George Floyd Family’s Complaint Against the City of Minneapolis Over His Death: Count II     

As noted in a prior post, on July 15, the family of George Floyd filed a federal civil action with two claims (Counts II and III) for money damages against the City of Minneapolis. This post will discuss Count II while Count III will be covered in a subsequent post. That civil action also asserted one claim (Count I) against the four ex-police officers who were involved in Floyd’s death—Derek Chauvin, Tou Thao, Thomas Lane and J. Alexander Kueng– as discussed in another prior post.

Legal Basis [1]

Count II is asserted against the City of Minneapolis under 42 U.S.C. section 1983, which states as follows:

• “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. . . .”

Count II also is based on so-called “Monell Liability,” which refers to the U.S. Supreme Court decision in Monell v. Department of Soc. Svcs., 436 U.S. 658 (1978), that held, “Local governing bodies (and local officials sued in their official capacities) can . . .be sued directly under § 1983 for monetary, declaratory, and injunctive relief in those situations where, as here, the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted or promulgated by those whose edicts or acts may fairly be said to represent official policy. In addition, local governments, like every other § 1983 “person,” may be sued for constitutional deprivations visited pursuant to governmental “custom” even though such custom has not received formal approval through the government’s official decision-making channels.”

Factual Allegations [2]

The Parties

“6. Plaintiff Kaarin Nelson Schaffer (“Schaffer”) resides in Hennepin county, Minnesota, and is an attorney duly licensed to practice before the State and Federal; Courts of Minnesota. On July 6, 2020, Schaffer was appointed as trustee for George Floyd’s next of kin.”

“7. Mr. Floyd is survived by next of kin including his children and siblings.”

“8. Minneapolis is and was at all times material hereto a political subdivision of the State of Minnesota, organized and existing under and by virtue of the laws of Minnesota.”

“9. The Minneapolis Police Department (“MPD”) is and was at all times material hereto a Minneapolis agency, providing the vehicle through which the City fulfills its policing functions.

MPD Trains its Officers to Use Deadly force in Non-Deadly Circumstances

“86. MPD trained its officers that a ‘neck restraint’ was an authorized form of non-deadly force, and that a ‘chokehold’ was a form of deadly force capable of causing serious bodily injury and/or death.” [3]

“87. At all times material hereto, MPD defined a ‘neck restraint’ as ‘[c]ompressing one or both sides of a person’s neck with an arm or leg, without applying direct pressure to the trachea or airway (front of the neck).’ MPD defined a ‘chokehold’ as ‘applying direct pressure on a person’s trachea or airway (front of the neck).’”

“88. At all times material hereto, MPD trained its officers that a proper ‘neck Restraint’ required the officer to ‘[c]ompress veins. arteries, nerves & muscles of the neck.'”

“89. Serious bodily injury and/or death is reasonably likely to result from an officer ‘compress[ing] a person’s veins, arteries, nerves & muscles of the neck,’ regardless of whether direct pressure is applied to the front or back of the neck.”

“90. The use of a ‘neck restraint’ as defined by MPD constitutes deadly force.”

“91. The Fourth Amendment prohibits the use of deadly force in non-deadly circumstances which do not pose an immediate threat of serious bodily injury and/or death.”

“92. At all times material hereto, MPD’s written policies authorized the use of a deadly ‘neck restraint’ in non-deadly circumstances posing no immediate threat of serious bodily injury or death.”

“93. At all times material hereto, MPD trained its officers that use of a ‘neck restraint’ was authorized non-deadly force which officers could use in non-deadly situations.”

“94. It has long been known by the law enforcement community that the use of neck restraints on subjects can lead to death.”

“95. However, from at least April 15, 2012 until June 8, 2020, Minneapolis Police Department Policy 5-311 defined a neck restraint as ‘non-deadly force’ and did not warn it can cause death.”

“96. By policy, the MPD permitted and condoned the use of both conscious and unconscious neck restraints by its officers from at least April 15, 2012 until June 8, 2020.”

