The lawsuit was filed by Amy & Aaron Kirk, a West Duluth interracial couple, in response to over 15 years of racial discrimination primarily from the Duluth Police Department. The family interacted with the police over 100 times in that time period primarily due to racially motivated 911 calls from their next door neighbor. The events culminated in June of 2020 when Aaron was the victim of a hate crime that ultimately resulted in his arrest and imprisonment for four days while the attacker faced minimal consequences. High-up officials within the department and city were notified on multiple occasions of this injustice, yet no actions were taken to secure the family's civil rights and Aaron's behavior was often blamed for the discrimination he was facing.
RP - Reporting Party
False 911 calls from neighbor regarding dog - highlighted in green
False 911 calls from neighbor regarding misc. complaint - highlighted in blue
False 911 calls with threat from neighbor - highlighted in red
Meetings with city or supervisor notification - highlighted in orange
False arrest - highlighted in purple
2003: Amy Kirk, who is white, moved into a predominantly white neighborhood and initially did not have any problems with neighbors Fran McGee and Ann Panger.
2005: Amy began dating Aaron Kirk and he eventually moved into the home.
2007: Neighbors McGee and Panger began serially summoning the Duluth Police Department to investigate false, baseless complaints principally directed at Aaron Kirk. Records reflect that they initiated at least 50 false reports over the next 12 years. The following are the documented racially-motivated false allegations made by McGee and Panger in their crusade to drive the Kirks out of the neighborhood. LEAN Duluth compiled the following timeline from stacks of police reports that the Kirk’s collected over the years.
McGee calls about feces in her yard. Reportedly indicating that Kirk was involved.
McGee calls for “Ongoing problem with neighbor dog. RP advised about her own violations.”
MN vs. Aaron Kirk: harm to service animals by a dog; causes bodily harm. Kirk’s dog momentarily got out, sniffing with McGee’s dog, which was later seen for a superficial puncture wound, no treatment needed. Kirks collect 39 signatures from the dog park about Shaggy not being aggressive.
McGee calls for a “Potentially dangerous dog. Salt & Pepper schnauzer.”
Police report, McGee calls because Kirk was chasing his kid who was having a tantrum in the yard. Kid seems okay to police. Kirk says there have been ongoing problems with McGee over the dog.
Police report, McGee calls because Kirk was chasing his kid who was having a tantrum in the yard. Kid seems okay to police. Kirk says there have been ongoing problems with McGee over the dog.
McGee called about harassing phone calls. “No voice, just heavy breathing.”
McGee called about the dog again.
Mcgee reports that Kirk’s dog just attacked her dog. “Has happened before. Pound has been out there per RP. [...] RP said [Kirk] has a dog that’s vicious and it growled at her dog tonight, but did not fight or attack her dog.”
“Barking dog at abv for past 30 min. Message left for RP to call if dog was still barking and refer to animal shelter during daytime hours on Friday if there are further problems with it.”
“Aaron and Amy Kirk’s dog has been barking for hours per the RP. Was in the area for several mins, no dog in the yard, no barking heard.”
Reported “Dog has been barking for hours at the abv. address. No dog barking upon arrival.”
“RP calling back and says there are more issues [than] just the dog barking and she wants a squad to respond. [...] Not barking now but off and on.”
McGee calls for strong smell coming from basement, thinks it’s meth. Police report: “RP has called 8 times this year…I will message community officers about the issue so they can review it.”
Call for child screaming bloody murder. Police report: “Spoke to residents who “just got home” from 6 year old daughter’s dance class just minutes before squads arrived. Said there was never any screaming and asked us inside and spoke to 6 year old who still had dance outfit on and received a prize for her efforts tonight at class. She said she wasn’t screaming but was happy for the prize.” [edited for readability]
McGee calls for chemical smell again, says an explosion happened last March. Police report: “Checked around the address and did not smell anything. No sign of criminal activity…Did not see any sign of [previous explosion]. Will keep an eye on address when in area see if anything strange is going on.”
McGee calls for Kirk’s dog barking “all the time” and to reassess a previous call that Kirk was “making meth”. Responding officer states that “both calls are unfounded.” After checking in with other neighbors at 228 and 232, responding officer concludes; “From what I’ve seen, heard and read I believe that the animal complaints are unfounded and the RP is being unreasonable.” Officer then advised Kirk to “keep appeasing McGee,” advised McGee to not call 911 with these matters, and that the officer would mediate next week to “resolve the chronic complaints between neighbors.”
McGee calls for dog that’s “been barking at least an hour. Happens alot.”
