Case: Child Evangelism Fellowship of Minnesota v. Elk River Area School District, #728

0:08-cv-05165 | U.S. District Court for the District of Minnesota

Filed Date: Sept. 10, 2008

Closed Date: 2010

Clearinghouse coding complete

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 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 literatu…

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 The defendant had withdrawn the district policy at issue and paid attorneys' fees to the plaintiff's attorneys, and agreed not to reinstate the policy.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)

People

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/


Judge(s)

Boylan, Arthur J. (Minnesota)

Attorney for Plaintiff

Anderson, Jamie (Minnesota)

Crampton, Stephen M (Virginia)

Engh, Paul C (Minnesota)

Howse, G. Craig (Minnesota)

Attorney for Defendant

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Documents in the Clearinghouse

Document

0:08-cv-05165

Docket

Feb. 26, 2010

Feb. 26, 2010

Docket
1

0:08-cv-05165

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

Sept. 10, 2008

Sept. 10, 2008

Complaint
25

0:08-cv-05165

Memorandum Opinion and Order [Granting Preliminary Injunction]

Feb. 6, 2009

Feb. 6, 2009

Order/Opinion

599 F.Supp.2d 599

26

0:08-cv-05165

Stipulation of Dismissal

Feb. 24, 2010

Feb. 24, 2010

Settlement Agreement
27

0:08-cv-05165

Order of Dismissal

Feb. 26, 2010

Feb. 26, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4839317/child-evangelism-fellowship-of-minnesota-v-elk-river-area-school-district/

Last updated Feb. 10, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Elk River Area School District, #728 ( Filing fee $ 350 receipt number 40026793.) assigned to Judge Ann D Montgomery per Other Civil Rights List and referred to Magistrate Judge Arthur J Boylan, filed by Child Evangelism Fellowship of Minnesota. (Attachments: # 1 Civil Cover Sheet) (kt) (Entered: 09/11/2008)

Sept. 11, 2008

Sept. 11, 2008

2

MOTION for Admission Pro Hac Vice for Stephen Crampton by Child Evangelism Fellowship of Minnesota. (Anderson, Jamie) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

3

MOTION for Admission Pro Hac Vice for Matthew Krause by Child Evangelism Fellowship of Minnesota. (Anderson, Jamie) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

Summons Issued as to Elk River Area School District, #728. (JME) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

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 3−004696.Approved by Clerk Richard D Sletten on 09/15/08. (MMC) (Entered: 09/16/2008)

Sept. 15, 2008

Sept. 15, 2008

4

DOCUMENT FILED IN ERROR TO BE REFILED − Return of Service Executed for Summons and Complaint Justin Longstrom served on John Kuester−Clerk on September 16, 2008, filed by Child Evangelism Fellowship of Minnesota. (Anderson, Jamie) Modified on 10/1/2008 (VEM). (Entered: 09/30/2008)

Sept. 30, 2008

Sept. 30, 2008

5

SUMMONS Returned Executed by Child Evangelism Fellowship of Minnesota. Elk River Area School District, #728 served on 9/16/2008, answer due 10/6/2008. (Anderson, Jamie) (Entered: 10/01/2008)

Oct. 1, 2008

Oct. 1, 2008

6

MOTION for Preliminary Injunction by Child Evangelism Fellowship of Minnesota. (Anderson, Jamie) (Entered: 10/07/2008)

Oct. 7, 2008

Oct. 7, 2008

7

NOTICE OF HEARING ON MOTION 6 MOTION for Preliminary Injunction : Motion Hearing set for 11/24/2008 02:00 PM in Minneapolis − Courtroom 13W before Judge Ann D. Montgomery. (Anderson, Jamie) (Entered: 10/07/2008)

Oct. 7, 2008

Oct. 7, 2008

8

MEMORANDUM in Support re 6 MOTION for Preliminary Injunction filed by Child Evangelism Fellowship of Minnesota. (Anderson, Jamie) (Entered: 10/07/2008)

Oct. 7, 2008

Oct. 7, 2008

9

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Child Evangelism Fellowship of Minnesota re 8 Memorandum in Support of Motion filed by Child Evangelism Fellowship of Minnesota. (Anderson, Jamie) (Entered: 10/07/2008)

