In an alarming video posted to YouTube this week, two St. Paul police officers violently arrested and tazed a black man who was simply waiting in the skyway to pickup his children from New Horizon’s Academy. The CityPages reports that the man is Chris Lollie; his mugshot is posted below.

Officers. M. Johnson and Bruce Schmidt filed a report that indicated Lollie had refused to leave the area; paradoxically, the report made no mention of why Lollie wasn’t allowed in the skyway. The officers inexplicably  charged Lollie with three crimes, all of which were dismissed. Based on the video and the available information, a lawsuit against the officers seems highly likely.

Madia Law, who does not represent Lollie, prosecutes lawsuits against police officers in Minnesota and Wisconsin who violate the 4th Amendment of the U.S. Constitution by performing unreasonable searches and seizures, unlawful arrests, or using excessive force.  Additionally, Madia Law holds government officials accountable for racism, sexism, sexual orientation discrimination, and more, by bringing suit for violations of the 14th Amendment.

See also: April 2012: Madia Law Wins Jury Trial in Federal Court for Excessive Force By St. Paul Police

See also: June 2014: Madia Law Jury Trial Verdict: Officer Violated 4th Amendment 

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Since the police shooting death of an unarmed 18-year-old black male in Ferguson, Missouri last week, the town of 21,000 people has become a focal point in the country’s discussion of excessive force and police misconduct. Within days of the shooting, lawyers announced that they were looking at civil rights claims related to the shooting death. Then, reports of clashes between police and protestors demanding answers began flooding social media.

Midwest Civil Rights Attorneys

Attempts to cover the story by news outlets have proven difficult. Yesterday, two reporters were arrested for allegedly trespassing in a McDonald’s restaurant. They were subsequently released without being charged after the police chief learned that they were from the media. Police fired tear gas at reporters stationed at a roadside with camera and lighting equipment. New Yorker reporter Jelani Cobb provides a detailed account of her observations.

Imminent civil rights lawsuits are almost certain. Based on the reports, it appears likely that Ferguson Police may be subject to litigation in cases alleging violations of the First, Fourth, Fifth, and Fourteenth Amendments, including allegations of excessive force, unreasonable search and seizure,  unlawful arrest, and deprivation of free speech and the freedom of the press.

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Madia Law filed a motion for summary judgment Tuesday in the historic lawsuit challenging North Dakota’s ban on same-sex marriage. From the Guardian Newspaper:

A lawyer filed a motion late Tuesday calling on a judge to rule on the legality of gay marriage in North Dakota, the last US state to face a challenge to its constitutional ban on same-sex unions.

Attorney Joshua Newville, representing seven couples in the state, filed the motion for dismissal in the US district court in Fargo in a move that has been successfully used in other states wrestling with same-sex marriage bans. Other bans are currently being challenged in states including Colorado and Georgia.

Newville’s original suit, filed in June, argues that the ban subjects same-sex couples seeking to marry to “an irreparable denial of their constitutional rights” and the state “will incur little to no burden in allowing same-sex couples to marry and in recognizing the lawful marriages of same-sex couples from other jurisdictions on the same terms as different-sex couples”.

Earlier this month North Dakota solicitor general Doug Bahr called for Newville’s case to be dismissed arguing that states have the right to define and regulate marriage.

Newville, a lawyer with the Minneapolis-based firm Madia Law, said: “We are seeking an order from a district judge that declares marriage equality the law of the land in North Dakota.”

North Dakota is the final state to face a challenge to a same-sex marriage ban. The legal case comes after a series of local victories for marriage equality proponents across the US that is putting pressure on the US supreme court to rule once more on gay marriage.

“We all agree that North Dakota denies loving, committed same-sex couples recognition of their marriages. That is not in dispute,” said Newville. “This is a constitutional issue and North Dakota is in violation of the constitution by refusing to marry couples and to recognise marriages from other states and jurisdictions.”

