UNITED STATES DISTRICT COURT FOR THE DISTRICT OF …stmedia.startribune.com/documents/Crowder.pdfdefendant David Menter in his individual capacity acting under color of law for violation

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

FOURTH DIVISION __________________________________________________________________ TIFFANY CROWDER, Civil Action No. 11 CV 646 JNE/TNL In her individual capacity And her capacity as natural Mother and legal guardian of T. C., And T. C., a minor child, Plaintiffs, vs. DAVID MENTER, Badge #04721, in her individual capacity and his official capacity acting under color of law as a Minneapolis police officer, DANIEL LOE, Badge #04218, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, JAMES LYNCH, Badge #04307, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, DAVID PLEOGER, Badge #05753, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, TODD SAUVAGEAU, Badge #06309, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force,

CASE 0:11-cv-00646-JNE-TNL Document 26 Filed 01/04/12 Page 1 of 35CASE 0:11-cv-00646-JNE-TNL Document 36 Filed 03/15/12 Page 1 of 35

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GENE SUKER, Badge #07004, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, LAWRENCE LOONSFOOT, Badge #04234, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, DAVID GARMAN, Badge #2216 in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, MIKE NIMLOS, Badge #05138 in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, LUCAS PETERSON, Badge #97389, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, CITY OF MINNEAPOLIS, a government entity and political subdivision of the state of Minnesota, and MINNEAPOLIS PUBLIC HOUSING AUTHORITY, a government entity and political subdivision of the state of Minnesota, Defendants.

PLAINTIFFS’ FIRST AMENDED COMPLAINT –

TRIAL BY JURY DEMANDED


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INTRODUCTION

Plaintiffs Tiffany Crowder and minor child T. C. sue defendants David

Menter, Daniel Loe, James Lynch, David Pleoger, Todd Sauvageau, Gene Suker,

Lawrence Loonsfoot, David Garman, Mike Nimlos, and Lucas Peterson in their

individual capacities acting under color of law as a Minneapolis Police Officers

and the City of Minneapolis, jointly and severally, for violations of their clearly

established rights under the Fourth and Fourteenth Amendments to the United

States Constitution to be free from unlawful search of their dwelling in excess of

the authority of the relevant search warrant.

T.C. and her mother, Tiffany Crowder, sue the individual defendants,

jointly and severally, for their actions under color of law in violation of T.C.’s

clearly established Fourth and Fourteenth Amendment right to be free from

infliction of excessive, unreasonable force, specifically, for permanent facial scars

and injuries above T.C.’s right eye resulting from the violent opening of the front

door of her house by the individual defendants, most specifically defendants Suker

and Lynch. The facial injuries to T.C. require hospitalization at North Memorial

the night of the search, as well as stitches.

Plaintiff Tiffany Crowder sues the individual defendants and the City of

Minneapolis, jointly and severally, for violations of her clearly established right

under the Fourth and Fourteenth Amendment to the United States Constitution to

be free from false arrest and false imprisonment for two (2) days, without charges


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being brought, without complaint against her, without indictment, without

prosecution, and without judicial finding of probable cause.

Tiffany Crowder sues the individual defendants, jointly and severally, for

their actions under color of law in violation of her clearly established rights under

the Fourth and Fourteenth Amendment to be free from unreasonable seizure of her

personal property without lawful authority, without authority under a search

warrant, without plaintiff’s consent, and without any other exception under the

law.

Tiffany Crowder sues defendant David Menter in his individual capacity

acting under color of law for violation of her clearly established First, Fifth, and

Fourteenth Amendment right to be free from coercion and unlawful deprivation of

her parental rights unto her minor child, T.C. T.C. and Tiffany Crowder sue

defendant David Menter in his individual capacity acting under color of law for

violation of her clearly established First and Fourteenth Amendment right of

association with her mother.

Plaintiffs additionally sue the individual defendants and the City of

Minneapolis, jointly and severally, for violations of their clearly established rights

under the common law of Minnesota to be free from trespass, unlawful search,

invasion of privacy, conversion, and battery. Plaintiffs sue the City of

Minneapolis pursuant to Minn. Stat. § 626.74 for bodily injuries inflicted upon T.

C., property damage to the dwelling itself, and damage to chattels resulting

directly from the execution of the search warrant and violent entry into their


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dwelling by the above-named individual defendants, in excess of the authority

granted under the search warrant. Plaintiff Tiffany Crowder sues the individual

defendants and the City of Minneapolis, jointly and severally, for violations of her

clearly established right under the common law of Minnesota to be free from false

arrest and false imprisonment for two (2) days, without charges being brought,

without complaint against her, without indictment, without prosecution, and

without judicial finding of probable cause.

Plaintiff Tiffany Crowder additionally sues the City of Minneapolis

(Minneapolis) to compel production of data to which she has access, and which

Minneapolis wrongfully withholds, in accordance with Minn. Stat. §§ 13.04 subd.

3, 13.03 subd. 3, 13.82 subd. 2, 3, 6, and 7, and 13.08 subd. 4(a).

Plaintiff Tiffany Crowder sues Minneapolis to correct false and inaccurate

data, of and concerning herself, communicated by Minneapolis and its agent,

Officer David Menter, to the Minneapolis Public Housing Authority (MPHA).

Such communicated false data directly results in the loss of Ms. Crowder’s

Section 8 housing assistance program (HAP) voucher. Ms. Crowder sues the City

of Minneapolis pursuant to Minn. Stat. §§ 13.04 subd. 4, 13.05 subd. 5(a), and

13.08 subd. 2 for declaratory and equitable relief for violation of her right to be the

subject of truthful data in the possession or control of the City of Minneapolis

(Minneapolis). Furthermore, Ms. Crowder sues Minneapolis pursuant to Minn.

Stat. § 13.08 subd. 1 for damages in excess of $75,000, or a sum that the jury shall

determine, and exemplary damages up to $15,000, or a sum that the jury shall


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determine, as a direct result of the harm she suffers from Minneapolis’s

communication of false, inaccurate data concerning her to the Minneapolis Public

Housing Authority.

Ms. Crowder sues Minneapolis Public Housing Authority (MPHA) for

violation of her rights under the Fair Housing Act as Amended (FHAA) to be free

from racial discrimination on account of her association with an African-American

male who is not a co-tenant of hers. Ms. Crowder sues MPHA for violation of her

clearly established rights under the FHAA to be free from coercion, viz., the

unfounded counterclaim of MPHA made in conscious, willful, or reckless

disregard of facts within MPHA’s knowledge that negate its counterclaim.

Ms. Crowder sues MPHA in accordance with Minn. Stat. §§ 13.04 subd. 4,

13.05 subd. 5, and 13.08 subd. 1, to correct false, inaccurate indivudal data of and

concerning herself that MPHA collects, uses, and disseminates, where such data

inflict damages upon Ms. Crowder and her minor children.

In addition, Ms. Crowder sues MPHA under Minn. Stat. § 13.08 subd. 4(a)

of the Minnesota Government Data Practices Act (MGDPA) to compel production

of public and private data of and concerning herself and her minor children that

MPHA has refused to provide to her on a timely basis, without lawful authority for

said delay, notwithstanding Ms. Crowder’s lawful request for access to data. The

refusal of MPHA to comply with the MGDPA is a contributing factor to its being

sued by Ms. Crowder in this present action. Restated, MPHA’s disrespect and

disregard of Ms. Crowder make Ms. Crowder’s lawsuit against MPHA necessary.


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Plaintiffs demand trial by jury on all claims triable to the jury.

JURISDICTION

1. Plaintiffs state claims for violation of clearly established rights under the

Fourth, First, Fifth, and Fourteenth Amendments to the United States Constitution.

2. 42 U.S.C. § 1983 provides a remedy for violation of these clearly established

constitutional rights.

3. Plaintiffs state claims under 42 U.S.C. §§ 3604 and 3617 of the FHAA.

4. This court has subject matter jurisdiction in accordance with 28 U.S.C. § 1331.

5. Plaintiffs state claims that arise under the laws of Minnesota.

6. This court has supplemental jurisdiction in accordance with 28 U.S.C. § 1367.

VENUE

7. Defendant City of Minneapolis is a political subdivision under Minn. Stat. §

13.02 subd. 11 and the county seat of Hennepin County, state of Minnesota,

Fourth Division of the Judicial District of Minnesota.

8. The substantial number of events giving rise to this lawsuit take place in

Minneapolis, Hennepin County, state of Minnesota.

9. Plaintiffs properly lay venue in this court in accordance with 28 U.S.C. § 1291

and LR D. Minn. 83.11.

PARTIES

10. Tiffany Crowder (plaintiff, Crowder, Ms. Crowder) is an adult African-

American woman.


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11. On the date of the principal event giving rise to this lawsuit, Ms. Crowder lives

at 3102 N. Queen Avenue, Minneapolis, Minnesota 55411.

