On May 6, 2024, attorneys Michael J. Cohen, David W. McCormack, and Caleb R. Gerbitz secured a victory for their clients in the Seventh Circuit Court of Appeals.

In Denis Navratil, et al. v. City of Racine, et al., plaintiffs sued the City of Racine and its Mayor after the City denied a city-funded COVID-19 small business emergency grant application submitted by Dimple’s LLC, a store in Racine. The grant application was denied on the basis that Denis Navratil, an employee of Dimple’s LLC, had attended the COVID-19 anti-lockdown rally in Madison, Wisconsin, during the opening months of the COVID-19 Pandemic.

Plaintiffs filed a bevy of claims against the City and Mayor, including First Amendment retaliation, due process, equal protection, and defamation claims. The U.S. District Court for the Eastern District of Wisconsin granted Defendants’ motion to dismiss certain claims, and then granted Defendants’ motion for summary judgment, dismissing the remaining claims. Plaintiffs appealed the summary judgment decision.

On appeal, the Seventh Circuit unanimously affirmed the District Court’s decision in full, holding that summary judgment was proper on all four of Plaintiffs’ appealed claims. The full opinion is available here.

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