It’s barely been 24 hours since the shooting death of 37-year-old Alex Pretti during a confrontation with U.S. Border Patrol agents in Minneapolis on Saturday, but there are already multiple court filings and even a new lawsuit pertaining to the matter, in which a Minnesota District Court judge has entered a temporary restraining order (TRO).
One of the salient features of the unrest in Minnesota is the battle of wills between state and local authorities and federal authorities, and we’re seeing that play out now in a suit filed Saturday afternoon by the Minnesota Bureau of Criminal Apprehension (BCA) and the Hennepin County Attorney’s Office against Department of Homeland Security (DHS) Secretary Kristi Noem and other DHS officials, along with U.S. Attorney General Pam Bondi and FBI Director Kash Patel. In the 11-page complaint, Minnesota officials assert that federal authorities are impeding BCA’s ability to investigate the shooting and seek the following relief:
a) Declare that Defendants’ ongoing denial of Plaintiffs’ access to evidence relevant to the fatal shooting on January 24, 2026, is unconstitutional and unlawful;
b) Preliminarily and permanently enjoin Defendants from destroying, altering, or concealing any such evidence;
c) Preliminarily and permanently enjoin Defendants from continuing to deny Plaintiffs access to any such evidence;
d) Award the Plaintiffs their costs and reasonable attorneys’ fees; and
e) Order such other and further relief as this Court deems just and appropriate.
The complaint is signed by Minnesota Attorney General Keith Ellison (specifically, officials in his office) on behalf of the BCA, as well as the Hennepin County Attorney’s Office. In conjunction with the complaint, plaintiffs also filed a motion for TRO, seeking immediate relief.
Border Patrol Union Blasts Media, MN Politicians on Sat. Shooting: ‘Willfully Misleading the Public’
Late Saturday evening, Minnesota District Court Judge Eric Tostrud (a Trump appointee) issued an order granting the TRO, but it’s important to note several things about this order, the crux of which is as follows:
1. Defendants, together with their employees, agents, and anyone acting in concert with them, are ENJOINED from destroying or altering evidence related to the fatal shooting involving federal officers that took place in or around 26th Street and Nicollet Avenue in Minneapolis on January 24, 2026, including but not limited to evidence that Defendants and those working on their behalf removed from the scene and/or evidence that Defendants have taken into their exclusive custody.
2. Plaintiffs shall serve Defendants with a copy of their Motion, all supporting papers, and this Order by not later than Sunday, January 25, 2026, at 9:00 a.m.
3. A hearing will be held in Courtroom 7D of the Warren E. Burger Federal Building and United States Courthouse, 316 N. Robert Street, St. Paul, Minnesota 55101, on Monday, January 26, 2026, at 2:00 p.m. regarding any objections Defendants may have to this Order’s entry and whether this Order should remain in effect.
First, as indicated by its name, a TRO is temporary — a momentary pause ordered by the court in order to allow things to get sorted out.
Second, the order only grants the plaintiffs one of the items of relief requested, namely that federal authorities not destroy or alter any evidence, which, one would hope/expect they would not be doing anyway (recognizing that, at some point, there will likely be ballistics testing of the firearms involved, but…again, we’re only 24 hours post-incident).
Third, the court set the matter for hearing tomorrow (Monday) afternoon in order to determine “whether this Order should remain in effect.” It may; it may not. The judge wants a chance to hear from the DHS/DOJ and better assess the situation.
That’s the state of play at the moment. RedState will continue to follow this story and provide any updates as warranted.
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