Minnesota sue DHS over failure to provide investigative materials from three shooting

Minnesota sued the US Department of Justice (DOJ) and US Department of Homeland Security (DHS) over their refusal to provide state investigators with access to evidence regarding three shootings by DHS agents in the state, reported JuristNews.

The complaint alleges that DHS and DOJ unlawfully denied the state’s requests for evidence pertaining to the shootings. According to the state, it has a legal right to investigate the shootings that took place, asserting that it “retain[s] the sovereign authority—and responsibility—to investigate crimes committed within [state] borders.” By refusing to cooperate with state investigators, Minnesota claims that the federal government is violating the Administrative Procedure Act.

The lawsuit stems from three shootings by federal authorities in Minnesota that occurred during “Operation Metro Surge,” the DHS immigration enforcement effort within the state that saw thousands of DHS agents deployed to Minneapolis and St. Paul. The shootings include those of Alex Pretti, Renee Good, and Julio Cesar Sosa-Celis. Pretti and Good were both killed, while Sosa-Celis was shot in the leg. The federal government has defended the shootings on grounds of self defense.

Minnesota alleges that it has requested evidence in connection to the three shootings from the DHS and DOJ, following the proper procedure as required by the Supreme Court in Touhy v. Ragen and by 5 U.S.C. § 301. Minnesota argues that agencies may prescribe regulations for state requests for information connected to investigations, but they cannot prohibit any disclosure. The state further claims that DHS denied its request for evidence on the grounds that the Department would not release matters regarding criminal investigations. Minnesota rebuffed this argument by citing 6 C.F.R. § 5.41, which allows for disclosure related to criminal investigations. The DOJ has likewise refused to provide evidence, the state contends, citing Department policy to not disclose information pertaining to Operation Metro Surge. Minnesota maintains that both of these refusals unlawfully interfere with its ability to investigate under Touhy.

The lawsuit comes against the backdrop of ongoing controversy surrounding Operation Metro Surge. Following the shooting of Pretti and Good, the Trump administration decided to end the operation. Though DHS agents remain in the state, hundreds have been recalled. The DOJ also opened a civil rights investigation into the shooting of Pretti, but refused to do so for Good.

Minnesota is seeking a declaration from the court that the withholding of evidence is unlawful, and an order to release the evidence.

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