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CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 1 of 35UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MINNESOTAFOURTH DIVISION__________________________________________________________________TIFFANY CROWDER,Civil Action No. 11 CV 646 JNE/TNLIn her individual capacityAnd her capacity as naturalMother and legal guardian ofT. C.,AndT. C., a minor child,vs.Plaintiffs,DAVID MENTER, Badge #04721,in her individual capacityand his official capacity actingunder color of law as aMinneapolis police officer,DANIEL LOE, Badge #04218,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,JAMES LYNCH, Badge #04307,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,DAVID PLEOGER, Badge #05753,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,TODD SAUVAGEAU, Badge #06309,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,1

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 2 of 35GENE SUKER, Badge #07004,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,LAWRENCE LOONSFOOT, Badge #04234,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,DAVID GARMAN, Badge #2216in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,MIKE NIMLOS, Badge #05138in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,LUCAS PETERSON, Badge #97389,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,CITY OF MINNEAPOLIS,a government entity and political subdivision of the state of Minnesota,andMINNEAPOLIS PUBLIC HOUSING AUTHORITY,a government entity and political subdivision of the state of Minnesota,Defendants.PLAINTIFFS’ FIRSTAMENDED COMPLAINT –TRIAL BY JURY DEMANDED2

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 3 of 35INTRODUCTIONPlaintiffs Tiffany Crowder and minor child T. C. sue defendants DavidMenter, Daniel Loe, James Lynch, David Pleoger, Todd Sauvageau, Gene Suker,Lawrence Loonsfoot, David Garman, Mike Nimlos, and Lucas Peterson in theirindividual capacities acting under color of law as a Minneapolis Police Officersand the City of Minneapolis, jointly and severally, for violations of their clearlyestablished rights under the Fourth and Fourteenth Amendments to the UnitedStates Constitution to be free from unlawful search of their dwelling in excess ofthe 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.’sclearly established Fourth and Fourteenth Amendment right to be free frominfliction of excessive, unreasonable force, specifically, for permanent facial scarsand injuries above T.C.’s right eye resulting from the violent opening of the frontdoor of her house by the individual defendants, most specifically defendants Sukerand Lynch. The facial injuries to T.C. require hospitalization at North Memorialthe night of the search, as well as stitches.Plaintiff Tiffany Crowder sues the individual defendants and the City ofMinneapolis, jointly and severally, for violations of her clearly established rightunder the Fourth and Fourteenth Amendment to the United States Constitution tobe free from false arrest and false imprisonment for two (2) days, without charges3

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 4 of 35being brought, without complaint against her, without indictment, withoutprosecution, and without judicial finding of probable cause.Tiffany Crowder sues the individual defendants, jointly and severally, fortheir actions under color of law in violation of her clearly established rights underthe Fourth and Fourteenth Amendment to be free from unreasonable seizure of herpersonal property without lawful authority, without authority under a searchwarrant, without plaintiff’s consent, and without any other exception under thelaw.Tiffany Crowder sues defendant David Menter in his individual capacityacting under color of law for violation of her clearly established First, Fifth, andFourteenth Amendment right to be free from coercion and unlawful deprivation ofher parental rights unto her minor child, T.C. T.C. and Tiffany Crowder suedefendant David Menter in his individual capacity acting under color of law forviolation of her clearly established First and Fourteenth Amendment right ofassociation with her mother.Plaintiffs additionally sue the individual defendants and the City ofMinneapolis, jointly and severally, for violations of their clearly established rightsunder the common law of Minnesota to be free from trespass, unlawful search,invasion of privacy, conversion, and battery. Plaintiffs sue the City ofMinneapolis pursuant to Minn. Stat. § 626.74 for bodily injuries inflicted upon T.C., property damage to the dwelling itself, and damage to chattels resultingdirectly from the execution of the search warrant and violent entry into their4

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 5 of 35dwelling by the above-named individual defendants, in excess of the authoritygranted under the search warrant. Plaintiff Tiffany Crowder sues the individualdefendants and the City of Minneapolis, jointly and severally, for violations of herclearly established right under the common law of Minnesota to be free from falsearrest and false imprisonment for two (2) days, without charges being brought,without complaint against her, without indictment, without prosecution, andwithout 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 whichMinneapolis 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 inaccuratedata, 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’sSection 8 housing assistance program (HAP) voucher. Ms. Crowder sues the Cityof Minneapolis pursuant to Minn. Stat. §§ 13.04 subd. 4, 13.05 subd. 5(a), and13.08 subd. 2 for declaratory and equitable relief for violation of her right to be thesubject 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 shalldetermine, and exemplary damages up to $15,000, or a sum that the jury shall5

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 6 of 35determine, as a direct result of the harm she suffers from Minneapolis’scommunication of false, inaccurate data concerning her to the Minneapolis PublicHousing Authority.Ms. Crowder sues Minneapolis Public Housing Authority (MPHA) forviolation of her rights under the Fair Housing Act as Amended (FHAA) to be freefrom racial discrimination on account of her association with an African-Americanmale who is not a co-tenant of hers. Ms. Crowder sues MPHA for violation of herclearly established rights under the FHAA to be free from coercion, viz., theunfounded counterclaim of MPHA made in conscious, willful, or recklessdisregard 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 andconcerning herself that MPHA collects, uses, and disseminates, where such datainflict 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 productionof public and private data of and concerning herself and her minor children thatMPHA has refused to provide to her on a timely basis, without lawful authority forsaid delay, notwithstanding Ms. Crowder’s lawful request for access to data. Therefusal of MPHA to comply with the MGDPA is a contributing factor to its beingsued by Ms. Crowder in this present action. Restated, MPHA’s disrespect anddisregard of Ms. Crowder make Ms. Crowder’s lawsuit against MPHA necessary.6

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 7 of 35Plaintiffs demand trial by jury on all claims triable to the jury.JURISDICTION1. Plaintiffs state claims for violation of clearly established rights under theFourth, First, Fifth, and Fourteenth Amendments to the United States Constitution.2. 42 U.S.C. § 1983 provides a remedy for violation of these clearly establishedconstitutional 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.VENUE7. 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 inMinneapolis, Hennepin County, state of Minnesota.9. Plaintiffs properly lay venue in this court in accordance with 28 U.S.C. § 1291and LR D. Minn. 83.11.PARTIES10. Tiffany Crowder (plaintiff, Crowder, Ms. Crowder) is an adult African-American woman.7

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 8 of 3511. On the date of the principal event giving rise to this lawsuit, Ms. Crowder livesat 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 becomehomeless for periods of time between 1 November 2009 and the present. Betweenthe events of 19 February 2009 and the present, plaintiffs dwell at 3914 ColfaxAve. N., Minneapolis, MN 55412, 3313 Lyndale Ave. N., Minneapolis, MN55412, 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. TiffanyCrowder.18. David Menter (Menter, defendant) is an adult individual.19. At all times relevant to this lawsuit, Menter acts under color of law as aMinneapolis police officer.20. Menter is a regularly assigned officer of the Third Precinct, MinneapolisPolice Department, and, on information and belief after reasonable inquiry, is amember of the Metropolitan Gang Strike Force at the time of the principal eventon 19 February 2009 giving rise to this lawsuit.8

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 9 of 3521. Defendants David Loe, James Lynch, David Pleoger, Todd Sauvageau, GeneSuker, Lawrence Loonsfoot, David Garman, Mike Nimlos, and Lucas Peterson areadult individuals.22. At all times relevant to this cause of action, all individual defendants named inparagraphs 20 – 21 are Minneapolis police officers.23. At all times relevant to this cause of action, all the above-named individualdefendants act under color of law as Minneapolis police officers.24. Plaintiffs sue all above-named individual defendants in their individual andofficial capacities.25. Defendant City of Minneapolis (Minneapolis) is a political subdivision underMinn. Stat. § 13.02 subd. 11 and the county seat of Hennepin County, state ofMinnesota, Fourth Division of the Judicial District of Minnesota.26. Defendant Minneapolis Public Housing Authority (MPHA) is a politicalsubdivision of the state of Minnesota per Minn. Stat. § 13.02 subd. 11.THE FACTS27. 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, DavidGarman, Mike Nimlos, and Lucas Peterson enter Ms. Crowder’s and T.C.’sresidence at or near 7:00 p.m.28. Officers David Menter, David Loe, James Lynch, David Pleoger, ToddSauvageau, Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, and9

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 10 of 35Lucas Peterson assert that they are in search of an African-American male andpurported 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 searchof plaintiffs’ dwelling.34. Plaintiffs attach and incorporate as Exhibit 1 the U.S. Naval ObservatoryAstronomical Applications Department’s “Sun and Moon for One Day” for 19February 2009 in Minneapolis, Minnesota, at http://aa.usno.navy.mil/cgibin/aa_pap.plas Exhibit 1.35. The above-named individual defendants enter plaintiffs’ dwelling pursuant to asearch 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 otherproperty 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.10

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 11 of 3541. 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 purposebefore 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 12year-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 attendto 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. toNorth Memorial Hospital on the evening of 19 February 2009 for treatment thatincludes stitches.56. Ms. Crowder has photographs of T. C.’s injuries.11

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 12 of 3557. After the defendant officers’ entry into the dwelling, Officer Menter contactsMs. 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’scustody, Ms. Crowder and T.C. are not free to come or go on account of thedefendant officers’ execution of the search warrant and Officer Menter’s demandthat she remain in place.67. Officer Menter makes an audio recording of his face-to-face communicationswith Ms. Crowder.68. On imminent fear of losing her daughter and all her minor children (two) onaccount of Officer Menter’s spoken threats, and, not being at liberty to leaveMenter’s presence on account of Menter’s actions, Ms. Crowder agrees undercoercion to all statements by Menter, regardless of the veracity of OfficerMenter’s statements.12

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 13 of 3569. Prior to his recorded interrogation of Ms. Crowder, Officer Menter requiresher 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, onpain of losing custody of her children.71. Officer Menter fails to advise Ms. Crowder of any rights, or right to have anattorney present, at any time, before commencement of the recorded interview.72. The recorded portion of the in-custody interrogation includes a recitation byOfficer Menter of Ms. Crowder’s rights to silence and the assistance of anattorney.73. Officers David Menter, David Loe, James Lynch, David Pleoger, ToddSauvageau, Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, andLucas Peterson claim to be searching for a male named “Toby.”74. Officer Menter directly states to Ms. Crowder that if Ms. Crowder does notcooperate in getting “Toby” to be an informant for the police, Menter would takeaction 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 thetime of the execution of the search warrant.77. Officer Menter has actual knowledge of Mr. Clarke’s residence in SouthMinneapolis, before his interrogation of Ms. Crowder.13

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 14 of 3578. Defendant officers rough up, physically manhandle, and curse Ms. Crowder infront of her daughter, using the words “fuck” and “bitch”.79. Those defendant individual officer who do not physically manhandle or curseMs. 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’srequest for access to data under the MGDPA.82. The inventory sheet is signed by Officer Menter, and notarized on 2 March2009.83. The individual defendants’ search and entry results in a broken door, brokenlatch, 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 injewelry, including a bracelet and two pinkie rings from Ms. Crowder’s residence.84. The individual officers, jointly and severally, seize and transport Ms. Crowderto 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 19February 2009.88. She is charged with nothing.14

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 15 of 3589. Neither Menter, nor any other individual defendant, nor the City ofMinneapolis, nor Hennepin County bring any action to take Ms. Crowder’s minorchildren from her home.90. On or about 26 January 2009, Ms. Crowder commences work as a nursingassistant 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 fromPrairie Lodge.93. Ms. Crowder leaves the private pay PCA position to gain additional hours atPrairie Lodge.94. Plaintiff attaches and incorporates as Exhibit 4 a true copy of her W-2 fromPrairie Lodge, Minnetonka.95. Ms. Crowder discloses her employment to MPHA and Metropolitan PublicHousing Authority officials before 19 February 2009.96. Ms. Crowder makes said disclosure before receipt of her § 8 housing voucherfor 3102 Queen Ave. N., Minneapolis, Minnesota 55412.97. While Ms. Crowder and her family move into 3102 N. Queen Avenue in late2008, MPHA fails to begin § 8 subsidy payments to her landlords, the Pfarrs, untiltwo months after the start of her tenancy, because of the landlords’ failing MPHAinspections.15

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 16 of 3598. As the direct result of her jailing without charges or probable cause, Crowderloses 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 benefitof a § 8 Housing Assistant Program (HAP) contract.102. She pays $341 per month in rent by the benefit of the HAP contract at thetime of the incident.103. Ms. Crowder voluntarily discloses the 19 February 2009 incident to herlandlord, Mr. Daniel Pfarr.104. Mr. Pharr takes no action to evict Ms. Crowder or her children.105. On or about the 5 th of May, 2009, Ms. Crowder receives a writtencommunication from the Minneapolis Public Housing Authority (MPHA) to cometo the MPHA for an appointment on or about 14 May 2009.106. Ms. Crowder receives no other written data from MPHA before 14 May2009, 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.16

