Harry Litman - How the Charges in Minnesota Will Actually Play Out
With the federal government leaving little confidence that it will thoroughly investigate, much less prosecute, the fatal shootings of Renee Good and Alex Pretti, all eyes turn to Minnesota. Will the State buck the federal government and bring state criminal charges?
The DOJ’s position has made Minnesota’s path far more complicated than in any similar episode in memory. Within hours of Good’s killing, the DOJ announced it would not investigate, a move that has led to a string of resignations within the ranks of the Civil Rights Division and the United States Attorneys in Minneapolis. Perhaps stung by the criticism, and the grotesque apparent execution of Alex Pretti, federal authorities have now announced an investigation into that incident; but it is hard to be confident that it will be wholehearted, and in any event the highest ranks of the federal government already passed judgment in the case, pinning the blame on Pretti and exculpating the swam of ICE officers.
All signs nonetheless suggest that Minnesota is investigating, and all signs suggest that it will—and should—charge in one or both killings. Under Minnesota law, prosecutors would likely look to second-degree unintentional murder or manslaughter, statutes that permit criminal liability when an officer uses deadly force without lawful justification.
Those charges, importantly, would frame the question in familiar terms: whether the use of force exceeded what the circumstances reasonably required. As I previously have explained, that standard is roughly congruent with the standards that come into play in civil rights prosecutions for excessive force, as well as motions for federal immunity.
https://harrylitman.substack.com/p/how-the-charges-in-minnesota-will
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