NORTH DAKOTA
Wishnatsky v. Rovner (U.S. District Court for the District of North Dakota):
Fargo, North Dakota, pro-life/religious liberty activist Martin
Wishnatsky objected to the state law school’s legal clinic
handling a challenge to a local Ten Commandments display. A year
later, he requested the same legal clinic to represent him in a
challenge to the display of the pagan goddess Themis atop a
courthouse. Clinic director Laura Rovner refused, citing workload
and Wishnatsky’s “persistent and antagonistic
actions” against the clinic and its staff. Wishnatsky sued
pro se
in federal district court in Fargo, asserting denial of his First
Amendment rights. The district court dismissed his suit. The ACLJ
represented Wishnatsky on appeal, winning a ruling from the Eighth
Circuit that a viewpoint-based denial of legal services would violate
the First Amendment, and that Wishnatsky stated a valid claim.
Meanwhile, Prof. Rovner left the state law school. On remand,
Rovner moved for partial summary judgment in her individual
capacity. Wishnatsky simultaneously moved to amend the complaint
to drop Rovner in her individual capacity. The district court
granted leave to amend, mooting Rovner’s summary judgment
motion. Rovner moved for reconsideration. The ACLJ is drafting
its opposition to reconsideration.