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 17 of 35110. At the appointment, the MPHA employee provides a “calls for service” reportfrom 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 policereport, 9 pages long, from MP 09 049142.112. Ms. Clayson informs Ms. Clayson that the police found male clothing at herapartment.113. Ms. Clayson asks for an explanation.114. Ms. Crowder explains that the police found male clothing in luggage becauseshe and Toby had attended the NBA All-Star game in Phoenix, that they hadreturned two days before the raid, that they had not unpacked, and that Toby didnot 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 willtake place.117. On 1 June 2009, Ms. Crowder and her minor children move to 3914 ColfaxAve. 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 herthat her § 8 benefits will end “due to alleged serious violations of the programobligations and requirements by you or by members of the family household.”17

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 18 of 35120. The 29 July 2009 letter informs Ms. Crowder she must request a hearing by12 July 2009.121. The 29 July 2009 letter identifies three (3) pieces of information on which thedenial of benefits is based: (a) unspecified letters sent to Ms. Crowder by herlandlord; (b) “police recap and police reports showing the high risk warrant entryand 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 MPHAinforming 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 MinneapolisUrban League, on or about 3 September 2009 for an “informal” § 8 terminationhearing, 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 hisresidence in South Minneapolis – not with Ms. Crowder.128. She demands to see evidence allegedly seized in the police search of herhouse, 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 ofMr. Clarke’s residence elsewhere.18

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 19 of 35131. 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 inits 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 jailingthat resulted in no charges,135. Ms. Crowder loses her Section 8 housing status as a direct result of the raidthat was not supported by search warrant or arrest warrant, and which resulted inthe discovery of no controlled substances.136. MPHA refuses to inform Ms. Crowder of any post-hearing rights, includingthe 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 ofthe loss of Section 8 support.138. Ms. Crowder spends four months out of work until she finds new work to jobas a nursing assistant.139. As a result of the loss of Section 8 housing, Ms. Crowder has had no stablework that provides for her family’s needs, including day care to enable her to worklonger hours.140. As a result of the loss of Section 8 housing, Ms. Crowder goes back on MFIPto make ends meet.19

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 20 of 35141. Ms. Crowder lived at 3313 Lyndale Ave. N., Minneapolis, MN 55411, afterbeing 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 whileliving at 3313 N. Lyndale.144. Ms. Crowder lost her tenancy at 3313 Lyndale Ave. N. because of aninability to pay rent after an automobile accident in May 2011 left her without anautomobile 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 andraid, Ms. Crowder did not require MFIP because she was working, although shereceived health care from the state for her children and herself.147. Prior to the termination of § 8 without cause, resulting from the unreasonableseizure and raid, Ms. Crowder earned enough from her job to be just short ofaffording health insurance for herself and her children through her employer.148. But for the wrongful deprivation of § 8 benefits that results from theunreasonable seizure and raid of 19 February 2009, Ms. Crowder would have beentotally self-sufficient.149. Ms. Crowder makes requests for access to all data of and concerning herselfto the City of Minneapolis concerning the 19 February 2009 warrant execution.150. Ms. Crowder attaches and incorporates her request for access as Exhibit 520

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 21 of 35151. Minneapolis failed to provide timely the audio recording that Officer Mentermade of his coerced interview with Ms. Crowder.152. On or about 19 August 2011, more than one year after the 10 business daydeadline for producing the audio recording elapsed, and after Ms. Crowder hadinitiated this lawsuit, Minneapolis produced the audio recording.153. Ms. Crowder attaches and incorporates the cover letter of the City ofMinneapolis dated 9 September 2011 as Exhibit 6.154. Ms. Crowder makes request for access to all data of and concerning herself tothe MPHA, on or about 19 November 2010.155. Ms. Crowder attaches and incorporates this request for access to data asExhibit 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, psychologicalharm, and, in the case of T. C., bodily injuries.CLAIM I: FOURTH AND FOURTEENTH AMENDMENT TO THEUNITED STATES CONSTITUTION, PROTECTED THROUGH 42 U.S.C. §1983.158. Ms. Crowder realleges and reasserts each and every claim and avermentabove.159. David Menter, David Loe, James Lynch, David Pleoger, Todd Sauvageau,Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, and Lucas21

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 22 of 35Peterson, 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, inviolation of Ms. Crowder’s clearly established right to be free from unreasonablesearches 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 THEUNITED STATES CONSTITUTION, PROTECTED THROUGH 42 U.S.C. §1983.161. Ms. Crowder realleges and reasserts each and every claim and avermentabove.162. James Lynch and Gene Suker in their individual capacity acting under colorof law, enter T. C.’s dwelling in excess of the scope of the authority of the searchwarrant, without consent, without exigent circumstances, without warning, andwithout any other lawful authority, after prescribed daylight hours, and past T. C’shour of repose, causing physical injuries to T. C., in violation of T.C.’s clearlyestablished right to be free from infliction of excessive, unreasonable force in thecourse 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.22

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 23 of 35CLAIM III: FOURTH AND FOURTEENTH AMENDMENT TO THEUNITED STATES CONSTITUTION, PROTECTED THROUGH 42 U.S.C. §1983.164. Ms. Crowder realleges and reasserts each and every claim and avermentabove.165. David Menter, David Loe, James Lynch, David Pleoger, Todd Sauvageau,Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, and LucasPeterson, in their individual capacities acting under color of law, in theirindividual capacities acting under color of law, jointly and severally entered Ms.Crowder’s and T. C.’s dwelling without warrant, without consent, without exigentcircumstances, without warning, and without any other lawful authority, and pastT. 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, andXbox 360 game, causing unreasonable seizure of personal property belonging toMs. Crowder, including two pinky rings and a bracelet valued at $3,000 and inviolation of Ms. Crowder’s clearly established right to be free from unreasonablesearches and seizures of her dwelling, and166. The individual defendants’ actions inflict damages upon Ms. Crowder andT. C.23

