MINNEAPOLIMEDIA NEWS | Federal Judge Dismisses Lawsuit Over Force Used Against Operation Metro Surge Protesters and Observers

MINNEAPOLIS, MN (September 22, 2026). A federal judge has dismissed a lawsuit accusing immigration agents of using excessive force, unlawful detention and retaliation against protesters, legal observers and journalists during Operation Metro Surge, ruling that the plaintiffs could no longer demonstrate an immediate threat of future injury.

U.S. District Judge Katherine Menendez granted the federal government’s motion to dismiss the case Friday. The decision did not determine that the alleged incidents never occurred or that the challenged conduct was lawful.

Instead, the ruling centered on whether the plaintiffs continued to have legal standing to seek forward-looking court relief after the federal government reduced its Minnesota deployment and ended the large-scale operation.

The lawsuit accused Department of Homeland Security personnel of using chemical irritants, pepper spray, intimidation, detention and other force against people who were protesting or documenting federal immigration activity.

Menendez issued a preliminary injunction in January after reviewing numerous accounts involving protesters and observers. At the time, she concluded that the record contained repeated allegations of people being stopped, detained, sprayed or otherwise subjected to retaliation while exercising First Amendment rights.

A federal appellate court later reversed the injunction.

The plaintiffs filed an amended complaint supported by more than 100 affidavits, but the government argued that the conclusion of Operation Metro Surge changed the circumstances underlying the case.

Menendez agreed that the substantial reduction in federal personnel and changes in enforcement tactics prevented the plaintiffs from showing that they remained in immediate danger of experiencing the same alleged conduct.

The court also denied the plaintiffs’ request for jurisdictional discovery. That process could have required the government to produce policies, internal communications and other records related to the operation.

The ACLU of Minnesota expressed disappointment with the decision and said it was evaluating its next steps.

The organization said the lawsuit sought relief for protesters, observers and journalists who reported being stopped, arrested, detained, assaulted or exposed to chemical munitions while exercising constitutional rights.

Menendez left one limited avenue open. A named plaintiff who alleged that the Department of Homeland Security branded him a domestic terrorist may file a separate lawsuit setting out those allegations.

The dismissal is significant because it closes one of the principal lawsuits seeking prospective restrictions on federal agents’ treatment of protesters and observers during the Minnesota enforcement operation.

It does not automatically prevent individuals from pursuing separate claims for damages arising from particular encounters. Such cases would have to satisfy different legal and evidentiary requirements.

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