12. Ms. Crowder is the mother and legal guardian of T. C. (plaintiff, child, T.C.)

13. As the direct result of events giving rise to this lawsuit, the plaintiffs become

homeless for periods of time between 1 November 2009 and the present. Between

the events of 19 February 2009 and the present, plaintiffs dwell at 3914 Colfax

Ave. N., Minneapolis, MN 55412, 3313 Lyndale Ave. N., Minneapolis, MN

55412, and now dwell at 3659 Colfax Ave. N., Minneapolis, MN 55412.

14. T. C. is a minor child.

15. She is currently fifteen (15) years old.

16. On the date of the principal events giving rise to this lawsuit, T. C. is twelve

(12) years old.

17. At all times relevant to this lawsuit, T. C. resides with her mother, Ms. Tiffany

Crowder.

18. David Menter (Menter, defendant) is an adult individual.

19. At all times relevant to this lawsuit, Menter acts under color of law as a

Minneapolis police officer.

20. Menter is a regularly assigned officer of the Third Precinct, Minneapolis

Police Department, and, on information and belief after reasonable inquiry, is a

member of the Metropolitan Gang Strike Force at the time of the principal event

on 19 February 2009 giving rise to this lawsuit.


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21. Defendants David Loe, James Lynch, David Pleoger, Todd Sauvageau, Gene

Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, and Lucas Peterson are

adult individuals.

22. At all times relevant to this cause of action, all individual defendants named in

paragraphs 20 – 21 are Minneapolis police officers.

23. At all times relevant to this cause of action, all the above-named individual

defendants act under color of law as Minneapolis police officers.

24. Plaintiffs sue all above-named individual defendants in their individual and

official capacities.

25. Defendant City of Minneapolis (Minneapolis) is a political subdivision under

Minn. Stat. § 13.02 subd. 11 and the county seat of Hennepin County, state of

Minnesota, Fourth Division of the Judicial District of Minnesota.

26. Defendant Minneapolis Public Housing Authority (MPHA) is a political

subdivision of the state of Minnesota per Minn. Stat. § 13.02 subd. 11.

THE FACTS

27. On 19 February 2009, officers of the Minneapolis Police Department,

including one Officer David Menter and Defendants David Loe, James Lynch,

David Pleoger, Todd Sauvageau, Gene Suker, Lawrence Loonsfoot, David

Garman, Mike Nimlos, and Lucas Peterson enter Ms. Crowder’s and T.C.’s

residence at or near 7:00 p.m.

28. Officers David Menter, David Loe, James Lynch, David Pleoger, Todd

Sauvageau, Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, and


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Lucas Peterson assert that they are in search of an African-American male and

purported felon named “Toby”.

29. Ms. Crowder is not home.

30. T.C. is home.

31. On 19 February 2009 in Minneapolis, sundown takes place at 5:47 p.m.

32. On 19 February 2009 in Minneapolis, civil twilight ends at 6:17 p.m.

33. The moon is set at all times relevant to the 19 February 2009 entry and search

of plaintiffs’ dwelling.

34. Plaintiffs attach and incorporate as Exhibit 1 the U.S. Naval Observatory

Astronomical Applications Department’s “Sun and Moon for One Day” for 19

February 2009 in Minneapolis, Minnesota, at http://aa.usno.navy.mil/cgi-

bin/aa_pap.pl as Exhibit 1.

35. The above-named individual defendants enter plaintiffs’ dwelling pursuant to a

search warrant in search of controlled substances being distributed by one “Toby”.

36. The search warrant rests upon the affidavit of Officer David Menter.

37. The search warrant does not authorize destruction of chattel, fixture, or other

property relating to the dwelling.

38. The affidavit of Officer Menter does not request night-time entry.

39. The affidavit of Officer Menter does not support night-time entry.

39.1. The affidavit of Officer Menter does not request unannounced entry.

39.2. The affidavit of Officer Menter does not support unannounced entry.

40. The search warrant specifically authorizes daytime entry into the dwelling.


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41. The search warrant does not authorize night-time entry into the dwelling.

42. The search warrant does not authorize entry with force.

42. The search warrant explicitly requires announcement of authority or purpose

before execution of the warrant.

43. Plaintiffs attach and incorporate said search warrant as Exhibit 2.

44. Plaintiffs attach and incorporate said affidavit as Exhibit 3.

45. The officers enter the residence after sundown, at or near 7:00 p.m.

46. The officers enter the residence after the hour of repose for Ms. Crowder’s 12

year-old daughter, T. C.

47. The officers break down the front door without verbal warning.

48. Specifically, Officers Lynch and Suker force open the front door.

49. The door bursts open.

50. The front door strikes T.C. above her right eye.

51. T.C. suffers a bloody injury that leaves a permanent scar near her eye.

52. The defendant officers summon Emergency Medical Services (EMS) to attend

to T.C.’s injury above her right eye.

53. EMS personnel arrive.

54. EMS personnel on scene recommend stitches for T.C.

55. Plaintiff Tiffany Crowder and her father, Mr. Pleas Crowder, take T.C. to

North Memorial Hospital on the evening of 19 February 2009 for treatment that

includes stitches.

56. Ms. Crowder has photographs of T. C.’s injuries.


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57. After the defendant officers’ entry into the dwelling, Officer Menter contacts

Ms. Crowder by phone.

58. Menter informs her that T.C. “was injured”.

59. Ms. Crowder speeds home from errands and finds her injured daughter.

60. Ms. Crowder demands to see a search warrant.

61. The officers produce no search warrant on her demand.

62. The officers enter the residence, allegedly in search of controlled substances.

63. Ms. Crowder denies the existence of drugs in the house.

64. Officer Menter verbally threatens to remove T. C. from the home.

65. He provides no facts or evidence to support removal of T.C -- just threats.

66. At the time that Officer Menter threatens to remove T.C. from Ms. Crowder’s

custody, Ms. Crowder and T.C. are not free to come or go on account of the

defendant officers’ execution of the search warrant and Officer Menter’s demand

that she remain in place.

67. Officer Menter makes an audio recording of his face-to-face communications

with Ms. Crowder.

68. On imminent fear of losing her daughter and all her minor children (two) on

account of Officer Menter’s spoken threats, and, not being at liberty to leave

Menter’s presence on account of Menter’s actions, Ms. Crowder agrees under

coercion to all statements by Menter, regardless of the veracity of Officer

Menter’s statements.


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69. Prior to his recorded interrogation of Ms. Crowder, Officer Menter requires

her to answer his questions “yes” on pain of losing custody of her minor children.

70. Officer Menter refuses to record the entirety of his interrogation of Ms.

Crowder, specifically, his order that she answer his questions in the affirmative, on

pain of losing custody of her children.

71. Officer Menter fails to advise Ms. Crowder of any rights, or right to have an

attorney present, at any time, before commencement of the recorded interview.

72. The recorded portion of the in-custody interrogation includes a recitation by

Officer Menter of Ms. Crowder’s rights to silence and the assistance of an

attorney.

73. Officers David Menter, David Loe, James Lynch, David Pleoger, Todd


Lucas Peterson claim to be searching for a male named “Toby.”

74. Officer Menter directly states to Ms. Crowder that if Ms. Crowder does not

cooperate in getting “Toby” to be an informant for the police, Menter would take

action to take away her minor children.

75. The individual defendants find no “Toby” at the Crowder residence.

76. “Toby” does not live at 3102 N. Queen Avenue.

76. “Toby” Clarke lives at 1829 Fifth Avenue South in South Minneapolis at the

time of the execution of the search warrant.

77. Officer Menter has actual knowledge of Mr. Clarke’s residence in South

Minneapolis, before his interrogation of Ms. Crowder.


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78. Defendant officers rough up, physically manhandle, and curse Ms. Crowder in

front of her daughter, using the words “fuck” and “bitch”.

79. Those defendant individual officer who do not physically manhandle or curse

Ms. Crowder fail to stop defendant officers who do.

80. The defendant officers leave no inventory sheet.

81. Minneapolis produces an inventory sheet in partial response to Ms. Crowder’s

request for access to data under the MGDPA.

82. The inventory sheet is signed by Officer Menter, and notarized on 2 March

2009.

83. The individual defendants’ search and entry results in a broken door, broken

latch, broken bed, broken bedroom set, torn up bunk bed, torn up double bed,

broken dishes, removed Xbox36, and the removal of $2,200 cash and $3,000 in

jewelry, including a bracelet and two pinkie rings from Ms. Crowder’s residence.

84. The individual officers, jointly and severally, seize and transport Ms. Crowder

to Hennepin County Jail, without arrest warrant, without citation, without consent,

without specific charges, and without any lawful authority.

