Satanic Temple, The v. Belle Plaine, City of

Monument intended for veterans park
Satanic Temple, The v. Belle Plaine, City of ("Satanic Temple I")
Filing Date	4/25/2019
Original Jurisdiction	US District Court for the District of Minnesota
Plaintiff	The Satanic Temple Inc.
Defendant	City of Belle Plaine, Minnesota; Mayor Christopher Meyer; and Councillors Ben Stier, Cary Coop, Paul Chard, and Theresa McDaniel (all Terminated - July 31, 2020)
Intervenor	N/A
State	Minnesota
Case#	0:19-cv-01122-WMW-JFD
Original Result	Dismissed (failure)
First Appeal	Appealed (ongoing)
Second Appeal	N/A
Final Result

Satanic Temple, Inc v. Belle Plaine, City of ("Satanic Temple II")
Filing Date	2/04/2021
Original Jurisdiction	US District Court for the District of Minnesota
Plaintiff	The Satanic Temple Inc.
Defendant	City of Belle Plaine, MN
Intervenor	N/A
State	Minnesota
Case#	0:2021cv00336
Original Result	Dismissed and sanctioned (failure)
First Appeal	Appealed (ongoing)
Second Appeal	Affirmed (failure)
Final Result	Affirmed (failure)

The Satanic Temple lost its court battle with the city of Belle Plaine four years after the religious group attempted to put a monument in the local Veterans Memorial Park. TST's attorney Matthew Kezhaya was also sanctioned for bringing a duplicative lawsuit while the first was ongoing.

Both actions ultimately were upheld on appeal.

Appellate Court Case Summary

After a resident placed a statue of a soldier kneeling before a cross in the Park without the City’s permission, someone threatened to sue and the City removed the statue. The Belle Plaine City Council then passed an “Enacting Resolution,” which designated the Park as a limited public forum and allowed people with a permit to place monuments.

In March 2017, the City gave two groups permits: the Belle Plaine Veterans Club and the Satanic Temple. The Veterans Club returned the kneeling soldier statue to the Park in April, but the Satanic Temple’s display wasn’t ready yet. While the Satanic Temple’s display was being built, people objected to it being placed in the Park. In June, the Satanic Temple told the City that its display was ready. The City Council then passed a “Recission Resolution,” closing the Park as a limited public forum, terminating both permits, and instructing the Veterans Club to remove its statue.

The Satanic Temple sued the City (Satanic Temple I). It alleged that the City had violated the U.S. Constitution, Minnesota Constitution, and Religious Land Use and Institutionalized Persons Act (RLUIPA) and that the City was liable under the doctrine of promissory estoppel. After both parties moved for judgment on the pleadings, the district court dismissed the constitutional and RLUIPA claims without prejudice but allowed the promissory estoppel claim to move forward. A Magistrate Judge denied the Satanic Temple’s attempt to amend its complaint. So it sued again (Satanic Temple II), reasserting the constitutional claims dismissed from Satanic Temple I and bringing new claims under the U.S. and Minnesota Constitutions. The district court granted summary judgment to the City on the promissory estoppel claim from Satanic Temple I and dismissed the Satanic Temple II claims on res judicata grounds.

Sanctions

The court ordered TST lawyer Matt Kezhaya to pay Belle Plain $16,943 (50 percent of the $33,886 originally sought by the city) to sanction TST for its behaviour in this case (including late filing of documents and for re-filing claims that had already been dismissed):

"TST’s misconduct resulted in a waste of resources, both for Belle Plaine and for the Court. And TST’s misconduct in filing Satanic Temple II occurred after TST had disregarded multiple court-imposed deadlines in Satanic Temple I, demonstrated an extraordinary lack of diligence in attempting to comply with the deadlines in Satanic Temple I, and made an untimely attempt in Satanic Temple I to baselessly reassert claims that the Court had dismissed. TST’s behavior, including its repeated disregard of court orders, suggests that a mere reprimand from the Court would be insufficient to deter similar misconduct in the future. As such, the Court exercised its discretion and determined that an award of attorneys’ fees, limited to those reasonably incurred in responding to the frivolous complaint in Satanic Temple II and seeking sanctions, is necessary to deter repetition of the same or similar misconduct."

Kezhaya appealed the sanctions, which ultimately were upheld by the Eighth Circuit.

