19 cases against Minnesotans accused of assaulting federal officers dismissed so far; 12 linked to single HSI agent

Federal judges have now dismissed at least 19 cases against Minnesotans who were accused of assaulting federal agents during Operation Metro Surge. 

Twenty-five-year-old Christina Rank is among the latest to learn that they are no longer required to plead their innocence in court. The Inver Grove Heights school employee was detained in her school's parking lot on Jan. 12 after there was a collision between an ICE vehicle and her car. 

In a sworn affidavit, HSI Special Agent Richard Berger states that Rank caused that collision, which later earned Rank an assault charge. She said in the moment, she was confused, because the opposite had happened. 

"All of a sudden I look back, I make eye contact with the person," Rank said. "He just goes, rams his car right into mine." 

Rank said that she had first spotted a "blacked-out" SUV in the parking lot and asked the people inside the car if they were with ICE; realizing they were, Rank said that she demanded that they leave the school grounds. Rank followed them out onto the road, and eventually, both vehicles made their way back towards the parking lot. 

Security footage from the school that Rank shared with WCCO shows the moment that Rank, in a white sedan, attempted to turn left into the parking lot. The ICE vehicle, which appears to be in the right lane, also turned left. The glare of headlights makes the moment of impact difficult to see, but Rank said it's when they're both turning that the ICE vehicle strikes her passenger side door. Photos show damage to the side of Rank's car. 

Within minutes, video from a bystander shows federal agents surround Rank's vehicle. They eventually shatter the backseat window on the driver's side, allowing agents to unlock the front door and detain Rank. Bystanders yell at agents, urging them not to use chemical agents as they state that children were beginning to arrive for school.

Rank's defense argued that video from the security camera and from body cameras on scene clearly demonstrated that Special Agent Berger's version of events was inaccurate. Judge Micko wrote in an order, "It is hard to imagine how blocking an entrance, standing alone, could be an assault." 

Federal prosecutors with the U.S. Attorney's Office for the District of Minnesota filed a motion to dismiss the case without prejudice, meaning the same case cannot be filed a second time, on July 21. 

"Upon a further review of the evidence and affidavit in support of the complaint, the government does not believe that probable cause for assault exists," Special Assistant U.S. Attorney Robert Tucker wrote. 

Rank said that on the day that she was detained, federal officers held her at the Whipple Building at Fort Snelling for about 11 hours. She said that they lost track of her in the system and incorrectly told her family that she had been released while she was still in detention.

That day, she said that officers took a photo of her in tears, held by two HSI police officers, one on either side of her with their backs to the camera. Then-Attorney General Pam Bondi posted that image to her social media, placing a spotlight on Rank that she said led to death threats. 

"I have screenshots of all the hateful messages, people like 'Oh you're the stupid b**** that did this, oh come to my backyard I have an AR-15,' stuff like that," Rank said. "How did we get here? Really? How did the world get here?" 

Rank joins at least eight others whose photos Bondi posted on social media whose cases have now been dismissed, according to WCCO's analysis of court filings. WCCO also found that Berger, who established probable cause in Rank's case, also submitted sworn affidavits in 11 similar cases that judges have now dismissed. He's involved in at least 11 other cases that are still ongoing. 

In a hearing on a different case in April, U.S. District Court Magistrate David Schultz said that he became "concerned with the veracity" of multiple affidavits related to federal officer assault cases that came from Berger. Schultz said that in multiple instances, Berger "did not have any personal knowledge of the events described in the affidavits that he has submitted to this court as sworn affidavits."

WCCO reached out to Homeland Security and ICE for comment. Neither have acknowledged that request as of the time of publishing. 

The U.S. Attorney's Office for the District of Minnesota declined to comment. 

"It gives me some kind of hope that some of the judges are seeing that what they're doing and what they're saying is not accurate. But it's still scary that we're having to deal with this. No one should have to deal with this," Rank said.  

On July 24, Davis Redmond's case was also dimissed. Special Agent Berger was not involved here, but federal officers accused Redmond of colliding with the back of a car operated by Border Patrol agents. Redmond's attorney at the time said that the charges were "bogus," instead blaming the federal officers and icy conditions for the crash. Federal prosecutors moved to dismiss the case without prejudice in June.