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Judge weighs City of Minneapolis, police chief's motion to dismiss lawsuit filed by fired former officer

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Judge weighs City of Minneapolis, police chief's motion to dismiss lawsuit filed by fired former officer


MPD seeks to dismiss defamation lawsuit

A Hennepin County District Court judge will decide if a lawsuit filed against the City of Minneapolis and its police chief will go forward.

Former Minneapolis Police Officer Tyler Timberlake, who filed the lawsuit, was ousted six months after he was hired after body camera video of him kneeling and using a stun gun on an unarmed man at his former department in Virginia surfaced in the Twin Cities last spring.

New documents reveal more questions of transparency, hiring process at MPD

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Timberlake sued the city and Minneapolis Police Chief Brian O’Hara in December, claiming O’Hara was fully aware of the 2020 use-of-force incident when he was hired but fired him months later anyway. The complaint alleged the chief of police made public false statements about what he knew and when.

Attorneys for O’Hara and the city, during a motion to dismiss hearing on Tuesday, claimed the case has no merit and requested the judge dismiss the lawsuit entirely.

Speaking on behalf of O’Hara, attorney Vicki Hruby argues that the chief cannot be sued for defamation because he has what’s known as “absolute privilege” under the law.

“I’d like to focus on Chief O’Hara’s role as a top-level executive in the City of Minneapolis,” she said, beginning to lay out the argument for “absolute privilege,” which Assistant City Attorney Munazza Humayun later referred to as the city’s “primary argument” as well.

In other words, the pair of attorneys argued, it doesn’t matter in this case whether or not the chief made false statements when he told journalists that he was unaware of the extent of the use-of-force incident Timberlake was previously involved in, claiming he cannot be sued for defamation because of his role as police chief and his responsibility to respond to media inquiries.

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“Absolute privilege exists so top-level government officials will not hesitate when executing their job duties and keeping the public informed on issues of public concern,” Hruby said. “Under [the] plaintiff’s theory, they’re trying to, essentially, muzzle government officials. That’s contrary to long-standing precedent in this state.”

“There is no muzzling,” responded Timberlake’s attorney, Joe Tamburino, in an exclusive interview with 5 EYEWITNESS NEWS following the hearing. “Public information is very important. But when you go out in the press and you defame someone, that’s not giving public information.”

Tamburino noted that O’Hara didn’t address Timberlake’s hire until questions were asked, arguing the chief’s statements to the press were “self-serving” rather than an act of public service.

“Basically, the chief and the city argued to the court that the Chief of Police should have absolute immunity. That would expand absolute immunity to basically 300 other departments — law enforcement agencies — throughout the state,” he responded. “And, think about absolute immunity. That means no matter what you say, you can’t be liable. It’s a huge expansion of the law that has never happened before.”

In defense of the absolute privilege argument, another attorney for O’Hara, Doug Kelley, told 5 EYEWITNESS NEWS on Tuesday evening: “A high-ranking public official has the right to explain his actions and put information out in full transparency for the public, and Chief O’Hara has that right as he tries to reform MPD.”

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The decision on whether to dismiss the lawsuit or let it continue its course based on Tuesday’s oral arguments is in the hands of Hennepin County District Court Judge Karen Janisch. If she rules against the city and police chief’s motions to dismiss, the case would be headed for trial, where more evidence is expected regarding how much the police chief knew and when — and if, as Timberlake has claimed, O’Hara gave him assurances that his past shouldn’t be a problem upon signing off on his hire.

A ruling is expected later this summer, if not sooner.



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Minneapolis, MN

Speeding Driver Runs Red Lights, Kills 2 In Minneapolis: Prosecutors

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Speeding Driver Runs Red Lights, Kills 2 In Minneapolis: Prosecutors


MINNEAPOLIS — A 38-year-old Minneapolis woman is accused of speeding through multiple red lights before causing a crash at Emerson Avenue North and 26th Avenue North that left two people dead and two injured.

Teniki Steward, 38, faces two counts of criminal vehicular homicide and two counts of criminal vehicular operation. If convicted, she faces up 10 years in prison and a $20,000 fine.

The crash killed Esther Jean Fulks and Rose Elaine Reece.

“Our office has been in close communication with the Minneapolis Police Department regarding this case, which was submitted to our office on Thursday and charged Friday,” Hennepin County Attorney Mary Moriarty said.