“97. At all times material hereto, MPD’s written policies authorized the use of a ‘neck restraint’ in non-deadly circumstances posing no immediate threat of serious bodily injury or death.”

“98. The City of Minneapolis possessed data indicating that since 2012, neck restraints/holds were used by its police officers on 428 people at an average rate of about one a week.”

“99. Of those 428 people, 14% who were subjected to a neck restraint/hold lost consciousness.”

“100. Upon information and belief, MPD officers regularly used neck restraints on passively resisting arrestees despite not being permitted to do so under policy.”

“101. Training offered by the City of Minneapolis in 2014 and received by Chauvin and Thao authorized and instructed on the use of neck restraints by officers, presented it to officers as a ‘non-deadly force’ option, and included instruction on how to employ neck restraints in order to most efficiently render subjects unconscious.”

“102. Upon information and belief, all training offered by the City of Minneapolis on the use of neck restraints, including that provided to the Defendant Officers, presented neck restraints to officers as a ‘non-deadly force’ option, and included instruction on how-to employ neck restraints in order to most efficiently render subjects unconscious.”

“103.Training offered by the City of Minneapolis to MPD officers, including the Defendant Officers, encouraged officers to “compress veins, arteries, nerves, and muscles of the neck” of arrestees.”

“104.Training materials offered to officers in 2014, including Defendants Chauvin and Thao, depict an officer placing a knee on the neck of an arrestee who is handcuffed in a prone position.”

“105. Since at least April 16, 2012, MPD policy has required that ‘[a]fter a neck restraint or choke hold has been used on a subject, sworn MPD employees shall keep them under close observation until they are released to medical or other law enforcement personnel.”

“106. Since at least April 16, 2012, the MPD failed to provide its officers with proper policy guidance and training on how to properly observe and attend to the medical needs of arrestees subjected to neck restraints.”

“107. At all times material hereto, MPD trained its officers that a ‘neck restraint’ could be used in non-deadly situations despite the fact that it constituted deadly force as utilized by MPD.”

Prone Restraint Training by the MPD and the Death of David Smith

“108. It is well known throughout the law enforcement and medical communities that holding a subject in a position of prone restraint for prolonged periods of time can be deadly.”

“109. Compressing an arrestee in a prone position with weight on their back and/or abdomen restricts their ability to breathe and can result in asphyxiation.”

“110. Deaths caused by this form of asphyxiation are often interchangeably referred to as deaths from positional, mechanical, or compression asphyxia, even if technical distinctions exist.“

“111. The United States Department of Justice has warned law enforcement for decades about the dangers of prone restraint and as early as 1995: ‘The risk of positional asphyxia is compounded when an individual with predisposing factors becomes involved in a violent struggle with an officer or officers, particularly when physical restraint includes behind-the-back handcuffing combined with placing the subject in a stomach-down position. National Law Enforcement Technology Center, Positional Asphyxia—Sudden Death at *2 (June 1995).”

“112. These dangers were acknowledged in an October 18, 2012 deposition by then-MPD Chief Timothy Dolan in addition to many other high-ranking officers in the matter of Smith v. Gorman, Case No. 11-cv-3071 (SRN/JJK).”

“113. Due to the well-known risks associated with prone restraint, it has long been national best practice that once a subject is controlled, it is imperative that they be moved from the prone position, and that their breathing be assessed.”

“114. Minneapolis has had a policy in place addressing this issue since at least May 29, 2002: ‘When ANY restraint technique is used on a subject, the subject shall not be left in a prone position and shall be placed on their side as soon as they are secured. Once the subject is secured, an officer shall watch for any of the following signs:

• Significant change in behavior or level consciousness;
• Shortness of breath or irregular breathing;
• Seizures or convulsions;
• Complaints of serious pain or injury; and/or
• Any other serious medical problem.’

MPD Policy & Procedure Manual § 9-111.01 (emphasis in original).”

“115. Despite this knowledge, as of 2012, officers were not provided official training on the dangers of positional or mechanical asphyxia associated with prone restraint.”

