Case: Child Evangelism Fellowship of Minnesota v. Minneapolis Special Sch. Dist. No. 1

0:10-cv-02687 | U.S. District Court for the District of Minnesota

Filed Date: June 28, 2010

Closed Date: 2013

Clearinghouse coding complete

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 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 violat…

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.

Summary Authors

Emma Bao (6/7/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4998093/parties/child-evangelism-fellowship-of-minnesota-v-minneapolis-special-school/


Judge(s)

Beam, Clarence Arlen (Nebraska)

Gans, Michael E. (Missouri)

Keyes, Jeffrey J. (Minnesota)

Loken, James B. (Minnesota)

Tunheim, John R. (Minnesota)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Anderson, Jamie (Minnesota)

Crampton, Stephen M (Virginia)

Howse, G. Craig (Minnesota)

Krause, Matthew H. (Virginia)

Judge(s)

Beam, Clarence Arlen (Nebraska)

Gans, Michael E. (Missouri)

Keyes, Jeffrey J. (Minnesota)

Loken, James B. (Minnesota)

Tunheim, John R. (Minnesota)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Anderson, Jamie (Minnesota)

Crampton, Stephen M (Virginia)

Howse, G. Craig (Minnesota)

Krause, Matthew H. (Virginia)

Attorneys(s) for Defendant

Vanselow, Michael J. (Minnesota)

Van Uitert, Marie L (Minnesota)

Documents in the Clearinghouse

Document

0:10-cv-02687

Docket [PACER]

April 25, 2013

April 25, 2013

Docket
1

0:10-cv-02687

Complaint for Declaratory Judgment, Preliminary and Permanent Injunctive Relief and Damages

June 28, 2010

June 28, 2010

Complaint
36

0:10-cv-02687

Memorandum Opinion and Order Denying Motion for Preliminary Injunction

822 F.Supp.2d 878

Sept. 30, 2011

Sept. 30, 2011

Order/Opinion
41

0:10-cv-02687

Order Granting Stay Pending Appeal

Nov. 15, 2011

Nov. 15, 2011

Order/Opinion

11-03255

USCA Opinion [Reversing and Remanding]

U. S. Court of Appeals for the Eighth Circuit

690 F.3d 996

Aug. 29, 2012

Aug. 29, 2012

Order/Opinion
51

0:10-cv-02687

Stipulation for Entry of Permanent Injunction and Dismissal with Prejudice

Oct. 10, 2012

Oct. 10, 2012

Settlement Agreement
49

0:10-cv-02687

Order [Attorneys' Fees; 11-3225]

Child Evangelism Fellowship of Minnesota v. Minneapolis Special Sch. Dist. No. 1

U. S. Court of Appeals for the Eighth Circuit

Oct. 26, 2012

Oct. 26, 2012

Order/Opinion
52

0:10-cv-02687

Order for Entry of Permanent Injunction and Dismissal with Prejudice

Child Evangelism Fellowship of Minnesota v . Minneapolis Special School District No. 1

Jan. 25, 2013

Jan. 25, 2013

Order/Opinion
54

0:10-cv-02687

Order

2013 WL 951405

March 12, 2013

March 12, 2013

Order/Opinion
55

0:10-cv-02687

Order

April 25, 2013

April 25, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4998093/child-evangelism-fellowship-of-minnesota-v-minneapolis-special-school/

Last updated Aug. 2, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Minneapolis Special School District #1 ( Filing fee $ 350 receipt number 4−46476.) assigned to Judge John R. Tunheim per Civil Rights List and referred to Magistrate Judge Jeffrey J. Keyes, filed by Child Evangelism Fellowship of Minnesota. (Attachments: # 1 Civil Cover Sheet). (LMB) (Entered: 06/29/2010)

June 28, 2010

June 28, 2010

36

MEMORANDUM OPINION AND ORDER denying 9 Motion for Preliminary Injunction (Written Opinion). Signed by Judge John R. Tunheim on September 30, 2011. (DML)

Sept. 30, 2011

Sept. 30, 2011

RECAP

Summons Issued as to Minneapolis Special School District #1. (LMB) (Entered: 06/29/2010)