85. Crowder spends two days in Hennepin County Jail before release.

86. The state and Minneapolis charge Crowder with nothing.

87. Crowder suffers no criminal prosecution for the events at her residence on 19

February 2009.

88. She is charged with nothing.


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89. Neither Menter, nor any other individual defendant, nor the City of

Minneapolis, nor Hennepin County bring any action to take Ms. Crowder’s minor

children from her home.

90. On or about 26 January 2009, Ms. Crowder commences work as a nursing

assistant at Prairie Lodge, Minnetonka, earning $12.00 per hour.

92. On information and belief, after reasonable inquiry by the plaintiff, she earns

$15 per hour for twenty-four (24) hours of labor per week on Mondays, Tuesdays,

and Wednesdays as a private personal care attendant (PCA), separately from

Prairie Lodge.

93. Ms. Crowder leaves the private pay PCA position to gain additional hours at

Prairie Lodge.

94. Plaintiff attaches and incorporates as Exhibit 4 a true copy of her W-2 from

Prairie Lodge, Minnetonka.

95. Ms. Crowder discloses her employment to MPHA and Metropolitan Public

Housing Authority officials before 19 February 2009.

96. Ms. Crowder makes said disclosure before receipt of her § 8 housing voucher

for 3102 Queen Ave. N., Minneapolis, Minnesota 55412.

97. While Ms. Crowder and her family move into 3102 N. Queen Avenue in late

2008, MPHA fails to begin § 8 subsidy payments to her landlords, the Pfarrs, until

two months after the start of her tenancy, because of the landlords’ failing MPHA

inspections.


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98. As the direct result of her jailing without charges or probable cause, Crowder

loses her job as a nursing assistant.

99. She mitigates her income loss by job searches.

100. She finds new employment four months after the 19 February 2009 incident.

101. At the time of the 19 February 2009 incident, Ms. Crowder enjoys the benefit

of a § 8 Housing Assistant Program (HAP) contract.

102. She pays $341 per month in rent by the benefit of the HAP contract at the

time of the incident.

103. Ms. Crowder voluntarily discloses the 19 February 2009 incident to her

landlord, Mr. Daniel Pfarr.

104. Mr. Pharr takes no action to evict Ms. Crowder or her children.

105. On or about the 5th of May, 2009, Ms. Crowder receives a written

communication from the Minneapolis Public Housing Authority (MPHA) to come

to the MPHA for an appointment on or about 14 May 2009.

106. Ms. Crowder receives no other written data from MPHA before 14 May

2009, other than the notice informing her of her appointment.

107. The letter from MPHA § 8 program employee Kristi Clayson alleges

“violations of your lease contract including drug and criminal activity in the unit”.

108. The letter does not direct Ms. Crowder to bring anything to the appointment.

109. Ms. Crowder appears for her appointment.


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110. At the appointment, the MPHA employee provides a “calls for service” report

from Ms. Crowder’s 3102 Queen Ave. N. tenancy that includes five separate calls,

a report that includes two “calls for service” before Ms. Crowder’s tenancy.

111. At the appointment, the MPHA employee, Ms. Clayson, provides a police

report, 9 pages long, from MP 09 049142.

112. Ms. Clayson informs Ms. Clayson that the police found male clothing at her

apartment.

113. Ms. Clayson asks for an explanation.

114. Ms. Crowder explains that the police found male clothing in luggage because

she and Toby had attended the NBA All-Star game in Phoenix, that they had

returned two days before the raid, that they had not unpacked, and that Toby did

not live at 3102 Queen Ave. N.

115. Ms. Crowder informs Ms. Clayson lives in South Minneapolis.

116. Ms. Clayson informs Ms. Crowe that another hearing on her § 8 status will

take place.

117. On 1 June 2009, Ms. Crowder and her minor children move to 3914 Colfax

Ave. N., Minneapolis, MN 55411 on their own free will and accord.

118. Ms. Crowder does not receive § 8 benefits at 3914 Colfax Ave. N.

119. Ms. Crowder receives a letter dated 29 July 2009 from MPHA informing her

that her § 8 benefits will end “due to alleged serious violations of the program

obligations and requirements by you or by members of the family household.”


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120. The 29 July 2009 letter informs Ms. Crowder she must request a hearing by

12 July 2009.

121. The 29 July 2009 letter identifies three (3) pieces of information on which the

denial of benefits is based: (a) unspecified letters sent to Ms. Crowder by her

landlord; (b) “police recap and police reports showing the high risk warrant entry

and SAFE case”; and (c) “the copy of your lease that you have violated”.

122. On or about 19 August 2009, Ms. Crowder receives a letter from MPHA

informing her of a “denial of eligibility hearing” at MPHA on 3 September 2009.

123. The hearing takes place on 3 September 2009.

124. Ms. Crowder appears at MPHA with Mr. Ron Edwards of the Minneapolis

Urban League, on or about 3 September 2009 for an “informal” § 8 termination

hearing, after having her § 8 benefits terminated on 29 July 2009, pending

“informal” hearing.

125. No police officers appear at the hearing.

126. At the hearing, Ms. Crowder denies that Toby Clarke lives with her.

127. Ms. Crowder brings one piece of mail and Mr. Clarke’s tax return to show his

residence in South Minneapolis – not with Ms. Crowder.

128. She demands to see evidence allegedly seized in the police search of her

house, including a scale, contraband, and weapons.

129. MPHA produces no such evidence at the hearing.

130. No hostile witness testifies against Ms. Crowder, or refutes the evidence of

Mr. Clarke’s residence elsewhere.


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131. MPHA refuses to accept the Clarke mail and tax return into evidence in the

“informal” hearing.

132. MPHA notes the “diminished credibility” of the Metro Gang Strike Force in

its written findings and conclusions following the hearing.

133. Nevertheless, and notwithstanding the above defects, MPHA takes away Ms.

Crowder’s § 8 Housing Assistance Program benefits after the hearing.

134. Ms. Crowder loses her Section 8 housing status as a direct result of the jailing

that resulted in no charges,

135. Ms. Crowder loses her Section 8 housing status as a direct result of the raid

that was not supported by search warrant or arrest warrant, and which resulted in

the discovery of no controlled substances.

136. MPHA refuses to inform Ms. Crowder of any post-hearing rights, including

the right to petition for certiorari to the Minnesota Court of Appeals.

137. Ms. Crowder’s rent increases from $341 to $1,200 per month as a result of

the loss of Section 8 support.

138. Ms. Crowder spends four months out of work until she finds new work to job

as a nursing assistant.

139. As a result of the loss of Section 8 housing, Ms. Crowder has had no stable

work that provides for her family’s needs, including day care to enable her to work

longer hours.

140. As a result of the loss of Section 8 housing, Ms. Crowder goes back on MFIP

to make ends meet.


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141. Ms. Crowder lived at 3313 Lyndale Ave. N., Minneapolis, MN 55411, after

being homeless for four months, including the summer of 2010.

142. Ms. Crowder paid $950 in monthly rent at 3313 Lyndale Ave. N.

143. Ms. Crowder enjoyed a $200 monthly rental subsidy from ELIMS while

living at 3313 N. Lyndale.

144. Ms. Crowder lost her tenancy at 3313 Lyndale Ave. N. because of an

inability to pay rent after an automobile accident in May 2011 left her without an

automobile and physically injured.

145. Ms. Crowder and her three minor children now live at 3659 Colfax Ave. N.,

Minneapolis, MN 55412.

146. Prior to the termination of § 8 without cause, resulting from the seizure and

raid, Ms. Crowder did not require MFIP because she was working, although she

received health care from the state for her children and herself.

147. Prior to the termination of § 8 without cause, resulting from the unreasonable

seizure and raid, Ms. Crowder earned enough from her job to be just short of

affording health insurance for herself and her children through her employer.

148. But for the wrongful deprivation of § 8 benefits that results from the

unreasonable seizure and raid of 19 February 2009, Ms. Crowder would have been

totally self-sufficient.

149. Ms. Crowder makes requests for access to all data of and concerning herself

to the City of Minneapolis concerning the 19 February 2009 warrant execution.

150. Ms. Crowder attaches and incorporates her request for access as Exhibit 5


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151. Minneapolis failed to provide timely the audio recording that Officer Menter

made of his coerced interview with Ms. Crowder.

152. On or about 19 August 2011, more than one year after the 10 business day

deadline for producing the audio recording elapsed, and after Ms. Crowder had

initiated this lawsuit, Minneapolis produced the audio recording.

153. Ms. Crowder attaches and incorporates the cover letter of the City of

Minneapolis dated 9 September 2011 as Exhibit 6.

154. Ms. Crowder makes request for access to all data of and concerning herself to

the MPHA, on or about 19 November 2010.

155. Ms. Crowder attaches and incorporates this request for access to data as

Exhibit 7.

