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Steve Jankowski v. City of Duluth
Date: 12-23-2012
Case Number: 0:11-cv-03392-MJD-LIB
Judge: Michael J. Davis
Court: United States District Court for the District of Minnesota (St. Louis County)
Plaintiff's Attorney: Nathan W. Kellum, Stanley N. Zahorsky and Mark W. Peterson, Jonathan Scruggs
Defendant's Attorney: Steven B Hanke, M Alison Lutterman, Jonathan Scruggs and Nathan N LaCoursiere
Description:
Peter Scott and Steve Jankowski sued the City of Duluth on civil rights violation theories claiming that the City was unconstitutionally interfering with their right to preach to gospel of Christianity in public places being used by the City for Christmas displays in downtown Duluth. Plaintiff claimed that he was expressing his faith in a public place.
The City claimed that Plaintiff's loud preaching frightens children and distracts from the event, which features a castle-like entrance, a giant artificial treee and scenes of Santa, dinosaurs and Thomas the Tank Engine all made up of some three million lights. The Mayor claimed that Plaintiffs' behavior was obnoxious.
The Bentleyville "Tour of Lights" created by Nathan Bentley developed the event which draws 200,000 people to downtown Duluth and raises money for the Salvation Army.
Court minutes for this case during December:
12/05/2012 121 Minute Entry for proceedings held before Chief Judge Michael J. Davis: Motion Hearing held on 12/5/2012 re 104 MOTION to Vacate Order 33 Order on Report and Recommendation,,,, Order on Motion for Preliminary Injunction,,, filed by Jim Nilsson, Duluth, City of, 109 Emergency MOTION To Enforce Preliminary Injunction And To Hold Defendants In Contempt filed by Steve Jankowski, and Peter Scott. Motions were moved, argued and taken under advisement. Order to follow. (Court Reporter Lori Simpson) (KMW) (Entered: 12/05/2012)
12/05/2012 122 MEMORANDUM OPINION AND ORDER. IT IS HEREBY ORDERED that: 1. The City's Motion to Vacate Preliminary Injunction 104 is DENIED; 2. Plaintiffs' Emergency Motion to Enforce Preliminary Injunction and to Hold Defendants in Contempt 109 is GRANTED in part and DENIED in part as set forth in this Memorandum Opinion and Order; and 3. The Order dated December 20, 2011 is hereby amended as follows: Defendants are hereby enjoined from interfering with or prohibiting Plaintiffs and other third party speakers from engaging in protected expression, in the form of peaceful distribution of literature, display of signs and engaging in dialogue, in Bayfront Festival Park during the 2011 Tour of Lights event, the 2012 Tour of Lights event and all other future Tour of Lights events that take place during the pendency of this action, or until further Order of this Court. (Written Opinion). Signed by Chief Judge Michael J. Davis on 12/5/12. (GRR) (Entered: 12/05/2012)
12/12/2012 123 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, by Steve Jankowski, Peter Scott. (Scruggs, Jonathan) (Entered: 12/12/2012)
12/12/2012 124 NOTICE OF HEARING ON MOTION re: 123 by Steve Jankowski, Peter Scott. Motion Hearing set for 1/24/2012 10:00 AM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. (Scruggs, Jonathan) Modified on 12/13/2012 (jz). (Entered: 12/12/2012)
12/12/2012 125 MEMORANDUM in Support re 123 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Scruggs, Jonathan) (Entered: 12/12/2012)
12/12/2012 126 EXHIBIT TO PLAINTIFFS' MOTION TO AMEND COMPLAINT by All Plaintiffs filed by All Plaintiffs. (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)(Scruggs, Jonathan) Modified text on 12/13/2012 (jz). (Entered: 12/12/2012)
12/19/2012 127 RESPONSE in Opposition re 123 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by All Defendants. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Lutterman, M) (Entered: 12/19/2012)
12/19/2012 128 AFFIDAVIT of Amy Norris in OPPOSITION TO 123 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by All Defendants. (Lutterman, M) (Entered: 12/19/2012)
12/21/2012 129 MOTION to Compel Plaintiffs' Response to Defendants' Second Supplemental Request for Production of Documents No. 3 by Duluth, City of, Jim Nilsson. (LaCoursiere, Nathan) Modified text on 12/21/2012 (jz). (Entered: 12/21/2012)
