A lawsuit alleging former Ramsey County Sheriff Bob Fletcher illegally seized literature from activists planning protests at the Republican National Convention in St. Paul will go to trial later this year.
U.S. District Court Judge John Tunheim ruled Thursday that the suit filed by the ACLU could proceed, finding sufficient evidence suggesting Fletcher and other officers violated constitutional protections in raids before the September 2008 convention.
The ACLU argues that police seized multiple copies of hundreds of documents that are protected by the First Amendment. Among the items taken were books, pamphlets, leaflets, posters, stickers and buttons that protesters intended to distribute peacefully, the lawsuit claims.
In his decision, Tunheim said "the most cursory review of the materials would have revealed the inappropriateness of seizing them." Some of those items that ACLU contends went beyond the scope of the warrant included boxes of children's books, school papers and documents relating to first aid and sexual assault prevention.
But later in his decision, Tunheim noted that the plaintiffs in the lawsuit have since acknowledged some of the documents were returned shortly after they were seized and were used by the protesters. "While the extent of the plaintiff's damages is unclear, it appears to be minimal at best," he said.
Although the judge dismissed several of the ACLU's claims in the lawsuit, Teresa Nelson, ACLU's legal counsel, said the judge still must decide the core constitutional issues of the case.
MARY LYNN SMITH