Oct. 7, 2008

Oct. 7, 2008

10

CERTIFICATE OF SERVICE by Child Evangelism Fellowship of Minnesota re 9 LR7.1 Word Count Compliance Certificate, 8 Memorandum in Support of Motion, 6 MOTION for Preliminary Injunction, 7 Notice of Hearing on Motion (Anderson, Jamie) (Entered: 10/09/2008)

Oct. 9, 2008

Oct. 9, 2008

11

NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Elk River Area School District, #728 (Engh, Paul) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

13

NOTICE OF HEARING ON MOTION 12 MOTION to Dismiss for Failure to State a Claim : Motion Hearing set for 11/24/2008 02:00 PM in Minneapolis − Courtroom 13W before Judge Ann D. Montgomery. (Engh, Paul) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

14

MEMORANDUM in Support re 12 MOTION to Dismiss for Failure to State a Claim filed by Elk River Area School District, #728. (Engh, Paul) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

15

CERTIFICATE OF SERVICE by Elk River Area School District, #728 (Engh, Paul) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

16

MEMORANDUM in Opposition re 6 MOTION for Preliminary Injunction filed by Elk River Area School District, #728. (Engh, Paul) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

17

CERTIFICATE OF SERVICE by Elk River Area School District, #728 (Engh, Paul) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

18

DOCUMENT FILED IN ERROR TO BE REFILED − MEMORANDUM in Opposition re 12 MOTION to Dismiss for Failure to State a Claim filed by all plaintiffs. (Crampton, Stephen) Modified text on 11/5/2008 (vem). (Entered: 11/04/2008)

Nov. 4, 2008

Nov. 4, 2008

19

EXHIBIT re 18 Memorandum in Opposition to Motion to Dismiss by all plaintiffs filed by all plaintiffs. (Attachments: # 1 Exhibit(s) Cong. Research Serv. Report)(Crampton, Stephen) (Entered: 11/04/2008)

Nov. 4, 2008

Nov. 4, 2008

20

MEMORANDUM in Opposition re 12 MOTION to Dismiss for Failure to State a Claim filed by Child Evangelism Fellowship of Minnesota. (Crampton, Stephen) (Entered: 11/05/2008)

Nov. 5, 2008

Nov. 5, 2008

21

REPLY to Response to Motion re 6 MOTION for Preliminary Injunction filed by Child Evangelism Fellowship of Minnesota. (Crampton, Stephen) (Entered: 11/12/2008)

Nov. 12, 2008

Nov. 12, 2008

22

REPLY to Response to Motion re 12 MOTION to Dismiss for Failure to State a Claim filed by Elk River Area School District, #728. (Engh, Paul) (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

23

CERTIFICATE OF SERVICE by Elk River Area School District, #728 (Engh, Paul) (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

24

TEXT ENTRY for proceedings held before Judge Ann D. Montgomery: Motion Hearing held on 11/24/2008 re 12 MOTION to Dismiss for Failure to State a Claim filed by Elk River Area School District, #728, 6 MOTION for Preliminary Injunction filed by Child Evangelism Fellowship of Minnesota. Motions taken under advisement. (Court Reporter Tim Willette) (GS) (Entered: 11/24/2008)

Nov. 24, 2008

Nov. 24, 2008

25

MEMORANDUM OPINION AND ORDER granting 6 Plaintiff's Motion for Preliminary Injunction; denying 12 Defendants' Motion to Dismiss (Written Opinion). Signed by Judge Ann D. Montgomery on 02/06/2009. (TLU)

Feb. 6, 2009

Feb. 6, 2009

RECAP
26

STIPULATION of Dismissal Jointly Filed February 24, 2010 by Elk River Area School District, #728, Child Evangelism Fellowship of Minnesota. (Crampton, Stephen) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

27

ORDER re 26 Stipulation of Dismissal filed by Elk River Area School District, #728, Child Evangelism Fellowship of Minnesota. Signed by Judge Ann D. Montgomery on 2/26/2010. (GS) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

28

JUDGMENT (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference Notice, # 2 Civil Notice − appeal)(VEM) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

Case Details

State / Territory: Minnesota

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

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):

Private Plaintiff

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):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2009 - 0

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Access to public accommodations - governmental

Education

Religious programs / policies

School/University Facilities

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run