Minneapolis, MN
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
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.
“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.”
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.
Minneapolis, MN
GOP responds to MN fraud developments
Rep. Patti Anderson (R- Dellwood), who serves as Vice Chair on the House oversight committee, spoke on the recent developments about fraud in Minnesota, including accusations that GOP members were not sharing whistleblower tips with the Department of Human Services.
Minneapolis, MN
Minnesota State Patrol squad car hit on I-94 in Minneapolis, driver arrested for DWI
MINNEAPOLIS (FOX 9) – A 24-year-old driver was arrested late Friday night after crashing into a Minnesota State Patrol squad car on Interstate 94 in Minneapolis.
State Patrol squad car hit
The backstory:
The Minnesota State Patrol said just before 10 p.m., a state trooper was responding to a two-vehicle crash on I-94 near Franklin Avenue. While on the scene, a Toyota Camry driver struck the unoccupied squad car from behind. The squad car had its emergency lights on at the time.
MnDOT traffic cameras captured the moment the Camry driver slammed into the back of the squad car. The impact pushed the squad car into what appeared to be a tow truck. The Camry came to rest in a neighboring lane, causing approaching traffic to veer to avoid the vehicles.
The State Patrol said a passenger in the Camry sustained non-life-threatening injuries in the crash. The driver, a 24-year-old man, was arrested on suspicion of DWI.
The crash remains under investigation.
The Source: This story uses information from the Minnesota State Patrol and MnDOT traffic cameras.
Minneapolis, MN
Gather your pack for the Polar Bear Pub Crawl in downtown Minneapolis
It’s time to sip, stroll and make merry memories as you bring cheer to Minneapolis with the Polar Bear Pub Crawl.
Twelve downtown Minneapolis bars are taking part in the cool adventure with each serving up festive libations to warm your holiday spirit.
The Local on Nicollet Mall is one stop along the pub crawl ready to help you celebrate winter.
“This year we have what we’re calling The Bear Hug. Essentially we are saying it’s a warm embrace in a glass,” said general manager Brad Johnson.
The Bear Hug is bourbon, pomegranate, raspberry with Chambord, maple syrup and a little bit of lemon juice.
Participants ride the Holly Trolley to the stops, said Kitty Fahey with the Minneapolis Downtown Council.
“Kind of on or near Nicollet Mall is the primary pubs, then we also have two other spots in North Loop,” Fahey said. “We have early check-in over at Fulton and then we have an afterparty at Graves.”
The Minnesota Lottery will be on hand to give away prizes at certain locations.
“We’re also doing this really fun new thing this year, a scavenger hunt. It’s an app called Goose Chase,” she said. “So you download that and we have activities in each of these locations that you have to find.”
Participants can win theater tickets, and retail is open as pop-up shops along the pub crawl route.
Barrio is another pub using libations to warm those who take part.
“Just seeing people have fun during Christmas and the holiday season, everyone’s coming around, they’re smiling, they’re having a good time and we get to fuel some of their fire, with alcohol [laughs]!” said assistant general manager Steffani Vestal. “We are making Coco Festivo. So it is a fun twist on the piña colada with tequilla instead of rum. We use reposado tequila. It’s going to have notes of vanilla, that’s why it plays so well with the sweetness and the fun. And Coco Lopez, which is our coconut cream, and fresh-squeezed pineapple juice, a little bit of fresh-squeezed lime.”
The Polar Bear Pub Crawl is just one part of Winterapolis, according to R.T. Rybak, former Minneapolis mayor and current CEO of The Minneapolis Foundation. He says it’s all about celebrating the creativity, culture and community that makes Minneapolis shine all winter long.
“This year in Winterapolis it’s really about taking that same spirit of the ‘Bold North’ and tying together things like the light-up we had of the holiday trees, with this pub crawl, with all of the things in the Dayton’s Market, with Nordic Soundscapes down at the Orchestra, and put it all together with the kite festival and the loppet, and just tell people, ‘Hey, it’s cold. Yeah! Good! Get out there and do stuff!’”
Tickets are still available. They’re only $30 dollars per person or $100 for a group of four.
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