156. To date, MPHA refuses to respond to her request for access.

157. The actions of the defendants, jointly and severally, inflict damages upon Ms.

Crowder and T. C., including emotional distress, anxiety, fear, psychological

harm, and, in the case of T. C., bodily injuries.

CLAIM I: FOURTH AND FOURTEENTH AMENDMENT TO THE

UNITED STATES CONSTITUTION, PROTECTED THROUGH 42 U.S.C. §

1983.

158. Ms. Crowder realleges and reasserts each and every claim and averment

above.

159. David Menter, David Loe, James Lynch, David Pleoger, Todd Sauvageau,

Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, and Lucas


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Peterson, in their individual capacities acting under color of law, enter Ms.

Crowder’s dwelling in excess of the scope of the authority of the search warrant,

without consent, without exigent circumstances, or any other lawful authority, in

violation of Ms. Crowder’s clearly established right to be free from unreasonable

searches and seizures of her dwelling.

160. The above-named individual defendant’s actions inflict damage upon Ms.

Crowder.

CLAIM II: FOURTH AND FOURTEENTH AMENDMENT TO THE


1983.


above.

162. James Lynch and Gene Suker in their individual capacity acting under color

of law, enter T. C.’s dwelling in excess of the scope of the authority of the search

warrant, without consent, without exigent circumstances, without warning, and

without any other lawful authority, after prescribed daylight hours, and past T. C’s

hour of repose, causing physical injuries to T. C., in violation of T.C.’s clearly

established right to be free from infliction of excessive, unreasonable force in the

course of the execution of the search warrant.

163. Defendants Lynch’s and Suker’s actions inflict damages upon T. C. and Ms.

Crowder, in her capacity as mother and legal guardian of T.C.


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CLAIM III: FOURTH AND FOURTEENTH AMENDMENT TO THE


1983.


above.

165. David Menter, David Loe, James Lynch, David Pleoger, Todd Sauvageau,

Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, and Lucas

Peterson, in their individual capacities acting under color of law, in their

individual capacities acting under color of law, jointly and severally entered Ms.

Crowder’s and T. C.’s dwelling without warrant, without consent, without exigent

circumstances, without warning, and without any other lawful authority, and past

T. C’s hour of repose, causing property damage to Ms. Crowder’s front door,

screen door, kitchen ceiling panels, wall-mounted coat hook, bedroom dresser set,

electronic entertainment set, mattresses, bathroom cabinets, bathroom shelves, and

Xbox 360 game, causing unreasonable seizure of personal property belonging to

Ms. Crowder, including two pinky rings and a bracelet valued at $3,000 and in

violation of Ms. Crowder’s clearly established right to be free from unreasonable

searches and seizures of her dwelling, and

166. The individual defendants’ actions inflict damages upon Ms. Crowder and

T. C.


24

CLAIM IV: FOURTH AND FOURTEENTH AMENDMENT, PROTECTED

THROUGH 42 U.S.C. § 1983 (UNREASONABLE SEIZURE)


above.

168. Defendants Menter, David Loe, James Lynch, David Pleoger, Todd


Lucas Peterson, in their individual capacities acting under color of law, jointly and

severally, unreasonably seized Ms. Crowder without warrant or other lawful

authority and caused her to be jailed for two days without warrant, without exigent

circumstances, without lawful authority, and without probable cause, in violation

of her clearly established rights to be free from unreasonable seizures in violation

of the Fourth and Fourteenth Amendments to the United States Constitution.

169. Defendants inflict damages upon Ms. Crowder.

CLAIM V: U.S. FAIR HOUSING ACT AS AMENDED


above.

171. MPHA discriminated against Ms. Crowder with respect to the terms and

conditions of her § 8 housing assistance program benefits on account of race and

her association with an African-American male, in violation of the Fair Housing

Act as Amended.

172. The actions of MPHA inflict damages upon Ms. Crowder.

CLAIM VI: MINNESOTA HUMAN RIGHTS ACT


25


above.

174. MPHA discriminated against Ms. Crowder with respect to the terms and

conditions of her § 8 housing assistance program benefits on account of race and

her association with an African-American male, in violation of the Minnesota

Human Rights Act (MHRA)

175. The actions of MPHA inflict damages upon Ms. Crowder.

CLAIM VIII COMMON LAW BATTERY


above.

177. Defendants Lynch and Suker, jointly and severally, inflicted common law

battery upon the person of T. C. without her consent, and without lawful authority.

178. Defendants inflict damages upon T. C., including severe physical injuries and

permanent scarring above her right eye.

CLAIM IX COMMON LAW BATTERY (CITY OF MINNEAPOLIS)


above.

180. Defendants Lynch and Suker jointly and severally, act under color of law in

the course and scope of their employment as Minneapolis police officers.

181. Defendant City of Minneapolis inflicts common law battery upon T. C.

without her consent and without lawful authority.

182. Minneapolis inflicts damages upon T. C.


26

CLAIM X: COMMON LAW TRESPASS

183. Plaintiffs reallege and reassert each and every claim and averment above.

184. Officer Menter and all individual defendants, jointly and severally, act under

color of law in the course and scope of their employment as Minneapolis police

officers.

185. Officer Menter, all other individual police officer defendants, and

Minneapolis, jointly and severally, inflict common law trespass upon plaintiffs by

the individual defendants’ entry into plaintiffs’ dwelling, and destruction of

property upon the premises of plaintiffs’ dwelling, in excess of the lawful

authority under the search warrant, outside daylight hours and past the hour of

repose of T.C., under conditions whereby the defendants knew or should have

known the hour of repose.

186. Defendants inflict damages upon plaintiffs, including such damages for

which Minn. Stat. § 626.74 provides a remedy.

CLAIM XI: COMMON LAW INVASION OF PRIVACY


188. The City of Minneapolis, Defendants Menter, David Loe, James Lynch,

David Pleoger, Todd Sauvageau, Gene Suker, Lawrence Loonsfoot, David

Garman, Mike Nimlos, and Lucas Peterson, in their individual capacities acting

under color of law, jointly and severally, act under color of law in the course and

scope of their employment as Minneapolis police officers.


27

189. The individual officer defendants and Minneapolis, jointly and severally,

inflict common law invasion of privacy upon plaintiffs by exceeding the scope of

the authority of the search warrant.

190. Defendants inflict damages upon plaintiffs.

CLAIM XII: COMMON LAW CONVERSION




Lucas Peterson, in their individual capacities acting under color of law,, jointly

and severally, act under color of law in the course and scope of their employment

as Minneapolis police officers.



Lucas Peterson, in their individual capacities acting under color of law,, and

Minneapolis, jointly and severally, inflict common law conversion upon plaintiffs

without warrant, without consent, and without other lawful authority.

194. Defendants inflict damages upon plaintiffs.

CLAIM XIII: COMMON LAW FALSE IMPRISONMENT




Lucas Peterson, in their individual capacities acting under color of law,, jointly


28

and severally, act under color of law in the course and scope of their employment

as Minneapolis police officers.

197. Defendants Menter, Officers 1 – 10, and Minneapolis, jointly and severally,

inflict common law false imprisonment upon Ms. Crowder without warrant,

without consent, and without other lawful authority.

198. Defendants inflict damages upon Tiffany Crowder.

CLAIM XIV: DATA PRACTICES ACT


200. Defendants City of Minneapolis and MPHA, jointly and severally, create,

store, and disseminate false, inaccurate individual data of and concerning Ms.

Crowder in violation of Minn. Stat. §§ 13.04 subd. 4 and 13.05 subd. 5.

201. Defendants inflict damages upon plaintiff Tiffany Crowder in violation of

Minn. Stat. § 13.08 subd. 1.

CLAIM XV: DATA PRACTICES ACT (MINNEAPOLIS)


203. Defendant City of Minneapolis fails to provide all public or private data of

and concerning Ms. Crowder on a timely basis.

CLAIM XVI: DATA PRACTICES ACT (MPHA)


205. Defendant MPHA fails to provide all public or private data of and concerning

Ms. Crowder on a timely basis.


29

CLAIM XVII: First, Sixth, and Fourteenth Amendment to the United States

Constitution, with reference to 42 U.S.C. § 1437f, as Protected through 42

U.S.C. § 1983


above.

207. 24 C.F.R. §§ 982.552(c) and 982.555, with respect to their provisions for

hearings for termination of tenant-based § 8 housing assistance program benefits,

as written, do not provide for compulsory appearance of witnesses, do not enshrine

the clearly established right to confront hostile witnesses when a protected liberty

interest is at stake, per Goldberg v. Kelly, 397 U.S. 254 (1971), do not provide for

an electronically recorded or court reporter-transcribed verbatim hearing –

necessary for full and fair certiorari review of the record of a termination hearing

by the Minnesota Court of Appeals, in violation of the Sixth and Fourteenth

Amendment guarantees of Confrontation and Due Process, as well as guarantees

of due process under Minn. Const. Art. I, §§ 7 and 8.