June 28, 2010

June 28, 2010

2

MOTION for Admission Pro Hac Vice for Stephen M. Crampton by Child Evangelism Fellowship of Minnesota. (Anderson, Jamie) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

3

MOTION for Admission Pro Hac Vice for Matthew H. Krause by Child Evangelism Fellowship of Minnesota. (Anderson, Jamie) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

TEXT ONLY ENTRY − ORDER granting 2 , 3 Motions for Admission Pro Hac Vice of Attorneys Stephen M. Crampton and Matthew H. Krause for Child Evangelism Fellowship of Minnesota. Fees paid; receipt number 4−046598.Approved by Magistrate Judge Jeffrey J. Keyes on 7/2/10. (MMC) (Entered: 07/06/2010)

July 2, 2010

July 2, 2010

4

AFFIDAVIT of Service by Child Evangelism Fellowship of Minnesota re Summons Issued to Minneapolis Special School District # 1 (Crampton, Stephen) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

5

SUMMONS Returned Executed by Child Evangelism Fellowship of Minnesota. Minneapolis Special School District #1 served on 7/7/2010, answer due 7/28/2010. (Crampton, Stephen) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

6

Defendant's ANSWER to Complaint by Minneapolis Special School District #1. (Attachments: # 1 Certificate of Service) (van Uitert, Marie) (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

7

NOTICE OF PRETRIAL CONFERENCE: Pretrial Conference set for 10/27/2010 09:45 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Attachments: # 1 Consent Form)(MMP) (Entered: 10/18/2010)

Oct. 16, 2010

Oct. 16, 2010

8

NOTICE by Child Evangelism Fellowship of Minnesota of Hearing on Plaintiff's Motion for Preliminary Injunction (Crampton, Stephen) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

9

MOTION for Preliminary Injunction and Certificate of Service by Child Evangelism Fellowship of Minnesota. (Crampton, Stephen) Modified text on 1/4/2011 (jz). (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

10

MEMORANDUM in Support re 9 MOTION for Preliminary Injunction with LR7.1 Word Count and Certificate of Service filed by Child Evangelism Fellowship of Minnesota. (Crampton, Stephen) Modified text on 1/4/2011 (jz). (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

11

AFFIDAVIT of Stephen M. Crampton in SUPPORT OF 9 MOTION for Preliminary Injunction filed by Child Evangelism Fellowship of Minnesota. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P)(Crampton, Stephen) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

12

Declaration of David Tunell in Support of 10 Memorandum in Support of Motion, 9 MOTION for Preliminary Injunction filed by Child Evangelism Fellowship of Minnesota. (Crampton, Stephen) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

13

Declaration of Maureen Berger in Support of 10 Memorandum in Support of Motion, 9 MOTION for Preliminary Injunction filed by Child Evangelism Fellowship of Minnesota. (Crampton, Stephen) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

14

*TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 7 NOTICE OF PRETRIAL CONFERENCE: Pretrial Conference set for 10/27/2010 has been reset for 2/2/2011 09:00 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

15

*TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 14 7 NOTICE OF PRETRIAL CONFERENCE: Pretrial Conference set for 2/2/2011 has been reset for 3/30/2011 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

16

MEMORANDUM in Opposition re 9 MOTION for Preliminary Injunction filed by Minneapolis Special School District #1. (Attachments: # 1 LR7.1 Word Count Compliance Certificate Word Count Compliance Certificate)(van Uitert, Marie) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

17

AFFIDAVIT of Sandra McDonald in OPPOSITION TO 9 MOTION for Preliminary Injunction filed by Minneapolis Special School District #1. (Attachments: # 1Exhibits A−D)(van Uitert, Marie) Modified text on 1/27/2011 (jz). (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

18

AFFIDAVIT of Robyn Cousin in OPPOSITION TO 9 MOTION for Preliminary Injunction filed by Minneapolis Special School District #1. (Attachments: # 1 Exhibits A−F)(van Uitert, Marie) Modified text on 1/27/2011 (jz). (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