Appeal Docket

The Satanic Temple v. City of Belle Plaine, et al | Appeal From: U.S. District Court for the District of Minnesota

Date	PDF File	Docket entry
9/21/2021	Document	APPEARANCE filed by Matthew A. Kezhaya for Appellant The Satanic Temple w/service 09/21/2021 [5078939] [21-3079] (MAK) [Entered: 09/21/2021 12:57 PM]
9/27/2021	Document	METHOD of appendix preparation filed by Appellant The Satanic Temple in 21-3079, 21-3081 - Separate Appendix - w/service 09/27/2021 [5081203] [21-3079, 21-3081] (MAK) [Entered: 09/27/2021 05:39 PM]
09/29/2021	📄	STATEMENT of issues filed by Appellant The Satanic Temple in 21-3079, 21-3081 - w/service 09/29/2021. [5082064] [21-3079, 21-3081] (MAK) [Entered: 09/29/2021 07:46 PM]
09/29/2021	Document	DESIGNATION of record, Certificate of Transcript, and Method of Appendix Preparation filed by Appellant The Satanic Temple in 21-3079, 21-3081. w/service 09/29/2021 [5082065] [21-3079, 21-3081]--[Edited 09/30/2021 by CRJ. ENTRY EDITED TO ADD ADDITIONAL NOTICES.] (MAK) [Entered: 09/29/2021 07:48 PM]
09/29/2021	Document	DESIGNATION of record, Certificate of Transcript, and Method of Appendix Preparation filed by Appellant The Satanic Temple in 21-3079, 21-3081. w/service 09/29/2021 [5082066] [21-3079, 21-3081]--[Edited 09/30/2021 by CRJ. ENTRY IS SAME AS 5082065 WITH THE EXCEPTION OF A FOOTER CHANGE FROM STATEMENT OF ISSUES TO DESIGNATION OF RECORD.] (MAK) [Entered: 09/29/2021 07:51 PM]
10/14/2021	📄	MOTION for extension of time to file brief until 12/06/2021, filed by Attorney Mr. Matthew A. Kezhaya for Appellant The Satanic Temple in 21-3079, 21-3081 w/service 10/14/2021. [5087411] [21-3079, 21-3081] (MAK) [Entered: 10/14/2021 05:29 PM]
10/15/2021	Document	CLERK ORDER:Granting [5087411-2] motion for extension of time to file brief filed by Mr. Matthew A. Kezhaya. Brief of The Satanic Temple due 12/06/2021. Appendix due on 12/06/2021. [5087443] [21-3079, 21-3081] (CRJ) [Entered: 10/15/2021 08:30 AM]
11/10/2021	📄	CORPORATE disclosure statement filed by Appellant The Satanic Temple in 21-3079, 21-3081. - FOR CAL [5096756] [21-3079, 21-3081] (MAK) [Entered: 11/10/2021 05:53 PM]
11/16/2021	📄	MOTION for extension of time to file brief until 01/05/2022, filed by Attorney Mr. Matthew A. Kezhaya for Appellant The Satanic Temple in 21-3079, 21-3081 w/service 11/16/2021. [5098135] [21-3079, 21-3081] (MAK) [Entered: 11/16/2021 02:19 PM]
11/16/2021	📄	CLERK ORDER:Granting [5098135-2] motion for extension of time to file brief filed by Mr. Matthew A. Kezhaya. Brief of The Satanic Temple due 01/05/2022. Appendix due on 01/05/2022. [5098325] [21-3079, 21-3081] (CRJ) [Entered: 11/16/2021 04:58 PM]
12/17/2021	N/A	RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #119 [Copy do not return to the District Court at end of case], Source Location: USDC / MN, Dt. of Proceeding/Hearing: 12/17/2020, No. of Pgs.: 40, Court Reporter: Simpson, Christine A. [5109074] [21-3079, 21-3081] (STL) [Entered: 12/17/2021 08:25 AM]
12/17/2021	N/A	RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #120 [Copy do not return to the District Court at end of case], Source Location: USDC / MN, Dt. of Proceeding/Hearing: 04/27/2021, No. of Pgs.: 74, Court Reporter: Simpson, Lori Ann [5109075] [21-3079, 21-3081] (STL) [Entered: 12/17/2021 08:27 AM]
12/22/2021	📄	MOTION for extension of time to file brief until 02/04/2022, filed by Attorney Mr. Matthew A. Kezhaya for Appellant The Satanic Temple in 21-3079, 21-3081 w/service 12/22/2021. [5110760] [21-3079, 21-3081] (MAK) [Entered: 12/22/2021 02:16 PM]
12/22/2021	📄	CLERK ORDER:Granting in Part [5110760-2] motion for extension of time to file brief filed by Mr. Matthew A. Kezhaya [5110896] Brief of The Satanic Temple due 01/21/2022. Appendix due on 01/21/2022 [5110896] [21-3079, 21-3081] (CRJ) [Entered: 12/22/2021 04:53 PM]
01/21/2022	🔒	APPELLANT brief of The Satanic Temple in 21-3079, 21-3081 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5119652] [21-3079, 21-3081] (MAK) [Entered: 01/21/2022 06:50 PM]
