Minnesota seeks dismissal of legal challenge to new police standards

Minnesota Attorney General Keith Ellison's office is asking a judge to dismiss a recent legal challenge to the state's new police use-of-force standards passed last year after George Floyd's killing.

Four law enforcement lobbying groups sued the state and Gov. Tim Walz earlier this month, alleging that a 2020 law change governing police use of force is unconstitutional because it compels officers to forfeit their rights to refuse testimony against themselves in deadly force cases.

In a brief filed Tuesday, Assistant Attorney General Anna Veit-Carter wrote that the state will ask for a hearing before Ramsey County District Judge Leonardo Castro to dismiss the lawsuit "for lack of jurisdiction and failure to state a claim upon which relief can be granted." Veit-Carter added that the state will outline its case for dismissal in a forthcoming memorandum to the court.

The law enforcement groups — the Minnesota Chiefs of Police Association, Minnesota Sheriffs' Association, Minnesota Police and Peace Officers Association and Law Enforcement Labor Services Inc. — are also seeking an injunction to delay implementation of certain new requirements "that were intended to require training and for which there has been insufficient time and opportunity to engage in the requisite training."

Under last year's change, officers can no longer justify deadly force to protect themselves or another person from "apparent" death or great bodily harm. The new law struck the word "apparent" and now reads "to protect the peace officer or another from death or great bodily harm."

The law enforcement groups argued that some agencies in neighboring states have since refused to help Minnesota agencies over concerns about the new requirements.

In a statement earlier this month, a spokeswoman for the governor said their office would work with the Legislature to determine whether clarifying language is necessary.

Stephen Montemayor • 612-673-1755

Twitter: @smontemayor