19

AFFIDAVIT of Colleen Sanders in OPPOSITION TO 9 MOTION for Preliminary Injunction filed by Minneapolis Special School District #1. (Attachments: # 1 Exhibits A−E)(van Uitert, Marie) Modified text on 1/27/2011 (jz). (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

20

AFFIDAVIT of Jack Tamble in OPPOSITION TO 9 MOTION for Preliminary Injunction filed by Minneapolis Special School District #1. (van Uitert, Marie) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

21

AFFIDAVIT of Linnea Hackett in OPPOSITION TO 9 MOTION for Preliminary Injunction filed by Minneapolis Special School District #1. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(van Uitert, Marie) Modified text on 1/27/2011 (jz). (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

22

EXHIBIT re 21 Affidavit in Opposition to Motion, by Minneapolis Special School District #1 filed by Minneapolis Special School District #1. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F)(van Uitert, Marie) Modified text on 1/27/2011 (jz). (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

23

EXHIBIT re 21 Affidavit in Opposition to Motion, by Minneapolis Special School District #1 filed by Minneapolis Special School District #1. (Attachments: # 1 Exhibit G)(van Uitert, Marie) Modified text on 1/27/2011 (jz). (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

25

EXHIBIT re 18 Affidavit in Opposition to Motion for Preliminary Injunction by Minneapolis Special School District #1. (Attachments: # 1 Exhibit(s) H)(van Uitert, Marie) (Entered: 01/27/2011)

Jan. 27, 2011

Jan. 27, 2011

26

REPLY to Response to Motion re 9 MOTION for Preliminary Injunction filed by Child Evangelism Fellowship of Minnesota. (Crampton, Stephen) (Entered: 02/03/2011)

Feb. 3, 2011

Feb. 3, 2011

27

NOTICE OF HEARING ON MOTION 9 MOTION for Preliminary Injunction : Motion Hearing set for 2/16/2011 at 10:00 AM in Courtroom 13E (MPLS) before Judge John R. Tunheim. (HAM) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

28

Minute Entry for proceedings held before Judge John R. Tunheim: Motion Hearing held on 2/17/2011 re 9 MOTION for Preliminary Injunction filed by Child Evangelism Fellowship of Minnesota. Motion taken Under Advisement. Written order forthcoming. (Court Reporter Kristine Mousseau) (HAM) (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

29

*TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 15 14 7 Pretrial Conference set for 3/30/2011 reset for 5/20/2011 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP) (Entered: 03/25/2011)

March 25, 2011

March 25, 2011

30

*TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 29 15 14 7 Pretrial Conference set for 5/20/2011 reset for 7/11/2011 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP) (Entered: 05/17/2011)

May 17, 2011

May 17, 2011

31

*TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 30 29 15 14 7 Pretrial Conference set for 7/11/2011 reset for 8/9/2011 10:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

32

*TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 31 *TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 30 29 15 14 7 Pretrial Conference set for 8/9/2011 reset for 9/23/2011 10:00 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

33

*TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 32 31 30 29 15 14 7 Pretrial Conference set for 9/23/2011 reset for 12/1/2011 10:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP) (Entered: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

34

NOTICE of Withdrawal as Attorney Jamie L. Anderson (Howse, G) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

35

*TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 33 32 31 30 29 15 14 7 Pretrial Conference set for 12/1/2011 reset for 12/2/2011 10:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

37

NOTICE OF APPEAL TO 8TH CIRCUIT and Certificate of Service as to 36 Order on Motion for Preliminary Injunction by Child Evangelism Fellowship of Minnesota. Filing fee $ 455, receipt number 0864−2967239. (Attachments: # 1 COA − Form A)(Crampton, Stephen) Modified text on 10/13/2011 (jz). (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

38

TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit, 37 . (jz) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

40

Consent MOTION to Stay Proceedings Pending Appeal by all parties. (Krause, Matthew) Modified filers and text on 11/10/2011 (akl). (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

41

ORDER granting 40 Motion to Stay. The proceedings in this matter shall be stayed until the pending appeal to the Eighth Circuit Court of Appeals and any further appeals of the order denying preliminary injunction are final. Signed by Judge John R. Tunheim on November 15, 2011. (HAM) CC: Jamie Anderson on 11/15/2011 (MMP). (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

