Minnesota journalists win settlement after police attack them during George Floyd, Daunte Wright protests

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A group of journalists and the American Civil Liberties Union won an $825,000 settlement, partially resolving a federal lawsuit against the Minnesota State Patrol (MSP) after journalists were attacked and injured by the law enforcement agency during protests over the police killings of George Floyd and Daunte Wright in Minneapolis.

Key Players

The MSP is the highway patrol agency for Minnesota and serves as the de facto state police. Its primary responsibility is to enforce traffic and vehicle laws, but troopers have full arrest powers across the state.

The American Civil Liberties Union (ACLU) of Minnesota, founded in 1952, is an advocacy organization designed to “promote, protect, and extend the civil liberties and civil rights of people in Minnesota through litigation, lobbying, and community engagement.”

Further Details

On May 31, 2020, Bellingcat, a Netherlands-based investigative news outlet, reported 50 incidents in which reporters were attacked by law enforcement in the wake of protests over the police killing of George Floyd. Journalists were shot with rubber bullets, hit with stun grenades, tear gassed, physically attacked, pepper-sprayed, and arrested.

These attacks were especially prevalent in Minnesota. And in late May 2020, with troops deployed in the Minneapolis area, the MSP had purposefully and openly targeted reporters during the Floyd protests.

In addition to the attacks, journalists were detained and forced to disperse, despite legal exemptions from curfews, The Associated Press reported. Arrested members of the media included CNN’s Omar Jimenez and his crew, while they were reporting live.

On June 2, 2020, the ACLU of Minnesota sued the MSP, the city of Minneapolis, and specific Minnesota police chiefs and sheriffs in federal court. 

The suit was filed on behalf of journalist Jared Goyette, the Communications Workers of America, and a number of other journalists, according to HuffPost. It claimed that Minnesota law enforcement had violated the journalists’ rights.

Outcome

MSP targets journalists covering Daunte Wright protests

In April 2021, during a new round of protests over the death of Daunte Wright, who was shot by officer Kim Potter during a traffic stop after she allegedly mistook her firearm for her taser, MSP continued to arrest, threaten, and use physical force against reporters, The Hill reported.    

After complaints, MSP promised not to detain or mistreat reporters. It also agreed to stop taking photographs of reporters and their credentials and to suspend directing reporters on where they can or cannot go during protests.

Settlement awarded, federal judge approves injunction for reform

On Feb. 8, 2022, the ACLU announced Minnesota had awarded $825,000 to the attacked and injured journalists. As part of a settlement agreement, U.S. District Judge Wilhelmina Wright of the District of Minnesota, nominated by former President Barack Obama in 2015, issued an order prohibiting MSP from attacking journalists.

The settlement included a permanent injunction that prohibited MSP (and law enforcement working alongside MSP) from attacking or arresting reporters during protests. Specifically, MSP may not arrest, threaten to arrest, or use physical force and chemical agents against journalists; order journalists to stop photographing, recording, or observing a protest; force journalists to disperse; or seize or deliberately damage equipment like video, audio, and photo gear.

The court order also included measures for police reform, requiring independent expert review of all complaints that allege mistreatment of journalists during both sets of  protests. Amended MSP policy would escalate First Amendment violations of journalists’ rights to a “serious misconduct” status, triggering an internal affairs investigation. It also demanded body cameras be issued to all troopers by June 2022, and MSP officers be trained on treatment of the media and First Amendment rights.

The settlement only extended to the case against the MSP. Allegations of violating reporters’ First Amendment rights continue against the city of Minneapolis, former Police Chief Medaria Arradondo, former Minneapolis Police union head Robert Kroll, and the Hennepin County Sheriff.