Magistrate recommends dismissal of part of Molly Dennis’ lawsuit against city of Rochester – Post Bulletin

ROCHESTER — A federal judge is recommending at least part of the

Lawsuit of Rochester City Councilwoman Molly Dennis v. City

be dismissed

The recommendation comes seven months after US Federal Court Judge Douglas

Micko heard arguments on the city’s motion to dismiss

a discrimination lawsuit against the city, Mayor Kim Norton and fellow council member Patrick Keane.

Rochester City Attorney Michael Spindler-Krage said the recommendation is being made to Chief Judge Patrick Schiltz, who will make a final decision on the status of the case and issue an order at some point.

Before the decision is made, all parties to the trial have the option to challenge Micko’s report.

“We don’t know yet whether the parties will challenge the report and the recommendation,” Spindler-Krage said.

Until then, Micko’s report and recommendation are sealed, with court records saying only that he suggested the city’s motion to dismiss the complaint should be “granted in part and denied in part.” It does not indicate which of Dennis’ complaints he recommends could go forward in court.

Spindler-Krage said the court said the parties involved in the lawsuit are not allowed to share the document or its contents.

Dennis, who is representing herself in the lawsuit, said she has not received information related to the recommendation, which was posted online Tuesday, since the court communicates with her by mail.

No date has been set for future hearings or a potential trial, according to court records.

In her lawsuit, Dennis claims that her March 6, 2023 censure, as well as subsequent actions, violated several state and federal protections against discrimination based on her diagnosis of attention deficit hyperactivity disorder.

Erin Emory, an attorney with the Minneapolis law firm Greene Espel, who is representing the city, Norton and Keane in the lawsuit, argued before Micko in April that five of nine counts in Dennis’ complaint failed as a matter of law and four were missing. a basis beyond assertions.

“Essentially, this lawsuit is about censure,” she said, later adding, “There is no overlap between Council Member Dennis’ disability … and her conduct leading to censure.”

She also said most of the claims against Norton and Keane are improper, either based on their status as elected officials or as individuals.

Dennis told Micko that the censure was in retaliation for questions and allegations she raised about city practices and sought to discriminate against her.

“They used … legitimate symptoms of my disability to justify censorship,” she said of the language in the censorship document, which highlighted concerns about her actions and the use of staff time while providing guidelines for interaction staff throughout 2023.

She said she believes she can prove her claims if the case goes to trial.

“The information I brought to court is just the tip of the iceberg of the information I have,” she told Micko.

During the April hearing, Micko pointed to the potential for portions of Dennis’ complaint to move forward while other sections could be dismissed, citing the need to consider how an elected official might be affected by prior laws and rulings related to of employee discrimination.