LeVake v. Independent School District 656
CourtMinnesota Court of Appeals
Full case nameRodney LeVake, Appellant, v. Independent School District #656; Keith Dixon, Superintendent; Dave Johnson, Principal; and Cheryl Freund, Curriculum Director, Respondents.
DecidedMay 8, 2001 (2001-05-08)
Citation(s)625 N.W.2d 502 (Mn. Ct. App. 2001)
Case history
Appealed fromMinnesota District Court
Appealed toMinnesota Supreme Court (review denied); Supreme Court of the United States (certiorari denied)
Court membership
Judges sittingRandolph W. Peterson, Robert H. Schumacher, Daniel F. Foley[lower-alpha 1]
Case opinions
Decision byFoley
ConcurrencePeterson, Schumacher
Keywords

LeVake v. Independent School District 656 was a 2000 court case heard in a Minnesota State District Court and appealed to the Minnesota Court of Appeals. The case was brought by high school biology teacher Rodney LeVake who had been told by the Faribault Public Schools that he could not teach the "evidence both for and against the theory" of evolution.[1][2] After learning that he wanted to teach "criticisms of evolution" to his pupils, school officials reassigned him to teach a different class.[3]

In his complaint, LeVake claimed violations of his rights to free exercise of religion, free speech, procedural due process, freedom of conscience, and academic freedom.[4] The district court granted summary judgment for the school district, and on appeal the Minnesota Court of Appeals affirmed that judgment, finding that the record showed that the teacher "refused to teach his assigned class in the manner prescribed by the established curriculum" and that summary judgment was appropriate as he had not shown a violation of his rights.[5] LeVake sought further review by the Minnesota Supreme Court and then by the Supreme Court of the United States; both denied review.[6]

Notes

  1. ↑ Temporary appointment

References

  1. ↑ Matsumura, Molleen; Mead, Louise (July 31, 2007). "Ten Major Court Cases about Evolution and Creationism". National Center for Science Education. Retrieved December 8, 2009.
  2. ↑ LeVake v. Independent School District No. 656, 625 N.W.2d 502 (Mn. App. 2001)
  3. ↑ LeVake, 625 N.W. 2d at 506.
  4. ↑ Levake, 625 N.W. 2d at 506.
  5. ↑ Levake, 625 N.W. 2d at 505, 509.
  6. ↑ The Minnesota Supreme Court denied a petition for review on July 24, 2001, see LeVake v. Independent School District #656 (National Center for Science Education); and certiorari was denied by the U.S. Supreme Court in 2002, 534 U.S. 1081.
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