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DEVESCOVI v. VENTURA

No. CIV 00-1211(MJD/RLE).

195 F.Supp.2d 1146 (2002)

Kevin DEVESCOVI, John Doe, and Dr. Jane Roe, Plaintiffs, v. Jesse VENTURA, Governor of the State of Minnesota, Mike Hatch, Attorney General of the State of Minnesota, Timothy Favor, Beltrami County Attorney, and Robert D. Tell, Public Safety Director of Bemidji, Minnesota, Defendants.

United States District Court, D. Minnesota.

March 20, 2002.

Attorney(s) appearing for the Case

Elena N Broder-Feldman, Lara M Flint, Mark D Schneider, Jenner & Block, Washington, DC, Gregory R Merz, Gray Plant Mooty Mooty & Bennett, Minneapolis, MN, for plaintiffs.

David Aafedt, MN Attorney General, St. Paul, MN, Jon K Iverson, Jason J Kuboushek, Iverson Reuvers, Bloomington, MN, for defendants.

Timothy Earle Branson, Dorsey & Whitney, Minneapolis, MN, Leslie Cooper, American Civil Liberties Union, New York, NY, for Amicus.

MEMORANDUM AND ORDER

DAVIS, District Judge.

This matter is before the Court on the parties' cross-motions for summary judgment. Plaintiffs commenced the underlying declaratory judgment action against Defendants. Plaintiffs request that this Court declare Minn.Stat. § 609.293 unconstitutional because it criminalizes voluntary acts of sodomy, including private consensual acts of sodomy regardless of sexual orientation, and therefore violates the fundamental...

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