Ramsey County sues DHS over Thao investigation records

Ramsey County Attorney John Choi and Ramsey County Sheriff Bob Fletcher have filed a federal civil action in the District of Minnesota against the U.S. Department of Homeland Security seeking access to the evidence necessary to investigate the incident involving ChongLy Scott Thao.

On Jan. 18, several individuals presumed to be DHS agents entered Thao’s St. Paul home, handcuffed him and removed him from his home. Thao, a U.S. citizen, was wearing only a pair of shorts and Crocs in sub-freezing weather. He was then driven around in a vehicle and identified and questioned for about one hour before they returned him to his home. The lawsuit says there is no indication the officers had a warrant for entry or arrest.

According to a news release from Choi’s office, the identity of the officers involved has not been ascertained. Ramsey County Sheriff investigators were able to identify the vehicle involved in this incident, however the identified license plates were swapped to another vehicle after the incident, Choi’s office said. The lead investigator requested all pertinent information from Immigration and Customs Enforcement officials but was denied.

On March 23, the Ramsey County Attorney’s Office sent a formal request, a “Touhy Demand,” to the Department of Homeland Security. A Touhy Demand is the method prescribed by law for requesting information from federal agencies in these types of cases.

The County Attorney’s Office has received none of the information requested nor any explanation for withholding it.

“As plaintiffs, we seek declaratory and injunctive relief to set aside Defendants’ unlawful noncooperation and their refusal to comply with lawful and legitimate investigative demands,” said Choi. “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.”