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
Mayor Frey vows ‘top-notch’ hire as Minneapolis police chief search looms
Who will be the next Minneapolis police chief?
After Brian O’Hara’s sudden resignation, there is speculation on who the next Minneapolis police chief will be and if the city is a hard sell for possible candidates. FOX 9’s Mike Manzoni has more.
MINNEAPOLIS (FOX 9) – The search for the next Minneapolis police chief will soon get underway, but the city’s divided political climate could make the process challenging.
City leaders optimistic ahead of search for next chief
What we know:
At a news conference on Tuesday night announcing Brian O’Hara’s resignation as police chief, Mayor Jacob Frey said, “We’ll recruit a top-notch talent.”
City Council Member Michael Rainville is also optimistic.
“The force is coming back, recruitment is great, the morale is high,” he said. “We’re very – for someone that’s [an] up-and-comer, we’re a very attractive candidacy to be a chief of police.”
But it is not an easy job. The Minneapolis Police Department has faced myriad challenges over the last several years, often grabbing national headlines. It dealt with the aftermath of George Floyd’s murder at the hands of a police officer, a Justice Department report on rampant civil rights violations and ongoing staffing issues.
In addition, the city council has routinely clashed with the mayor, especially on law enforcement matters.
This year, the council twice rejected the mayor’s reappointment of Community Safety Commissioner Todd Barnette, who oversees the police department. And even before his abrupt departure, some council members expressed concerns about O’Hara’s leadership.
What they’re saying:
“I think that Minneapolis is attractive to candidates who want big city experience,” said FOX 9 political analyst Blois Olson.
Olson does not expect any problems finding candidates and noted the mayor’s influence in the process.
“I don’t think you can try to make all 13 members happy, but you have to get to six or seven members that are happy and then convince the council that the mayor is the mayor, he won the election, and he gets to appoint who he gets to appoint,” he said.
What’s next:
It is unclear when the search for the next police chief will begin.
Minneapolis, MN
Minneapolis council leaders to react to chief’s resignation
MINNEAPOLIS (FOX 9) – Minneapolis City Council leaders are poised to give their reaction to the resignation of Minneapolis Police Chief Brian O’Hara at a news conference on Wednesday afternoon.
Minneapolis Police Chief resigns
The backstory:
Now-former chief O’Hara resigned suddenly on Tuesday following the release of a shocking report that showed he had likely interfered with an investigation into him carrying on sexual relationships with city employees.
The new report found that O’Hara had deleted a contact card for one of the employees in question on his city-issued phone to apparently “shield himself” during the investigation. Investigators also say O’Hara failed to abide by instructions to maintain confidentiality during the investigation because he alerted another city employee about the case.
It should be noted that investigators were never able to substantiate the initial sex allegations against O’Hara and the parties involved all denied engaging in any relationship. However, investigators were never able to fully examine O’Hara’s personal phone.
Local perspective:
When the latest report was issued on Tuesday, Mayor Frey notified the chief he would reprimand the chief with punishment rising to the level of discharge. The chief opted to resign instead.
Mayor Jacob Frey announced O’Hara’s departure at a Tuesday evening press conference.
The surprising departure comes less than three weeks after Frey nominated O’Hara for a second term as police chief.
MPD Police Chief resigns after investigation
Minneapolis Mayor Jacob Frey says he has accepted the resignation of former police chief Brian O’Hara after an investigation found he had interfered with a previous investigation into alleged sexual relationships. FOX 9’s team coverage is at city hall with the latest developments.
Big picture view:
O’Hara had overseen a remarkable turnaround for the Minneapolis Police Department, leading the force out of the pandemic and through post-George Floyd reforms.
He also took over the department when the city was dealing with staggering highs in crime not seen since the 1990s. During his reign, homicides saw a 33-percent drop from the pandemic high in 2021, and shootings in north Minneapolis for the start of 2026 were at an all-time low.
What’s next:
Following O’Hara’s departure, Assistant Chief Katie Blackwell has been named interim police chief.
City council reaction
What we know:
Minneapolis city council leaders have scheduled a news conference for Wednesday afternoon to discuss the sudden departure.
Council President Elliott Payne and Council Members Robin Wonsley and Jason Chavez are slated to speak at 1:30 p.m.
You can watch that news conference on the player above and on our YouTube channel.
Dig deeper:
O’Hara’s nomination faced opposition on the council, with several members critical of his response to two controversial cases: the shooting of Davis Moturi by his neighbor and the death of Allison Lussier.
An audit earlier this year found the former chief had made harmful public statements during both of those cases.
At the same time, the council is also battling with the mayor over the nomination of Public Safety Commissioner Todd Barnette. For Barnette, the council has raised an issue with the department’s overspending in 2025.
Currently, Barnette’s nomination remains locked in limbo after the council denied it and the mayor has vetoed their denial. That has left Barnette serving as commissioner on an interim basis until one side budges. The council has until early August to make a decision, otherwise Barnette would be removed as commissioner. But Frey could just reappoint him, which would start the whole process over again.
Minneapolis, MN
Minneapolis mayor announces resignation of police chief after misconduct investigation
WASHINGTON (TNND) — Minneapolis Mayor Jacob Frey announced the resignation of Minneapolis Police Chief Brian O’Hara after an internal investigation into misconduct.
During a Tuesday news conference, Frey alleged that O’Hara attempted to throw a wrench into a prior investigation that included allegations he had “engaged in sexual intimate relationships” with city employees. He added he “intentionally” deleted a contact card for a city employee from his work cell phone. The move, to hide evidence from the investigator, Frey added.
“Interference with the investigation risked the integrity of the investigation and constitutes a significant breach of trust,” Frey said of O’Hara.
O’Hara was recently re-nominated as police chief by Frey himself, saying he was the right leader. O’Hara led the city through President Donald Trump’s crime crackdown and the uptick in ICE officers in the city. They also faced recent fraud raids led by federal officials. O’Hara was brought on to the Minneapolis police force shortly after the Black Lives Matter movement in the city.
Frey announced Assistant Police Chief Katie Blackwell as the acting police chief of Minneapolis, effective immediately.
BE THE FIRST TO COMMENT
“Trust is not secondary to the job; it is the job,” Frey said. “When trust is broken, it becomes extremely difficult to continue leading effectively.”
-
Los Angeles, Ca41 minutes agoFamily members searching for 2 missing Southern California girls
-
Detroit, MI1 hour agoDetroit police revise initial account after body cam shows man fatally shot himself during search of home
-
San Francisco, CA1 hour agoSan Francisco rapper Frak blends hip-hop, comedy and Jewish culture
-
Dallas, TX1 hour agoFederal, local agencies tout results of North Texas anti-crime operation before World Cup
-
Boston, MA2 hours agoEast Boston couple accused in alleged racist attack on restaurant patio after calling in noise complaint
-
Denver, CO2 hours agoRep. Hurd emphasizes need for consistent, predictable energy policies at Denver roundtable
-
Seattle, WA2 hours ago
Pollen forensic technique links missing woman cold case to the Pacific Northwest
-
San Diego, CA2 hours agoA South San Diego Mother questions SDPD’S response to her teenage son’s death