Federal courts beat: All judges recused in Erlinder lawsuit
Article by: RANDY FURST , Star Tribune Updated: May 19, 2014 - 9:36 PM
Law professor Peter Erlinder can add another controversy to his résumé.
You may recall he created headlines when he was imprisoned in Rwanda
in 2010 and it took an international campaign to free him.
A tenured professor at William Mitchell College of Law since 1986,
Erlinder sued the St. Paul school in February. He claimed he had been
unjustly barred from campus for behavior triggered by post-traumatic
stress syndrome that he developed after the Rwanda experience. The
college "vigorously" denied his allegations.
To avoid an appearance of a conflict of interest, federal Judge
Donovan Frank, appointed to hear the case, recused himself in April,
noting he was an adjunct professor at William Mitchell.
Within hours, Minnesota's Chief U.S. District Judge Michael Davis
disqualified the state's 21 federal judges and magistrates from
presiding over the case.
Court sources said he wanted to avoid any appearance of a conflict of
interest. Many of the judges have ties to William Mitchell, and
Erlinder is well known to the judiciary, having championed a variety
of social justice causes before the court.
A mass disqualification is unusual but not unprecedented. Davis has
recused the entire federal bench on several other occasions, court
sources say. He did it in 2012, when attorney Jill Clark sued Hennepin
District Court and others, including Davis.
Just over a week ago, Erlinder's attorney, Peter Nickitas, filed a new
suit on his behalf, similar to the first one, but adding new claims.
Normally a lawyer would amend an existing suit, but with no judge
appointed, Nickitas said he worried that the deadline would expire for
approving the new claims.
Davis reacted swiftly. Last Monday, for the second time in a month, he
disqualified every federal judge in Minnesota from hearing the
Erlinder case.
Davis asked William Jay Riley, chief judge of the 8th Circuit Court of
Appeals, to assign a judge from outside of Minnesota, and last
Wednesday, Riley named Ralph Erickson, chief judge of the district
court in North Dakota, to hear the case.
Randy Furst - 612-673-4224
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