01/21/2022	🔒	Addendum of APPELLANT submitted for review by The Satanic Temple in 21-3079. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5119653] [21-3079, 21-3081] (MAK) [Entered: 01/21/2022 06:51 PM]
01/24/2022	📄	Brief deficiency notice sent to counsel, Attorney Mr. Matthew A. Kezhaya for Appellant The Satanic Temple in 21-3079. [5119753] [21-3079, 21-3081] (CRJ) [Entered: 01/24/2022 09:27 AM]
01/24/2022	📄	ADDENDUM of APPELLANT FILED by Appellant The Satanic Temple in 21-3079, 21-3081 , w/service 01/24/2022 [5119766] [21-3079, 21-3081] (CRJ) [Entered: 01/24/2022 09:34 AM]
01/28/2022	🔒	APPELLANT brief of The Satanic Temple in 21-3079, 21-3081 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5121956] [21-3079, 21-3081] (MAK) [Entered: 01/28/2022 04:17 PM]
01/31/2022	📄	BRIEF FILED - APPELLANT BRIEF filed by The Satanic Temple in 21-3079, 21-3081. w/service 01/31/2022 , Length: 12,964 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM The Satanic Temple due 02/07/2022 WITH certificate of service for paper briefs. Brief of Paul Chard, City of Belle Plaine, Cary Coop, Theresa McDaniel, Christopher Meyer and Ben Stier due on 03/02/2022 [5122392] [21-3079, 21-3081] (CRJ) [Entered: 01/31/2022 02:58 PM]
02/03/2022	📄	MOTION for extension of time to file brief until 04/01/2022, filed by Attorney Mr. Monte Mills for Appellees Mr. Paul Chard, City of Belle Plaine, Mr. Cary Coop, Ms. Theresa McDaniel, Mr. Christopher Meyer and Mr. Ben Stier in 21-3079, Attorney Mr. Monte Mills for Appellee City of Belle Plaine in 21-3081 w/service 02/03/2022. [5123755] [21-3079, 21-3081] (MM) [Entered: 02/03/2022 01:03 PM]
02/03/2022	📄	CLERK ORDER:Granting 5123755-2 motion for extension of time to file brief filed by Mr. Monte Mills. Brief of Paul Chard, City of Belle Plaine, Cary Coop, Theresa McDaniel, Christopher Meyer and Ben Stier due 04/01/2022. [5123788] [21-3079, 21-3081] (CRJ) [Entered: 02/03/2022 02:25 PM]
02/07/2022	N/A	RECORD FILED - APLNT/PET APPENDIX, 2 volumes, Comments: 3 Sets of Appellant's 2 Volume Appendix [5125008] [21-3079, 21-3081] (AMT) [Entered: 02/08/2022 10:33 AM]
02/07/2022	N/A	Paper copies Appellant/Petitioner Brief, [5122392-2] filed by The Satanic Temple in 21-3079, 21-3081 10 paper copies received. w/Addendum attached [5125014] [21-3079, 21-3081] (AMT) [Entered: 02/08/2022 10:35 AM]
04/01/2022	🔒	APPELLEE brief of City of Belle Plaine in 21-3079, 21-3081 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5143096] [21-3079, 21-3081] (MM) [Entered: 04/01/2022 02:52 PM]
04/01/2022	📄	Brief deficiency notice sent to counsel, Attorney Mr. Monte Mills for Appellees City of Belle Plaine, Mr. Cary Coop, Ms. Theresa McDaniel, Mr. Ben Stier, Mr. Paul Chard and Mr. Christopher Meyer in 21-3079, Attorney Mr. Monte Mills for Appellee City of Belle Plaine in 21-3081. [5143121] [21-3079, 21-3081] (CRJ) [Entered: 04/01/2022 03:29 PM]
04/01/2022	🔒	APPELLEE brief of City of Belle Plaine in 21-3079, 21-3081 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5143146] [21-3079, 21-3081] (MM) [Entered: 04/01/2022 03:57 PM]
04/04/2022	📄	BRIEF FILED - APPELLEE BRIEF filed by City of Belle Plaine in 21-3079, 21-3081, w/service 04/04/2022 , Length: 12,857 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM City of Belle Plaine due 04/11/2022 WITH certificate of service for paper briefs. Reply brief of The Satanic Temple due on 04/25/2022. [5143291] [21-3079, 21-3081] (CRJ) [Entered: 04/04/2022 09:15 AM]
04/06/2022	N/A	RECORD FILED - APLEE/RES APPENDIX, 1 volume, Comments: 3 copies of 1 Volume Appendix [5145162] [21-3079, 21-3081] (CRJ) [Entered: 04/07/2022 12:29 PM]
04/07/2022	N/A	Paper copies Appellee/Respondent brief, [5143291-2] filed by Mr. Paul Chard, City of Belle Plaine, Mr. Cary Coop, Ms. Theresa McDaniel, Mr. Christopher Meyer and Mr. Ben Stier in 21-3079, City of Belle Plaine in 21-3081 10 paper copies received. [5145690] [21-3079, 21-3081] (CRJ) [Entered: 04/08/2022 02:36 PM]