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“This was another completely avoidable incident of a car being driven irresponsibly with disastrous consequences. Our thoughts are with the surviving victims and with the families of the two members of our community who were killed.”

On Dec. 16, Minneapolis police responded to a crash at the intersection of Emerson Avenue North and 26th Avenue North.

Prosecutors said Steward was driving a Buick Enclave at a high rate of speed when she ran a red light at Emerson Avenue North and Broadway Avenue North, nearly causing a collision.

Steward continued driving northbound on Emerson Avenue North at high speed, according to authorities.

As she approached 26th Avenue North, the traffic light for northbound traffic was red. Despite this, Steward entered the intersection at high speed and struck a Ford Explorer traveling eastbound, which was lawfully entering the intersection on a green light, authorities said.

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The collision killed both individuals in the Ford Explorer. The force of the impact caused the Explorer to hit a pedestrian on the sidewalk, resulting in a third victim.

The passenger in the Buick Enclave also suffered injuries in the crash



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Twin Cities enjoy 'white Christmas'

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Twin Cities enjoy 'white Christmas'


After last year’s brown Christmas, the big question people had in the Twin Cities metro this holiday season was will it be a white or brown Christmas? It was officially a white Christmas once again in Minnesota’s big cities.



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Journalist Michele Norris to headline Minneapolis MLK breakfast

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Journalist Michele Norris to headline Minneapolis MLK breakfast


The annual Dr. Martin Luther King Jr. Holiday Breakfast is scheduled for Jan. 20 in Minneapolis with a keynote address by journalist and Minnesotan Michele Norris.

The 35th annual breakfast, which host General Mills says is one of the largest in the country, will be held from 8-9:30 a.m. (doors open at 7 a.m., with pre-event programming starting at 7:30 a.m.) at the Minneapolis Convention Center. It’s held every year in support of the United Negro College Fund.

“Every year, the Breakfast brings together nearly 2,500 people – community leaders, elected officials, teachers and students, nonprofit members, corporate employees, and more – all who have a passion and commitment to bringing people together and serving others,” General Mills Communications Manager Mollie Wulff said. “Year after year, we hear that the breakfast is like ‘a big family reunion.’”

The theme of the new year’s event is “One People,” inspired by a message from Dr. King’s Letter from a Birmingham Jail: “We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

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“The Breakfast is an opportunity for the local community to honor Dr. King and live out his message of unity and serving others,” Wulff said.

Award-winning journalist, radio host and author Michele Norris will speak on topics of race, culture and communication in America. The program will be moderated by Blue Cross Endowed Professor of Health and Racial Equity Founding Director, Center for Antiracism Research for Health Equity, Dr. Rachel Hardeman.

A former NPR journalist, Norris was born in Minneapolis and “encouraged by her parents to read the newspaper and watch the evening news” growing up, according to thehistorymakers.org. She attended Washburn High School and eventually majored in journalism and mass communications at the University of Minnesota.

Norris reported for multiple media outlets including the Washington Post, Chicago Tribune and L.A Times. Because of her work, she has won numerous awards including the University of Minnesota’s Outstanding Achievement Award, the National Association of Black Journalists’ Salute to Excellence Award, Ebony magazine’s Outstanding Women in Marketing & Communications Award and was named one of Essence Magazine’s 25 Most Influential Black Americans.

A current resident of Washington, D.C., Norris is also an MSNBC Senior Contributing Editor; founder of “The Race Card Project,” which asks people globally to share their thoughts and questions about race in six words; host of podcast “Your Mama’s Kitchen“; and author of the New York Times Best Selling book, “Our Hidden Conversations,” which explores uncomfortable conversations surrounding race and identity.

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Sounds of Blackness, a three-time Grammy-winning band that got their start at Macalester College, is scheduled to perform at the event as well. The band’s sound is a blend of jazz, blues, spirituals, rock and roll, hip-hop and soul. Threads Dance Project, with a Choral Reading by VocalEssence Singers of this Age, will also be performing.

Proceeds from the breakfast will go to UNCF Twin Cities, helping under-represented students attend college in honor of King, who graduated from a historically Black college.

“We are grateful for General Mills’ partnership in bringing this cornerstone event to the Twin Cities community every year,” Dr. Michael L. Lomax, president and CEO of UNCF said in the release. “This event helps provide life-changing support for students to help them get to and through college and go after their dreams.”

To purchase tickets and for more event information, visit MLKBreakfast.com.

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