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 24 of 35CLAIM IV: FOURTH AND FOURTEENTH AMENDMENT, PROTECTEDTHROUGH 42 U.S.C. § 1983 (UNREASONABLE SEIZURE)167. Ms. Crowder realleges and reasserts each and every claim and avermentabove.168. Defendants Menter, David Loe, James Lynch, David Pleoger, ToddSauvageau, Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, andLucas Peterson, in their individual capacities acting under color of law, jointly andseverally, unreasonably seized Ms. Crowder without warrant or other lawfulauthority and caused her to be jailed for two days without warrant, without exigentcircumstances, without lawful authority, and without probable cause, in violationof her clearly established rights to be free from unreasonable seizures in violationof 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 AMENDED170. Ms. Crowder realleges and reasserts each and every claim and avermentabove.171. MPHA discriminated against Ms. Crowder with respect to the terms andconditions of her § 8 housing assistance program benefits on account of race andher association with an African-American male, in violation of the Fair HousingAct as Amended.172. The actions of MPHA inflict damages upon Ms. Crowder.CLAIM VI: MINNESOTA HUMAN RIGHTS ACT24

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 25 of 35173. Ms. Crowder realleges and reasserts each and every claim and avermentabove.174. MPHA discriminated against Ms. Crowder with respect to the terms andconditions of her § 8 housing assistance program benefits on account of race andher association with an African-American male, in violation of the MinnesotaHuman Rights Act (MHRA)175. The actions of MPHA inflict damages upon Ms. Crowder.CLAIM VIII COMMON LAW BATTERY176. Ms. Crowder realleges and reasserts each and every claim and avermentabove.177. Defendants Lynch and Suker, jointly and severally, inflicted common lawbattery upon the person of T. C. without her consent, and without lawful authority.178. Defendants inflict damages upon T. C., including severe physical injuries andpermanent scarring above her right eye.CLAIM IX COMMON LAW BATTERY (CITY OF MINNEAPOLIS)179. Ms. Crowder realleges and reasserts each and every claim and avermentabove.180. Defendants Lynch and Suker jointly and severally, act under color of law inthe 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.25

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 26 of 35CLAIM X: COMMON LAW TRESPASS183. Plaintiffs reallege and reassert each and every claim and averment above.184. Officer Menter and all individual defendants, jointly and severally, act undercolor of law in the course and scope of their employment as Minneapolis policeofficers.185. Officer Menter, all other individual police officer defendants, andMinneapolis, jointly and severally, inflict common law trespass upon plaintiffs bythe individual defendants’ entry into plaintiffs’ dwelling, and destruction ofproperty upon the premises of plaintiffs’ dwelling, in excess of the lawfulauthority under the search warrant, outside daylight hours and past the hour ofrepose of T.C., under conditions whereby the defendants knew or should haveknown the hour of repose.186. Defendants inflict damages upon plaintiffs, including such damages forwhich Minn. Stat. § 626.74 provides a remedy.CLAIM XI: COMMON LAW INVASION OF PRIVACY187. Plaintiffs reallege and reassert each and every claim and averment above.188. The City of Minneapolis, Defendants Menter, David Loe, James Lynch,David Pleoger, Todd Sauvageau, Gene Suker, Lawrence Loonsfoot, DavidGarman, Mike Nimlos, and Lucas Peterson, in their individual capacities actingunder color of law, jointly and severally, act under color of law in the course andscope of their employment as Minneapolis police officers.26

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 27 of 35189. The individual officer defendants and Minneapolis, jointly and severally,inflict common law invasion of privacy upon plaintiffs by exceeding the scope ofthe authority of the search warrant.190. Defendants inflict damages upon plaintiffs.CLAIM XII: COMMON LAW CONVERSION191. Plaintiffs reallege and reassert each and every claim and averment above.192. Defendants Menter, David Loe, James Lynch, David Pleoger, ToddSauvageau, Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, andLucas Peterson, in their individual capacities acting under color of law,, jointlyand severally, act under color of law in the course and scope of their employmentas Minneapolis police officers.193. Defendants Menter, David Loe, James Lynch, David Pleoger, ToddSauvageau, Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, andLucas Peterson, in their individual capacities acting under color of law,, andMinneapolis, jointly and severally, inflict common law conversion upon plaintiffswithout warrant, without consent, and without other lawful authority.194. Defendants inflict damages upon plaintiffs.CLAIM XIII: COMMON LAW FALSE IMPRISONMENT195. Plaintiffs reallege and reassert each and every claim and averment above.196. Defendants Menter, David Loe, James Lynch, David Pleoger, ToddSauvageau, Gene Suker, Lawrence Loonsfoot, David Garman, Mike Nimlos, andLucas Peterson, in their individual capacities acting under color of law,, jointly27

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 28 of 35and severally, act under color of law in the course and scope of their employmentas 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 ACT199. Plaintiffs reallege and reassert each and every claim and averment above.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 ofMinn. Stat. § 13.08 subd. 1.CLAIM XV: DATA PRACTICES ACT (MINNEAPOLIS)202. Plaintiffs reallege and reassert each and every claim and averment above.203. Defendant City of Minneapolis fails to provide all public or private data ofand concerning Ms. Crowder on a timely basis.CLAIM XVI: DATA PRACTICES ACT (MPHA)204. Plaintiffs reallege and reassert each and every claim and averment above.205. Defendant MPHA fails to provide all public or private data of and concerningMs. Crowder on a timely basis.28

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 29 of 35CLAIM XVII: First, Sixth, and Fourteenth Amendment to the United StatesConstitution, with reference to 42 U.S.C. § 1437f, as Protected through 42U.S.C. § 1983206. Ms. Crowder realleges and reasserts each and every claim and avermentabove.207. 24 C.F.R. §§ 982.552(c) and 982.555, with respect to their provisions forhearings for termination of tenant-based § 8 housing assistance program benefits,as written, do not provide for compulsory appearance of witnesses, do not enshrinethe clearly established right to confront hostile witnesses when a protected libertyinterest is at stake, per Goldberg v. Kelly, 397 U.S. 254 (1971), do not provide foran electronically recorded or court reporter-transcribed verbatim hearing –necessary for full and fair certiorari review of the record of a termination hearingby the Minnesota Court of Appeals, in violation of the Sixth and FourteenthAmendment guarantees of Confrontation and Due Process, as well as guaranteesof due process under Minn. Const. Art. I, §§ 7 and 8.208. MPHA made its determination in part on the basis of documents not providedto Ms. Crowder prior to the hearing.209. MPHA made its determination in part, notwithstanding documents in itspossession, but not provided to Ms. Crowder prior to the hearing, that militatedagainst revocation of Ms. Crowder’s § 8 benefits.210. MPHA made its determination, in part, upon hearsay evidence without givingMs. Crowder the opportunity to cross-examine the declarant(s), viz., police29