208. MPHA made its determination in part on the basis of documents not provided

to Ms. Crowder prior to the hearing.

209. MPHA made its determination in part, notwithstanding documents in its

possession, but not provided to Ms. Crowder prior to the hearing, that militated

against revocation of Ms. Crowder’s § 8 benefits.

210. MPHA made its determination, in part, upon hearsay evidence without giving

Ms. Crowder the opportunity to cross-examine the declarant(s), viz., police


30

officers in the warrant execution, to impeach the declarant(s), or to call witnesses

to contradict the declarants. MPHA refuses to admit plaintiff’s plaintiff’s

documentary evidence showing Mr. Clarke’s residence in S. Minneapolis, and not

her home.

211. MPHA failed to make a transcript of the § 8 hearing available to Ms.

Crowder for use on petition for certiorari.

212. MPHA failed to inform Ms. Crowder of her right to petition for certiorari to

the Minnesota Court of Appeals within sixty days of the decision.

213. The termination of Ms. Crowder’s § 8 housing assistance program benefits by

MPHA, violated Ms. Crowder’s clearly established rights of confrontation and due

process.

214. MPHA’s actions inflict damages upon Ms. Crowder.

CLAIM XVIII: COMMON LAW NEGLIGENCE AGAINST DEFENDANTS

LYNCH AND SUKER, AND CITY OF MINNEAPOLIS

215. Plaintiffs realleges and reassert each and every claim and averment above.

216. Plaintiffs sue defendants Lynch and Suker in their individual capacities for

actions in the course and scope of their employment as Minneapolis police

officers, and the City of Minneapolis by respondeat superior, for actions taken by

defendants Lynch and Suker breaching their duties of ordinary care to T.C. in the

execution of the search warrant, by violating (a) ministerial duties to refrain from

use of unreasonable force to open the front door in night-time hours, past the hour

of T.C.’s repose, and (b) known rights of T.C. and all other dwellers inside to be


31

free from execution of a search warrant in night-time, after the hour of repose in

opening the front door with a steel ram, striking T.C. in the face with the door,

where such violations directly cause bodily injuries to T.C., including a cut over

T.C.’s right eye that requires stitches and leaves a permanent scar

217. The three defendants’ joint and several actions inflict damages upon

T.C.

WHEREFORE PLAINTIFFS PRAY FOR THE FOLLOWING RELIEF:

A. JUDGMENT AGAINST THE DEFENDANTS, JOINTLY AND

SEVERALLY;

B. DAMAGES AGAINST THE INDIVIDUAL DEFENDANTS NAMED

ABOVE IN EXCESS OF $75,000, OR SUCH SUM AS THE JURY SHALL

AWARD;

C. DAMAGES AGAINST THE CITY OF MINNEAPOLIS IN EXCESS OF

$75,000, OR SUCH SUM AS THE JURY SHALL AWARD;

D. DAMAGES AGAINST MPHA IN EXCESS OF $75,000, OR SUCH SUM

AS THE JURY SHALL AWARD;

E. PUNITIVE DAMAGES AGAINST THE INDIVIDUAL DEFENDANTS

NAMED ABOVE, JOINTLY AND SEVERALLY, IN EXCESS OF $75,000,

OR SUCH SUM AS THE JURY SHALL AWARD;

F. REINSTATEMENT OF MS. CROWDER’S § 8 HOUSING ASSISTANCE

PROGRAM BENEFITS;


32

G. COMPELLED PRODUCTION BY THE CITY OF MINNEAPOLIS OF

ALL DATA WRONGFULLY WITHHELD, IN ACCORDANCE WITH

MINN. STAT. § 13.08 SUBD. 4(a);

H. COMPELLED PRODUCTION BY MPHA OF ALL DATA

WRONGFULLY WITHHELD, IN ACCORDANCE WITH MINN. STAT. §

13.08 SUBD. 4(a);

I. CIVIL PENALTY AGAINST MPHA IN ACCORDANCE WITH THE

MINNESOTA HUMAN RIGHTS ACT, IN SUCH AMOUNT AS THE JURY

SHALL AWARD;

J. EXEMPLARY DAMAGES AGAINST THE CITY OF MINNEAPOLIS

UP TO $15,000, OR SUCH SUM AS THE JURY SHALL AWARD, IN

ACCORDANCE WITH MINN. STAT. § 13.08 SUBD. 1;

K. EXEMPLARY DAMAGES AGAINST MPHA UP TO $15,000, OR SUCH

SUM AS THE JURY SHALL AWARD, IN ACCORDANCE WITH MINN.

STAT. § 13.08 SUBD. 1;

L. CIVIL PENALTY AGAINST MINNEAPOLIS IN ACCORDANCE WITH

MINN. STAT. § 13.08 SUBD. 4(a) UP TO $1,000, OR SUCH AMOUNT AS

THE JURY SHALL AWARD;

M. CIVIL PENALTY AGAINST MPHA IN ACCORDANCE WITH MINN.

STAT. § 13.08 SUBD. 4(a) UP TO $1,000, OR SUCH AMOUNT AS THE

JURY SHALL AWARD;


33

N. INJUNCTION AGAINST FURTHER DISSEMINATION OF FALSE,

INACCURATE INDIVUDAL DATA CONCERNING PLAINTIFFS BY

DEFENDANTS MINNEAPOLIS, MPHA, OR THEIR

REPRESENTATIVES, THAT ARISE FROM MS. CROWDER’S

TENANCY AT 3102 QUEEN AVE. N., IN ACCORDANCE WITH MINN.

STAT. § 13.08 SUBD. 2;

O. CORRECTION OF ALL FALSE, INACCURATE INDIVUDAL DATA

CONCERNING PLAINTIFFS BY DEFENDANTS MINNEAPOLIS, MPHA,

OR THEIR REPRESENTATIVES, THAT ARISE FROM MS.

CROWDER’S TENANCY AT 3102 QUEEN AVE. N., IN ACCORDANCE

WITH MINN. STAT. §§ 13.04 SUBD. 4, 13.08 SUBD. 2 AND 13.08 SUBD.

4(a);

P. COMPENSATORY DAMAGES FOR PROPERTY DAMAGE IN

ACCORDANCE WITH MINN. STAT. § 626.74 SUBD. 2 AGAINST CITY

OF MINNEAPOLIS;

Q. PREJUDGMENT INTEREST;

R. COSTS AND DISBURSEMENTS;

S. REASONABLE ATTORNEY FEES IN ACCORDANCE WITH 42 U.S.C.

§ 1988, MINN. STAT. §§ 13.08 SUBD. 1 AND 13.08 SUBD. 4(a); AND

T. ALL OTHER LEGAL AND EQUITABLE RELIEF APPROPRIATE

UNDER THE CIRCUMSTANCES.

PLAINTIFFS DEMAND TRIAL BY JURY.


34

VERIFICATION

Having reviewed the factual allegations, assertions, and averments above,

and, with exception for those statements made on information and belief and those

statements making conclusory statements of law or stating claims for relief,

plaintiff hereby affirms under penalty of law that the above statements, assertions,

and averments are made to the best of plaintiff’s present knowledge.

Date: ___________ ________________________________

Tiffany Crowder

STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Subscribed and affirmed before me this ___ day of ____________, 201_. _________________________ Notary Public


35

Signed in accordance with Fed. R. Civ. P. 11 and Minn. Stat. § 549.211.

Date: 31 December 2011 PETER J. NICKITAS LAW OFFICE, LLC

/s/Peter J. Nickitas

____________________________________________ Peter J. Nickitas, MN Att’y #212313 Attorney for the plaintiff 431 S. 7th St., Suite 2446 P.O. Box 15221 Minneapolis, MN 55415-0221 (651) 238-3445/FAX (952) 546-6666 [email protected]


EXHIBIT 1

CASE 0:11-cv-00646-JNE-TNL Document 26-1 Filed 01/04/12 Page 1 of 20CASE 0:11-cv-00646-JNE-TNL Document 36-1 Filed 03/15/12 Page 1 of 20

Sun and Moon Data for One Day 11/14/11 12:02 AM

U.S. Naval Observatory Astronomical Applications Department

Sun and Moon Data for One Day

The following information is provided for Minneapolis, Hennepin County, Minnesota (longitude W93 .3, latitude N45.0):

Thursday 19 February 2009

SUN Begin civil twilight Sunrise Sun transit Sunset End civil twilight

Moonset Moonrise Moon transit Moonset Moonrise

MOON

Central Standard Time

6:37 a.m. 7:07 a.m.

12:27 p.m. 5:47 p.m. 6:17 p.m.

11:31 a.m. on preceding day 4:10 a.m. 8:16 a.m.

12:24 p.m. 4:52 a.m. on following day

Phase of the Moon on 19 February: waning crescent with 24% of the Moon's visible disk illuminated.