“116. As of 2012, officers were trained that if a subject in a prone restraint is speaking, that they need not be concerned that the subject may be having difficulty breathing.”

“117. Despite the well-known risk of death associated with placing a subject in prolonged prone restraint, particularly without properly monitoring their medical condition, Mr. Floyd was not the first black man to be killed by MPD officers under such circumstances.”

“118. On September 9, 2010, veteran MPD Officers Timothy Gorman (“Gorman”)and Timothy Callahan (“Callahan”) responded to the Minneapolis YMCA, where David Smith (“Mr. Smith”) was experiencing the effects of mental illness.”

“119. Rather than use de-escalation techniques, Gorman and Callahan immediately went hands on with Mr. Smith and subjected him to five Taser deployments in addition to other force.”

“120. Gorman and Callahan placed Mr. Smith a prone restraint position with his hands handcuffed behind his back.”

“121. Despite Smith being handcuffed and adequately controlled, Mr. Smith was restrained in a prone position by Callahan and Gorman for at least 4 ½ minutes, with Gorman kneeling on Mr. Smith’s back and Callahan straddling Mr. Smith’s upper thigh/buttocks region.”

“122. Despite the fact that Callahan and Gorman had Smith adequately controlled, they failed to monitor Mr. Smith’s breathing or medical condition throughout their restraint of Mr. Smith.”

“123. Rather than assist Mr. Smith, Callahan berated him, calling him a ‘mother fucker.’”

“124. It was 6 and ½ minutes before either Callahan or Gorman made any effort to check on Mr. Smith’s medical condition.”

“125. Mr. Smith was pulseless, breathless, and lifeless by the time Callahan and Gorman finally made the effort to observe Mr. Smith’s medical condition.”

“126. Paramedics were able to resuscitate Mr. Smith’s heart, but he never regained consciousness and was removed from life support and officially died on September 17,2010.”

“127. Hennepin County Chief Medical Examiner Andrew Baker determined that the manner of death was homicide, and that the cause of death was anoxic encephalopathy due to or as a consequence of cardiopulmonary arrest due to or as a consequence of mechanical asphyxia.”

“128. Callahan filmed the mechanical asphyxiation of Mr. Smith on a personal and non-departmentally issued ‘pen camera’ that Callahan wore in his short pocket.”

“129. Callahan and Gorman were both aware of the fact that Callahan filmed Mr. Smith’s asphyxiation on the pen camera, yet the pen camera was intentionally concealed from MPD investigators on September 9, 2010.”

“130. Callahan did not disclose the existence of the pen camera video of Mr. Smith’s asphyxiation until nearly a week later on September 15, 2010, but was not disciplined for concealing evidence of a homicide.”

“131. MPD pretended to conduct a homicide investigation into the acts of Callahan and Gorman but made no legitimate effort to investigate the actions of the officers.”

“132. The Grand Jury no-billed Gorman and Callahan due to the complete and utter lack of investigation conducted by the MPD as to Gorman and Callahan’s conduct.”

“133. The MPD Internal Affairs Unit then conducted no legitimate investigation into Gorman and Callahan’s conduct, also concluding that the officers did nothing actionably wrong—including the hiding of evidence (i.e., the pen camera) from investigators.”

“134. The MPD failed to take any disciplinary or other remedial action towards Callahan and Gorman despite the fact that multiple high-ranking officials within the MPD observed obvious constitutional or policy violations by officers Gorman and Callahan.”

“135. The City of Minneapolis ultimately approved a substantial settlement to the family of David Smith to resolve that litigation, one of the highest amounts it had ever paid.”

“136. As part of that settlement, the City of Minneapolis “agreed to require its sworn police officers to undergo training on positional asphyxia in the 2014 training cycle of the Minneapolis Police Department…”

“137.Despite publicly stating an intent to properly instruct its officers on the risks of asphyxiation during arrest, internally the MPD continued to minimize that risk and promote a false narrative that deaths like David Smith were the result of ‘excited delirium’ instead of asphyxiation.”