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 30 of 35officers in the warrant execution, to impeach the declarant(s), or to call witnessesto contradict the declarants. MPHA refuses to admit plaintiff’s plaintiff’sdocumentary evidence showing Mr. Clarke’s residence in S. Minneapolis, and nother 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 tothe Minnesota Court of Appeals within sixty days of the decision.213. The termination of Ms. Crowder’s § 8 housing assistance program benefits byMPHA, violated Ms. Crowder’s clearly established rights of confrontation and dueprocess.214. MPHA’s actions inflict damages upon Ms. Crowder.CLAIM XVIII: COMMON LAW NEGLIGENCE AGAINST DEFENDANTSLYNCH AND SUKER, AND CITY OF MINNEAPOLIS215. Plaintiffs realleges and reassert each and every claim and averment above.216. Plaintiffs sue defendants Lynch and Suker in their individual capacities foractions in the course and scope of their employment as Minneapolis policeofficers, and the City of Minneapolis by respondeat superior, for actions taken bydefendants Lynch and Suker breaching their duties of ordinary care to T.C. in theexecution of the search warrant, by violating (a) ministerial duties to refrain fromuse of unreasonable force to open the front door in night-time hours, past the hourof T.C.’s repose, and (b) known rights of T.C. and all other dwellers inside to be30

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 31 of 35free from execution of a search warrant in night-time, after the hour of repose inopening 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 overT.C.’s right eye that requires stitches and leaves a permanent scar217. The three defendants’ joint and several actions inflict damages uponT.C.WHEREFORE PLAINTIFFS PRAY FOR THE FOLLOWING RELIEF:A. JUDGMENT AGAINST THE DEFENDANTS, JOINTLY ANDSEVERALLY;B. DAMAGES AGAINST THE INDIVIDUAL DEFENDANTS NAMEDABOVE IN EXCESS OF $75,000, OR SUCH SUM AS THE JURY SHALLAWARD;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 SUMAS THE JURY SHALL AWARD;E. PUNITIVE DAMAGES AGAINST THE INDIVIDUAL DEFENDANTSNAMED 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 ASSISTANCEPROGRAM BENEFITS;31

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 32 of 35G. COMPELLED PRODUCTION BY THE CITY OF MINNEAPOLIS OFALL DATA WRONGFULLY WITHHELD, IN ACCORDANCE WITHMINN. STAT. § 13.08 SUBD. 4(a);H. COMPELLED PRODUCTION BY MPHA OF ALL DATAWRONGFULLY WITHHELD, IN ACCORDANCE WITH MINN. STAT. §13.08 SUBD. 4(a);I. CIVIL PENALTY AGAINST MPHA IN ACCORDANCE WITH THEMINNESOTA HUMAN RIGHTS ACT, IN SUCH AMOUNT AS THE JURYSHALL AWARD;J. EXEMPLARY DAMAGES AGAINST THE CITY OF MINNEAPOLISUP TO $15,000, OR SUCH SUM AS THE JURY SHALL AWARD, INACCORDANCE WITH MINN. STAT. § 13.08 SUBD. 1;K. EXEMPLARY DAMAGES AGAINST MPHA UP TO $15,000, OR SUCHSUM AS THE JURY SHALL AWARD, IN ACCORDANCE WITH MINN.STAT. § 13.08 SUBD. 1;L. CIVIL PENALTY AGAINST MINNEAPOLIS IN ACCORDANCE WITHMINN. STAT. § 13.08 SUBD. 4(a) UP TO $1,000, OR SUCH AMOUNT ASTHE 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 THEJURY SHALL AWARD;32

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 33 of 35N. INJUNCTION AGAINST FURTHER DISSEMINATION OF FALSE,INACCURATE INDIVUDAL DATA CONCERNING PLAINTIFFS BYDEFENDANTS MINNEAPOLIS, MPHA, OR THEIRREPRESENTATIVES, THAT ARISE FROM MS. CROWDER’STENANCY AT 3102 QUEEN AVE. N., IN ACCORDANCE WITH MINN.STAT. § 13.08 SUBD. 2;O. CORRECTION OF ALL FALSE, INACCURATE INDIVUDAL DATACONCERNING PLAINTIFFS BY DEFENDANTS MINNEAPOLIS, MPHA,OR THEIR REPRESENTATIVES, THAT ARISE FROM MS.CROWDER’S TENANCY AT 3102 QUEEN AVE. N., IN ACCORDANCEWITH MINN. STAT. §§ 13.04 SUBD. 4, 13.08 SUBD. 2 AND 13.08 SUBD.4(a);P. COMPENSATORY DAMAGES FOR PROPERTY DAMAGE INACCORDANCE WITH MINN. STAT. § 626.74 SUBD. 2 AGAINST CITYOF 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); ANDT. ALL OTHER LEGAL AND EQUITABLE RELIEF APPROPRIATEUNDER THE CIRCUMSTANCES.PLAINTIFFS DEMAND TRIAL BY JURY.33

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 34 of 35VERIFICATIONHaving reviewed the factual allegations, assertions, and averments above,and, with exception for those statements made on information and belief and thosestatements 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 CrowderSTATE OF MINNESOTA )) SS.COUNTY OF HENNEPIN )Subscribed and affirmed before me this ___ day of ____________, 201_._________________________Notary Public34

CASE 0:11-cv-00646-JNE-TNL Document 26 36 Filed 01/04/12 03/15/12 Page 35 of 35Signed in accordance with Fed. R. Civ. P. 11 and Minn. Stat. § 549.211.Date: 31 December 2011PETER J. NICKITAS LAW OFFICE, LLC/s/Peter J. Nickitas____________________________________________Peter J. Nickitas, MN Att’y #212313Attorney for the plaintiff431 S. 7 th St., Suite 2446P.O. Box 15221Minneapolis, MN 55415-0221(651) 238-3445/FAX (952) 546-6666peterjnickitaslawllc@gmail.com35

