to: tom.jensen@co.freeborn.mn.us,
pat.martinson@co.freeborn.mn.us,
andrew@uptownlawyer.com,
Scott.Golberg@co.steele.mn.us,
catherine.piepho@co.steele.mn.us
date: Jan 6, 2022, 11:42 AM
subject: Chapter 13 Data Request For Steele Co. And Freeborn Co. Contracts AKA Retainer Agreements With Koch & Garvis, LLC For Hanson V Thiele AKA Hanson V Freitag Et Al
mailed-by: gmail.com
Andrew Stanton Garvis, attorney for Steele Co. Sheriff Lon Thiele & Freeborn Co. Sheriff Kurt Freitag 612-827-8101:
Chapter 13 data request: Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format from your respective offices pursuant to 13.03 Subd. 3(e) and Gen. Rules Prac. Rule 14:
1. Koch & Garvis, LLC signed contract/retainer agreement with Steele County for legal services for Hanson v. Thiele aka Hanson v. Freitag et al.
2. Koch & Garvis, LLC signed contract/retainer agreement with Freeborn County for legal services for Hanson v. Thiele aka Hanson v. Freitag et al.
Terry Dean, Nemmers 320-283-5713
P.S. Would it or wouldn't it be a sanctionable offense for Assistant Attorney General Ed Stackmeyer to waste the court's valuable time by filing frivolous filings in Hanson v. Thiele aka Hanson v. Freitag et al? Was it or wasn't it Stackmeyer's duty to notify the Steele & Freeborn County Attorneys instead of the City of Albert Lea City Attorney?
P.S.S. Are you or clients worried that Hanson v. Thiele aka Hanson v. Freitag et al would be amended or a separate action might be initiated to address the diesel therapy treatment that Melissa Hanson was allegedly subjected to by your clients? Hmm? Inquiring minds want to know, don't they?
P.S.S.S. Will it or won't it affect the credibility of your clients when they both have a well-documented history of willfully refusing to comply with the Minnesota Government Data Practices Act? Hmm? Inquiring minds really want to know, don't they?
https://www.yourdictionary.com/diesel-therapy Diesel-therapy noun A form of punishment in which prisoners are shackled and transported long distances for days or weeks.
https://mn.gov/admin/data-practices/data/types/contracting/ Can requests for public data be made to the private contractor? Yes, if the public data are not available from the government entity or if it is specified in the contract that the private contractor will reply to data requests (Minnesota Statutes, section 13.05, subdivision 11(b)). The private party must fulfill data requests consistent with the time limits and copy cost requirements of the Data Practices Act (Advisory Opinion 10-024). The government entity continues to be responsible in making decisions about data classification. Unless the contract specifies otherwise, the government entity retains ultimate responsibility for responding even if the data are maintained by the private contractor (Advisory Opinions 09-022 and 09-003).
https://mn.gov/admin/data-practices/data/types/contracting/
CASE 0:21-cv-02651-NEB-LIB Doc. 2 Filed 12/15/21 Page 1 of 1 The Office of Minnesota Attorney General Keith Ellison helping people afford their lives and live with dignity and respect • www.ag.state.mn.us December 15, 2021 U.S. Magistrate Judge Leo I. Brisbois United States District Court 515 West 1st Street Room 412 Duluth, MN 55802-1397 Re: United States District Court District of Minnesota Hanson v. Thiele Court File No. 21-CV-02651 (NEB/LIB) (Attorney Substitution) Dear Magistrate Judge Brisbois: Please find, as an attachment to this letter, a letter, dated December 15, 2021, to the Albert Lea City Attorney's Office, asking that office to file a Notice of Appearance in this case on behalf of Respondent. Sincerely, s/Ed Stockmeyer ED STOCKMEYER Assistant Attorney General (651) 757-1247 (Voice) ( 651) 297-4348 (Fax) ed.stockmeyer@ag.state.mn.us Attachment cc: Kelly Martinez, Albert Lea City Attorney (w/attachment) Melissa L. Hanson 445 Minnesota Street, Suite 1400, St. Paul, MN 55101-2131 Office: (651) 296-3353 • Toll Free: (800) 657-3787 • Minnesota Relay: (800) 627-3529 An Equal Opportunity Employer Who Values Diversity • Printed on 30% Post-Consumer Material Paper
