified officer "fired a cannister of tear gas directly at her car." Id. ¶¶ 69–70. The resulting tear gas choked and blinded Larson. Id . ¶ 71. She moved her head to the open window and an unidentified officer, without warning, deployed a projectile "directly" at Larson's face, "striking her on the bridge of her nose" and "knocking her unconscious at the wheel of her still-running car." Id. ¶¶ 71–73. The unknown officers did not detain Larson or attempt to render aid. Id. ¶¶ 83–84. Larson regained consciousness, collected herself, and was taken to a hospital to treat her injuries. Id. ¶¶ 81–82, 125–134.
Larson brought this lawsuit against the City of Minneapolis and thirty "Doe Officers" whose "true names and capacities" were currently unknown in March 2021, when Larson filed her complaint. Id. ¶ 20. The Doe Officers are "likely members of the [Minneapolis Police Department], though they may have been operating...
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