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Case Name Child Evangelism Fellowship of Minnesota v. Minneapolis Special Sch. Dist. No. 1 FA-MN-0001
Docket / Court 0:10-cv-02687-JRT-JJK ( D. Minn. )
State/Territory Minnesota
Case Type(s) Speech and Religious Freedom
Case Summary
On June 28, 2010, a non-profit religious organization, Child Evangelism Fellowship of Minnesota, filed a lawsuit in the U.S. District Court of Minnesota, under 42 U.S.C. § 1983, against Minneapolis Special School District No. 1. The plaintiff, represented by attorneys from Liberty Counsel and ... read more >
On June 28, 2010, a non-profit religious organization, Child Evangelism Fellowship of Minnesota, filed a lawsuit in the U.S. District Court of Minnesota, under 42 U.S.C. § 1983, against Minneapolis Special School District No. 1. The plaintiff, represented by attorneys from Liberty Counsel and private counsel, sought monetary, injunctive, and declaratory relief. The plaintiff alleged that the school district's removal of it from the district's after-school program was unconstitutional, in violation of its federal constitutional rights to freedom of speech, equal protection, free exercise of religion, and due process. The plaintiff also claimed that the defendant's application of the statute which governed its selection process for the official after-school activities was discriminatory.

On September 30, 2011, the District Court (Judge John R. Tunheim) denied the plaintiff's motion for a preliminary injunction. Child Evangelism Fellowship of Minnesota v. Minneapolis Special Sch. Dist. No. 1, 822 F. Supp. 2d 878 (D. Minn. 2011). The plaintiff appealed the decision to the Eighth Circuit. On August 29, 2012, the Eighth Circuit Court (Judge Clarence A. Beam) held that the District Court abused its discretion in denying the preliminary injunction. Child Evangelism Fellowship of Minnesota v. Minneapolis Special Sch. Dist. No. 1, 690 F.3d 996 (8th Cir. 2012). The Court reversed the lower court's findings that the defendant's removal of the plaintiff from the after-school program was viewpoint-neutral, and that the plaintiff failed to establish a likelihood of success on the merits of its constitutional claims or irreparable harm. The case was remanded.

On remand, the parties settled. On October 10, 2012, they jointly filed a stipulation for entry of permanent injunction and dismissal with prejudice in the District Court. The defendant agreed to permanently refrain from denying the plaintiff's participation in the after-school program by discriminatorily applying the selection statute. The defendant also agreed to pay the plaintiff attorneys' fees and litigation costs in sum of $100,621.90. The plaintiff agreed to dismiss the lawsuit with prejudice.

On January 25, 2013, the District Court (Judge Tunheim) approved the stipulated permanent injunction and dismissed the case. However, on March 12, 2013, Judge Tunheim vacated his January 25, 2013 order and denied the parties' October 10, 2012 stipulation. Child Evangelism Fellowship of Minnesota v. Minneapolis Special Sch. Dist. No. 1, 2013 WL 951405 (D. Minn. Mar. 12, 2013). In his opinion, Judge Tunheim found that the parties failed to demonstrate that the permanent injunction was either necessary or warranted. Judge Tunheim further ruled that the parties' stipulation did not bind the Court to exercise continuing jurisdiction over this case, and that it was simply a private settlement agreement. Neither party filed an objection to the March 12, 2013 order, and the Court (Judge Tunheim) dismissed the lawsuit on April 25, 2013. This ended the case.

Emma Bao - 06/07/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Free Exercise Clause
Freedom of speech/association
Content of Injunction
Preliminary relief denied
Defendant-type
Elementary/Secondary School
Discrimination-basis
Religion discrimination
General
Disparate Treatment
Education
Religious programs / policies
School/University policies
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Minneapolis Special School District No. 1
Plaintiff Description A non-profit religious organization, Child Evangelism Fellowship of Minnesota, which was removed from the after-school program by the school district and suffered a reduction in attendance as a result.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration 2012 - 2012
Case Closing Year 2013
Case Ongoing No
Docket(s)
0:10-cv-02687-JRT-JJK (D. Minn.) 04/25/2013
FA-MN-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory Judgment, Preliminary and Permanent Injunctive Relief and Damages 06/28/2010
FA-MN-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order Denying Motion for Preliminary Injunction 09/30/2011 (822 F.Supp.2d 878) (D. Minn.)
FA-MN-0001-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Stay Pending Appeal 11/15/2011 (D. Minn.)
FA-MN-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
USCA Opinion [Reversing and Remanding] 08/29/2012 (690 F.3d 996)
FA-MN-0001-0001.pdf | WESTLAW| LEXIS | Detail
Stipulation for Entry of Permanent Injunction and Dismissal with Prejudice 10/10/2012
FA-MN-0001-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Attorneys' Fees; 11-3225] 10/26/2012
FA-MN-0001-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order for Entry of Permanent Injunction and Dismissal with Prejudice 01/25/2013 (D. Minn.)
FA-MN-0001-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/12/2013 (2013 WL 951405) (D. Minn.)
FA-MN-0001-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/25/2013 (D. Minn.)
FA-MN-0001-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Beam, Clarence Arlen (D. Neb., Eighth Circuit)
FA-MN-0001-0001
Keyes, Jeffrey J. Court not on record
FA-MN-0001-9000
Loken, James B. (Eighth Circuit)
FA-MN-0001-0001
Tunheim, John R. (D. Minn.)
FA-MN-0001-0003 | FA-MN-0001-0004 | FA-MN-0001-0005 | FA-MN-0001-0006 | FA-MN-0001-0009 | FA-MN-0001-9000
Wollman, Roger Leland (Eighth Circuit)
FA-MN-0001-0001
Monitors/Masters None on record
Plaintiff's Lawyers Anderson, Jamie (Minnesota)
FA-MN-0001-0002 | FA-MN-0001-0008 | FA-MN-0001-9000
Crampton, Stephen M (Virginia)
FA-MN-0001-0002 | FA-MN-0001-0008 | FA-MN-0001-9000
Howse, G. Craig (Minnesota)
FA-MN-0001-0002 | FA-MN-0001-0008 | FA-MN-0001-9000
Krause, Matthew H. (Virginia)
FA-MN-0001-0002 | FA-MN-0001-9000
Defendant's Lawyers Van Uitert, Marie L (Minnesota)
FA-MN-0001-0008 | FA-MN-0001-9000
Vanselow, Michael J. (Minnesota)
FA-MN-0001-0008 | FA-MN-0001-9000
Other Lawyers None on record

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