Lawsuit filed against Noor, city of Minneapolis claims officers drew guns during traffic stop |

Lawsuit filed against Noor, city of Minneapolis claims officers drew guns during traffic stop

Updated: May 23, 2019 06:17 PM
Created: May 23, 2019 12:00 AM

Former Minneapolis police officer Mohamed Noor is being sued by a man who claims Noor drew a gun on him during a traffic stop months prior to the fatal shooting of Justine Ruszczyk Damond, according to court records. 

The lawsuit, filed by Brian Oman, lists Officer Justin Schmidt and the city of Minneapolis as defendants as well. 

In the lawsuit, Oman's lawyer argues that Noor and Schmidt made an unreasonable seizure, violating his Fourth Amendment rights. It also claims the defendants "assaulted, maliciously prosecuted and negligently caused injury" to Oman.

According to the lawsuit, on May 18, 2017, Oman was traveling on West 24th Street in Minneapolis when he entered a busy intersection during a green light. The lawsuit said the traffic light turned red, causing him to be stuck in the intersection during a red light. Once the intersection was cleared, Oman drove through the intersection. 

According to the lawsuit, a state statute "does not prohibit drivers who enter an intersection on a green light from clearing the intersection if the light turns red while the driver remains in the intersection." 

More from KSTP: 

Judge to grant access to Noor trial exhibits

KSTP's complete Noor trial coverage

The lawsuit goes on to say that Noor and Schmidt activated their emergency lights and stopped Oman. 

During the stop, Noor and Schmidt removed their firearms from the holsters and approached Oman's vehicle, according to the lawsuit. Oman's lawyer alleges the two officers "intentionally pointed and aimed their firearms directly at Mr. Oman's face, head, and torso." 

The lawsuit says Noor had his firearm out for approximately 30 seconds and Schmidt had his firearm out for approximately 90 seconds. 

During the stop, Noor and Schmidt cited Oman for failure to obey a traffic control device and failure to obey to signal. The two citations were eventually dismissed. 

Oman's attorney also claims the city knew Noor presented a "safety risk to the general public." 

The lawsuit cited Noor's psych evaluation, which said he showed symptoms that "may be incompatible with public safety requirements" and are "very uncommon among police officer candidates." 

The lawsuit seeks damages greater than $50,000.

Noor was found guilty of murder in the third degree and manslaughter in the second degree in the death of Justine Ruszczyk Damond in April. He is expected to be sentenced on June 7. 

The City of Minneapolis issued a statement regarding the lawsuit, saying "The city is reviewing and will be defending against the suit."


Copyright 2021 - KSTP-TV, LLC A Hubbard Broadcasting Company

At least 3 dead after Amtrak train derails in Montana

Man dead after shooting in Longfellow neighborhood of Minneapolis

St. Cloud State student-athlete suspended after 'off-campus incident' with other student

Advocates call for more resources for homeless as winter weather nears

As Shiloh Temple celebrates 90 years in Minneapolis, congregation looks toward future

Vigil held for man shot, killed at St. Paul gas station