Justice Dept. moves to cancel police reform settlements reached with Minneapolis
U.S. Court News
The Justice Department moved Wednesday to cancel a settlement with Minneapolis that called for an overhaul of its police department following the murder of George Floyd, as well as a similar agreement with Louisville, Kentucky, saying it doesn’t want to pursue the cases.
Following a scathing report by the Justice Department in 2023, Minneapolis in January approved a consent decree with the federal government in the final days of the Biden administration to overhaul its training and use-of-force policies under court supervision.
The agreement required approval from a federal court in Minnesota. But the Trump administration was granted a delay soon after taking office while it considered its options, and on Wednesday told the court it does not intend to proceed. It planned to file a similar motion in federal court in Kentucky.
“After an extensive review by current Department of Justice and Civil Rights Division leadership, the United States no longer believes that the proposed consent decree would be in the public interest,” said the Minnesota motion, signed by Andrew Darlington, acting chief of the special litigation section of the Justice Department’s Civil Rights Division. “The United States will no longer prosecute this matter.”
The Justice Department announced its decision just before the five-year anniversary of the murder of George Floyd. Then-officer Derek Chauvin used his knee on May 25, 2020, to pin the Black man to the pavement for 9 1/2 minutes in a case that sparked protests around the world and a national reckoning with racism and police brutality.
However, no immediate changes are expected to affect the Minneapolis Police Department, which is operating under a similar consent decree with the Minnesota Human Rights Department.
Minneapolis Police Chief Brian O’Hara reiterated at a news conference Tuesday that his department would abide by the terms of the federal agreement as it was signed, regardless of what the Trump administration decided.
The city in 2023 reached a settlement agreement with the state Human Rights Department to remake policing, under court supervision, after the agency issued a blistering report in 2022 that found that police had long engaged in a pattern of racial discrimination.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.