HOW DO WE CHOOSE CASES?
The ACLU of Minnesota generally only files cases that affect the civil liberties of large numbers of people. The basic questions we ask when reviewing a potential case are: (1) Is this a significant civil liberties issue? (2) What effect will this case have on people in addition to our potential client? (3) Do we have the resources to take this case? (4) Are there significant factual disputes?
WHAT ARE CIVIL LIBERTIES?
Some of the civil liberties we seek to protect are:
Freedom of Speech and Press - For example, where a student is suspended for writing a newspaper article critical of the principal.
Freedom of Religion - This involves both the rights of individuals to their religious beliefs and the separation of church and state.
Right to Privacy - For example, protecting reproductive rights.
Equal Protection/Discrimination - For example, where a county refuses to allow homeless people to vote because they have no fixed addresses.
Due Process - For example, where a community group is denied a permit by the police and the town provides no appeal of the police decision.
WHAT CASES AFFECT OTHERS?
Lawsuits can affect a larger number of people in two ways. First, we sometimes challenge a policy or practice which directly impacts many people. Second, a lawsuit brought on behalf of one person can have a larger impact on others in the long run when it establishes or expands legal protections for everyone. For example, a lawsuit challenging drug testing of one employee, if successful, could set a precedent for thousands of workers in the future.
WHY WE PREFER CASES WITHOUT SERIOUS FACTUAL DISPUTES
We tend to take cases that do not involve factual disputes. We prefer cases where the issue is a question of law. An example of a factual dispute is an employment discrimination case where the employer claims she fired the employee because of poor job performance and has credible evidence to support that claim. The reasons for this policy are:
- Our limited resources (it is often expensive to prove a case which involves substantial factual disputes)
- A court might never reach the civil liberties legal issue if it resolves the facts against the client; and
- The case is less likely to have broad impact on others if the decision rests upon the specific facts of a case.
TYPES OF CASES THE ACLU OF MINNESOTA GENERALLY DOES NOT ACCEPT
Types of cases the ACLU-MN generally does not accept include:
- A person is fired without good reason or just cause.
- A person is being denied benefits, such as worker's compensation, social security, or unemployment benefits.
- Divorce cases or cases involving child custody.
- Criminal cases, or complaints about a person's attorney in a criminal case. Only in limited cases do we consider becoming involved in a criminal case. However, even in those limited situations, the ACLU-MN does not represent the individual directly. Rather, the ACLU-MN acts as an amicus curiae or "friend of the court."
WHY THE ACLU OF MINNESOTA TURNS DOWN CASES THAT FALL WITHIN OUR GUIDELINES
There are many cases that display problems of unfairness and grave injustice which the ACLU of Minnesota would simply be unable to handle. We cannot accept many of the cases that fall within the guidelines discussed above. We must select those cases which we believe will have the greatest impact on protecting civil liberties.
CAN THE ACLU OF MINNESOTA ADVISE ME ABOUT MY CASE?
The ACLU of Minnesota is unable to give you advice about your case or provide other types of assistance (For example, reviewing your papers or conducting legal research to assist you). If we accept your case, we will provide you with a volunteer attorney.
WHAT DOES IT COST?
Nothing. There is no cost to the client in ACLU of Minnesota cases. We pay court costs and the attorneys represent our clients free of charge. All ACLU of Minnesota cases are handled by volunteer attorneys.
IMPORTANT NOTE ABOUT DEADLINES
All legal claims have deadlines. The deadlines differ depending on what rights were violated. For some kinds of violations, you may need to file a claim with a government agency before you can sue, and these agencies usually have their own time deadlines. We cannot give you advice about deadlines that apply to your case. To protect your rights, please consult with an attorney promptly to find out what deadlines apply in your case.