DULUTH – A Duluth family that filed a federal lawsuit against several city officials alleging more than a decade of race-based harassment will receive a $135,000 lump-sum settlement from the city of Duluth within 30 days.
Much of Aaron and Amy Kirk’s lawsuit, which includes incidents dating back to the early 2000s, was tossed out in March by a federal judge because it had exceeded the statute of limitations — but a claim against officer Sara Schutte, the arresting officer at a more recent road rage incident, stuck. The City Council approved the payout as part of its consent agenda on Monday.
Aaron Kirk, who is Black, was arrested in the street in front of his West Duluth home on June 20, 2020, after a dispute with another driver, Dustin James Turcotte, who reportedly called him by a racial slur. After the altercation, both Turcotte and Kirk left the scene. Kirk ended up in jail; the other driver received a citation.
“We’re pleased,” said Phillip F. Fishman, one of the Kirks’ Bloomington-based attorneys. “There was a claim made against officer Schutte for singling out Aaron for treatment that was not necessary. The other gentleman, Turcotte, was the real offender. The court and the city of Duluth recognized that.
“I think they did right by that. The plaintiff is pleased.”
As part of the settlement, the Kirk family won’t pursue further charges and the defendants do not claim fault.
The Kirks said they had more than 100 interactions with the Duluth Police Department since Aaron Kirk moved into the West Duluth neighborhood around 2005.
Most of the police calls started with complaints from the Kirks’ then-next door neighbors. They reported the family because the dog was barking, they believed there was a methamphetamines lab on the property. They called because Aaron Kirk seemed like he was planning on stealing construction materials. The Kirks describe the reports as “false and baseless accusations” in the lawsuit.