04/08/2022	📄	MOTION for extension of time to file brief until 05/25/2022, filed by Attorney Mr. Matthew A. Kezhaya for Appellant The Satanic Temple in 21-3079, 21-3081 w/service 04/08/2022. [5145622] [21-3079, 21-3081] (MAK) [Entered: 04/08/2022 01:56 PM]
04/08/2022	📄	CLERK ORDER:Granting [5145622-2] motion for extension of time to file brief filed by Mr. Matthew A. Kezhaya. Reply briefs of The Satanic Temple in cases 21-3079 and 21-3081 due 05/25/2022 [5145722] [21-3079, 21-3081] (MRM) [Entered: 04/08/2022 02:57 PM]
04/26/2022	N/A	Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts. Click Here to View Published Argument Calendars and Future Court Session Dates and Locations [ Note: Archived calendar][ Future Calendar] If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [5151069] [21-3079, 21-3081] (MR) [Entered: 04/26/2022 04:04 PM]
05/02/2022	📄	LETTER from Appellee City of Belle Plaine in 21-3079, 21-3081 regarding availability for oral argument. w/service 05/02/2022 [5152713] [21-3079, 21-3081] (MM) [Entered: 05/02/2022 10:11 AM]
05/13/2022	📄	LETTER from Appellant The Satanic Temple in 21-3079, 21-3081 regarding availability for oral argument. w/service 05/13/2022 [5157449] [21-3079, 21-3081] (MAK) [Entered: 05/13/2022 06:02 PM]
05/18/2022	📄	LETTER from Appellee City of Belle Plaine in 21-3079, 21-3081 regarding availability for oral argument. w/service 05/18/2022 [5158992] [21-3079, 21-3081] (MM) [Entered: 05/18/2022 04:19 PM]
05/25/2022	🔒	REPLY brief of The Satanic Temple in 21-3079, 21-3081 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5161521] [21-3079, 21-3081] (MAK) [Entered: 05/25/2022 09:58 PM]
05/26/2022	📄	BRIEF FILED - APPELLANT REPLY BRIEF filed by The Satanic Temple in 21-3079, 21-3081. w/service 05/26/2022 , Length: 6,495 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM The Satanic Temple due 05/31/2022 WITH certificate of service for paper briefs [5161638] [21-3079, 21-3081] (CRJ) [Entered: 05/26/2022 10:01 AM]
05/31/2022	N/A	Paper copies Reply brief, [5161638-2] filed by The Satanic Temple in 21-3079, 21-3081 10 paper copies received. [5163105] [21-3079, 21-3081] (CRJ) [Entered: 06/01/2022 09:35 AM]
11/10/2022	N/A	SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Paul on Thursday, December 15, 2022. To be heard before Judges James B. Loken, Ralph R. Erickson and Jonathan A. Kobes in Division I. The courtroom deputy will be Michelle Hyatt. All attorneys presenting oral argument must complete a Response Form. Click Here to Complete the Oral Argument Response Form. Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. Click Here to View Courthouse Specific COVID-19 RequirementsSpecific COVID-19 protocols to follow at a later date. [5217087] [21-3079, 21-3081] (JMM) [Entered: 11/10/2022 12:46 PM]
11/14/2022	📄	ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Monte Mills for Mr. Paul Chard, City of Belle Plaine, Mr. Cary Coop, Ms. Theresa McDaniel, Mr. Christopher Meyer and Mr. Ben Stier in 21-3079, Mr. Monte Mills for City of Belle Plaine in 21-3081 for argument in December, at the U.S. Courthouse in St. Paul, Minnesota. [5217584] [21-3079, 21-3081] (MM) [Entered: 11/14/2022 01:28 PM]
11/14/2022	📄	ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Matthew A. Kezhaya for The Satanic Temple in 21-3079, 21-3081 for argument in December, at the U.S. Courthouse in St. Paul, Minnesota. [5217803] [21-3079, 21-3081] (MAK) [Entered: 11/14/2022 07:07 PM]
12/15/2022	🎧	ARGUED & SUBMITTED in St. Paul to Judges James B. Loken, Ralph R. Erickson, Jonathan A. Kobes on 12/15/2022 Matthew A. Kezhaya for Appellant The Satanic Temple Monte Mills for Appellees City of Belle Plaine, Cary Coop, Theresa McDaniel, Ben Stier, Paul Chard and Christopher Meyer Rebuttal by Matthew A. Kezhaya for The Satanic Temple RECORDED. Click Here To Listen to Oral Argument [5227731] [21-3079, 21-3081] (MMH) [Entered: 12/15/2022 12:46 PM]