McGee calls for “barking dog for over an hour.” Reported as an “ongoing neighbor issue,” Kirk did not speak to the officer at the door and after being called on the phone by this officer, hung up after stating “I’m so tired of dealing with barking dogs.”
“RP states the NBR male is drilling something outside. It’s really loud. No desc on male, RP can’t see him. NBR has stopped drilling & call can be canceled.”
“RP states the NBR male is drilling something outside. It’s really loud. No desc on male, RP can’t see him. NBR has stopped drilling & call can be canceled.”
Regarding a car crash into a tree, Christie Martineau reportedly the driver. The police report reads “While filling out the tow slip, I heard a male yell from the front of the RP’s house ‘that nigger’s going to get a flat tire… that dumb nigger.’ It was a male voice, however I did not see the person.”
Regarding a car crash into a tree, Christie Martineau reportedly the driver. The police report reads “While filling out the tow slip, I heard a male yell from the front of the RP’s house ‘that nigger’s going to get a flat tire… that dumb nigger.’ It was a male voice, however I did not see the person.”
Kirk reports he called in a crash near his home early in the morning. The driver of the vehicle was upset when they learned he called 911. Later they came by in a red truck and said to Kirk that they would “have the ‘kkk’ ‘get’ Kirk.” Reportedly this person is Dale Sargent and “because Sargent made no advances toward Kirk. There are no charges at this time.”
Kirk reports his right fender of his truck was damaged at his home the night before, estimated cost of $750.00. Report included “also ongoing problem with racial threats” but did not specify.
Kirk reports his right fender of his truck was damaged at his home the night before, estimated cost of $750.00. Report included “also ongoing problem with racial threats” but did not specify.
Kirk calls for further vandalism to his truck at his home as a matter of record, due to ongoing (recorded as “recent”) problems with his neighbor.
McGee reports that she and her dog were attacked by Kirk’s dog outside their residence. That the dog was not on the leash and that Kirk walked inside with the dog and left. Responding officer was unable to contact Kirk during this time. “RP said her dog was not injured and she was not injured as well.”
Letter from Sergeant Jeffrey Kazel thanking Amy and Aaron for meeting with DPD, City Attorney, and Human Rights Office about ongoing neighbor issues. “The meeting resulted in an impasse but I would like to keep the lines of communication open in the event a mediation becomes possible…The DPD empathizes with your concerns and frustrations that have been generated through this situation. The DPD also recognizes the steps you have taken to minimize the conflict and we would encourage you to continue with them. The DPD will provide you with civil and emergency services beyond reproach. If the needed service is a direct result of your neighbor Ms. Mcgee and is not an emergency we will ask you to contact Officer McGovern to handle the issue. We will be instructing Ms. McGee with the same procedure.”
McGee calls for ten people on deck disturbing
McGee calls because of a crack in (Kirk’s??) windshield
McGee call for two girls writing on the sidewalk with chalk and possibly sneaking around the yard. “Spoke to RP…says she has called 911 on these kids too many times to count…advised her that the children while annoying are not able to be charged with crimes…in this case they were trespassing…advised her to attempt harassment order against the parents”
Called because contractors working on Kirk’s roof (houses are four feet apart) had ladder on McGee’s house
Calls that Kirk is walking around her property, maybe angry about her working on her house or planning to steal materials
Calls that Kirk is walking around her property, maybe angry about her working on her house or planning to steal materials
Phone convo between McGovern and Kirk. worth looking at the document. “This has been an ongoing issue between Kirk and McGee. The police dept. Attempted to mediate the problem and the Kirks were willing to mediate the problems but McGee was not willing to mediate, against the advise of her attorney who was present…I suggested to Aaron Kirk, if this behavior continues from McGee and he feels harassed and/or threatened by her behavior. He can attempt to seek and order for harassment.”
McGee call for Kirk driving at high speed. Kirk’s daughter was in the car. “Mr. Kirk denied driving recklessly. Was rather offended that we should stop people for those types of complaints. I did not see conduct. When we observed him, he was driving fine. Attempted to advise him that during the summer he should use more caution as small children will be out to play, but he didn’t want to hear it.”
McGee call for Kirk driving at high speed. Kirk’s daughter was in the car. “Mr. Kirk denied driving recklessly. Was rather offended that we should stop people for those types of complaints. I did not see conduct. When we observed him, he was driving fine. Attempted to advise him that during the summer he should use more caution as small children will be out to play, but he didn’t want to hear it.”
