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Friday, November 20, 2009
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Litigation Report - North Dakota
 
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.