Last quarter Moon on 16 February 2009 at 3:38p.m. Central Standard Time.

Back to form

http://aa.usno.navy.mll/cgi-bin/aa_pap.pl Page 1 of 1


EXHIBIT2


f1AY-04-2009 13:38 HENN CTY RTTORNEY 6123176262

2-1

SEARCH WARRANT

· :-s'f.Jt.TE 0F MINNESOTA, COUNTY OF HI!NNEPIN DISTRICT COURT TO: OP.FICBR DAVID MENTER AND OTHER OFFICERS UNDER HIS CONTROL, (A) PEACE OFFICERS OF THE STATE OF MINNESOTA.

WHEREAS, OFFICER DAVID MENTER has this day on oath, made application to th~JH.id Court applying for issuance ofR search warrant 10 search tho following described premises: J I 02 Queen Ave~ MPLS, and MN plate SMU245. The seller was known as "Toby", described as a black mnle, 28-30YOA, 5'10"·S'll"lall, medium

.. build;-llght complected; sho~ natural afro hairstyle, a moustache, and all occupants therein.

Located in tho City ofMIMeapolis, County of Hennepin STATE OF MINNESOTA for lhe following described property and things: ·

NARC011C DRUGS & CONTROLLED SUBSTANCES, INCLUDING BUT NOT LIMITED TO ECSTASY AND MARIJUANA. ALSO DRUG PARAPHERNALJA, MONEYS & PROPERTY OBTAINED FROM THE ILLEGAL SALES OF THESE CONTROLLED SUBSTANCES, WEIGHING & PACKAGING MATERIALS, PROPERTY BARTERED & TRADED FOR THESE CONTROLLED SUBSTANCES, DRUG NOTES, WRITINGS & MAILINGS TO SHOW CONSTRUCTIVE POSSESSION OF THESE CONTROLLED SUBSTANCES. FIREARMS, AMMUNITrON & OTHER WEAPONS TO PROTECT THE ~ARCO'flCS SALEs OPERATION. RADIO & TELECOMMUNICATION DHVrCES TO FACILITATE NARCOTJCS SALES & PHOTOGRAPHIC & OTHER RECORDS OF DRUG SALES AND/OR USE.

WHEREAS, the application and supporting affidavit of OFFICER DAVID MENTER was/were duly ptescnled and read by the Court, and being fully advised In the premises.

NOW, Tff£REFORB, tbe Court finds that probable cause exists for the issuance of a search warrant upon the fo llowing grounds:

P.05

...

_ 2 • .J:be.pr.opetcy..abo.ve.desuJbed..w..os..uscd.as.me.ar".or.c<lmrnut:lneca-c:r.tnl c~--------------::-----!-1 3. The pos.ession ofthe property above-described con&CIIutes a crime.

· 4. The properly above-described illn tho possosJion of a per3on wllh Intent to usc .9ucb property as a mean' ofcommftCing a crime. S. The property abovo-de.scribed c:onslitutu evidence which tends to show a crime bas been c:omTDitted, or tends to show that a particular person hu committed a crime.

The Coutt further finds that probable cause'existE,\1> believe that the above-described property and things will be at the abovo-de.scribed premises: 3102 Queen Ave~ MPLS, and MN plate SMU24S.

The Court fi.Jrther finds that a daytime search is necess11ry ro proven! the loss, dcstrucllon, or removal of the objects of said search. The Court further finds that tbo entry with announcement of authority or purpose is necessary to prevent the loss, destruction, or removal of the objects of said search and to protect tho safety of the peace officers

.. ···.: .

e.:. " : ·;

NOW, THEREFORE, YOU OFFICER DAVID MENTER AND OTHER OFFICERS UNDER IDS CONTROL @. · TI-lE PEACB OPFJCBR(S) AfORESAID, ARE HEREBY COMMANDED TO ENTER WITH : ·, :· ' ANNOUNCEMENT OF AUT4bQ}UTY AND PURPOSE IN THEDA YTIME TO SEARCH THE DESCRffiED .. ·.:· ,.. ' PREMfSES: 3102 Queen Ave~ MPl.S, nnd MN plato SMU24S, MPLS, MN, FOR ll{J:: ABOVE-DESCRIBED ·· · PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS AND TO RETAIN THEM IN ,. CUSTODY SUBJECT TO COURT ORDER AND ACCORDING TO LAW. ·, .

BY THE COURT:

Dated : February 19, 2009 JUDGE OF Dr STRICT COURT

~) ... . '· . . .. . ; .. 1 ,,

,i ' ~ ~ :·. : ·. f , ., : .... -, I ••: :

-· ~ '·· . " 1 •. , .. : ~ ...

COPIBSTO: COURT • PROS.ATTV • PEACEOFFfCER • PREMISES/PERSON

PINOMAKI32


\

EXHIBIT3


McNN L l Y HI IUt<Nt:. Y 6123176262

Application 1·1 : :, .. ' : :

DISTRICT COURT

COUNTY OF HENNEPIN

OFFICER DAVJD MENTER , being duly sworn upon oath, hereby makes application to this Court for a warrant to search the premises hereinafter described, for the property and things hereinafter described.

Affiant knows the contents of this application and supporting affidavit, and the statements herein are I rue of his/her own knowlcdee, save as to such as are herein slated on infonnotion and belief, and as to those, he/she believes them to be true.

Affiant has good reason to believe, an1l does believe, that the following described property and things, to wit:

NARCOTIC .DRUGS & CONTROLLED SUBSTANCES, INCLUDING BUT NOT LIMITED TO ECSTASY AND MARIJUANA. ALSO DRUG PARAPHERNALIA, MONEYS & PROPERTY OBTAINED FROM mE ILLEGAL SALES OF THESE CONTROLLED SUBSTANCES, WEIGHING & PACKAGlNG MATERIALS, PROPERTY BARTERED &"TRADED FOR THESE CONTROLLED SUBSTANCES, DRUG NOTES, WRITINGS & MAILINGS TO SHOW CONSTRUCTIVE POSSESSION OF TH.ESE CONTROLLED SUBSTANCES. FIREARMS, AMMUNITION & OTIIER WEAPONS TO PROTECTTHI<~ NARCOTICS SALES OPERATION. RADIO & TELECOMMUNICATION DEVICES TO FACILITATE NARCOTICS SALES & ,. , PHOTOGRAPHIC & OTHER RECORDS OF D~LES AND/OR USE. ( ~) .

~~""· i ~,.;) \1:.=-' .~{..·

P.02

Will be at the premises doscribcd as: 3102 Queen Ave , MPLS, and MN plate SMU245. The seller was known as '1 o y , escr e as a ac mae, ''=5'TI'Tall;rneaiiim5mlil:-Jierirn5iiiiilec:rcd:Snorfiiifiiii'iillmn-----::-; hairstyle, and a moustache.

Located In the City of Minneapolis, County of Hennepin, and State of Minnesota.

This affinnt tlpplie5 for issuance of 1\ search warrant upon the following grounds:

2. The property above·descrlbed was used as me21ns of c:ommttllng a crime. J. Tho posseulon offhe property above·ducrlbed constltuter. 8 crime. 4. The property above·de5c:rlbed is in the possenion or a penon with lutent to use such p1·nperty ~sa me11ns of committing 11 crime. S. The property above-described constitutes evidence which tends to shown crime has been committed, or tends to !lfow that a partlc:ular penon bas committed 8 crime.

COPIES TO: COURT PROS.ATIY • J>EACEPFPICER

., ' t

. .. ,. · ~ ...

. ,.. --

PINOMAKI29


(

HCNN CTY ATTORNEY 6123176262

Application 1·2

The facts tending to establish tho foregoing grounds for issuance of a search warrant are as follows:

· . YJ)\lf affiant-~ a Minneapolis Police Officer for tho past sbcteen years and is currently assigned to the Mbtnoapolis Pollee Department 3rd Pet ProbJcan Properties Unit. Your affiant has aHended numerous schools and speclilized training for narcotics investigation. Your affiant bas boon involved in narcotics lnvc.stigations for over twolve yeam and has made several arrests which havo ted to the conviction of drug traffickers and the recovery of Illegal narcotics, monoys, firearms and oth.er contraband. Your affiant has.abo worked in an undercover capacity on soveral narcotics Investigations. Acting In that capacity your affiant gives you Cho foUowing:

I recoivecUnfonnaclon fto"'econfidential rolia~.,.lnformant{CJU regarding tbe sale, storage, and packaaing of marijuana and ecstasy out of 3102 Queen Ave UO, MPLS. The seller was known to the CRI as ''Toby'', described as a black male, 28·30YOA. S'10"·S'l1" tal~ medium build. light complected, sbort natural afro hairstyle, and a moutache.

