Joshua A. Newville

Joshua A. Newville, known as simply Josh Newville (born August 9, 1984),[1] is an American attorney, mediator, adjunct law professor, and gay rights advocate. He is a Partner at Madia Newville LLC, a Minneapolis, MN-based law firm that focuses on civil rights and employment discrimination civil litigation.[2][3] In 2014, Newville sued state officials in both South Dakota and North Dakota over the states' bans on same-sex marriage. Newville gained national attention for taking on the last two unchallenged state bans on same-sex marriage in the United States.[4][5][6]

Joshua A. Newville
Born (1984-08-09) August 9, 1984
NationalityAmerican
OccupationAttorney
Known forSame-sex marriage litigation

Education

Newville earned his J.D., cum laude, from University of Minnesota Law School and his B.A. in Political Science from the University of Minnesota.[7][8]

Same-sex Marriage Litigation

On May 22, 2014, Newville filed a federal lawsuit, Rosenbrahn v. Daugaard, on behalf of six same-sex couples against South Dakota officials, seeking the right to marry and recognition of marriages performed in other jurisdictions.[9]

On June 6, 2014, Newville filed a similar lawsuit, Ramsay v. Dalrymple, on behalf of seven same-sex couples in North Dakota.[10]

U.S. District Court Judge Karen Schreier heard arguments in Rosenbrahn v. Daugaard on October 17, 2014. The state defendants argued she was bound by the United States Court of Appeals for the Eighth Circuit's decision in Citizens for Equal Protection v. Bruning (2006), which Newville argued did not address the questions the plaintiffs raised in his case.[11] On November 14, Judge Schreier denied the defense's motion to dismiss.[12] She found that the U.S. Supreme Court's decision in Baker V Nelson was no longer valid precedent and that Bruning did not address due process or the question of a fundamental right to marry. She dismissed the plaintiffs' claim that South Dakota violated their right to travel. She set a briefing schedule to conclude December 8.[13]

On January 12, 2015, U.S. District Court Judge Karen Schreier granted Newville's motion for summary judgment in Rosenbrahn v. Daugaard, striking down South Dakota's ban on same-sex marriage but putting a stay on her order until appeals were exhausted.[14] South Dakota Attorney General Marty Jackley immediately announced that he would appeal the decision to the United States Court of Appeals for the Eighth Circuit.[15] The Court of Appeals later affirmed Judge Schreier's opinion following Obergefell v Hodges.[16]

After the first same-sex marriage licenses were issued in South Dakota on June 26, 2015, Newville told reporters that he was ecstatic for his clients and as a gay man himself.[17]

On June 29, 2015, the U.S. District Court in North Dakota issued an order in Ramsay v. Dalrymple holding that North Dakota’s ban on same-sex marriage was unconstitutional.[18]

Other Notable Cases

In 2016, Newville represented a whistleblower and helped the government recover $6.2M in a Medicare fraud case.[19] Newville's client was awarded more than $1.2 million.[20]

In 2017, Newville won a case at the Minnesota Supreme Court that clarified that undocumented workers are entitled to protection under a Minnesota law that prohibits retaliatory employment discharge.[21][22]

In 2021, Newville won summary judgment for a police shooting victim against the Las Vegas Metropolitan Police Department.[23][24] After U.S. District Court Judge Richard Franklin Boulware II found in favor of Newville's client, the case settled for $525,000.[25][26]

