Minnesota largest law enforcement organizations believe new use of deadly force law is unconstitutional

Minnesota’s largest law enforcement organizations filed a state lawsuit on Friday challenging the constitutionality of the 2020 law change regarding a peace officer’s rights to use deadly force.

The Minnesota Police and Peace Officers Association (MPPOA), the Minnesota Sheriffs’ Association (MSA), the Minnesota Chiefs of Police Association (MCPA) and Law Enforcement Labor Services (LELS) are collectively challenging the new language to ensure peace officers have a sound law that they can rely on for guidance in deadly force situations and the public has a strong statute that will hold officers accountable when warranted.

“Minnesota’s police organizations are committed to upholding the law and serving the communities they are sworn to protect,” said Minnesota Sheriffs’ Association Executive Director, Bill Hutton. “In order to do so, however, all Minnesotans, including community members and police officers, require clarity in the law.”

Minnesota Police and Peace Officers Association Executive Director, Brian Peters said, “The process that led to last year’s law change was rushed under unprecedented circumstances. This law should have been fixed, but since the legislative session has now concluded, it is necessary to turn to the legal system.”

The law enforcement organizations had pushed the 2021 Minnesota State Legislature for a delay in implementing the new statute, but those efforts failed. A delay would have given police chiefs and sheriffs additional time to train the more than 10,000 sworn peace officers in Minnesota, stated the organizations.

“This law is not only unconstitutional – but impractical in terms of training resources and a rushed timeline,” said Law Enforcement Labor Services Executive Director, Jim Mortenson. “When it comes to laws regarding the use of deadly force, it is imperative that we get it right.”

According to Minnesota Chiefs of Police Association Executive Director, Jeff Potts, “The use of deadly force is one of the most critical aspects of a police officer’s duties. Minnesota’s police chiefs are committed to training officers to the highest standards possible. The law must be constitutional in order to ensure a transparent process and a just outcome for everyone involved in these types of cases.”

To read the full court filing, click here.