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By Jenna Sundel
News Reporter
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A Supreme Court ruling from last year could play a role in determining whether an ICE agent can be held responsible for the fatal shooting of a woman in Minneapolis on Wednesday, if the death results in legal action.
In Martin v. United States, the Supreme Court ruled that the Federal Tort Claims Act is the "exclusive remedy" for claims of damages arising from the conduct of federal employees. The law includes a "law enforcement proviso," allowing lawsuits against law enforcement officers to proceed in some specific instances, but the Court said the petitioners' arguments for broader application of the proviso were "unpersuasive."
"That statute makes it harder to make a successful claim against a federal official who is being sued. It places onerous burdens on the plaintiffs, including requiring them, among other things, to prove the federal official was negligent in the discharge of their employment," Michael Gerhardt, the Burton Craige distinguished professor of jurisprudence at the University of North Carolina, told Newsweek.
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Gerhardt said the law makes law enforcement liable for intentional wrongful actions.
"The government will argue that there was an immediate threat to the agent’s life and the killing was the only way to thwart it. The evidence that is public shows the agent’s life was not in immediate danger and that the agent had enough time not just to get out of the way but to position himself so that he kill the driver. That strikes me as either negligence or an intentional tort," Gerhardt said.
The Department of Homeland Security said on Wednesday that one of several "violent rioters" attempted to "run over our law enforcement officers in an attempt to kill them—an act of domestic terrorism." The agency said the ICE officer, "fearing for his life, the lives of his fellow law enforcement and the safety of the public, fired defensive shots."
Why It Matters
The Supreme Court precedent lays out the legal standard for whether law enforcement can be held liable in court, a question at the center of Wednesday’s shooting in Minneapolis.
The Court also addressed the liability of law enforcement in the 1989 decision in Graham v. Connor. In that ruling, the Supreme Court held that all claims that law enforcement officials have used excessive force, both deadly and nondeadly, during an arrest, investigatory stop or other "seizure" of a free citizen must be analyzed under the Fourth Amendment's "objective reasonableness" standard. The standard is defined as whether the officers' actions are "objectively reasonable" in light of the facts and circumstances confronting them, and it must be judged from the perspective of a reasonable officer on the scene.
The Court said the test should also consider that law enforcement officers "are often forced to make split-second decisions about the amount of force necessary in a particular situation."
"The biggest difference with the Graham case is that involved local officials and was brought under section 1983, while the current [case] involves federal officials and a different statute with different standards," Gerhardt said.
What To Know
Renee Nicole Good, 37, was fatally shot by an ICE officer during a traffic stop in a residential neighborhood in Minneapolis on Wednesday.
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Her killing was captured on video by witnesses. A large group of protesters gathered in Minneapolis after the shooting.
The shooting came amid a series of immigration enforcement operations in major cities under President Donald Trump’s administration.
Homeland Security Secretary Kristi Noem said the incident was an "act of domestic terrorism" carried out against ICE officers by a woman who "attempted to run them over and rammed them with her vehicle. An officer of ours acted quickly and defensively, shot, to protect himself and the people around him."
Minneapolis Mayor Jacob Frey said the officer was not acting in self-defense.
"They are already trying to spin this as an action of self-defense. Having seen the video myself, I wanna tell everybody directly, that is b*******," Frey said.
What People Are Saying
President Donald Trump, on Truth Social: "The woman driving the car was very disorderly, obstructing and resisting, who then violently, willfully, and viciously ran over the ICE Officer, who seems to have shot her in self-defense. Based on the attached clip, it is hard to believe he is alive, but is now recovering in the hospital. The situation is being studied, in its entirety, but the reason these incidents are happening is because the Radical Left is threatening, assaulting, and targeting our Law Enforcement Officers and ICE Agents on a daily basis. They are just trying to do the job of MAKING AMERICA SAFE. We need to stand by and protect our Law Enforcement Officers from this Radical Left Movement of Violence and Hate!"
Minnesota Governor Tim Walz, on X: "I’ve seen the video. Don’t believe this propaganda machine. The state will ensure there is a full, fair, and expeditious investigation to ensure accountability and justice."
In a statement Wednesday on X, Homeland Security said: "Today, ICE officers in Minneapolis were conducting targeted operations when rioters began blocking ICE officers and one of these violent rioters weaponized her vehicle, attempting to run over our law enforcement officers in an attempt to kill them—an act of domestic terrorism.
"An ICE officer, fearing for his life, the lives of his fellow law enforcement and the safety of the public, fired defensive shots. He used his training and saved his own life and that of his fellow officers. The alleged perpetrator was hit and is deceased. The ICE officers who were hurt are expected to make full recoveries.
"This is the direct consequence of constant attacks and demonization of our officers by sanctuary politicians who fuel and encourage rampant assaults on our law enforcement who are facing 1,300% increase in assaults against them and an 8,000% increase in death threats. This is an evolving situation, and we will give the public more information as soon as it becomes available."
What Happens Next
It remains unclear whether the shooting will result in legal action.
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