Rachel Moran, a professor at the University of St. Thomas School of Law who researches use-of-force incidents and police accountability, spoke with WCCO-TV about Hennepin County Attorney Mary Moriarty’s push to obtain evidence from federal authorities in two recent shootings of Alex Pretti and Julio Cesar Sosa-Celis. Moran said the lack of access to key evidence is a “barrier,” but emphasized that any charging decision ultimately hinges on whether investigators can show the agents committed a crime under Minnesota’s state law governing when peace officers may use force.
From the story:
“Minnesota has a statute specifically about peace officers using force, and (prosecutors) have to decide, was this justified under our own state statute?” Moran said. “Then they also have to decide, are there federal immunity claims that could apply for the officers?”
Moran said the supremacy clause immunity can apply in some cases, specifically when federal officers are charged by a state.
“It’s really unusual,” Moran said. “It basically requires a federal judge to analyze, were the agents’ actions necessary and proper in carrying out their federal duties?”
Moran pointed to a case out of Texas from over a decade ago. She explained a local police officer, Charles Kleinert, was working on a federal task force at the time when he shot and killed a man. Ultimately, Moran says an immunity clause was invoked and charges filed against the officer were dismissed.
