• May 14, 2010

U.S. District Court Judge Donovan Frank has rejected a handful of motions brought by the defendants in this First Amendment Establishment Clause case brought by by the American Civil Liberties Union (represented pro bono by Dorsey & Whitney, led by Peter Lancaster).  (The case has been repeatedly covered by Minnesota Litigator (here)).

Defendants brought a motion to dismiss for failure to adequately plead constitutional violations against defendants in their individual capacities (as opposed to their official capacities), a motion to dismiss based on qualified immunity, a motion to dismiss codefendant claims’ for indemnification, and, finally certain Academy students and parents sought to intervene.  The May 7 opinion and order is here.  The one small concession to defendants: the rejected intervenors are permitted to file amicus curiae (“friend of the court”) briefs.

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