“138. Upon information and belief, the City of Minneapolis did not comply with the terms and/or the spirit of its 2013 Settlement Agreement with the family of Mr. Smith with respect to training on positional asphyxia.”

“139. Upon information and belief, the City of Minneapolis routinely trains officers to place handcuffed arrestees in a prone position without proper training on putting arrestees in a recovery position and monitoring their breathing and consciousness.”

“140. The impact of the excited delirium false narrative and the MPD’s failure to properly train on asphyxiation risks is highlighted here by Lane’s statement: ‘I am worried about excited delirium, or whatever.’”

“141. When holding a subject in a prone position, well-trained officers in Minneapolis should not be concerned about ‘excited delirium, or whatever.’ Officers in Minneapolis should know the risks of asphyxiation associated with prone restraint.”

“142. High-ranking MPD personnel have continued to publicly maintain other deadly false narratives.”

“143. MPD Lieutenant and agent of the City of Minneapolis Bob Kroll- who has served as the president of the Police Officers Federation of Minneapolis since 2015 and has sat on its board since 1996-has publicly expressed the opinion that Eric Garner, a Black man asphyxiated by the New York Police Department in 2014- could breathe at the time of his death because he was able to state ‘I can’t breathe’ several times as he was dying.”

“144. It is an accepted scientific fact that the ability to speak does not imply that someone is getting sufficient air to survive.”

“The MPD’s History Providing and Permitting Killology Training”

“145. Up and until 2019, the City of Minneapolis permitted officers to receive ‘Killology’ or ‘warrior style’ training, which teaches officers to consider every person and every situation as a potential deadly threat and to kill ‘less hesitantly.’”

“146.The City of Minneapolis was aware prior to the death of George Floyd that the officer who shot and killed Philando Castile in the nearby suburb of Falcon Heights had received Killology training.”

“147. Upon information and belief, a significant proportion of police officers employed by the MPD in May of 2020 had received Killology training during their employment.”

“148.High-ranking officers and agents of the MPD, including Kroll, encouraged all officers to receive warrior-style police training.”

“149. High-ranking officers and agents of the MPD, including Kroll, offered this training free of charge to all officers of the MPD who wanted to receive it.”

“150. The City of Minneapolis was aware that its officers had received and continued to receive Killology training before and through May of 2020, but did nothing to prevent officers from receiving it or re-training officers who had received it.”

“151. Kroll has further encouraged officers to behave aggressively, stating that MPD officers who do not receive citizen complaints are ‘low-level slugs’ who ‘[don’t] get out and investigate anything. And that’s not what we’re paying our officers to do.’”

“152. Kroll has stated that policing should be viewed like ‘a basketball game, in that if you’re not getting any fouls, you aren’t playing hard enough.’”

“153.The City of Minneapolis and high-ranking members of the MPD are aware that Kroll is an influencer for rank-and-file officers, and that its officers follow his lead with regard to law enforcement beliefs and behaviors.”

“154. Upon information and belief, Defendant City of Minneapolis has control over the amount of influence the Minneapolis Police Federation has over the officers, discipline, training, decision-making, and policy decisions of the Minneapolis Police Department.”

“155. The Minneapolis Mayor and City Council are responsible for negotiations with the Minneapolis Police Federation, including matters of officer discipline and retention. The Minneapolis Police Department Chief of Police is responsible for all decisions of hiring.””

“156.The Minneapolis Police Federation membership is made up of employees, agents, and officers of the Minneapolis Police Department.”

“157.The Police Officers within the Minneapolis Police Federation continue to be employees of the Minneapolis Police Department subject to the policies, training and orders.”

“158. The Minneapolis Police Department is responsible for maintaining training and discipline to ensure its officers follow its policies, orders, and training regardless of the opinions and actions of the Minneapolis Police Federation.”

“The City of Minneapolis and the MPD’s Failure to Terminate Dangerous Officers”

“159. The City of Minneapolis frequently fails to terminate or discipline officers who demonstrate patterns of misconduct.”

“160. Upon information and belief, Chauvin was the subject of 17 citizen complaints from 2006 to 2015, only one of which resulted in discipline, in the form of a letter of reprimand.”

