Filed Date: Sept. 10, 2008
Closed Date: 2010
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On September 10, 2008, 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 the Elk River Area School District #728. The plaintiff, represented by attorneys from Liberty Counsel and private counsel, sought injunctive, monetary, and declaratory relief, alleging that the School District's denial of the plaintiff's request to attend school open house events and distribute its literature violated the plaintiff's constitutional rights to freedom of speech, equal protection, and free exercise, and also violated the Establishment Clause.
On February 6, 2009, the District Court (Judge Ann D. Montgomery) granted the plaintiff's motion for a preliminary injunction, enjoining the District from implementing its policy that disallowed the plaintiff to distribute literature to students and attend school open house events for the advertisement of its religious program for children. Child Evangelism Fellowship of Minnesota v. Elk River Area Sch. Dist. #728, 599 F. Supp. 2d 1136 (D. Minn. 2009). In addition, Judge Montgomery denied the defendant's motion to dismiss the case.
The matter then settled, and on February 26, 2010, the Court (Judge Montgomery) ordered the case dismissed with prejudice, pursuant to their stipulation. The defendant had withdrawn the district policy at issue and paid attorneys' fees to the plaintiff's attorneys, and agreed not to reinstate the policy. This ended the case.
Summary Authors
Emma Bao (6/4/2013)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4839317/parties/child-evangelism-fellowship-of-minnesota-v-elk-river-area-school-district/
Boylan, Arthur J. (Minnesota)
Anderson, Jamie (Minnesota)
Crampton, Stephen M (Virginia)
Engh, Paul C (Minnesota)
Howse, G. Craig (Minnesota)
Boylan, Arthur J. (Minnesota)
Montgomery, Ann D. (Minnesota)
See docket on RECAP: https://www.courtlistener.com/docket/4839317/child-evangelism-fellowship-of-minnesota-v-elk-river-area-school-district/
Last updated April 12, 2024, 3:19 a.m.
State / Territory: Minnesota
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Sept. 10, 2008
Closing Date: 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A non-profit religious organization, Child Evangelism Fellowship of Minnesota, denied presence at school open house events and distribution of literature to students for the advertisement of its religious program for children by the school district.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Elk River Area School District, #728 (Elk River, Sherburne), School District
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Order Duration: 2009 - 0
Content of Injunction:
Issues
General:
Access to public accommodations - governmental
Discrimination-area:
Discrimination-basis:
Type of Facility: