MINNEAPOLIS – On Friday, Sept. 18, a Federal Court dismissed Tincher v. Mullin. This case was brought by the ACLU-MN and pro-bono partners on behalf of protesters, observers, and journalists who were stopped, arrested, brutalized, and detained in the course of exercising their First Amendments Rights during Operation Metro Surge.
The ACLU-MN is disappointed in the court’s decision that plaintiffs lack standing to seek injunctive relief, and we will use every tool at our disposal to continue seeking accountability for the plaintiffs and declarants.
Tincher v. Mullin (then Tincher v. Noem) was filed by the ACLU-MN and pro bono partners Ciresi Conlin, Forsgren Fisher, and Riach Law on Dec. 17, 2025, as Operation Metro Surge was intensifying. In response to unlawful attacks on their neighbors, community members showed up to observe and protest. Federal agents countered their dissent with intimidation and force clearly intended to interfere with people’s exercise of free speech and their right to peaceably assemble and express disagreement with the government.
Susan Tincher, the named plaintiff in Tincher v. Mullin, awoke on Dec. 9 to a notification that an ICE detainment was happening blocks from her house. She quickly drove to the location of the ICE activity and stood on a public street without interfering with the agents. When Tincher asked, “are you ICE,” agents grabbed her, slammed her face-first into the snow and detained her. She was brought to the Whipple Federal building where agents cut off her wedding ring and some of her clothing. Hours after being detained, Tincher was released without charges or an explanation for her arrest.
Tincher’s story is just one of the hundreds that the ACLU-MN received from Minnesotans during Operation Metro Surge. And, while the government declared an end to the operation, we continue to receive reports of federal agents arresting and detaining our neighbors violating Minnesotan’s rights.
“We are reviewing this decision and assessing our next steps,” said Teresa Nelson, ACLU-MN Legal Director. “The plaintiffs and declarants in Tincher v. Mullin were gravely harmed by federal immigration enforcement, and they came forward to tell their stories — despite the federal government's attempts to silence their dissent. We will not stop fighting for them, and for everyone harmed by Operation Metro Surge, until the government answers for its violent, unconstitutional assault on Minnesotans. This fight is not over.”
The ACLU-MN has filed more than fifteen notices under the Federal Tort Claims Act (FTCA) seeking accountability and damages on behalf of individuals harmed by federal agents during Operation Metro Surge, including plaintiffs and declarants in Tincher v. Mullin.
“The Federal Tort Claims Act cannot prevent future harm, but it does provide a pathway for individuals to sue the federal government for harms that have already occurred,” said ACLU-MN Deputy Legal Director Catherine Ahlin-Halverson. “It is an imperfect tool, but we are prepared to use every avenue available to demand accountability for what our neighbors experienced.”
Related Content
Tincher v. Noem et al.
Stay Informed
Sign up to be the first to hear about how to take action.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.