The Things That Are Caesar’s

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on the recent oral argument before the U.S. Supreme Court in Our Lady of Gaudalupe School v. Morrissey-Berru, which raises the question how broadly to construe the word “minister” within the ministerial exception to anti-discrimination law required by the First Amendment. Colb explains where the ministerial exception doctrine might be headed and suggests that an exemption even for criminal misconduct against ministers might be within the existing doctrine.

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Mitchell v. Dakota County Social Services

Docket: 19-1419

Opinion Date: May 19, 2020

Judge: Erickson

Areas of Law: Civil Rights, Constitutional Law, Family Law

Plaintiff, his three children, and Stop Child Protection Services from Legally Kidnapping filed suit against the county, DCSS, nine county officials, and three officials. Plaintiffs' constitutional, federal, and state law claims stemmed from a Child in Need of Protection of Services (CHIPS) proceeding by DCSS. The Eighth Circuit affirmed the district court's grant of defendants' motion to dismiss, holding that plaintiffs lacked standing to challenge the facial constitutionality of three Minnesota child welfare statutes; plaintiff was not entitled to monetary damages under 42 U.S.C. 1983, because he failed to establish a due process violation, an equal protection claim, and municipal liability and conspiracy; and the children are also not entitled to damages under section 1983. The court also held that, even if the complaint was sufficiently pled and established a constitutional violation, defendants would be entitled to qualified immunity. Furthermore, the court held that no conduct by the individual defendants, as alleged in the amended complaint, rose to the level of maliciousness required to deny official immunity under Minnesota law. Finally, plaintiffs are not entitled to declaratory relief.