CASE 0:21-cv-02651-NEB-LIB Doc. 2-1 Filed 12/15/21 Page 1 of 1 The Office of Minnesota Attorney General Keith Ellison helping people afford their lives and live with dignity and respect • www.ag.state.mn.us December 15, 2021 Kelly Martinez Albert Lea City Attorney City Hall 221 East Clark Street Albert Lea, MN 56007 Re: Hanson v. Thiele Court File No. 21-CV-02651 (NEB/LIB) Dear Ms. Martinez: Enclosed please find a federal Petition for Writ of Habeas Corpus and accompanying documents in a case handled by the Albert Lea City Attorney. Because your office has an interest in these prosecutions, we are forwarding this matter to you. We generally do not handle these cases. Accordingly, we ask that you file a Notice of Appearance, letting the United States District Court know that you are the attorney of record for Respondent. By copy of this letter I am advising the Court that the Attorney General's Office does not represent the Respondent in this matter. Please do not hesitate to contact me if you have any questions or would like any sample habeas motions or briefs. Sincerely, s/Ed Stockmeyer ED STOCKMEYER Assistant Attorney General (651) 757-1247 (Voice) (651) 297-4348 (Fax) ed.stockmeyer@ag.state.mn. us Enclosures cc: Magistrate Judge Leo I. Brisbois (w/o encl.) Melissa L. Hanson (w/o encl.) 445 Minnesota Street, Suite 1400, St. Paul, MN 55101-2131 Office: (651) 296-3353 • Toll Free: (800) 657-3787 • Minnesota Relay: (800) 627-3529 An Equal Opportunity Employer Who Values Diversity • Printed on 30% Post-Consumer Material Paper
Thomas Jensen, Freeborn County Administrator 507-377-5115 & Pat Martinson, Freeborn Auditor - Treasurer 507-377-5121:
Chapter 13 data request: Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format from your respective offices pursuant to 13.03 Subd. 3(e) and Gen. Rules Prac. Rule 14:
1. Appointment of Freeborn County Minnesota Government Data Practice Act Responsible Authority and Compliance Official.
2. Signed contract/retainer agreement with Koch & Garvis, LLC for legal services for Hanson v. Thiele aka Hanson v. Freitag et al.
Terry Dean, Nemmers 320-283-5713
P.S. Does Freeborn County have any plans to illegally withhold Melissa Hanson's Chapter 13.04 Subject Data from her? Hanson's Chapter 13.04 Subject Data would substantiate allegation of diesel therapy aka torture being inflicted upon Hanson, correct?
P.S.S. Can you explain to me why oh why Freeborn Co. Sheriff Kurt Freitag is willfully refusing to respond to my most recent Chapter 13 Data Request? Can you also explain why Freeborn Co. Sheriff Kurt Freitag is illegally withholding data from me aka deputy data related to the 02-03-21 COVID-19 superspreader event hosted by City of Albert Lea City Attorney Kelly Martinez? (Agency ALPD Albert Lew PD Incident # 202100003681 Case# CALL FOR SERVICE Activity ALARM Alarm, Burlary Or Robber Priority 2 ASAP Common Place City Hall Blotter: city attorney office alarm 210 no bwc all 10-2 326 bwc 102 BWC 209bwc 211 BWC)
Government entities should respond in one of three ways 1. Provide access to the data (and copies when requested) 2. Inform you the data are classified as not public (must give statute section) 3. Inform you the data do not exist • Not responding is not a proper response. Minnesota Department of Administration - Information Policy Analysis Division - Can I ask for that? Government Data Practices Minnesota Statutes, Chapter 13 page 12.
https://www.revisor.mn.gov/statutes/cite/13.03 13.03 ACCESS TO GOVERNMENT DATA. Subd. 3. Request for access to data. Subd. 12. Pleadings. Pleadings, as defined by court rule, served by or on a government entity, are public data to the same extent that the data would be public if filed with the court.