42

*TEXT ONLY ENTRY* NOTICE of Cancellation of Pretrial conference: 35 33 32 31 30 29 15 14 7 Pretrial Conference set for 12/2/2011 before Magistrate Judge Jeffrey J. Keyes is cancelled. (JEP). (JEP) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

43

Opinion of USCA Judges Wollman, Beam, and Loken as to 37 Notice of Appeal to 8th Circuit, filed by Child Evangelism Fellowship of Minnesota : We therefore reverse and remand to the district court for further proceedings consistent with this opinion. (Attachments: # 1 Cover Letter)(jam) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

44

USCA JUDGMENT as to 37 Notice of Appeal to 8th Circuit, filed by Child Evangelism Fellowship of Minnesota: it is hereby ordered and adjudged that the judgment of the district court in this cause is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (received electronically from COA) (jam) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

45

NOTICE OF PRETRIAL CONFERENCE: Pretrial Conference set for 9/27/2012 03:15 PM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Attachments: # 1 Consent Form)(MMP) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

46

*TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 45 Pretrial Conference set for 9/27/2012 reset for 10/16/2012 01:30 PM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

47

ORDER of USCA as to 37 Notice of Appeal to 8th Circuit: The motion of the appellant for an extension of time to file a motion for attorneys' fees is granted. Appellant may have until September 26, 2012 to file the motion. (received electronically from COA) (akl) (Entered: 09/21/2012)

Sept. 14, 2012

Sept. 14, 2012

48

MANDATE of USCA as to 37 Notice of Appeal to 8th Circuit, filed by Child Evangelism Fellowship of Minnesota (received electronically from COA) (akl) (Entered: 09/26/2012)

Sept. 26, 2012

Sept. 26, 2012

49

ORDER of USCA as to 37 Notice of Appeal to 8th Circuit: Appellant shall recover from the appellee the sum of $621.90 (Six hundred twenty−one dollarsand ninety cents) as taxable costs on appeal. The clerk of the United States District Court is directed to place these costs in the previously issued mandate. (received electronically from COA) (akl) (Entered: 09/27/2012)

Sept. 26, 2012

Sept. 26, 2012

50

*TEXT ONLY ENTRY* NOTICE of Cancellation of Pretrial Conference: 46 45 Pretrial Conference set for 10/16/2012 01:30 PM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes is cancelled. (JEP) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

51

STIPULATION for Entry of Permanent Injunction and Dismissal With Prejudice by Child Evangelism Fellowship of Minnesota, Minneapolis Special School District #1. (Vanselow, Michael) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

52

VACATED PER ORDER DATED 03/12/2013 ORDER FOR ENTRY OF PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE. Signed by Judge John R. Tunheim on January 25, 2013. (HAM) Modified on 3/12/2013 (jz). (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

53

VACATED PER ORDER DATED 03/12/2013 JUDGMENT (Attachments: # 1 Civil Notice − appeal)(jam) Modified on 3/12/2013 (jz). (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

55

ORDER Dismissing Case. Signed by Judge John R. Tunheim on April 25, 2013. (HAM) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

56

JUDGMENT (Attachments: # 1 Civil Notice − appeal)(jz) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

54

ORDER 1. VACATING 52 Order for Entry of Permanent Injunction and Dismissal and the accompanying 53 Judgment. 2. DENYING 51 the parties' Stipul ation for Entry of Permanent Injunction and Dismissal with Prejudice to the extent it requests the entry of a permanent injunction and the Court's retention of jurisdiction over this matter. 3. Thirty days from the entry of this Order, the Court will dismiss CEF's claims with prejudice and direct that judgment be entered, unless any party has filed an objection to such an order.(Written Opinion). Signed by Judge John R. Tunheim on March 12, 2013. (DML)

March 12, 2013

March 12, 2013

RECAP

Case Details

State / Territory: Minnesota

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 28, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

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.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Minneapolis Special School District No. 1 (Minneapolis, Hennepin), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Free Exercise Clause

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $100,621.90

Order Duration: 2012 - 2012

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Treatment

Education

Religious programs / policies

School/University policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run