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Case Name Child Evangelism Fellowship of Minnesota v. Elk River Area School District, #728 FA-MN-0002
Docket / Court 0:08-cv-05165-ADM-AJB ( D. Minn. )
State/Territory Minnesota
Case Type(s) Speech and Religious Freedom
Case Summary
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 ... read more >
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 The defendant had withdrawn the district policy at issue and paid attorneys' fees to the plaintiff's attorneys, and agreed not to reinstate the policy.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.

Emma Bao - 06/04/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Establishment Clause
Free Exercise Clause
Freedom of speech/association
Content of Injunction
Discrimination Prohibition
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Discrimination-area
Accommodation / Leave
Discrimination-basis
Religion discrimination
General
Access to public accommodations - governmental
Disparate Treatment
Education
Religious programs / policies
School/University Facilities
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) Elk River Area School District, #728
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.
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
Declaratory Judgment
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Settlement
Form of Settlement Voluntary Dismissal
Order Duration 2009 - n/a
Case Closing Year 2010
Case Ongoing No
Docket(s)
0:08-cv-05165-ADM-AJB (D. Minn.) 02/26/2010
FA-MN-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Verified Complaint for Declaratory Judgment, Preliminary and Permanent Injunctive Relief and Damages 09/10/2008
FA-MN-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Granting Preliminary Injunction] 02/06/2009 (599 F.Supp.2d 1136) (D. Minn.)
FA-MN-0002-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal 02/24/2010
FA-MN-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 02/26/2010 (D. Minn.)
FA-MN-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Boylan, Arthur J. (D. Minn.) [Magistrate]
FA-MN-0002-9000
Montgomery, Ann D. (D. Minn.) [Magistrate]
FA-MN-0002-0002 | FA-MN-0002-0004 | FA-MN-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Anderson, Jamie (Minnesota)
FA-MN-0002-0001 | FA-MN-0002-0003 | FA-MN-0002-9000
Crampton, Stephen M (Virginia)
FA-MN-0002-0001 | FA-MN-0002-0003 | FA-MN-0002-9000
Howse, G. Craig (Minnesota)
FA-MN-0002-0001 | FA-MN-0002-0003 | FA-MN-0002-9000
Krause, Matthew H. (Virginia)
FA-MN-0002-0001 | FA-MN-0002-0003 | FA-MN-0002-9000
Defendant's Lawyers Engh, Paul C (Minnesota)
FA-MN-0002-0003 | FA-MN-0002-9000
Krafts, Ivar J (Minnesota)
FA-MN-0002-0003 | FA-MN-0002-9000
Other Lawyers None on record

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