Celeste Carlson Allebach who, with her wife Amber, is one of the plaintiffs in the case said: “We’re very excited with this filing. We’re optimistic and hope to get a ruling before the birth of our coming child so that our family will be recognized as equal under the eyes of North Dakota law and both of us can be listed as parents on our child’s birth certificate.”

Last June the highest US court ruled that married same-sex couples were entitled to federal benefits and effectively ended a ban on gay marriage in California that had been overturned by a lower court. In the wake of those decisions courts in more than a dozen states have invalidated bans on same-sex marriage while others have partially invalidated their rules to recognise marriages from outside the state.

Carl Tobias, Williams professor of law at the University of Richmond said it now looked inevitable that the supreme court would have to revisit same-sex marriage.

“Since the supreme court decision we have had a stream of rulings that have favoured plaintiffs and I think we are likely to see the same in North Dakota,” said Tobias.

In August the 6th circuit court of appeals will hear arguments from gay marriage cases in Ohio, Kentucky, Michigan and Tennessee. The 5th circuit court of appeals, one of the most conservative courts representing Louisiana, Mississippi and Texas, is also expected to start hearing same-sex marriage cases soon, although no date has been set.

“In all likelihood one of the courts could vote against same-sex marriage,” said Tobias. He said he had been surprised that so far decisions had been “so uniform and so fast. The decisions are building on one another and finding earlier arguments persuasive.”

But he said a vote supporting a gay marriage ban was likely and that such a vote would likely lead to another supreme court hearing.

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In just a few short weeks, an amendment to the Minnesota Human Rights Act (“MHRA”) that will provide a right to a jury trial for claims arising under that law will go into effect.

Minnesota Jury Trial Attorneys

 

The MHRA  prohibits discrimination and retaliation for opposing such discrimination in a variety of contexts, including public and private employment, housing, education, public accommodation, and more. Protected classes under the MHRA include race, color, creed, religion, national origin, sex, marital status, disability, status with regarding to public assistance, sexual orientation, and age. [click to continue…]

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On June 24, 2014, after a two-day trial, a federal jury found that officer Robert Thunder violated Madia Law Client Michael Flowers’ constitutional right to be free from unreasonable search and seizure. Madia Law Attorney Ashwin Madia represented Mr. Flowers at trial, which was presided over by Chief Judge Michael Davis of the United States District Court for the District of Minnesota.

MN Police Misconduct Lawyers

Mr. Flowers is a 51-year-old disabled black male who has Acquired Immune Deficiency Syndrome (“AIDS”), a serious and potentially deadly condition that has an extreme effect on daily life activity and enables him to receive “limited mobility” designation on his Minnesota drivers license. A designation of “limited mobility” allows for reduced fare with Metro Transit.  [click to continue…]

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On June 6, 2014, Attorney Joshua Newville of Madia Law filed a lawsuit on behalf of seven same-sex couples in North Dakota. The lawsuit, Ramsay, et al. v. Dalrymple, et al., 14-CV-57, was filed in United States District Court in Fargo, North Dakota.

Like Madia Law’s filing in South Dakota two weeks ago, the lawsuit against North Dakota officials is the first lawsuit in the state to challenge the state’s same-sex marriage ban. The lawsuit alleges the state’s ban on marrying same-sex couples and its refusal to recognize the marriages of other jurisdictions deprives gay and lesbians from their constitutionally-protected rights of equal protection, due process, and right to travel.

Advocacy group Freedom to Marry is tracking the progress of marriage equality litigation across the country.

 KFYRTV.COM – Bismarck, ND – News, Weather, Sports

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On May 22, 2014, on behalf of twelve South Dakota residents, Madia Law Attorney Joshua Newville filed a federal lawsuit in United States District Court in Sioux Falls, South Dakota.  The lawsuit challenges the constitutionality of South Dakota’s statutory and constitutional bans on same-sex marriage.

