Minnesota Lawyer
Settlements
Capella University, based in Minneapolis, has settled a lawsuit in which the online, for-profit institution was accused of misleading students about time and cost to complete a doctoral degree. Thousands of students were allegedly strung along with unnecessary hurdles that delayed graduation. Students who dropped out of Capella’s nursing and education programs filed a class-action suit back in 2018, with new plaintiffs added in 2020. Although the civil case was closed, details were not disclosed.
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Target Corp. has settled a lawsuit filed by several county prosecutors in California. Plaintiffs determined that prices posted for certain items on the Target app changed when a customer entered a Target store. The lawsuit alleged that customers were overcharged in the app. As part of the settlement, Target will pay $5 million in civil penalties. Target is also prohibited from using geofencing to change prices on the app or website when a customer approaches the store. “With this latest lawsuit, we’re continuing to protect consumers and their hard-earned money, as well as ensuring that Target is held responsible when it violates the law,” said San Diego County District Attorney Summar Stephan.
Depositphotos.com image
Sentences
An Illinois man has been sentenced to 20 years in federal prison for sex trafficking one woman and transporting another to engage in prostitution. In 2019, Bloomington Police Department was dispatched to the La Quinta Inn in Bloomington following a report that a guest heard yelling and a body being thrown against a wall. Officers encountered two victims, one of whom told officers she was choked and had her head bashed into a towel rack after she told the man she wanted to stop participating in commercial sex work. Police arrested Darnell Deshawn Stennis. Stennis continued to force the first victim to perform commercial sex acts for several months, even after being arrested, by threatening her with violence. “Sex trafficking is an insidious crime that causes lasting physical and emotional trauma,” U.S. Attorney Andrew Luger declared. Stennis was convicted by a federal jury on two counts of sex trafficking, two counts of transporting an individual to engage in prostitution, and one count of obstruction.
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A former substitute teacher in Carver County was sentenced to 40 years in federal prison for “sextortion.” Mitchell James Ottinger used false online personas to get sexually explicit images and videos of both minors and adults. Once he obtained those, he used the images and videos he had to get more images and videos, threatening to disseminate what he already had. Forty-two people, including 23 minors, were victimized by Ottinger. Some of the victims were from the school district where he worked. “Sextortion is a crime that can victimize any child and the FBI will continue to work with our partners and in our communities to make sure our children know that help is available and that we will spare no effort in hunting down predators,” FBI Special Agent Michael Paul avowed.
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Eric Michael Dungy has been sentenced to 20 years in federal prison for selling methamphetamine out of hotel rooms in the Twin Cities metro area. He was encountered by police in the parking lot of the Element Hotel in Bloomington in September 2020. Officers found $16,621 in cash, heroin, and methamphetamine on his person and in his car, and an additional 5.5 pounds of methamphetamine in his hotel room. Dungy was released on bail in November 2020. While out on bail, he agreed to sell three pounds of methamphetamine for $15,000 to an undercover officer. He pleaded guilty on October 18, 2021, to two counts of possession with intent to distribute methamphetamine.
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Nicholas William Steffel, of Olivia, Minnesota, has been sentenced to 270 days in jail for secretly videotaping women showering at a hog farm. Six women were filmed in the nude through a window in the shower of his farm. Steffel kept video and images of the women. There is also a civil lawsuit, which is pending, filed by women who allege they were videotaped without their knowledge. It names Steffel as well as Schwartz Farms as defendants. In response to this case, two Minnesota legislators—Rep. Tim Miller and Sen. Andrew Lang—have introduced legislation to extend the current statute of limitations, which is only three years. Under Miller’s and Lang’s bill, that time period would extend the time period to three years from discovery of the recordings, not the date of the recordings.
Virginia McCalmont (left) and Caitlinrose Fisher
Reversal
Forsgren Fisher announced a 9th Circuit win in the case of Downey v. Snohomish County Sheriff’s Office, which was remanded for further proceedings. In the case, a man lost one of his legs in a motorcycle accident and was repeatedly denied access to accommodations while housed as a pretrial detainee at Snohomish County Jail, which is located in Washington state. The 9th Circuit appointed Forsgren Fisher partners Virginia McCalmont and Caitlinrose Fisher to represent Downey. McCalmont and Fisher argued that the district court overlooked significant record evidence which supported Downey’s position. “When Dylan Downey was housed in jail facilities that were not equipped to accommodate his physical disability, he was deprived of some of life’s most basic necessities—like the ability to shower…We’re thrilled that Mr. Downey will have the chance to present his claims to a jury,” Calmont said.
New oversight process announced
On April 21, the ACLU of Minnesota announced that it had won an oversight process for journalists who were hurt by Minnesota State Patrol while covering the Daunte Wright and George Floyd protests. U.S. Magistrate Judge David Schultz has appointed Twin Cities lawyers Clifford Greene and James Welna to oversee the complaint investigation process. The deadline for journalists to submit that claim is October 19, 2022. Teresa Nelson, legal director of the ALCU of Minnesota, states, “The media must be free to report on protests and law enforcement’s conduct rather than being met with violence and threats. The ACLU-MN will keep fighting to hold MPD and the Hennepin County Sheriff’s Office accountable for their mistreatment of reporters too.” In the new oversight process, the independent expert reviewers will review handling of the complaints submitted to the Minnesota Department of Public Safety’s Internal Affairs Unit, who will produce a public report analyzing the process, suggest changes, and include the number of complaints. This review process is part of the settlement reached between the ACLU of Minnesota and the State Patrol, which included damages for plaintiffs and an injunction preventing the State Patrol from threatening and detaining journalists for doing their jobs.
Andrew Luger
Federal violent crime strategy announced
On May 3, U.S. Attorney Andrew Luger announced a new federal strategy to address the uptick in violent crime in the Twin Cities. The strategy will establish expanded capacity within the U.S. Attorney’s Office to prosecute violent crime cases. To this end, every federal prosecutor in the office will take on violent crime cases. Additionally, the office will hire additional prosecutors. Carjacking cases, firearms trafficking cases, illegal possession of firearms and ammunition, and straw purchasing cases will take priority. “Every Minnesotan deserves the right to live safely and securely, without fear of shootings, car jackings, and violence.” This new strategy is designed to bring swift justice to our communities and to the victims of violent crimes. But it is also designed as a signal to violent offenders to stop,” said Luger.