References

  1. https://www.facebook.com/joshnewville "Facebook" Retrieved November 14, 2014.
  2. University of Minnesota Law School profile. Retrieved January 10, 2022
  3. Madia Newville profile Retrieved January 10, 2022
  4. http://blog.pfaw.org/content/Dakotans-File-Suit-All-Fifty-States-Now-Have-Either-Marriage-Equality-or-a-Legal-Challenge-in-Progress People For The American Way. Retrieved November 10, 2014.
  5. Chokshi, Niraj (May 22, 2014) https://www.washingtonpost.com/blogs/govbeat/wp/2014/05/22/meet-the-guy-who-may-take-the-last-unchallenged-gay-marriage-bans-to-court/ The Washington Post. Retrieved November 10, 2014.
  6. Winter, Michael (June 6, 2014) https://www.usatoday.com/story/news/nation/2014/06/06/north-dakota-same-sex-marriage-ban/10082033/ USA Today. Retrieved November 10, 2014.
  7. Ashlock, Austin (May 23, 2014) http://www.argusleader.com/story/news/local/2014/05/22/six-south-dakota-couples-challenge-gay-marriage-ban/9458003/ The Argus Leader. Retrieved November 10, 2014
  8. Madia Newville LLC Retrieved January 10, 2022
  9. Howard, Adam (May 23, 2014) http://www.msnbc.com/msnbc/south-dakota-same-sex-marriage-ban MSNBC. Retrieved November 10, 2014.
  10. Chokshi, Niraj (June 6, 2014) https://www.washingtonpost.com/blogs/govbeat/wp/2014/06/06/nations-last-unchallenged-gay-marriage-ban-brought-to-court/ The Washington Post. Retrieved November 10, 2014.
  11. Young, Steve (October 17, 2014). http://www.argusleader.com/story/news/politics/2014/10/17/judge-will-file-decision-later-sd-gay-marriage-lawsuit/17432995/ The Argus Leader Retrieved November 10, 2014.
  12. http://www.myfoxtwincities.com/story/27419715/mpls-attorney-josh-newville-leads-gay-marriage-fight-in-dakotas-says-law-trumps-public-opinion KMSP. Retrieved December 3, 2014.
  13. "Order on Motion to Dismiss." Scribd.com. https://www.scribd.com/doc/246625606/4-14-cv-04081-38-Order U.S. District Court for South Dakota. Retrieved November 14, 2014.
  14. (January 12, 2015). https://www.nytimes.com/aponline/2015/01/12/us/ap-us-gay-marriage-south-dakota.html?_r=0 The New York Times. Retrieved January 15, 2015.
  15. Wicks, Victoria (January 12, 2015). http://listen.sdpb.org/post/same-sex-marriage-rights-attorney-applauds-win-will-appeal-stay South Dakota Public Broadcasting. Retrieved January 15, 2015.
  16. Rosenbrahn, et al. v. Dougaard, et al. (Aug 11, 2015). https://ecf.ca8.uscourts.gov/opndir/15/08/151186P.pdf U.S. Court of Appeals. Retrieved January 10, 2022.
  17. "First same-sex marriage license issued in South Dakota" (June 26, 2015) https://www.argusleader.com/story/news/2015/06/26/pennington-county-issues-sex-license/29342145/ The Argus Leader. Retrieved January 10, 2022.
  18. U.S. Social Security Administration https://secure.ssa.gov/poms.nsf/lnx/1502712037 Retrieved January 10, 2022.
  19. "Osceola company pleads guilty to manipulation of test data and obstruction of Health Dept. oversight" - de la Cruz, Jessica (Oct 26, 2016) https://www.theameryfreepress.com/news/osceola-company-pleads-guilty-to-manipulation-of-test-data-and-obstruction-of-health-dept-oversight/article_de2c4236-9b8a-11e6-ade7-2718361fdd54.html Amery Free Press. Retrieved January 10, 2022.
  20. Madia Newville LLC (Oct 27, 2016) https://madianewville.com/madia-law-whistleblower-case-leads-to-6-2-million-recovery-defendant-ceo-faces-up-to-one-year-in-prison-2/ Retrieved January 10, 2022.
  21. Anibal Sanchez, Respondent, v. Dahlke Trailer Sales, Inc., Appellant (June 28, 2017) https://caselaw.findlaw.com/mn-supreme-court/1866157.html Supreme Court of Minnesota via Findlaw. Retrieved January 10, 2022.
  22. "Threat of deportation hangs over wrongful firing lawsuit" - Koumpilova, Mila (Feb 19, 2018) https://www.startribune.com/threat-of-deportation-hangs-over-wrongful-firing-lawsuit/474439193/?refresh=true Retrieved Minneapolis Star Tribune. Retrieved January 10, 2022.
  23. Newberg, Katelyn (Dec 27, 2021) https://www.reviewjournal.com/crime/courts/he-was-naked-and-running-away-when-police-shot-him-metro-now-owes-him-525k-2502787/ The Las Vegas Review-Journal. Retrieved January 10, 2022.
  24. Funke v. Hatten (June 28, 2021) https://casetext.com/case/funke-v-hatten U.S. District Court via casetext.com. Retrieved January 10, 2022.
  25. "Las Vegas police to pay $525K settlement to man who was shot while running away" - Beals, Monique (Dec 28, 2021) https://thehill.com/homenews/state-watch/587508-las-vegas-police-to-pay-525k-settlement-to-man-who-was-shot-while Retrieved The Hill. Retrieved January 10, 2022.
  26. "Las Vegas police reach massive settlement over shooting involving naked man" (Dec 28, 2021) https://www.foxnews.com/us/las-vegas-police-settlement-jason-funke-shooting Associated Press via Fox News. Retrieved January 10, 2022.
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