Wi1hin the past 7l hours. the CPJ was in 3102 Quoen Ave North) MPLS, and witnessed "Toby" make numerous sales ofauspected ccscasy within a U minute period. The CRJ witnoued 4 difl'crcnt people hand "Toby" U.S. currency and in return~ buyons wore given suspected ocstaayftom "Toby". After'--roby'' received the U.S. currency from tho buyers he In return gave thom either blue or green tablets, suspected to be ecstasy. The CRI said that there was conversatlcm belwOCD '7oby" and the buycra about tho quality of the ''thi8$les" or "skittles', the different types of effects It had on them, how long they lasted, and how ~n~ny to take at one time. These are common convmatcons betWeen sellers and usors of ecstasy. Tho street terms "lhlssle" and '•skittles" are common street terms referring lo ecstasy. The Clll also wkneascd at least one of the buyers to Ingest a cablet of suspected ecstasy. ·

Durlna tho period o(time that the CRJ witnessed "Toby" make tho sales of supecced ecstasy, the CR.J witnessed another black malo, sell or #12, make several sales of suspected marijuana to vartous people. Tho ClU witnessed the

tho packaaccl in a plastic bags, ofvarlous also stolen car 3tcreO to seller fl2 for a quantity ofmarUuana.

Tho CRJ described seDer #12 as a black malo, lS·lO VOA, 6'00"·6'02'' tall. short natural afro hairs1yle, mediwn complecled, and a heavy build.

This ClU has boat used by your affiant and other members Otlho Minneapolis Polico Department and other Jaw enforcement aaencfes for over 5 ycl!l'l. Your affiant has used this ClU for over 100 concrol buys related 10 acarch warrants, 50-60 times for Information leading to search warranu, and over 30-40 times for Information related to ether types of cuo investigations. Your Affiant has used this CRies r~tly as last week for info rOtation leading to successfial arrests and Jnvesdgatfou. The Information provided by this ClU has pro~m to be accurate and truthfuL Tho tnformadon.provided by fbls CRJ has led to the recovery ofnareotlcs, controllod substances~ weapons, ccmtraband, and other rolated ovldanco Involved with lllell\1 activity and ~rimes. Information provided by thia CRI has led to coDYictlons m stato courts fer narcotics and weapons related crimes numerous tlmos. This CRt Is particularly familiar with ecstasy and marijuana.

Wltbln tho past 7l bounnbe CRI witnessed '1'oby" transporting approximately 200 tablets of suspecred ecstasy and marUuana In MN P,late SMU24S. The CRt witnessed WJ"oby" place tho suspected ecstas)' and marijuana In a duffel bag and placed the duffel bag in the trunk of MN plate SMU24S. "Toby" then drives MN plate SMU245 around the city of Minneapolis to seiVdeliver the ecstasy and marijuana. Tho CRl described MN plate SMU24S as a 2002·2003 black Chevrolet Monte Carlo.

Wblfe condudfaa surveDJance I witnessed a mate matching tile descrlpUon of "Toby" comins and going fi'om tho front door of till' slnglo family llomo. I witnessed "Toby" driving MN plata SMU24S. I waCc:hed several people enter the" above location and then como back out S·lO minutes later, with some of the people coming bade wlthln 30 minutes and going lhroagh the same routine. ·

C9PIES TO: COURT • PROS.AITY • PBACS O.PPICBR

PINOMAKI30

P.03


f'flY-04-2009 13: 38 HENN CTY ATTORNEY 6123176262

Application l-3

An unannounced entl)• is necessary (to prevent the loss, destruction, or removal of objects of the search and to protect the safety of the peace officers) because: N/ A

...... : "*.n_i~~·tt·i~e ~~r~~ ~~ ."~~~'.'"Y to prevent the loss. destruction or rcmovnl of the objects of the search because: N/ A

WHEREFORE, Affiant requests a search warrant be issued, commanding OFFICER DAVID MENTER AND OTIIER OFFICERS UND~R HIS CONTROL. (a) peace officer(s), of the Stale of Minnesota, to enter with announcement of authority or purpose in the daytime to search the herein before described premise~ for the described property and things and to .!eizo said property nnd things nnd keep snid properly and thing$ In custody until the same be dealt with acco1ding to law.

Affiant

Subscribed and swom to before me this

l)A'!:HK:; .':. i .. . -:r : . .. ~:S J'< l d~;;;:' nf ! ~;:: r ·:::'". ·· : :..;.ri

P.04

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.. : .. ~ ·: .. • •• • J . ' :· ;·c.f .· .•

".•"'- '-:·.:J -· -. .....

. ·' : ;.-; ·:

COJ:>JES TO: COURT • PROS.A TTY PEACE.OFPICER

PINOMAKI31


HENN CTY ATTORNEY 6123176252 P.05 U'1 v "I i' /'I ~- ·. 1 q4 I

7' RVL-~T$ ~-Ll .. '--N- (':='----r-1----------......

~en a rtcelpt fi>r the propcr1y and jhlng~ li ~tcd with the W'Jtl'llnt nl set forth a hove.

0 None of the items ~et for1b In tbi5 search warTlUll were fuund.

I sh~ll 0 reiRin or 0 deliver custody of SDid proputy 115 directed by Court Order.

I, ~~0 lj.A~firstduly sworn ononth,dcpo csandsay~lhatheor1hcha~r~d the forecoia& Recclpt, ln~ yand Relum a~~cl the 111ancrs arc uc J comet e.~ . . t. u to _ .. _tiers :slated therein or int'om!lllion and belief, end as to those. he or she bcli cs the n to be e. ....._,

Subscribed ;1nd swom to before me thl1 L _Qa.._dayof mauh . 2oQ9_. - . ~

<6~"Lv.knvw . NollW)' l'ublil: Si&naturt

C11unry

My Connninlon r;;,:;.r;;s--·- -Copy Dlstrib\1tion: While: ('.(lurt Yellow: Prosecuting Att.orney rink Pc~ce Ortkcr Goldrnrod: Premlses/Pe.uon

. ·'

.·

PINOMAKI33


EXHIBIT4


'• . .......... ··· ........

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....... .. ~-·.

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. .. ....... ttpi •. a:otfnH. ~ton rof1~~·tn laox 1 are the

ICBII of thoSe wages._ ·an JC1W l~t pay ltatsent~,.plus a.r acldtttoli&t CCIIIpeftMttOD 01' ~118-.nts-recefvecl aner the

p&Jro11 clo1e.

Your gross pay ay not match ·Your llox 1 totals thre to &WUustments llllde- fOr .m. 401(k). cafeteria plans, etc •••

To cliqe 'your ~loyee 11-4 proffle fn,...tton, . ft1e a new 11-4 ifftb ,_- pqroll ~t.

TIFFANY CROWDER 3914 COLFAX AVE N MINNEAPOLIS, MN &5412

adZIPoocllt

ECUMEN asso LEXINGTON AVE N SHOREVIEW, MN 55128

PAGE 01 OP 01

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TIPPAHY' L . CROWDBR 391' COLFAX AVB N MINNEAPOLIS, MN 55,12


EXHIBITS


PETER J. NICKITAS LAW OFFICE, L.L.C. 431 S. 7TH STREET, SUITE 2446

P.O. Box 15221 MINNEAPOLIS, MINNESOTA 55415-0221 TEL. 651.238.3445 · FAX 952.546.6666

EMUUL:[email protected],[email protected] LICENSED IN MINNESOTA AND WISCONSIN

GRAPHIC LABOR PROVIDED IN-HOUSE

Data Practices Act Responsible Authority City of Minneapolis C/0 City Clerk, Room 304, City Hall 350 S. Fifth St. Minneapolis, Minnesota 55415

Data Practices Act Designee City of Minneapolis, Police Department 21 0 City Hall Minneapolis, Minnesota 55415

Re: Data Practices Act request of Ms. Tiffany Crowder

Dear Sir or Madam:

22 March 2010

I represent ~der in matters arising from an incident involving herself and her minor daughter,-' at 3102 N. Queen Avenue, Minneapolis, Minnesota 55411, on 19 February 2009. The case number is CCN MP 09 49142. Please find accompanying this letter a copy of Ms. Crowder's authorization.

M~ests access to all data of and concerning herself and her minor daughter, - in the possession or control of the City of Minneapolis and/or the Minneapolis Police Department. Specifically, and without limitation, Ms. Crowder requests access to all public data of and concerning CCN MP 09 49142 and all private data concerning herself and her minor daughter concerning CCN MP 09 49142. In addition, Ms. Crowder requests true copies of (a) any warrant relating to the forced entry of Ms. Crowder's dwelling at 3102 N. Queen Avenue, Minneapolis, MN 55411, on 19 February 2009, (b) any affidavit in support of said warrant, (c) all audio recordings including MECC calls related to CCN MP 09 49142, (d) all video recordings of law enforcement officers relating to CCN MP 09 49142, (e) audio recording of Officer Mentor in connection with CCN MP 09 49142, (f) all communications between Officer Mentor and Ms. Christine Clayson of and concerning Ms. Crowder.

