Ramsey County Sues DHS Over Withheld Evidence in Metro Surge Detention
Associate Editor Jasmine McBride reports on a federal lawsuit filed July 15 by Ramsey County Attorney John Choi and Sheriff Bob Fletcher against the Department of Homeland Security, accusing the agency of illegally withholding evidence needed to investigate the January detention of ChongLy "Scott" Thao, a U.S. citizen with no criminal history. The suit follows a monthslong effort to obtain records through a formal Touhy demand, which ICE stopped responding to after a May 29 deadline, and mirrors a similar lawsuit by Hennepin County that recently prompted federal officials to begin sharing information.
Ramsey County Attorney John Choi and Ramsey County Sheriff Bob Fletcher filed a federal lawsuit July 15 against the U.S. Department of Homeland Security, accusing the agency of illegally withholding evidence needed to investigate the detention of a St. Paul man during Operation Metro Surge.
The suit seeks to force DHS to hand over records related to the Jan. 18 detention of ChongLy “Scott” Thao, a 56-year-old U.S. citizen with no criminal history. Masked and armed individuals believed to be federal agents broke into Thao’s St. Paul home that afternoon, handcuffed him without a warrant and drove him around for about an hour before returning him, according to the complaint. Thao was wearing only shorts, Crocs and a baby blanket in 10-degree weather at the time.
“All that we wish is to simply do a proper investigation under Minnesota law to seek the truth, determine if any state laws were violated and uphold the rule of law without fear or favor,” Choi said at a press conference announcing the suit.
County investigators have not been able to identify the agents involved. Fletcher said his office has photographs from the scene and social media, along with license plate information, but the plates were later found swapped onto other vehicles.
The lawsuit follows a monthslong effort to obtain information. The Ramsey County Sheriff’s Office first requested records from ICE in February. A formal Touhy demand, the legal mechanism for compelling federal agencies to produce evidence for state investigations, followed in March. ICE requested extensions in April and May, then stopped responding after the final May 29 deadline passed.
“We don’t have a statement from the federal officer,” said Hao Nguyen, director of the county attorney’s office Trials Division, who is leading the case. “Not having it doesn’t allow us to clear them either.”
The complaint argues DHS’s silence violates the federal Administrative Procedure Act and the Tenth Amendment, which reserves police powers to the states. It follows a similar lawsuit by Hennepin County and the Minnesota Attorney General’s Office over federal officer-involved shootings during the same operation, a case that recently led federal officials to begin sharing information with state investigators.
The county attorney’s office is asking anyone who witnessed or experienced potential crimes by federal agents in Ramsey County to contact 911 or the non-emergency line for the relevant local law enforcement agency.
Jasmine McBride welcomes reader responses at jmcbride@spokesman-recorder.com.