Hanson was initially booked into the Freeborn County Jail, but then was moved to the Steele County Jail the day after her sentencing. Monday morning, following obtaining her signature on a writ of habeas corpus, Hanson was moved back to Freeborn County Jail, which made the original writ of habeas corpus, filed for Steele County, invalid. A second was filed on Tuesday, involving both counties of Steele and Freeborn, rather than just Steele. The circumstances surrounding her transfer are unknown. The habeas corpus now lists both Sheriff Kurt Freitag, with Freeborn County, and Sheriff Lon Thiele, with Steele County. EXCLUSIVE: Lisa Hanson Files Writ of Habeas Corpus with United States District Court of Minnesota December 15, 2021 Hayley Feland
https://theminnesotasun.com/2021/12/15/exclusive-lisa-hanson-files-writ-of-habeas-corpus-with-united-states-district-court-of-minnesota/
318.1.1 STANDARDS OF CONDUCT FOR PEACE OFFICERS The Freeborn County Sheriff's Office adopts the Professional Conduct of Peace Officers model policy established and published by the Minnesota Board of Peace Officer Standards and Training Board (POST) (Minn. Stat. § 626.8457). This model policy applies to all peace officers of this office. See attachment: MN POST Professional Conduct of Peace Officers Model Policy.pdf The provisions of this policy are in addition to collective bargaining agreements or any other applicable law (see generally Minn. R. 6700.1500). The Office shall report annually to POST any data regarding the investigation and disposition of cases involving alleged misconduct of deputies (Minn. Stat. § 626.8457, Subd. 3). Page 154. Policy 318 Standard of Conduct Freeborn County Sheriff's Office Freeborn Cnty SO Policy Manual
A. PRINCIPLE ONE Peace officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. 1. Rationale: Peace officers conduct their duties pursuant to a grant of limited authority from the community. Therefore, officers must understand the laws defining the scope of their enforcement powers. Peace officers may only act in accordance with the powers granted to them. 2. Rules a) Peace officers shall not knowingly exceed their authority in the enforcement of the law. b) Peace officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of informants, and preservation of evidence, except where permitted in the performance of duty under proper authority. c) Peace officers shall not knowingly restrict the freedom of individuals, whether by arrest or detention, in violation of the Constitutions and laws of the United States and the State of Minnesota. d) Peace officers, whether on or off duty, shall not knowingly commit any criminal offense under any laws of the United States or any state or local jurisdiction. Page 685. Attachment MN POST Professional Conduct of Peace Officers Model Policy.pdf Freeborn Cnty SO Policy Manual Freeborn Cnty SO Policy Manual
Scott Golberg, Steele Co. Administrator 507.444.7431 & Catherine Piepho, Treasurer 507-444-7420:
Chapter 13 data request: Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format from your respective offices pursuant to 13.03 Subd. 3(e) and Gen. Rules Prac. Rule 14:
1. Appointment of Steele County Minnesota Government Data Practice Act Responsible Authority and Compliance Official.
2. Signed contract/retainer agreement with Koch & Garvis, LLC for legal services for Hanson v. Thiele aka Hanson v. Freitag et al
Terry Dean, Nemmers 320-283-5713
P.S. Does Steele County have any plans to illegally withhold Melissa Hanson's Chapter 13.04 Subject Data from her? Hanson's Chapter 13.04 Subject Data would substantiate allegation of diesel therapy aka torture being inflicted upon Hanson, correct?
P.S.S. Can you explain to me why oh why your Steele Co. Sheriff Lon Thiele would illegally withhold the jail rosters from me that correspond to Melissa Hanson's stay at the Steele Co. jail?