12/21/2012 130 NOTICE OF HEARING ON MOTION 129 MOTION to Compel Plaintiffs' Response to Defendants' Second Supplemental Request for Production of Documents No. 3 : Motion Hearing set for 1/24/2013 10:00 AM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. (LaCoursiere, Nathan) Modified text on 12/21/2012 (jz). (Entered: 12/21/2012)
12/21/2012 131 MEMORANDUM in Support re 129 MOTION to Compel Plaintiffs' Response to Defendants' Second Supplemental Request for Production of Documents No. 3 filed by All Defendants. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(LaCoursiere, Nathan) Modified text on 12/21/2012 (jz). (Entered: 12/21/2012)
12/21/2012 132 AFFIDAVIT of Nathan N. LaCoursiere in SUPPORT OF 129 MOTION to Compel Plaintiffs' Response to Defendants' Second Supplemental Request for Production of Documents No. 3 filed by All Defendants. (Attachments: # 1 Exhibits A-J)(LaCoursiere, Nathan) Modified text on 12/21/2012 (jz). (Entered: 12/21/2012)
12/21/2012 133 MEET and CONFER STATEMENT re 129 Motion to Compel filed by All Defendants. (LaCoursiere, Nathan) (Entered: 12/21/2012)
12/21/2012 134 Second MOTION to Compel Answers to Requests for Admission by Steve Jankowski, Peter Scott. (Scruggs, Jonathan) (Entered: 12/21/2012)
12/21/2012 135 Notice of Markman Hearing by Steve Jankowski, Peter Scott. Markman Hearing set for 1/24/2013 10:00 AM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. (Scruggs, Jonathan) (Entered: 12/21/2012)
12/21/2012 136 MEMORANDUM in Support re 134 Second MOTION to Compel Answers to Requests for Admission filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Scruggs, Jonathan) (Entered: 12/21/2012)
12/21/2012 137 EXHIBIT re 134 Second MOTION to Compel Answers to Requests for Admission by All Plaintiffs filed by All Plaintiffs. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s))(Scruggs, Jonathan) (Entered: 12/21/2012)
12/21/2012 138 LETTER TO MAGISTRATE JUDGE by Steve Jankowski, Peter Scott . (Scruggs, Jonathan) (Entered: 12/21/2012)
The City claimed that Plaintiff's loud preaching frightens children and distracts from the event, which features a castle-like entrance, a giant artificial treee and scenes of Santa, dinosaurs and Thomas the Tank Engine all made up of some three million lights. The Mayor claimed that Plaintiffs' behavior was obnoxious.
The Bentleyville "Tour of Lights" created by Nathan Bentley developed the event which draws 200,000 people to downtown Duluth and raises money for the Salvation Army.
Court minutes for this case during December:
12/05/2012 121 Minute Entry for proceedings held before Chief Judge Michael J. Davis: Motion Hearing held on 12/5/2012 re 104 MOTION to Vacate Order 33 Order on Report and Recommendation,,,, Order on Motion for Preliminary Injunction,,, filed by Jim Nilsson, Duluth, City of, 109 Emergency MOTION To Enforce Preliminary Injunction And To Hold Defendants In Contempt filed by Steve Jankowski, and Peter Scott. Motions were moved, argued and taken under advisement. Order to follow. (Court Reporter Lori Simpson) (KMW) (Entered: 12/05/2012)
12/05/2012 122 MEMORANDUM OPINION AND ORDER. IT IS HEREBY ORDERED that: 1. The City's Motion to Vacate Preliminary Injunction 104 is DENIED; 2. Plaintiffs' Emergency Motion to Enforce Preliminary Injunction and to Hold Defendants in Contempt 109 is GRANTED in part and DENIED in part as set forth in this Memorandum Opinion and Order; and 3. The Order dated December 20, 2011 is hereby amended as follows: Defendants are hereby enjoined from interfering with or prohibiting Plaintiffs and other third party speakers from engaging in protected expression, in the form of peaceful distribution of literature, display of signs and engaging in dialogue, in Bayfront Festival Park during the 2011 Tour of Lights event, the 2012 Tour of Lights event and all other future Tour of Lights events that take place during the pendency of this action, or until further Order of this Court. (Written Opinion). Signed by Chief Judge Michael J. Davis on 12/5/12. (GRR) (Entered: 12/05/2012)
12/12/2012 123 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, by Steve Jankowski, Peter Scott. (Scruggs, Jonathan) (Entered: 12/12/2012)
