(Alpha News): The Minnesota Police and Peace Officers Association (MPPOA) has declared victory after the U.S. Supreme Court vacated a lower court ruling against a Minneapolis police officer who used less-lethal rounds during the 2020 riots.
The case involves Officer Benjamin Bauer, who was part of a team of officers helping to evacuate a young woman—who was stabbed during the riots following George Floyd’s death.
According to MPPOA, “Officer Bauer helped form a perimeter around the victim to defend her from the aggressive mob. When an individual attempted to break through this perimeter, including by shoving a fellow officer and grabbing at his baton, Officer Bauer used less-lethal rounds to repel him, defend his fellow officers, and ensure the young woman could escape the mob to receive medical treatment.”
That individual later sued Bauer, alleging excessive force. The lawsuit survived dismissal in both district court and at the Eighth Circuit Court of Appeals, which affirmed in a 2-1 decision and ruled Bauer was not entitled to qualified immunity.
City of Minneapolis asked the MPPOA for help
With the case headed toward possible trial, the City of Minneapolis asked MPPOA to intervene with an amicus brief to the Supreme Court of the United States.
MPPOA hired attorneys Chris Madel and Todd Hennen of MADEL PA to file the amicus brief urging the Supreme Court to take the case.
Madel, a veteran Minnesota attorney, is known for defending high-profile clients, including State Trooper Ryan Londregan, whose murder charges were dropped after Madel’s defense. Madel discussed the Londregan case in the Alpha News documentary “Minnesota v. We the People.”
Madel also represented Alpha News and Liz Collin, winning their case with the dismissed defamation lawsuit filed by Katie Blackwell, an assistant chief of the Minneapolis Police Department.
Supreme Court to order case reconsideration
The legal efforts of Madel PA appear to have been persuasive: the Supreme Court sided with the argument on behalf of the MPPOA and Officer Bauer—sending the case back to the lower courts, this time using a new legal standard set by the U.S. Supreme Court justices.
That new standard requires the lower-court judges to evaluate the entire context of an officer’s actions, not just the immediate moment when force was used.
In Bauer’s case, this means the courts must now weigh everything that happened leading up to the encounter, not just the moment Bauer fired less-lethal rounds.
In response, Madel said, “I’m so gratified that the U.S. Supreme Court has recognized, yet again, that second-guessing cops’ split-second decisions is unfair and needs to be viewed by considering the totality of the circumstances.”
The MPPOA stated, “Today, the Supreme Court vacated the Eighth Circuit’s decision—a tremendous win for Officer Bauer.”
MPPOA remains optimistic as case returns to lower court
“We are thrilled with the result and proud to have ensured that its members’ voices were heard. MPPOA will continue to monitor the case as proceedings continue and is optimistic that the lower courts will arrive at the right result this time and dismiss this complaint,” the MPPOA added.
MPPOA represents more than 10,000 police and peace officers in Minnesota.
