Judge Denies Former Rochester City Council Member's Lawsuit Expansion Request

Molly Dennis' bid to add First Amendment retaliation claim rejected by federal judge.

Mar. 28, 2026 at 6:33pm

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A federal judge has rejected a former Rochester City Council member's request to expand her existing lawsuit against the city. U.S. District Court of Minnesota Chief Judge Patrick Schiltz ruled that Molly Dennis' proposed complaint failed to provide sufficient factual evidence to support a plausible claim of First Amendment retaliation related to her expulsion from several unidentified City Council meetings.

Why it matters

This decision preserves the existing discrimination claims in Dennis' lawsuit against the city, which allege the council's actions violated state and federal protections related to her ADHD diagnosis. However, the judge's ruling indicates the court found the proposed First Amendment retaliation claim lacked the necessary factual support to meet legal standards.

The details

In his ruling, Judge Schiltz stated that Dennis' proposed complaint did not adequately plead facts to make plausible her claim that she was ejected from 'several' unidentified City Council meetings in retaliation for her engaging in protected First Amendment activity. The judge noted the only specific activity identified was Dennis' objections related to a February 2023 strategic planning meeting, which was followed by a council censure in March 2023 - but the alleged expulsions from later meetings in 2024 did not appear directly connected to that earlier incident.

  • On February 27, 2023, Dennis objected to a City Council strategic planning meeting held at the Plummer House.
  • On March 6, 2023, the City Council censured Dennis.
  • On May 20, August 5, October 7, and December 2, 2024, Dennis was allegedly expelled from unspecified City Council meetings.

The players

Molly Dennis

A former Rochester City Council member who filed a lawsuit against the city in 2024, alleging discrimination related to her ADHD diagnosis.

Patrick Schiltz

The U.S. District Court of Minnesota Chief Judge who ruled against Dennis' request to expand her lawsuit with a First Amendment retaliation claim.

Douglas Micko

The U.S. Federal Court Magistrate Judge who had recommended allowing the addition of one of two proposed claims to Dennis' lawsuit.

Rochester City Council

The city government body that censured Dennis in 2023 and allegedly expelled her from several meetings in 2024.

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What they’re saying

“'Dennis' proposed complaint does not plead sufficient facts to make plausible her claim that she was ejected from 'several' unidentified City Council meetings in retaliation for her engaging in activity protected by the First Amendment,'”

— Patrick Schiltz, U.S. District Court of Minnesota Chief Judge

What’s next

The existing discrimination claims in Dennis' lawsuit against the city, which allege the council's actions violated state and federal protections related to her ADHD diagnosis, will proceed to a jury trial scheduled for 2027.

The takeaway

This case highlights the high legal bar for proving First Amendment retaliation claims, as the judge found Dennis' proposed complaint lacked the necessary factual evidence to make the claim plausible. However, the core discrimination allegations in her lawsuit will continue to be adjudicated, underscoring the challenges public officials can face when navigating issues of disability accommodations and free speech.