The lawsuit was filed on behalf of Plaintiffs Jennie and Nancy Rosenbrahn, Jeremy Coller and Clay Schweitzer, Lynn and Monica Serling-Swank, Krystal Cosby and Kaitlynn Hoerner, Barbara and Ashley Wright, and Greg Kniffen and Mark Church. Defendants include Governor Dennis Daugaard, Attorney General Marty Jackley, Secretary of Health Doneen Hollingsworth, Secretary of Public Safety Trevor Jones, Pennington County Register of Deeds Donna Mayer, and Brown County Register of Deeds Carol Sherman. United States District Court Judge Karen Schreier is overseeing the matter in the Southern Division of the District of South Dakota. The Court file number is 14-4081.  The allegations contained in the Complaint are below: [click to continue…]

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On behalf of the United States and the State of Wisconsin, Madia Law has filed a federal qui tam action in the Eastern District of Wisconsin federal District Court.  The filing alleges Medicare fraud against the government by multiple corporate Defendants and medical doctors in eastern Wisconsin.  Pending potential intervention by the United States Attorney’s Office, the suit remains under seal for at least 60 days.

MN and WI False Claims Act Attorneys

In a qui tam action, a private party known as a relator brings a whistleblower suit on behalf of the government; thus, the government, not the relator, is considered the plaintiff.  If the action is successful in prosecuting the fraud, the relator receives an award, generally based on a portion of the amount recovered for the government.  The False Claims Act, Title 31 U.S.C. § 3279 et seq., authorizes qui tam actions and requires that parties wishing to bring such actions retain counsel.

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Yesterday, Minnesota Governor Mark Dayton signed into law an amendment to the Minnesota Human Rights Act that will ensure victims of discrimination and retaliation are entitled to a jury trial.  The bill, SF2322, was passed by the House and Senate in previous weeks and will go into effect on August 1, 2014.

Minnesota Jury Trial Attorneys

Previously, there was uncertainty over whether a victim of workplace discrimination, harassment, or retaliation would receive a jury trial, and to what level the jury’s verdict was entitled to deference.  Due to a legal intersection of federal, state, common, and statutory law, and depending on what claims were brought and in what venue, there were often instances were individuals who have been the target of illegal activity by their employer have only been allowed a trial by judge.   [click to continue…]

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On Friday, May 2, Madia Law filed a federal lawsuit in the United States District Court for the Western District of Wisconsin. The lawsuit, filed against NeuroScience, Inc. and Pharmasan Labs, Inc., alleges pay discrimination on the basis of sex/gender.

Wisconsin Sex Discrimination Lawyers

Defendants NeuroScience and Pharmasan Labs advertise themselves as being committed to delivering personalized health care solutions. The companies include a clinical laboratory improvements-regulated specialty reference laboratory, purportedly providing licensed health care providers with integrative clinical assessments (testing) and proprietary nutraceuticals (supplements) that purportedly identify and target neurological and hormonal imbalances.

Plaintiff Danielle Ailts Campeau has a bachelor’s degree and a master’s degree from the University of Wisconsin at River Falls. Campeau’s full-time employment with Defendants began in May 2007.  Campeau began as a technical support specialist and quickly rose to one of the most senior positions in the company, overseeing multiple departments and projects and assisting in privacy and compliance officer functions.

Midway through her employment with Defendants, Campeau discovered that she was substantially underpaid compared to men in the company who had both similar and significantly less education, experience, and responsibility.  Campeau approached Defendants regarding this unequal pay and was rebuffed.  Campeau remained grossly underpaid compared to men in both comparable and less comparable positions (with regard to education, experience, and job responsibilities).

In February 2014, after opposing unfair treatment of a fellow female employee, Campeau was immediately terminated by Defendants.

Campeau is in possession of substantial evidence that she and other female employees of Defendants were and are significantly underpaid compared to men in the company.  Defendants’ actions in this regard violate Title VII of the Civil Rights Act of 1964 and the Equal Pay Act.

Campeau’s lawsuit is filed on behalf of herself and other female employees of Defendants.  Female employees will have the opportunity to join Campeau’s lawsuit as opt-in plaintiffs in this action, pursuing monetary damages from Defendants, punitive damages, and all other relief available by law.

