Ruling of US District Judge in Minnesota:
https://storage.courtlistener.com/recap/gov.uscourts.mnd.229758/gov.uscourts.mnd.229758.85.0_1.pdf
[....snip....]
Definitely worth a read. I found it not surprising at all that DHS did not even enter into evidence any statements or testimony from any agents that were even present. Gee, I wonder why? They so authoritatively state they are being attacked by violent protesters but yet can't show the receipts in court. Where have we seen this tactic before?
Thank you. The circumstances leading to
Tincher v Noem et al. were
reported in mid-December. One of the five individuals named as defendants (in addition to DHS and other "Unidentified Federal Agencies") was David Easterwood, Acting Field Office Director, ERO, ICE Saint Paul Field Office. Easterwood is named throughout the document because he took the lead in defending ICE against the plaintiffs' allegations. The court's ruling ran to 83 pages; I will now attempt to summarize the court's view of the evidence.
The court gave "substantial weight" to the plaintiffs' declarations, because those declarations were sworn under penalty of perjury, "based largely on their personal experience and knowledge", and often backed up by sworn statements from other eyewitnesses or video evidence. (See page 38 and following.)
"By contrast, Defendants did not provide sworn declarations from immigration officers (or others) who witnessed or were themselves directly involved in the conduct challenged by Plaintiffs. Rather, in opposing Plaintiffs’ evidentiary showing, Defendants elected to rely primarily on the declaration of Defendant David Easterwood." Easterwood was not present and did not witness any of the relevant ICE activities. Easterwood's testimony was based entirely upon secondhand hearsay accounts provided by other federal agents. It seems none of those accounts were made under penalty of perjury, and the agents providing those accounts were apparently not even identified.
The court concluded that Easterwood's opposing statements concerning "the events leading up to the arrests of Tincher and Noor" and the incident in which plaintiff Crenshaw was sprayed were at least partially "counter-factual", leading the court to conclude "that Easterwood’s accounts of what occurred with respect to Plaintiffs Tincher, Noor, and Crenshaw are entitled to considerably less weight than Plaintiffs’ declarations." Similarly for other incidents.
I should emphasize that the court is not suggesting Easterwood lied to the court. The court does, however, appear to be suggesting some of Easterwood's statements may have been based in part upon lies told to Easterwood by some of the federal agents he supervises.
On page 56 and following,
- "...the Court finds Ms. Tincher has a likelihood of success on showing causation on her First Amendment retaliation claim."
- "The Court finds that Mr. Noor is likely to succeed on the merits of his claim that he was arrested in retaliation for engaging in protected First Amendment activity."
- "Taken together, the evidence sufficiently supports that Mr. Crenshaw has a fair chance of prevailing on his First Amendment retaliation claim."
On page 64: "Having found a likelihood of success on the First Amendment claims of Plaintiffs Tincher, Noor, and Crenshaw, the Court focuses on whether Plaintiffs have a fair chance of showing that Plaintiffs Biestman, Lee, and Webb were subjected to unreasonable seizures in violation of the Fourth Amendment. The Court finds that they do."
For each of those conclusions, the court explains why it found the defendants' (primarily Easterwood's) contrary statements and arguments to be unpersuasive.