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

Sun and Moon Data for One DayCASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 2 of 2011/14/11 12:02 AMU.S. Naval ObservatoryAstronomical Applications DepartmentSun and Moon Data for One DayThe following information is provided for Minneapolis, Hennepin County, Minnesota (longitude W93 .3,latitude N45.0):Thursday19 February 2009SUNBegin civil twilightSunriseSun transitSunsetEnd civil twilightCentral Standard Time6:37 a.m.7:07 a.m.12:27 p.m.5:47 p.m.6:17 p.m.MoonsetMoonriseMoon transitMoonsetMoonriseMOON11:31 a.m. on preceding day4:10 a.m.8:16 a.m.12:24 p.m.4:52 a.m. on following dayPhase 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 formhttp://aa.usno.navy.mll/cgi-bin/aa_pap.pl Page 1 of 1

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CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 4 of 20f1AY-04-2009 13:38 HENN CTY RTTORNEY 6123176262P.052-1...SEARCH WARRANT· :-s'f.Jt.TE 0F MINNESOTA, COUNTY OF HI!NNEPIN DISTRICT COURTTO: OP.FICBR DAVID MENTER AND OTHER OFFICERS UNDER HIS CONTROL, (A) PEACE OFFICERSOF THE STATE OF MINNESOTA.WHEREAS, OFFICER DAVID MENTER has this day on oath, made application to th~JH.id Court applyingfor issuance ofR search warrant 10 search tho following described premises: J I 02 Queen Ave~ MPLS, and MNplate 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 describedproperty and things: ·NARC011C DRUGS & CONTROLLED SUBSTANCES, INCLUDING BUT NOT LIMITED TOECSTASY AND MARIJUANA. ALSO DRUG PARAPHERNALJA, MONEYS & PROPERTYOBTAINED FROM THE ILLEGAL SALES OF THESE CONTROLLED SUBSTANCES,WEIGHING & PACKAGING MATERIALS, PROPERTY BARTERED & TRADED FOR THESECONTROLLED SUBSTANCES, DRUG NOTES, WRITINGS & MAILINGS TO SHOWCONSTRUCTIVE 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 ptescnledand 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 thefollowing grounds:_ 2 • .J:be.pr.opetcy..abo.ve.desuJbed..w..os..uscd.as.me.ar".or.c believe that the above-described property and things will beat 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 theobjects 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, 2009JUDGE OF Dr STRICT COURT~) ... .'· . . .. . ; .. 1 ,,,i ' ~ ~ :·. : ·. f , ., : .... -, I ••: :•. -· ., ~ .. :'·" 1~ ..COPIBSTO: COURT • PROS.ATTV • PEACEOFFfCER • PREMISES/PERSONPINOMAKI32

CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 5 of 20\EXHIBIT3

CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 6 of 20McNN L l Y HI IUt

CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 7 of 20HCNN CTY ATTORNEY 6123176262P.03Application 1·2The 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 theMbtnoapolis Pollee Department 3rd Pet ProbJcan Properties Unit. Your affiant has aHended numerous schoolsand speclilized training for narcotics investigation. Your affiant bas boon involved in narcotics lnvc.stigationsfor over twolve yeam and has made several arrests which havo ted to the conviction of drug traffickers and therecovery of Illegal narcotics, monoys, firearms and oth.er contraband. Your affiant has.abo worked in anundercover capacity on soveral narcotics Investigations. Acting In that capacity your affiant gives you ChofoUowing:I recoivecUnfonnaclon fto"'econfidential rolia~.,.lnformant{CJU regarding tbe sale, storage, and packaaing ofmarijuana and ecstasy out of 3102 Queen Ave UO, MPLS. The seller was known to the CRI as ''Toby'', described asa black male, 28·30YOA. S'10"·S'l1" tal~ medium build. light complected, sbort natural afro hairstyle, and amoutache.Wi1hin the past 7l hours. the CPJ was in 3102 Quoen Ave North) MPLS, and witnessed "Toby" make numerous salesofauspected ccscasy within a U minute period. The CRJ witnoued 4 difl'crcnt people hand "Toby" U.S. currencyand in return~ buyons wore given suspected ocstaayftom "Toby". After'--roby'' received the U.S. currency fromtho buyers he In return gave thom either blue or green tablets, suspected to be ecstasy. The CRI said that there wasconversatlcm belwOCD '7oby" and the buycra about tho quality of the ''thi8$les" or "skittles', the different types ofeffects It had on them, how long they lasted, and how ~n~ny to take at one time. These are common convmatconsbetWeen sellers and usors of ecstasy. Tho street terms "lhlssle" and '•skittles" are common street terms referring loecstasy. 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 witnessedanother black malo, sell or #12, make several sales of suspected marijuana to vartous people. Tho ClU witnessed thethopackaaccl in a plastic bags, ofvarlousalsostolen 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, mediwncomplecled, and a heavy build.This ClU has boat used by your affiant and other members Otlho Minneapolis Polico Department and other Jawenforcement aaencfes for over 5 ycl!l'l. Your affiant has used this ClU for over 100 concrol buys related 10 acarchwarrants, 50-60 times for Information leading to search warranu, and over 30-40 times for Information related toether types of cuo investigations. Your Affiant has used this CRies r~tly as last week for info rOtation leading tosuccessfial arrests and Jnvesdgatfou. The Information provided by this ClU has pro~m to be accurate and truthfuLTho 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 CRIhas led to coDYictlons m stato courts fer narcotics and weapons related crimes numerous tlmos. This CRt Isparticularly familiar with ecstasy and marijuana.Wltbln tho past 7l bounnbe CRI witnessed '1'oby" transporting approximately 200 tablets of suspecred ecstasy andmarUuana In MN P,late SMU24S. The CRt witnessed WJ"oby" place tho suspected ecstas)' and marijuana In a duffelbag and placed the duffel bag in the trunk of MN plate SMU24S. "Toby" then drives MN plate SMU245 around thecity of Minneapolis to seiVdeliver the ecstasy and marijuana. Tho CRl described MN plate SMU24S as a 2002·2003black Chevrolet Monte Carlo.Wblfe condudfaa surveDJance I witnessed a mate matching tile descrlpUon of "Toby" comins and going fi'om thofront door of till' slnglo family llomo. I witnessed "Toby" driving MN plata SMU24S. I waCc:hed several people enterthe" above location and then como back out S·lO minutes later, with some of the people coming bade wlthln 30minutes and going lhroagh the same routine. ·C9PIES TO: COURT • PROS.AITY • PBACS O.PPICBRPINOMAKI30(

CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 8 of 20f'flY-04-2009 13: 38 HENN CTY ATTORNEY 6123176262P.04Application l-3=··An unannounced entl)• is necessary (to prevent the loss, destruction, or removal of objects of the search and toprotect 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/ AWHEREFORE, Affiant requests a search warrant be issued, commanding OFFICER DAVID MENTERAND OTIIER OFFICERS UND~R HIS CONTROL. (a) peace officer(s), of the Stale of Minnesota, to enter withannouncement of authority or purpose in the daytime to search the herein before described premise~ for the describedproperty and things and to .!eizo said property nnd things nnd keep snid properly and thing$ In custody until the samebe dealt with acco1ding to law.Subscribed and swom to before me thisAffiantl)A'!:HK:; .':. i .. .-:r :. .. ~:SJ'< l d~ ;;:' nf ! ~;:: r ·:::'". ·· : :..;.ri·· ...~. f::, .. ~, .,·...... = .• ·: '~~: - _. -?.. :. ~ ·: ...• •• • J':· ;·c.f .·.•".•"'-'-:·.:J-· -. .....COJ:>JES TO: COURT • PROS.A TTY PEACE.OFPICER. ·': ;.-; ·:PINOMAKI31

CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 9 of 20HENN CTY ATTORNEY6123176252 P.05U'1 v "I i' /'I ~ - ·.1 q4 I7' RVL-~T$ ~-L l .. '--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~firstdu ly sworn ononth,dcpo csandsay~lhatheor1hcha~r~dthe forecoia& Recclpt, ln~ yand Relum a~~cl the 111ancrs arc uc J comet e.~ . . t. u to _ .. _tiers :slatedtherein 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_Qa.._dayof mauh . 2oQ9_. - . ~

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CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 11 of 20. ... ' . . ·-~ .......... ttpi •. a:otfnH. ~ton rof1~~·tn laox 1 are theICBII of thoSe wages._ ·an JC1W l~t pay ltatsent~,.plus a.racldtttoli&t CCIIIpeftMttOD 01' ~118-.nts-recefvecl aner thep&Jro11 clo1e.Your gross pay ay not match ·Your llox 1 totals thre to &WUustmentsllllde- 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 CROWDER3914 COLFAX AVE NMINNEAPOLIS, MN &5412PAGE 01 OP 01'•. ..........···.........,, •. ·'.........,......... ~-·.adZIPooclltECUMENasso LEXINGTON AVE NSHOREVIEW, MN 55128~~~~~,;~;~~~:.· .. ~ ·:~0· ...:~.~ ... ~~ ....

CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 12 of 20TIFFANY L. CROMDBR391' COLFAX AVB NMrHNBAPOLIS , MN 55412_ _u .- •• •• ' ••\__-.11'7•- '" ,...,'""'~·~Clly, arLDcll "-nnTa Allum............... ,....,...,3677.15l--..OM8 NO.' 1US:OOSwillllllold20.61fcrmW.l\OIIIIfllnlla- 2009 llo!ILdT--IRS11D-IIbofnt-ID111oiRS.If,.., .......-•••.__•nogl9nclf"'wwlyOf---bo~..,,..,-cNI_II_nl,..,raaOD-1

CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 13 of 20EXHIBITS

CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 14 of 20PETER J. NICKITAS LAW OFFICE, L.L.C.431 S. 7TH STREET, SUITE 2446P.O. Box 15221MINNEAPOLIS, MINNESOTA 55415-0221TEL. 651.238.3445 · FAX 952.546.6666EMUUL:PETERJNICKITASLAWLLC@GMAIL.COM,PETERN5@AOL.COMLICENSED IN MINNESOTA AND WISCONSINGRAPHIC LABOR PROVIDED IN-HOUSEData Practices Act Responsible AuthorityCity of MinneapolisC/0 City Clerk, Room 304, City Hall350 S. Fifth St.Minneapolis, Minnesota 5541522 March 2010Data Practices Act DesigneeCity of Minneapolis, Police Department21 0 City HallMinneapolis, Minnesota 55415Re: Data Practices Act request of Ms. Tiffany CrowderDear Sir or Madam:I represent ~der in matters arising from an incident involving herself andher 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 thisletter a copy of Ms. Crowder's authorization.M~ests access to all data of and concerning herself and her minordaughter, -in the possession or control of the City of Minneapolis and/or theMinneapolis Police Department. Specifically, and without limitation, Ms. Crowder requestsaccess to all public data of and concerning CCN MP 09 49142 and all private data concerningherself and her minor daughter concerning CCN MP 09 49142. In addition, Ms. Crowderrequests true copies of (a) any warrant relating to the forced entry of Ms. Crowder's dwelling at3102 N. Queen Avenue, Minneapolis, MN 55411, on 19 February 2009, (b) any affidavit insupport of said warrant, (c) all audio recordings including MECC calls related to CCN MP 0949142, (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 communicationsbetween 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 ofconfidential data in the possession or control of the City of Minneapolis. If they are, pleaseindicate the nature of said data and lawful bases for the classification of said data. Ms. Crowderwill pay all lawful costs of access to said data. Please inform me whether the cost of copying theabove data will exceed $25.00. If you have any questions, please feel free to contact me.Enclosurescc: Ms. Tiffany CrowderVery truly yours,Is/ (§JfJe~J. ~/taoPeter J. Nickitas

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CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 16 of 20MinneapolisCity of LakesOffice of the City AttorneySusan L SegalCi1yAnomey350 South 5th Street- Room 210Minneapolis MN 55415August 19, 2011Office 612 673-2010Civil Division Fax 612 673-3362Criminal Division Fax 612 673-2189CPEO FAX 612 673-5112TIY 612 673-2157Peter J. Nickitas, Esq.431 S. 7th StreetSuite2446P. 0. Box 15221Minneapolis, MN 55415-0221Re: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 AutlzorihJCourt File No. 11-CV-646Dear Mr. Nickitas:I enclose a digital copy of the interview Officer David Menter conducted of Ms. Crowder on February19, 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.EnclosureYo~v~ ,e:;t.~AR( J.~tant City Attorney(612) 673-2072cc::Kenneth Van Parsonsc&www.ci.minneapolis.mn.usAffumative Action Employer

