The Minnesota Court of Appeals has revived a lawsuit that claims former Hennepin County Attorney Mike Freeman and current Hennepin County Attorney Mary Moriarty undermined a former veteran prosecutor because she was a whistleblower.
A three-judge Appeals Court panel issued an opinion Monday that two elements of Amy Sweasy Tamburino’s lawsuit against Freeman and Hennepin County have clear factual disputes that need to be determined in district court: Whether a contract between Sweasy and Freeman and the county was breached, forcing her to resign after 29 years in the Attorney’s Office; and whether Freeman and Moriarty violated the Minnesota whistleblower act in their conduct toward Sweasy.
Sweasy’s attorney, Sonia Miller-Van Oort, said the legal team was grateful for the Court of Appeals “giving a really thorough review of the record and the decision to reverse on the two most important issues on the appeal that relate to Hennepin County’s liability.”
The lawsuit was dismissed a year ago by Hennepin County District Judge Susan Robiner, who dismissed with prejudice all claims brought by Sweasy.
The Appeals Court reversed that decision but dismissed two additional claims brought by Sweasy for breach of the implied covenant of good faith and fair dealing and for fraudulent inducement. The opinion was written by Judge Elizabeth Bentley and signed by Judge Jeanne Cochran and Judge Randall Slieter.
Sweasy’s lawsuit centers on how she was treated by Freeman and Moriarty in the wake of a $190,000 settlement she reached with the county in 2022.
That settlement stemmed from a sex discrimination and retaliation complaint Sweasy filed with the state Department of Human Rights, in which she alleged Freeman made several sexist remarks around her and then undermined her career because of how she approached the prosecution of Derek Chauvin and three other Minneapolis Police Department officers for the murder of George Floyd.
The settlement created a new role within the Attorney’s Office for Sweasy that included several provisions. Most importantly for the current lawsuit was that Sweasy would become a principal attorney and lead a new complex prosecutions unit. In that role, she was set to handle significant homicide, child abuse, domestic abuse and cold cases along with matters relating to career offenders, while also directing other prosecutors. She would no longer report to Freeman, who was set to retire at the end of 2022, and instead report to Dan Mabley, the Hennepin County Attorney’s Office criminal chief deputy, who would make staffing and caseload decisions for Sweasy’s unit.