In addition, please state whether Ms. Crowder or her daughter Timija are the subjects of confidential data in the possession or control of the City of Minneapolis. If they are, please indicate the nature of said data and lawful bases for the classification of said data. Ms. Crowder will pay all lawful costs of access to said data. Please inform me whether the cost of copying the above data will exceed $25.00. If you have any questions, please feel free to contact me.

Enclosures cc: Ms. Tiffany Crowder

Very truly yours,

Is/ (§JfJe~J. ~/tao Peter J. Nickitas


EXHIBIT6


Minneapolis City of Lakes

Office of the City Attorney Susan L Segal Ci1yAnomey

350 South 5th Street- Room 210 Minneapolis MN 55415

Office 612 673-2010 Civil Division Fax 612 673-3362

Criminal Division Fax 612 673-2189 CPEO FAX 612 673-5112

TIY 612 673-2157

Peter J. Nickitas, Esq. 431 S. 7th Street Suite2446 P. 0. Box 15221 Minneapolis, MN 55415-0221

August 19, 2011

Re: Tiffany Crowder, individually and as guardian ofT. C. and T.C., nzinor child, v. David Mentor, unknown officers 1-10, City of Minneapolis, and Minneapolis Public Housing AutlzorihJ Court File No. 11-CV-646

Dear Mr. Nickitas:

I enclose a digital copy of the interview Officer David Menter conducted of Ms. Crowder on February 19, 2009. It had previously been classified as Criminal investigative Data under Minn. Stat. 13.82, subd. 7 and therefore not provided during an earlier Data Practices Act request.

Enclosure

cc:: Kenneth Van Parsons

c& www.ci.minneapolis.mn.us

Affumative Action Employer

Yo~v~ , e:;t. ~AR( J. ~tant City Attorney (612) 673-2072


EXHIBIT7


PETER J. NICKITAS LAW OFFICE, L.LC. PETERJ. NICKITAS

431 S. 7nr STREET, SUITE 2446 P.O. Box JS221

MINNEAPOLIS, MINNESOTA SS4JS.0221 TEL. 6S 1.238.3445 • FAX 9S2.S46.6666

EMAIL: r£T£RJN!CKITASLAWLLC@GMAIL. co.v .. P::':'ERN5@Ao:.. co~

LICENSED lN MINNESOTA AND WISCONSIN GRAPHIC lABoR PROVIDED IN-HOUSE

Data Practices Act Responsible Authority Minneapolis Public Housing Authority (MPHA) 1001 Washington Avenue N. Minneapolis, MN 55401-1043 (612) 342-1400/FAX (612) 335-4427 www.mphaonline.org

Re: Data Practices Act request of Ms. Tiffany Crowder

Dear Sir or Madam:

19 November 2010

I represent Ms. Tiffany Crowder in matters arising from an incident involving herself and her minor daughter, Timija Callender, at 3102 N. Queen Avenue, Minneapolis, Minnesota 55411, on 19 February 2009. The case number is CCN MP 09 49142. These matters include the tennination of Ms. Crowder's Section 8 Housing Assistance Program (HAP) benefits by the Minneapolis Public Housing Authority on or about 14 May 2009. Please find accompanying this letter a copy of Ms. Crowder's authorization.

Ms. Crowder requests access to all public and private data of and concerning herself and her minor daughter, Timija Callender, in the possession or control of the Minneapolis Public Housing Authority. Ms. Crowder requests access to (a) all tangible data of and concerning Ms. Crowder in the possession or control of MPHA; (b) all data reflecting communications by Minneapolis Police Officer David Menter concerning Ms. Crowder; (c) transcripts of all HAP tennination hearings; (d) all exhibits entered into evidence at Ms. Crowder's HAP tennination hearing; and (e) all communications between Officer Mentor and Ms. Christine Clayson, or any other employee of MPHA of and concerning Ms. Crowder Specifically, and without limitation, Ms. Crowder requests access to all public data of and concerning CCN MP 09 49142 and all private data concerning herself and her minor daughter concerning CCN MP 09 49142. In addition, Ms. Crowder requests true copies of (a) any warrant relating to the forced entry of Ms. Crowder's dwelling at 3102 N. Queen Avenue, Minneapolis, MN 55411, on 19 February 2009, (b) any affidavit in support of said warrant, (c) all audio recordings including MECC calls related to CCN MP 09 49142, (d) all video recordings of law enforcement officers relating to CCN MP 09 49142, (e) audio recording of Officer Mentor in connection with CCN MP 09 49142,


Letter to Minneapolis Public Housing Authority re: Tiffany Crowder 19 November 2010 Page2

In addition, please state whether Ms. Crowder or her daughter Timija are the subjects of confidential data in the possession or control of the Minneapolis Public Housing Authority. If they are, please indicate the nature of said data and lawful bases for the classification of said data. Ms. Crowder will pay all lawful costs of access to said data. Please inform me whether the cost of copying the above data will exceed $25.00. If you have any questions, please feel free to contact me.

Enclosures cc: Ms. Tiffany Crowder

Very truly yours, lsi f)>,;...,.,: .}1/J""-1

Peter J. Nickitas


DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE

I TRANSMISSION VERIFICATION REPORT I

11/19 88:83 6123354427 88:81:84 84 OK STANDARD ECM

PITERJ.NtetarASLAWOmCE,L.L.C. PBTER J. NJCKITAS

ATTORNEVATLAW 431 s. 7TJf Snu2r. SUITE 2446

P.O. BOX "UJ MJNNEAPOUS, Ml'NNEsoTA .55'41 S-0221 TEL. 651.238J~-FAX 952.~.6666

TIME : 11/19/2818 88:84 NAME : PETERJNICKITASLAWOFF FAX : 9525466666 TEL : 9525462468 SER. tt : 888M6J438322

tMAD .. : PmiUNtCKJTASLAWLLC@OMAJLCOM, 1'£1'£1\~~@AOL. CQM t.tCP.NSE!D 1M MIMM!SOTAAND WISCONSIN

ORAPHIC LABoR PRoviDED IN-House

FACSIMILE TRANSMISSION

This facsimile transmission is intended only for the addressee shown below. It may contain mtormation tbat is privileged, coDflcfential, or otherwise protected from disclosure. Any review, dissemination, or use of this tnmsmiaon or its contents by pcrsoas other tba the addressee is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone and mail the original to the firm at the ad~ shove.

Date: 19 November 2010 Pages:)' 4 ~, .Ke: Tiffany <.:rowder

PLEASE DELIVER TO:

ADDRESSEE FIRM I FAXNUMBER MiDneapolisPublic Housing Authoriey ReSponsible Authority (612) 335-4421

I .

I


1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

FOURTH DIVISION __________________________________________________________________ TIFFANY CROWDER, Civil Action No. 11 CV 646 JNE/TNL In her individual capacity And her capacity as natural Mother and legal guardian of T. C., And T. C., a minor child, Plaintiffs, vs. DAVID MENTER, Badge #04721, in her individual capacity and his official capacity acting under color of law as a Minneapolis police officer, DANIEL LOE, Badge #04218, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, JAMES LYNCH, Badge #04307, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, DAVID PLEOGER, Badge #05753, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, TODD SAUVAGEAU, Badge #06309, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force,


2

GENE SUKER, Badge #07004, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, LAWRENCE LOONSFOOT, Badge #04234, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, DAVID GARMAN, Badge #2216 in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, MIKE NIMLOS, Badge #05138 in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, LUCAS PETERSON, Badge #97389, in his individual capacity and his official capacity, acting under color of law as a Minneapolis police officer and/or officer of the Metropolitan Gang Strike Force, CITY OF MINNEAPOLIS, a government entity and political subdivision of the state of Minnesota, and MINNEAPOLIS PUBLIC HOUSING AUTHORITY, a government entity and political subdivision of the state of Minnesota, Defendants.

PLAINTIFFS’ FIRST AMENDED SUMMONS –

TRIAL BY JURY DEMANDED


3

TO THE ABOVE-NAMED DEFENDANTS, PLEASE TAKE NOTE:

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFFS’ ATTORNEY, Peter J. Nickitas, PETER J. NICKITAS LAW OFFICE, LLC, 431 S. 7TH St., Suite 2446, P.O. Box 15221, Minneapolis, Minnesota 55415-0221, Tel. 651.238.3445/FAX 1.888.389.7890, [email protected], [email protected], an answer to the complaint which is herewith served upon you, within twenty (21) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service. CLERK DATE (By) DEPUTY CLERK


Documents

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF …stmedia.startribune.com/documents/Crowder.pdfdefendant David Menter in his individual capacity acting under color of law for violation