12/12/2012 124 NOTICE OF HEARING ON MOTION re: 123 by Steve Jankowski, Peter Scott. Motion Hearing set for 1/24/2012 10:00 AM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. (Scruggs, Jonathan) Modified on 12/13/2012 (jz). (Entered: 12/12/2012)
12/12/2012 125 MEMORANDUM in Support re 123 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Scruggs, Jonathan) (Entered: 12/12/2012)
12/12/2012 126 EXHIBIT TO PLAINTIFFS' MOTION TO AMEND COMPLAINT by All Plaintiffs filed by All Plaintiffs. (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)(Scruggs, Jonathan) Modified text on 12/13/2012 (jz). (Entered: 12/12/2012)
12/19/2012 127 RESPONSE in Opposition re 123 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by All Defendants. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Lutterman, M) (Entered: 12/19/2012)
12/19/2012 128 AFFIDAVIT of Amy Norris in OPPOSITION TO 123 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, filed by All Defendants. (Lutterman, M) (Entered: 12/19/2012)
12/21/2012 129 MOTION to Compel Plaintiffs' Response to Defendants' Second Supplemental Request for Production of Documents No. 3 by Duluth, City of, Jim Nilsson. (LaCoursiere, Nathan) Modified text on 12/21/2012 (jz). (Entered: 12/21/2012)
12/21/2012 130 NOTICE OF HEARING ON MOTION 129 MOTION to Compel Plaintiffs' Response to Defendants' Second Supplemental Request for Production of Documents No. 3 : Motion Hearing set for 1/24/2013 10:00 AM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. (LaCoursiere, Nathan) Modified text on 12/21/2012 (jz). (Entered: 12/21/2012)
12/21/2012 131 MEMORANDUM in Support re 129 MOTION to Compel Plaintiffs' Response to Defendants' Second Supplemental Request for Production of Documents No. 3 filed by All Defendants. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(LaCoursiere, Nathan) Modified text on 12/21/2012 (jz). (Entered: 12/21/2012)
12/21/2012 132 AFFIDAVIT of Nathan N. LaCoursiere in SUPPORT OF 129 MOTION to Compel Plaintiffs' Response to Defendants' Second Supplemental Request for Production of Documents No. 3 filed by All Defendants. (Attachments: # 1 Exhibits A-J)(LaCoursiere, Nathan) Modified text on 12/21/2012 (jz). (Entered: 12/21/2012)
12/21/2012 133 MEET and CONFER STATEMENT re 129 Motion to Compel filed by All Defendants. (LaCoursiere, Nathan) (Entered: 12/21/2012)
12/21/2012 134 Second MOTION to Compel Answers to Requests for Admission by Steve Jankowski, Peter Scott. (Scruggs, Jonathan) (Entered: 12/21/2012)
12/21/2012 135 Notice of Markman Hearing by Steve Jankowski, Peter Scott. Markman Hearing set for 1/24/2013 10:00 AM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. (Scruggs, Jonathan) (Entered: 12/21/2012)
12/21/2012 136 MEMORANDUM in Support re 134 Second MOTION to Compel Answers to Requests for Admission filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Scruggs, Jonathan) (Entered: 12/21/2012)
12/21/2012 137 EXHIBIT re 134 Second MOTION to Compel Answers to Requests for Admission by All Plaintiffs filed by All Plaintiffs. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s))(Scruggs, Jonathan) (Entered: 12/21/2012)
12/21/2012 138 LETTER TO MAGISTRATE JUDGE by Steve Jankowski, Peter Scott . (Scruggs, Jonathan) (Entered: 12/21/2012)
Outcome:
Preliminary injunction issues.
Plaintiff's Experts:
Defendant's Experts:
Comments:
Editor's Comment: I live in the bible belt and I am subjected, against my will, to street preachers who extol me and others to repent as loudly as they are physically able to do so on the downtown streets daily.
About This Case
What was the outcome of Steve Jankowski v. City of Duluth?
The outcome was: Preliminary injunction issues.
Which court heard Steve Jankowski v. City of Duluth?
This case was heard in United States District Court for the District of Minnesota (St. Louis County), MN. The presiding judge was Michael J. Davis.
Who were the attorneys in Steve Jankowski v. City of Duluth?
Plaintiff's attorney: Nathan W. Kellum, Stanley N. Zahorsky and Mark W. Peterson, Jonathan Scruggs. Defendant's attorney: Steven B Hanke, M Alison Lutterman, Jonathan Scruggs and Nathan N LaCoursiere.
When was Steve Jankowski v. City of Duluth decided?
This case was decided on December 23, 2012.