Federal Judge Denies Minneapolis’ Motion to Dismiss Amir Locke Civil Suit

July 10th, 2024 - From THE REINVESTIGATION WORKGROUP

The federal civil rights lawsuit against Officer Mark Hanneman and the City of Minneapolis for the killing of Amir Locke will be allowed to proceed, a federal judge announced on July 8th.

Amir’s parents sued the city and Officer Hanneman last year, alleging that their son’s constitutional rights were violated, that the Minneapolis Police Department failed to adequately train officers and that the department has a history of using excessive force and no-knock warrants against people of color.

The City filed a motion to dismiss last September, arguing that the body camera footage shows the use of deadly force was lawful, and that the city and officer were entitled to qualified and official immunity for their actions.

Yesterday, a federal judge denied the City’s motion to dismiss in full, allowing the lawsuit to continue.

“Applying these rules here shows that Officer Hanneman is not entitled to qualified immunity at the Rule 12(c) stage. According to the Amended Complaint, Amir possessed a handgun, but “never raised the handgun in a threatening manner in the direction of any officer or other person.” And, the Amended Complaint alleges, after Officer Hanneman ordered Amir to show his hands, Amir lowered the firearm’s barrel and muzzle further toward the ground and began raising his left hand.…

“These allegations plausibly show that Amir did not point the firearm at officers or use the weapon in a menacing way and that Amir was attempting to comply with officers’ commands. As explained above, in the form they have been presented on this motion, the body-worn- camera videos do not contradict these allegations. “

What is a motion to dismiss?

Generally, a motion to dismiss or for judgment on the pleadings in a use of deadly force case asks the court to end the lawsuit early, arguing that even if all allegations are true, there’s no legal basis for the claim. This is often used by the defense to avoid going to trial.

In this case, the city argued there was no legal basis for the claim because the use of force was reasonable… Read the post for more. Please note: we are not attorneys and this is not legal advice.