“161. Upon information and belief, Chauvin has participated in the shooting and killing of at least three different individuals, including Wayne Reyes, Ira Latrell Toles, and Leroy Martinez.”

“162. In 2005, Defendant Chauvin engaged in a reckless police chase resulting in the deaths of three individuals but was not discharged from the Minneapolis Police Department.”

“163. Upon information and belief, the MPD has observed unlawful or otherwise improper conduct by Chauvin throughout his career but has tolerated it and refused to remedy or mitigate it.”

“164. Chauvin was precisely the type of reckless and dangerous officer that Kroll and other leaders of the Minneapolis Police Department encouraged him to be.”

“165. Upon information and belief, Thao was the subject of six citizen complaints from 2013 to 2017, none of which have resulted in discipline.”

“166. In 2017, Thao was the subject of a lawsuit for his use of excessive force, which the City of Minneapolis paid money to settle on his behalf.”

“167. Upon information and belief, the MPD has observed unlawful or otherwise improper conduct by Thao throughout his career but has tolerated it and refused to remedy or mitigate it.”

“168. The MPD has engaged for years in contract negotiations with the Minneapolis Federation of Police which make it more difficult for the MPD to terminate officers who have demonstrated repeated misconduct.

“The MPD’s History of Overlooking Racially Biased Policing”

“169. Upon information and belief, Black community members make up 19% of the population of Minneapolis and 58% of the subjects of police force.”

“170. The Minneapolis Police Department is currently being investigated for unlawful race-based policing, which deprives people of color, particularly Black community members, of their civil rights under the Minnesota Human Rights Act.”

“171. Prior to 2007, African American members of the MPD, including now-Chief Arradondo, received hate letters signed from the Ku Klux Klan in their interoffice mail, accessible only to MPD agents and employees.”

“172. Kroll has been accused by fellow officers, including now-Chief Arradondo,of publicly wearing a jacket with a patch depicting a racist ‘white power’ logo.”

“173. In recent years, Kroll, as president of the Minneapolis Police Federation, has publicly referred to the Black Lives Matter movement as a ‘terrorist organization.’”

“174. The Minneapolis Police Department ratified the culture of systemic racism and disparate treatment of the Black Community, by failing to remove or otherwise discipline Lt. Bob Kroll.”

“175. By 2018, as the result of a settlement, the Minneapolis Police Department was required to conduct racial sensitivity training which, upon information and belief, has not yet been completed.”

“The City of Minneapolis’s Notice of Prior Incidents of Excessive Force”

“176. The City had notice of a 2009 incident wherein MPD officers used excessive force against Ira Alexander Stafford for which Mr. Stafford filed suit against the City in 2010, alleging that while he was lying on the ground, face down with his arms around him, ‘at least one officer had a knee in Stafford’s back, making him effectively helpless.’ (Compl.) Stafford v. City of Minneapolis, et al, Civil Action No. 0:10-cv-03149-MJD-TNL (D. Minn. 2010).”

“177. According to media sources, the City entered into a monetary settlement with Zach King for a 2012 incident wherein MPD officers violated the Fourth Amendment and used excessive force against Mr. King by beating him and pressing a knee on Mr. King such that he could not breathe “almost like George Floyd.” Mr. King was hospitalized with a concussion and multiple visible physical injuries as a result of the police beating. The City took no disciplinary action against the officers for their use of excessive force against Mr. King.https://www.cbsnews.com/news/minneapolis-officers-cited-in-misconduct-lawsuits-face-little-discipline/.”

“178. The City had notice of a 2014 incident wherein MPD officers used excessive force against Alfred Flowers after he had been fully secured in handcuffs and not physically resisting. Mr. Flowers filed suit against the City and alleged that an officer suddenly grabbed him by his throat, choked him, and threw him to the ground and handcuffed him. After handcuffing Mr. Flowers, an MPD officer punched him in the head, following which several other officers entered the room and proceeded to kick and stomp on Mr. Flowers while he was handcuffed and laying on the ground. Flowers v. City of Minneapolis, et al, Civil Action No. 0:15-cv-03015-RHK-HB.”