Campeau’s attorney is Madia Law’s Joshua Newville, a Minnesota and Wisconsin employment and civil rights attorney.  Newville’s phone number is 612.349.2743.

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May 2014: Newville to Speak on Employee Rights at “Argument of the Month Club”

April 29, 2014

The Argument of the Month Club describes itself as, “The Men’s Forum for Catholic Apologetics.”  Started 14 years ago, the wildly successful forum now attracts more than 500 men to its monthly discussions.  Tackling tough and wide-ranging topics, the group’s mission is to enlighten both Catholics and non-Catholics in order to better teach and defend the […]

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April 2014: Madia Law Retained to Challenge South Dakota Same-Sex Marriage Ban

April 24, 2014

–For Immediate Release– MAYOR HODGES TO MARRY SOUTH DAKOTA COUPLE WHO WILL CHALLENGE STATE’S SAME-SEX MARRIAGE BAN Minneapolis, April 24, 2014 – This Saturday, Minneapolis Mayor Betsy Hodges will welcome visitors Nancy Robrahn and Jennie Rosenkranz to The City of Lakes.  The Mayor will then marry the South Dakota couple, setting the stage for them […]

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Ashwin Madia Speaks on Rule of Law

April 2, 2014

On Friday, March 21, 2014, Ashwin Madia was invited to speak to students at St. Louis Park High School regarding the rule of law.  Madia is a former Marine JAG who served in Iraq and helped establish the rule of law in the war-torn country.  A full video of the speech is available below:

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Changes to Overtime Regulations Expand FLSA Coverage

March 18, 2014

Last week, in a move that will lead to millions more employees being eligible for overtime wage rates for hours worked over 40, President Obama signed an executive order modifying regulations contained in the Fair Labor Standards Act (“FLSA”). The FLSA requires that employees who are not classified as “exempt” must be paid overtime wage […]

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Madia Law Files 4th Amendment Lawsuit Against Bloomington Police Officer Jeff Thibert

February 21, 2014

On Monday, Madia Law filed suit in United States District Court on behalf of Plaintiff Tammy Liddle against Bloomington Police Officer Jeff Thibert.  Ms. Liddle’s federal lawsuit (14-CV-431-JNE/JSM) alleges unreasonable search and seizure, unlawful arrest, and excessive force.  Ms. Liddle is also in possession of squad cam video of the subject incident.   Below is […]

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Ashwin Madia: “Leading Outside Your Comfort Zone”

January 29, 2014

On January 15, 2014, Ashwin Madia spoke on Leading Outside Your Comfort Zone as part of the University of Minnesota Law School‘s Corporate Institute Leadership Foundations Program.  Below is a video and transcript of his talk:

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January 2014: Madia Law Files Suit Against Baxter Police Officer

January 14, 2014

The ability to safely, calmly and professionally interact with the public without rage and violence is an intrinsic and basic part of law enforcement.  According to a lawsuit filed by Madia Law on behalf of Walter Tournat, an 85-year-old disabled Navy veteran who had called police to his own home, on November 16, 2013, Baxter Police […]

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December 2013: Madia Law beats summary judgment and settles age discrimination case

January 10, 2014

Madia Law settled an age discrimination case on behalf of “Joan” after defeating her former employer’s motion for summary judgment. The terms are confidential pursuant to the parties’ settlement agreement.

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Failure to Treat Exotic Dancers as Employees a Liability

January 8, 2014

Historically, owners and managers of strip clubs have adhered to a business model that classifies exotic dancers (often called “strippers”) as independent contractors rather than employees.  By classifying dancers as independent contractors, employers are able to reap the financial benefits of having dancers work for them (and, as a result, turning a profit) while simultaneously […]

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Email and Social Media: Nothing is private. Nothing.

December 5, 2013

The myriad surveys, articles, and headlines are clear: whether you are aware of it or not, your employers—both prospective and current—are monitoring (and, in some instances, controlling) your social media presence. [1] [2] [3].  As long as management-side employment law attorneys continue to tout a parade of horrible to their clients regarding social media, this trend will […]

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