A response five weeks later is neither prompt nor reasonable. Although the Department did not provide information about its data practices policies and procedures, in instances like this one, those procedures ought to provide for a response within a matter of days, not weeks. Advisory Opinion 95-042. October 31, 1995; Minnesota Department of Children, Families and Learning. October 31, 1995 | Inspection, Response to data requests, Statutory construction (Ch. 645)
https://mn.gov/admin/data-practices/opinions/library/?id=36-267796
321.1.1 STANDARDS OF CONDUCT FOR PEACE OFFICERS The Steele County Sheriff's Office adopts the Professional Conduct of Peace Officers model policy established and published by the Minnesota Board of Peace Officer Standards and Training Board (POST) (Minn. Stat. § 626.8457). This model policy applies to all peace officers of this office. See attachment: MN POST Professional Conduct of Peace Officers Model Policy.pdf The provisions of this policy are in addition to collective bargaining agreements or any other applicable law (see generally Minn. R. 6700.1500). The Office shall report annually to POST any data regarding the investigation and disposition of cases involving alleged misconduct of deputies (Minn. Stat. § 626.8457, Subd. 3). Page 155. Policy 321 Steele County Sheriff's Office Steele County SO Policy Manual
A. PRINCIPLE ONE Peace officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. 1. Rationale: Peace officers conduct their duties pursuant to a grant of limited authority from the community. Therefore, officers must understand the laws defining the scope of their enforcement powers. Peace officers may only act in accordance with the powers granted to them. 2. Rules a) Peace officers shall not knowingly exceed their authority in the enforcement of the law. b) Peace officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of informants, and preservation of evidence, except where permitted in the performance of duty under proper authority. c) Peace officers shall not knowingly restrict the freedom of individuals, whether by arrest or detention, in violation of the Constitutions and laws of the United States and the State of Minnesota. d) Peace officers, whether on or off duty, shall not knowingly commit any criminal offense under any laws of the United States or any state or local jurisdiction. Page 569. Attachment MN POST Professional Conduct of Peace Officers Model Policy.pdf Steele County SO Policy Manual Steele County SO Policy Manual
https://www.pacermonitor.com/public/case/42939573/Hanson_v_Thiele
Hanson v. Thiele
Minnesota District Court
Judge: Nancy E Brasel
Referred: Leo I Brisbois
Case #: 0:21-cv-02651
Nature of Suit 530 Prisoner Petitions - Habeas Corpus - General
Cause 28:2241 Petition for Writ of Habeas Corpus (federa
Case Filed: Dec 13, 2021
Docket
Docket last updated: 7 hours ago
Wednesday, January 05, 2022
4 notice Notice of Appearance Wed 01/05 11:15 AM
NOTICE of Appearance by Andrew S Garvis on behalf of All Defendants. (Garvis, Andrew)
Wednesday, December 15, 2021
2 misc Letter to Magistrate Judge Wed 12/15 9:33 AM
LETTER TO MAGISTRATE JUDGE by Lon Thiele Attorney Substitution .(Stockmeyer, Edwin)
Att: 1 Cover Letter Attorney Substitution
Tuesday, December 14, 2021
3 cmp Amended Petition (in a Civil Case) Wed 12/15 12:08 PM
AMENDED PETITION for Writ of Habeas Corpus against Lon Thiele and Sheriff Kurt Freitag filed by Melissa Lynn Hanson. No summons requested. (MKB)
Att: 1 Attachment,
Att: 2 Exhibit(s) A,
Att: 3 Exhibit(s) B,
Att: 4 Exhibit(s) C,
Att: 5 Exhibit(s) D,
Att: 6 Exhibit(s) E,
Att: 7 Exhibit(s) F
Monday, December 13, 2021
1 cmp Petition for Writ of Habeas Corpus Mon 12/13 12:48 PM
PETITION for Writ of Habeas Corpus (filing fee $5, receipt number 34641016375) filed by Melissa Lynn Hanson. Case assigned to Judge Nancy E. Brasel per 3rd/4th Prisoner list, referred to Magistrate Judge Leo I. Brisbois. (NAH)
Att: 1 Exhibit(s) A,
Att: 2 Exhibit(s) B,
Att: 3 Exhibit(s) C,
Att: 4 Exhibit(s) D,
Att: 5 Exhibit(s) E,
Att: 6 Exhibit(s) F,
Att: 7 Civil Cover Sheet
Attachments: Automatic reply Chapter 13 Data For Melissa Hanson Related Data Freitag Subjecting Prisoner Lisa Hanson To Diesel Therapy122921_1008am.pdf, Chapter 13 Data For Melissa Hanson Related Data Freitag Subjecting Prisoner Lisa Hanson To Diesel Therapy122921_1007am.pdf, Why Is Nemmers Still Being Harassed By Steele County Over Readily Available Free Electronic Data For Petition For Writ Of Habeas Corpus123021_729am.pdf
More to come ...
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