“179. The City had notice of a 2014 incident wherein MPD officers used excessive force against Lamar Allen Ferguson after he had been fully secured in handcuffs and not physically resisting. Mr. Ferguson filed suit against the City in April 2017 and alleges that two MPD Officers threw him to the ground after he had been handcuffed and began punching him, following which MPD Officer Thao, a defendant in this action, lifted Mr. Ferguson’s head off of the ground and kicked him directly in his mouth. Ferguson v. City of Minneapolis, et al, Civil Action No. 0:17-cv-01110-PJS-TNL (D. Minn. 2017).”

“180. The City had notice of a 2016 incident wherein MPD officers used excessive and unjustified force against Abdi Hussen Hagad, a black male. MPD officers approached Mr. Hagad and violently threw him against a brick wall and dislocated his shoulder despite the absence of physical resistance from Mr. Hagad. Wagad v. City of Minneapolis, et al, Civil Action No. 0:17-cv-05239-MJD-TNL (D. Minn. 2017).”

“181. The City had notice of a 2016 incident wherein MPD officers used excessive force against Tomas Garcia-Orihuela during the course of an arrest. Mr. Garcia-Orihuel filed suit against the City and alleged that after he was handcuffed on the ground, ‘several police officers began to kick and hit him’ and continued to do so for several minutes while he was handcuffed and laying on the ground. Garcia-Orihuela v. City of Minneapolis, et al, Civil Action No. 0:17-cv-00292-RHK-KMM (D. Minn. 2017).”

“182. The City had notice of a 2018 incident wherein multiple MPD officers used excessive and entirely unjustified force against Jeremiah Jermaine Thomas when an officer drop-kicked Mr. Thomas in the chest area following which three other MPD officers joined in and immediately started punching, kneeing, and kicking. Mr. Thomas suffered a punctured lung, internal bleeding, fractured ribs, and various scratches and bruises as a result of MPD’s use of excessive force, and the City thereafter entered into a monetary settlement to resolve his claims. Jeremiah Jermaine Thomas v. City of Minneapolis, et al., 0:19-cv-00954-WMW-DTS (D. Minn 2019).”

“183. The City had notice of a 2013 incident wherein MPD officers used excessive and unjustified force against Catrina Johnson, a disabled woman who used a cane, by throwing her against her living room wall and onto the floor while using racial slurs. While MS. Johnson was pinned to the ground face down, an MPD officer put his knee on the back of her head and applied direct pressure thereby causing injury. The City entered into a monetary settlement with Ms. Johnson to settle her claims. Catrina Johnson v. City of Minneapolis, et al., 0:15-cv-02861-JRT-SER (D. Minn 2015).”

“184. The City had notice of a 2018 incident wherein multiple MPD officers used excessive and entirely unjustified force against Rico McKinnies during the course of a traffic stop, after he was handcuffed and not resisting arrest. The City entered into a monetary settlement with Mr. McKinnies for the injuries he sustained therein. Rico McKinnies v. City of Minneapolis, et al., 0:18-cv-02738-NEB-BRT (D. Minn 2018).”

“185. Each of the above-referenced incidents involved more than one officer at the scene and in each of those incidents, the non-participating MPD officers failed to intervene in the unconstitutional use of force against handcuffed, non-resisting citizens.”

“186. In addition to a substantial settlement with the family of David Smith, the City of Minneapolis has been forced to pay significant sums of money for the unlawful deaths caused by its officers.”

“187. In 2019, the City of Minneapolis approved a significant settlement with the family of Justine Ruszczyk, who was shot and killed by a Minneapolis Police Officer.”

“188. In 2019, the City of Minneapolis approved a significant settlement [with] the family of Jamar Clark, who was shot and killed by a Minneapolis Police Officer.”

“189. In 2020, the City of Minneapolis approved a significant settlement with the family of Terrance Franklin, who was shot and killed by a Minneapolis Police Officer.”

