Eggenberger v. West Albany Township, No. 15-1378 (8th Cir. 2016)
Annotate this CasePlaintiff, a citizen and political activist, filed suit against the Township and its clerk, alleging violations of his Minnesota and federal constitutional rights and unlawful retaliation. The district court dismissed the suit. Plaintiff alleged that the Township targeted him specifically and prevented him from viewing and photocopying the type of documents generally available to the public. The court concluded that plaintiff has no cause of action under the Minnesota Constitution because there is no private cause of action for violations of the Minnesota Constitution. Furthermore, the Township did not "create" a common law right by allowing plaintiff and others some access to documents. The court also concluded that plaintiff's First Amendment claim was properly dismissed because the Township did not create a First Amendment right to access all information simply by allowing plaintiff and other members of the public some access to its documents. Finally, plaintiff has failed to show any chilling effect on his constitutional rights, and plaintiff did not engage in protected activity by filing the lawsuit and his claim of retaliation fails. Accordingly, the court affirmed the judgment.
Court Description: Bye, Author, with Wollman and Loken, Circuit Judges] Civil case - Civil rights. There is no private cause of action for violations of the Minnesota Constitution, and the court properly dismissed the counts of plaintiff's complaint alleging violations of the Minnesota Constitution; there was no constitutionally-protected common law right to access of defendant's documents; defendant's action in allowing plaintiff and other members of the public some access to its documents did not create a First Amendment right to access all information; retaliation claims rejected.
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