Minnesota RFL Republican Farmer Labor Caucus v. Mary Moriarty

United States Court of Appeals
For the Eighth Circuit
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No. 23-1563
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Minnesota RFL Republican Farmer Labor Caucus; Vincent Beaudette; Vince for
Statehouse Committee; Don Evanson; Bonn Clayton; Michelle MacDonald
Plaintiffs - Appellants
v.
Mary Moriarty, in her official capacity as County Attorney for Hennepin County,
Minnesota, or her successor; Mark Metz, in his official capacity as County
Attorney for Carver County, Minnesota or his successor; Karin L. Sonneman, in
her official capacity as County Attorney for Winona County, Minnesota, or her
successor; Kathryn Keena, in her official capacity as County Attorney for Dakota
County, Minnesota or her successor
Defendants - Appellees
Attorney General’s Office for the State of Minnesota
Intervenor - Appellee
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Appeal from United States District Court
for the District of Minnesota
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Submitted: June 11, 2024
Filed: July 19, 2024
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Before LOKEN, ERICKSON, and GRASZ, Circuit Judges.
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ERICKSON, Circuit Judge.
Minnesota RFL Republican Farmer Labor Caucus, Vincent Beaudette, Vince
for Statehouse Committee, Don Evanson, Bonn Clayton, and Michelle MacDonald
(“the RFL parties”) brought this pre-enforcement challenge against Hennepin
County attorney Mary Moriarty, Dakota County attorney Kathryn Keena, Carver
County attorney Mark Metz, and Winona County attorney Karin L. Sonneman (“the
county attorneys”)1 to enjoin Minnesota’s Fair Campaign Practices Act as violative
of the First Amendment. The Minnesota Attorney General intervened to defend the
constitutionality of the statute.
In a prior appeal, the Court affirmed the district court’s denial of the RFL
parties’ motion for preliminary injunction, finding Ex parte Young inapplicable
because the county attorneys had neither enforced nor threatened to enforce the
statute. Minn. RFL Republican Farmer Labor Caucus v. Freeman, 33 F.4th 985, 992
(8th Cir. 2022), cert. denied sub nom. Christian Action League of Minn. v. Freeman,
143 S. Ct. 304 (2022) (“Minn. RFL I”). In this appeal, the RFL parties challenge
the district court’s2 grant of the county attorneys’ motion for summary judgment,
denial of their motion for partial summary judgment, and dismissal of their
complaint. The Court’s prior decision constitutes the law of the case. We affirm.
I. BACKGROUND
The RFL parties are political candidates, associations, and individuals
engaged in political activities who allege that § 211B.02 of Minnesota’s Fair
Campaign Practices Act3 violates the First Amendment by chilling their political
1 Moriarty and Keena were substituted as parties under Federal Rule of Civil
Procedure 25(d) upon assuming office in January 2023 and May 2021, respectively.
2 The Honorable Eric C. Tostrud, United States District Court for the District
of Minnesota.
3 The statute prohibits a person or candidate from knowingly making a false
claim of endorsement or making a claim of endorsement in written campaign
materials without first getting written permission from the alleged endorser.

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speech. An administrative law judge disposing of a complaint asserting a violation
of § 211B.02 may: (1) dismiss the complaint, (2) issue a reprimand, (3) impose a
civil penalty of not more than $5,000, or (4) refer the complaint to the appropriate
county attorney. Minn. Stat. § 211B.35, subdiv. 2(a)-(b), (d)-(e). The county
attorney has discretion over the prosecution of any referral. Id. § 211B.16.
In July 2020, the RFL parties unsuccessfully moved for a preliminary
injunction. While they claimed Minnesota’s Office of Administrative Hearings had
found violations of § 211B.02 and described how the statute chilled their political
speech, the county attorneys responded with declarations stating that they had never
prosecuted anyone under § 211B.02, were not currently investigating any alleged
§ 211B.02 violation, and had no present intention to prosecute anyone under the
statute. This Court affirmed the district court’s determination that Ex parte Young
did not apply. Minn. RFL I, 33 F.4th at 992.
The RFL parties then moved for partial summary judgment and the county
attorneys cross-moved for summary judgment, with all parties submitting the same
or similar evidence as that offered at the preliminary injunction stage. The RFL
parties now appeal the adverse grant of summary judgment.
II. DISCUSSION
The doctrine of Ex parte Young is a narrow exception to Eleventh Amendment
immunity that permits suits for prospective declaratory and injunctive relief against
state officials sued in their official capacities. Monroe v. Ark. State Univ., 495 F.3d
591, 594 (8th Cir. 2007). Ex parte Young only applies to officials who threaten and
are about to commence civil or criminal proceedings to enforce unconstitutional
policies. 281 Care Committee v. Arneson, 766 F.3d 774, 797 (8th Cir. 2014).
Nothing the RFL parties have presented undermines the Court’s prior decision in
this case holding that the county attorneys provided sufficient assurance that they
will not enforce § 211B.02. See Minn RFL I, 33 F.4th at 992. Because this Court
previously resolved the legal question of Ex parte Young’s applicability and the
parties have not presented evidence materially different from what was introduced

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during the preliminary injunction proceedings, the law of the case doctrine governs.
See United States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995) (explaining that the
law of the case doctrine requires a panel to follow a decision in a prior appeal in later
proceedings “unless a party introduces substantially different evidence, or the prior
decision is clearly erroneous and works a manifest injustice”); Howe v. Varity Corp.,
36 F.3d 746, 752 (8th Cir. 1994) (finding that appellate review of the legal issues at
the heart of a preliminary injunction decision constituted the law of the case).
III. CONCLUSION
For the foregoing reasons, we affirm the judgment of the district court.
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