“190. While the settlement of the Justine Ruszczyk [claim] was locally billed as transformational, it had no meaningful impact on how the MPD conducts its business.”

“191. The Mayor and City Council receive notice of each lawsuit filed against the City.”

“192. All monetary settlements made by the City must be approved by the Mayor and City Council.”

“193. MPD’s Policy Manual requires that the Chief of Police report to the Mayor each instance of officer misconduct and in accordance with the same, the Chief of Police reported to the Mayor each instance of officer misconduct.”

“Count II—42 U.S.C. sec. 1983-Monell Liability”

“222. MPD’s Policy Manual provides that the Mayor is ‘vested with all the powers of said city connected with and incident to the establishment, maintenance, appointment, removal, discipline, control, and supervision of its police force, subject to the limitations herein contained and the provisions of the Civil Service chapter of this Charter, and may make all needful rules and regulations for the efficiency and discipline, and promulgate and enforce general and special orders for the government of the same, and have the care and custody of all public property connected with the Police Department of the city.’ (MPD Policy Manual Sec. 1-301 (citing City Charter reference-Chapter 6, Section 1)).”

“223. The Mayor, the City Council, and the Police Chief had final policymaking authority with regard to establishing written policies and training programs governing the conduct of MPD officers performing policing functions on behalf of the City.”

“224. The Mayor, the City Council, and the Police Chief established and/or approved of MPD’s written policies and training governing the conduct of MPD officers performing policing functions.”

“225. The written policies and training established and/or approved by The Mayor, the City Council, and the Police Chief constitute the official policy of the City and were the moving force behind and caused Plaintiff’s injuries.”

“226. The City, acting by and through its Mayor and/or other policymakers, had knowledge of MPD’s unconstitutional patterns and practices and knowledge that the same gave rise to a risk of violations of citizens’ federal rights. ”

“227. The City, acting by and through its Mayor and/or other policymakers, made a deliberate and/or conscious decision to disregard the known risk of harm that would result from MPD’s unconstitutional patterns and practices and was deliberately indifferent to and/or tacitly authorized the same.”

“228. On or prior to May 25, 2020, Minneapolis, with deliberate indifference to the rights of arrestees, detainees, and the like, tolerated, permitted, failed to correct, promoted, or ratified a number of customs, patterns, or practices that failed to provide for the safety of arrestees, detainees, and the like during arrest, including but not limited to the handcuffing and restraint process.”

“229. On or prior to May 25, 2020, Minneapolis, with deliberate indifference to the rights of arrestees, detainees, and the like, tolerated, permitted, failed to correct, promoted, or ratified a number of customs, patterns, or practices that condoned and required officers to turn a blind eye to and not intervene with the use of excessive force by MPD officers.”

“230. On or prior to May 25, 2020, Minneapolis, with deliberate indifference to the rights of arrestees, detainees, and the like, tolerated, permitted, failed to correct, promoted, fostered or ratified a number of customs, patterns, or practices that condoned and required officers to treat the members of the Black Community of Minneapolis differently, including but not limited to implementing deadly force at a higher rate against Black men who did not pose a threat to officers.”

“231. On or prior to May 25, 2020, Minneapolis, with deliberate indifference to the rights of arrestees, detainees, and the like, tolerated, permitted, failed to correct, promoted, or ratified a number of customs, patterns, or practices that shall be further identified in discovery.”

“232. Minneapolis, with deliberate indifference to the rights of arrestees, detainees, and the like, continued to employee Chauvin and Thao despite knowledge of their repeated unconstitutional, unlawful, or other improper conduct.”

“233. Minneapolis had to the power to terminate or appropriately discipline Chauvin and Thao for their misconduct prior to May 25, 2020, but failed to do so despite the City’s knowledge of a pattern of complaints regarding excessive force.”

“234. By refusing to terminate Chauvin or Thao, Minneapolis caused Chauvin and Thao to act with impunity and without fear of retribution.”

