(CN) — Minnesota police unions and groups filed a lawsuit Friday seeking to overturn a recent state law that altered the standard for justified use of deadly force.
The law was passed in 2020 after the death of George Floyd and enacted in March. The groups claim the law, which requires officers to “articulate with specificity” their justification for deadly force, forfeits their Fifth Amendment right against self incrimination.
The new standards restricted when deadly force can be used and can only be considered justified when used to prevent harm or death to a law enforcement officer or citizen. The police groups say officers haven’t been given enough time to be trained on the new rules.
“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,” Minnesota Chiefs of Police Association Executive Director Jeff Potts said in a statement. “The law must be constitutional in order to ensure a transparent process and a just outcome for everyone involved in these types of cases.”
The lawsuit was filed by the Minnesota Chiefs of Police Association, the Minnesota Sheriffs’ Association, the Minnesota Police and Peace Officers Association and Law Enforcement Labor Services in Ramsey County and names Governor Tim Walz and the state as defendants.
“Our office is reviewing the lawsuit and will work with the Legislature to determine whether clarifying language is necessary,” a spokesperson for Walz said.
The law was passed last year in an effort to increase police accountability following the murder of George Floyd by former Minneapolis police officer Derek Chauvin.
The law enforcement groups say officers are afforded less rights due to the new standards.
“The right to self-defense is embodied in centuries of Anglo-American law and non-police officers presenting an affirmative defense of self-defense to a charge of the unauthorized use of deadly force maintain their constitutional rights not to testify. Therefore, a police officer faced with the same circumstances as a non-police officer is afforded fewer rights than a similarly situated civilian,” the complaint states.
Democratic state Rep. Carlos Mariani said in an interview with Minnesota Public Radio that he and the police groups had a hand in writing the new standard.
“The standard itself was pretty carefully negotiated last summer with law enforcement at the table every single step of the way,” Mariani said. “What became law was language that law enforcement representatives helped to shape and they signed off on.”
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