Family of Ricky Cobb II files lawsuit against Minnesota state troopers in shooting

The family of Ricky Cobb II announced Wednesday that they're suing two Minnesota State Patrol troopers involved in his fatal shooting during a traffic stop in Minneapolis last summer.

At a press conference surrounded by attorneys and activists, Cobb's parents made the civil litigation official, although attorneys for the family made clear early on that civil action was looming. Allegations outlined in the federal lawsuit accuse the troopers of violating Cobb's civil rights through unreasonable seizure and excessive use of force resulting in Cobb's death.

Cobb, 33, was shot by Trooper Ryan Londregan the night of July 31 on Interstate 94 in north Minneapolis. Londregan and his colleague, Brett Seide, are both named as defendants in the lawsuit filed in U.S. District Court of Minnesota. Londregan is also charged in Hennepin County District Court with second-degree unintentional murder, manslaughter and first-degree assault for firing his service weapon and striking Cobb twice in the torso after Cobb shifted the vehicle into drive as troopers attempted to remove him from the vehicle. Londregan's attorney, Chris Madel, argues that Londregan used deadly force to protect himself and Seide.

National civil rights attorneys Bakari Sellers, of South Carolina, Harry Daniels, of Georgia, and F. Clayton Tyler, of Minnesota, jointly filed the lawsuit Wednesday on behalf of Cobb's mother, Nyra Miller-Fields, who is the personal representative of Cobb's estate. It comes two months after Cobb's attorneys sent a letter to the state seeking $25 million for Cobb's death.

The lawsuit accuses the troopers of unreasonably seizing Cobb by ordering him out of his vehicle and refusing to explain whether he was under arrest or the reason why he was being detained. It also claims that the force used in the seizure was excessive, unjustifiable and unlawful.

At the traffic stop, troopers attempted to remove Cobb from his vehicle after learning he'd been accused of violating a domestic order for protection. The Ramsey County Sheriff's Office issued a 72-hour request for agencies to pick up and hold Cobb. The request, which is not a warrant but grants law enforcement probable cause to detain, was set to expire later that morning of the traffic stop. The order for protection was filed by the mother of Cobb's young children.

The lawsuit alleges that the troopers did not attempt to de-escalate the situation, and they didn't have reasonable suspicion that Cobb was armed or posed any threat of harm.

A gun was located on the floor behind the center console of Cobb's vehicle, but the Minnesota Bureau of Criminal Apprehensions (BCA) shared in the beginning of its investigation that Cobb was never holding a gun. Troopers never reference a gun in Cobb's vehicle, according to dash and body-cam video.

Cobb's hands were in the air in full view of the trooper in the moments leading up to the shooting, the lawsuit states. His hands weren't touching the steering wheel or gear shift until Londregan reached inside the front passenger window to unlock the door. As he opened the door, Cobb put his foot on the brake and moved his hands to the shifter and put the vehicle into drive, removing his foot from the brake. Cobb's vehicle moved forward several feet while Seide, on the drivers side, leaned in to unsecure Cobb's seatbelt. Cobb stepped on the brake and Londregan drew his firearm, pointing it at Cobb.

Londregan leaned his torso inside, gun drawn, and yelled at Cobb to get out. Seide grabbed at Cobb, who took his foot off the brake again, causing the vehicle to lurch forward, according to the lawsuit. Londregan fired and Cobb's vehicle proceeded down the interstate for one-quarter mile until it crashed into a concrete median, the suit states.

The lawsuit, which doesn't list a monetary demand, says that as a direct result of the troopers' wrongful acts and omissions, Cobb's family has suffered financial losses in an amount to be determined by a jury.

"At the time of this incident, Decedent Cobb was an unarmed man stopped for a minor traffic violation, had no outstanding warrants and was not threatening or acting violently towards the officers on scene," the lawsuit says. "Nevertheless, Defendant Seide attempted to wrestle Decedent Cobb out of the vehicle and Defendant Londregan drew his firearm on Decedent Cobb and shot him almost immediately, even with Defendant Seide positioned in a leaning posture over Decedent Cobb in his front seat."

The case has generated intense scrutiny from law enforcement and some lawmakers, furthering political tensions over policing, reform and public safety in the state.

Hennepin County Attorney Mary Moriarty charged Londregan despite use-of-force experts finding that Londregan acted lawfully. In response, lawmakers on both sides of the aisle have called for the case to be removed from Moriarty, who accuses Londregan of violating State Patrol policy.

For a case to be removed from a duly elected county attorney, Gov. Tim Walz has to step in and assign it to Attorney General Keith Ellison. But Walz has regularly made clear that he would only reassign a case if requested by Ellison. A spokesperson reiterated Walz's stance in an email Tuesday, saying that "the Governor's position has not changed – he will continue to monitor developments in the case and has not shut the door to reassigning it."

The Minnesota Police and Peace Officers Association (MPPOA), a trade association paying Londregan's legal fees, sent another letter to Walz in recent weeks asking him to intervene. The latest request stems from more state patrol use-of-force experts opining that Londregan acted in accordance with his training and didn't violate use-of-force policy.

"The Hennepin County Attorney's Office own hired expert found Trooper Londregan acted lawfully. Now we're hearing that State Patrol's own trainers, who Moriarty interviewed in and out of the grand jury, say he also acted lawfully. It's past time to reassign this case away from Moriarty to best serve a fair and honest judicial system," said MPPOA Executive Director Brian Peters in a statement Tuesday.

Also on Tuesday, GOP U.S. Rep. Michelle Fischbach along with Reps. Tom Emmer, Pete Stauber and Brad Finstand sent a letter to the House Republican Judiciary Committee requesting an investigation into Moriarty's alleged "abuse of power and politically motivated investigation against Trooper Londregan."