Pot smell “I walked around the house and I could not smell any MJ”
McGee calls from her car asking for an escort into her house because Kirk is often walking his dog and stares at her/is stalking her
McGee calls because Kirk has been standing in his yard staring at her and others. “I advised RP that she can always apply for a OFH”
Kirk calls because Panger was harassing dog, taking a video of it trying to get it to bark
McGee calls on Kirk for doing something to her vehicle near her gas tank
McGee calls on Kirk for chasing and trying to hit her in his car. “Upon speaking to RP, her story was drastically different than what was initially reported. She told me she was driving home in her car and Kirk followed her. She said at one point he got close to her car at a stop sign. I asked her if he was following her or just driving home since he lives next door. She said he looked angry and was yelling but she could not tell me what he was telling. Spoke to Kirk who said he did not follow her and believes she is making the story up. This is an ongoing problem that I am already dealing with. It is difficult to distinguish who is telling the truth at this point, but there is no evidence that Kirk did anything improper. Will follow up on this.”
Call redacted, seems to be about Kirk mowing the lawn
McGee yells at officer who wasn’t able to immediately show up
Officer seeing how angry Kirk is about repeated police calls advises Panger not to call for inconsequential things
McGee complains “Kirk has contractors out there tearing down a fence that RP has after having property surveyed.” The responding officer states: “I tried to determine if the property was surveyed and by whom, but she wanted to turn it into an argument. She couldn’t provide much more information than that. The contractors are not on site right now and no one is tearing the fence down.”
Officer spoke to McGee stating that she “claims that Kirk told the mail carrier that she has a vicious dog and her mail service was suspended. I asked her why she believed that Kirk was to blame and she said because he is the one one that would do something like that.” Officer further recorded that McGee reported that while unloading her groceries a week prior that “she believed Kirk was trying to steal her pop.”
Kirk family complaint, basis of “racial profiling, racial harassment & racial intimidation” asks that the police stop doing these things to “me and my family.” Describes an incident where the police were called on his child and two of her friends who are also African American and Kirk tried to intervene with the responding officer who was not open to listening to Kirk’s explanation of having a neighbor who is a chronic complainer, and that the officer began yelling at Kirk to show his ID and became aggressive in his posturing. Kirk went home and called other officers on duty, the responding officer called for backup. Kirk received a letter from Mike Tusken stating that “the best course of action is to defer the violation of obstructing legal process for one year for your promise to not have future same or similar violations with police” although there was no crime as Kirk was not charged with anything.
Aaron’s arraignment for the above case. Allegations are unfounded and the matter is dismissed
Aaron and Amy Kirk preemptively call the police when they get a new dog due to years of ongoing neighbor problems. Officer reports “Nothing recent. She said they bought a new dog and she is worried her neighbors will call in if the dog barks at all.”
McGee filed for a Harassment Restraining Order against Kirk, citing:
Aaron has a harassment hearing, McGee does not show up. This is one of multiple restraining orders that McGee filed against Aaron.
McGee apparently hallucinating people on her roof, not making sense (call was about Kirk building a fence on her property, not the case)
McGee starts trying to evict Panger
Mcgee called for medical assist to get unstuck from her wheelchair in her lawn, was found to be trespassing on Kirks property and was charged with trespassing. Advised not to return to property within one year.
McGee calls care center which calls 911 for help moving a charger “I also advised her that calling 911 to move a charger when another person is in the house is bordering on 911 misuse.”
“Defendant Dustin James Turcotte used his vehicle to cut off Mr. Kirk’s vehicle. Turcotte then gave Mr. Kirk the “middle finger” and admittedly shouted at Mr. Kirk, calling him a “Nigger” while Mr. Kirk was stopped at a stop light. Turcotte then followed Mr. Kirk into a parking lot and boxed Mr. Kirk’s vehicle in. Turcotte again called Mr. Kirk a “Nigger” and aggressively threatened Mr. Kirk with violence, including the use of brass knuckles. Later that same day, Turcotte approached Mr. Kirk near a bank and again threatened him with brass knuckles. When a Duluth police officer arrived, Turcotte left the scene. Mr. Kirk advised the officer that Turcotte had threatened him and called him a “Nigger.” When the officer left the scene to find Turcotte (who had fled), Mr. Kirk went home. An hour later, members of the Duluth Police Department descended on Plaintiffs’ residence and handcuffed Mr. Kirk, arresting him in front of his children for allegedly “fleeing a police officer.” And while transporting Mr. Kirk to jail, Defendant Sara Schultee, a Duluth Police Officer, told Mr. Kirk: “I could have let you go, but you were being an asshole so I’m taking you to jail.” Mr. Kirk was booked and held in the St. Louis County Jail for four days due to the unlawful arrest. All criminal charges against Mr. Kirk were eventually dismissed.”