In June 2022, Derrick Gilbert was walking to his job in Willmar, Minnesota, when Officer Christopher Flatten mistook him for Sammy Price, a man with an open warrant. Flatten approached Gilbert, calling him Price. Despite Gilbert's denial, Flatten persisted. Three more officers joined Flatten, wrestling Gilbert to the ground, cutting his backpack straps, and handcuffing him.
Gilbert's driver's license revealed he was not Price. Flatten then arrested him for "obstructing legal processes" and took him to Kandiyohi County Jail, from which he was released later that day.
The American Civil Liberties Union (ACLU) of Minnesota filed a civil lawsuit against Flatten and the Willmar Police Department, alleging Gilbert was unlawfully arrested "for walking while Black." The lawsuit claims Gilbert was slammed to the ground, threatened with a Taser, and cuffed painfully, all without probable cause.
The ACLU argues that given Flatten's recent encounters with Price, he should have recognized he was pursuing the wrong person. "There's no conceivable way that he thought this was Sammy Price," said Ian Bratlie, lead attorney for the ACLU. The lawsuit emphasizes that Price is significantly different in age, height, weight, and appearance from Gilbert.
The obstruction charges against Gilbert were dismissed in December 2022, but not before he missed a week of work and made several court appearances. The lawsuit seeks compensatory damages exceeding $50,000 and reimbursement for attorney fees. The ACLU intends to amend the complaint to include punitive damages.
"Sadly, what Mr. Gilbert went through isn't uncommon for Black men in America," stated Teresa Nelson, ACLU of Minnesota's legal director. Nelson condemned Flatten's actions as "grotesque and baseless under Minnesota law."
Flatten, and the Willmar Police Department denied the allegations, asserting that Flatten acted in good faith, believing Gilbert was Price. They argue the initial stop and arrest were justified, citing Gilbert's hostile behavior and refusal to identify himself.
In response to a separate complaint filed by Gilbert with the Minnesota Department of Human Rights, the city of Willmar, represented by attorney Julia Kelly, claimed, "Mr. Gilbert was not discriminated against. This is simply a case of mistaken identity."
The lawsuit highlights the police department's updated impartial policing policy, which states that racial profiling does not include using race or ethnicity to determine if a person matches a suspect's description. Flatten, who has since joined the Kandiyohi County Sheriff's Office, left the Willmar police force citing frustrations over contract negotiations.
Gilbert's case with the Minnesota Department of Human Rights remains open, with the civil lawsuit assigned to Judge Benjamin Wilcox.
Link: WCTRIB
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