ABC 6 NEWS — In a recently unsealed document, a federal judge has ruled that certain claims City Council Member Molly Dennis made in her discrimination lawsuit against the City of Rochester, as well as Mayor Kim Norton and council member Patrick Keane have enough merit to move forward.

The City, Norton, and Keane filed a motion to dismiss the case. and the judge has ruled that the court should only grant that motion in part; while moving forward on a few of the claims.

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In the document, the judge asserts that Norton and Keane are immune from liability for “legislative actions” such as calling the censure to vote and signing it.

Judge Douglas Micko also claimed that Dennis cannot make a claim dependent on an employment status as she “was not defendants’ employee under the [American’s with Disabilities Act]” and that Dennis has not argued a “viable First-Amendment retaliation claim against any defendant.”

However, the judge also found that Dennis did have enough of a claim for discrimination based on alleged denial of access to public services, that the case can move forward in court.

Dennis may also have a case for reprisal as defined in the Minnesota Human Rights Act, Ecko wrote.

With that, the judge recommended that all counts made against the city be dismissed, except parts of counts one, three and four — all of which deal either with a claim of discrimination based on denial of public services or allegations that the City and/or Mayor Norton retaliated against her when she complained about discrimination.

At this time, there is no set date for a future hearing or trial.

The case went under advisement in April of 2024. The unsealed recommendations are the first movement in nearly 8 months.