“235. Minneapolis’ failure to terminate or properly discipline Chauvin or Thao is part of its larger custom, police, or practice of failing to supervise, terminate, or properly discipline its officers for unconstitutional, unlawful, or otherwise improper conduct, and thereby encouraged Chauvin, Thao, and the other Defendant Officers to continue engaging in unlawful acts towards arrestees, including George.”

“236. On or prior to May 25, 2020, Minneapolis, with deliberate indifference to the rights of arrestees, detainees, and the like, tolerated, permitted, failed to correct, promoted, or ratified its agents, including Lt. Bob Kroll, providing improper and harmful training to officers.”

“237. Minneapolis had to the power to terminate or appropriately discipline Kroll prior to May 25, 2020, but failed to do so despite the City’s knowledge of Kroll’s perpetuation of dangerous ideology to officers.”

“238. By refusing to terminate or discipline Kroll or denounce his ideology, Minneapolis caused officers act with impunity and without fear of retribution.”

“239. On or prior to May 25, 2020, Minneapolis, with deliberate indifference to the rights of arrestees, detainees, and the like, participated in contract negotiations with the Police Officers Federation of Minneapolis that granted officers powers that allowed them to avoid discipline for misconduct, including but not limited to:

a. A grievance process that resulted in a nearly 50% rate of overturns of terminations of officers;

b. The ability to review evidence and video footage prior to giving statements in use of force and misconduct matters.”

“240. This participation by the City of Minneapolis caused officers to act with impunity and without fear of retribution.”

“241. The unconstitutional policies, practices, and customs defined herein were the moving force behind George’s death.”

“242. George died as a direct and proximate result of the acts and omissions by Minneapolis.”

“243. As a direct and proximate result of the acts and omissions described herein, George suffered compensatory and special damages as defined under federal common law and in an amount to be determined by jury.”

“244. Plaintiff is entitled to recovery of costs, including reasonable attorneys’ fees, under 42 U.S.C. § 1988.”

“245. The conduct described in all of the preceding paragraphs amount to wrongful acts and omissions for purposes of Minnesota Statute Section 573.02, subdivision 1.”

“246. As a direct and proximate result of these wrongful acts and omissions, George’s next of kin have suffered pecuniary loss, including medical and funeral expenses, loss of aid, counsel, guidance, advice, assistance, protection, and support in an amount to be determined by jury.”

Conclusion

All of the legal references and assertions by the parties, of course, are subject to legal research to determine their current validity in light of any subsequent federal statutes and decisions by the U.S. Supreme Court and lower federal courts, especially by the U.S. District Court for the District of Minnesota and its direct appellate court (the U.S. Court of Appeals for the Eighth Circuit).

As previously noted, Count I of this Complaint against the four ex-officers has been covered in a prior post while Count III against the City will be the subject of a future post.

Now we await the defendants’ responses to this Complaint and other further developments in this civil case and in the criminal cases against the four ex-officers.

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[1] Complaint, Kaarin Nelson Schaffer, as Trustee for the next of kin of GEORGE P. FLOYD, Jr., Deceased v. Derek Chauvin, in his capacity as a Minneapolis police officer; Tou Thao, in his capacity as a Minneapolis police officer; Thomas Lane, in his capacity as a Minneapolis police officer; J. Alexander Kueng, in his capacity as a Minneapolis police officer; and the City of Minneapolis, Case 0:20-cv-01577-SRN-TNL (July 15, 2020).

[2] Count II also includes by reference all of the allegations regarding the four ex-policemen defendants (Complaint, para. 247) that were recited in the post about Count I of the Complaint.

[3] On June 5, 2020, the City of Minneapolis and the Minnesota Department of Human Rights agreed to ban the Minneapolis police from using chokeholds and neck restraints, and on June  that was so ordered by the Hennepin County District Court. (Ban on Police Choke Holds and Neck Restraints in Agreement Between City of Minneapolis and Minnesota Human rights Department, dwkcommentaries.com (June 6, 2020); Court Approves Agreement on Police Conduct Between City of Minneapolis and Minnesota Department of Human Rights (June 9, 2020).)