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CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 18 of 20PETER J. NICKITAS LAW OFFICE, L.LC.PETERJ. NICKITAS431 S. 7nr STREET, SUITE 2446P.O. Box JS221MINNEAPOLIS, MINNESOTA SS4JS.0221TEL. 6S 1.238.3445 • FAX 9S2.S46.6666EMAIL: r£T£RJN!CKITASLAWLLC@GMAIL. co.vLICENSED lN MINNESOTA AND WISCONSINGRAPHIC lABoR PROVIDED IN-HOUSE.. P::':'ERN5@Ao:.. co~Data Practices Act Responsible AuthorityMinneapolis Public Housing Authority (MPHA)1001 Washington Avenue N.Minneapolis, MN 55401-1043(612) 342-1400/FAX (612) 335-4427www.mphaonline.org19 November 2010Re: Data Practices Act request of Ms. Tiffany CrowderDear Sir or Madam:I represent Ms. Tiffany Crowder in matters arising from an incident involvingherself and her minor daughter, Timija Callender, at 3102 N. Queen Avenue,Minneapolis, Minnesota 55411, on 19 February 2009. The case number is CCN MP 0949142. These matters include the tennination of Ms. Crowder's Section 8 HousingAssistance Program (HAP) benefits by the Minneapolis Public Housing Authority on orabout 14 May 2009. Please find accompanying this letter a copy of Ms. Crowder'sauthorization.Ms. Crowder requests access to all public and private data of and concerningherself and her minor daughter, Timija Callender, in the possession or control of theMinneapolis Public Housing Authority. Ms. Crowder requests access to (a) all tangibledata of and concerning Ms. Crowder in the possession or control of MPHA; (b) all datareflecting communications by Minneapolis Police Officer David Menter concerning Ms.Crowder; (c) transcripts of all HAP tennination hearings; (d) all exhibits entered intoevidence at Ms. Crowder's HAP tennination hearing; and (e) all communicationsbetween Officer Mentor and Ms. Christine Clayson, or any other employee of MPHA ofand concerning Ms. Crowder Specifically, and without limitation, Ms. Crowder requestsaccess to all public data of and concerning CCN MP 09 49142 and all private dataconcerning 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 February2009, (b) any affidavit in support of said warrant, (c) all audio recordings includingMECC calls related to CCN MP 09 49142, (d) all video recordings of law enforcementofficers relating to CCN MP 09 49142, (e) audio recording of Officer Mentor inconnection with CCN MP 09 49142,

CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 19 of 20Letter to Minneapolis Public Housing Authority re: Tiffany Crowder19 November 2010Page2In addition, please state whether Ms. Crowder or her daughter Timija are thesubjects of confidential data in the possession or control of the Minneapolis PublicHousing Authority. If they are, please indicate the nature of said data and lawful basesfor the classification of said data. Ms. Crowder will pay all lawful costs of access to saiddata. 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.Enclosurescc: Ms. Tiffany CrowderVery truly yours,lsi f)>,;...,.,: .}1/J""-1Peter J. Nickitas

CASE 0:11-cv-00646-JNE-TNL Document 26-1 36-1 Filed 01/04/12 03/15/12 Page 20 of 20I TRANSMISSION VERIFICATION REPORT ITIME 11/19/2818 88:84NAME : PETERJNICKITASLAWOFFFAX : 9525466666TEL : 9525462468SER. tt : 888M6J438322DATE, TIMEFAX NO./NAMEDURATIONPAGE(S)RESULTMODE11/19 88:83612335442788:81:8484OKSTANDARDECMPITERJ.NtetarASLAWOmCE,L.L.C.PBTER J. NJCKITASATTORNEVATLAW431 s. 7TJf Snu2r. SUITE 2446P.O. BOX "UJMJNNEAPOUS, Ml'NNEsoTA .55'41 S-0221TEL. 651.238J~-FAX 952.~.6666tMAD ..: PmiUNtCKJTASLAWLLC@OMAJLCOM, 1'£1'£1\~~@AOL. CQMt.tCP.NSE!D 1M MIMM!SOTAAND WISCONSINORAPHIC LABoR PRoviDED IN-HouseFACSIMILE TRANSMISSIONThis facsimile transmission is intended only for the addressee shown below. Itmay contain mtormation tbat is privileged, coDflcfential, or otherwise protected fromdisclosure. Any review, dissemination, or use of this tnmsmiaon or its contents bypcrsoas other tba the addressee is strictly prohibited. If you have received thistransmission in error, please notify us immediately by telephone and mail the original tothe firm at the ad~ shove.Date: 19 November 2010Pages:)' 4 ~,.Ke: Tiffany

CASE 0:11-cv-00646-JNE-TNL Document 26-2 36-2 Filed 01/04/12 03/15/12 Page 1 of 3UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MINNESOTAFOURTH DIVISION__________________________________________________________________TIFFANY CROWDER,Civil Action No. 11 CV 646 JNE/TNLIn her individual capacityAnd her capacity as naturalMother and legal guardian ofT. C.,AndT. C., a minor child,vs.Plaintiffs,DAVID MENTER, Badge #04721,in her individual capacityand his official capacity actingunder color of law as aMinneapolis police officer,DANIEL LOE, Badge #04218,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,JAMES LYNCH, Badge #04307,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,DAVID PLEOGER, Badge #05753,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,TODD SAUVAGEAU, Badge #06309,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,1

CASE 0:11-cv-00646-JNE-TNL Document 26-2 36-2 Filed 01/04/12 03/15/12 Page 2 of 3GENE SUKER, Badge #07004,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,LAWRENCE LOONSFOOT, Badge #04234,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,DAVID GARMAN, Badge #2216in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,MIKE NIMLOS, Badge #05138in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,LUCAS PETERSON, Badge #97389,in his individual capacity and hisofficial capacity, acting under color oflaw as a Minneapolis police officer and/orofficer of the Metropolitan Gang Strike Force,CITY OF MINNEAPOLIS,a government entity and political subdivision of the state of Minnesota,andMINNEAPOLIS PUBLIC HOUSING AUTHORITY,a government entity and political subdivision of the state of Minnesota,Defendants.PLAINTIFFS’ FIRSTAMENDED SUMMONS –TRIAL BY JURY DEMANDED2

CASE 0:11-cv-00646-JNE-TNL Document 26-2 36-2 Filed 01/04/12 03/15/12 Page 3 of 3TO 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. 7 TH St., Suite 2446, P.O. Box 15221, Minneapolis, Minnesota 55415-0221, Tel.651.238.3445/FAX 1.888.389.7890, peterjnickitaslawllc@gmail.com, PeterN5@aol.com,an answer to the complaint which is herewith served upon you, within twenty (21) days after service of thissummons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against youfor the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within areasonable period of time after service.CLERKDATE(By) DEPUTY CLERK3