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The Minnesota Court of Appeals ruled Monday that the City of Minneapolis is not obligated to provide a legal defense for five police officers accused of using excessive force during the 2020 George Floyd protests. The court found evidence that the officers acted in “bad faith” and violated department policies, exempting the city from its usual duty to defend or indemnify employees.

Judge Elizabeth Bentley, writing for a three-judge panel, cited body-camera footage showing officers firing pepper spray and 40mm rounds indiscriminately at civilians outside a Lake Street gas station on May 30, 2020. One officer was recorded instructing others to “hammer” the first people they saw, while another, Sgt. Ronald Stenerson, sprayed a Vice News reporter who had identified himself as press. Stenerson was later fired.

The plaintiffs allege they were guarding a looted store when police opened fire without warning. Their attorney, Eric Rice, said they will continue pursuing claims against both the officers and the city.

The ruling relieves Minneapolis taxpayers from potentially costly settlements but may limit victims’ ability to recover damages, as collecting from individual officers is more difficult.

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