Case: Milstein v. Federal Bureau of Prisons

1:07-cv-07434 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 21, 2007

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On August 21, 2007, two inmates in federal custody filed a class action lawsuit in the U.S. District Court for the Southern District of New York challenging the Federal Bureau of Prison's (BOP) "Standardized Chapel Library Project." Plaintiffs alleged that pursuant to this project, the Bureau banned and removed hundreds of religious books and materials not appearing on a pre-approved standardized list from chapel libraries across the country. Plaintiffs alleged that Bureau's actions were in r…

On August 21, 2007, two inmates in federal custody filed a class action lawsuit in the U.S. District Court for the Southern District of New York challenging the Federal Bureau of Prison's (BOP) "Standardized Chapel Library Project." Plaintiffs alleged that pursuant to this project, the Bureau banned and removed hundreds of religious books and materials not appearing on a pre-approved standardized list from chapel libraries across the country. Plaintiffs alleged that Bureau's actions were in response to a 2004 report by the Inspector General that examined the selection process of prison chaplains and warned of potential security risks created by inmates who were practicing extreme forms of religion, specifically Islam.

Plaintiffs' complaint alleged violations of the Religious Freedom Restoration Act, the Administrative Procedures Act and the First and Fifth Amendments to the Constitution. Plaintiffs sought declaratory and injunctive relief, as well as class certification.

On September 26, 2007, the New York Times reported that the Federal Bureau of Prison had decided to alter its planned course of action with respect to the "Standardized Chapel Library Project." On November 27, 2007, after receiving a letter from plaintiffs' counsel, the Court (Judge Laura Taylor Swain) granted a stipulation to dismiss the case and confirmed that the project had been canceled, following the filing of this class action suit.

Summary Authors

Dan Dalton (8/26/2007)

Maurice Youkanna (7/31/2014)

People


Judge(s)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Klein, Solomon (New York)

Silverman, Moses (New York)

Attorneys(s) for Defendant

Feldman, Brian M. (New York)

Garcia, Michael J. (New York)

Judge(s)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Klein, Solomon (New York)

Silverman, Moses (New York)

Attorneys(s) for Defendant

Feldman, Brian M. (New York)

Garcia, Michael J. (New York)

Documents in the Clearinghouse

Document

1:07-cv-07434

Docket [PACER]

Dec. 7, 2007

Dec. 7, 2007

Docket
1

1:07-cv-07434

Class Action Complaint

Aug. 21, 2007

Aug. 21, 2007

Complaint
12

1:07-cv-07434

Stipulation and Order of Dismissal Without Prejudice

Nov. 26, 2007

Nov. 26, 2007

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against J.M. Killian, Glenn A. Fine, Federal Bureau of Prisons, Harley Lappin. (Filing Fee $ 350.00, Receipt Number 625118)Document filed by Moshe Milstein, John J. Okon.(tro) (Entered: 08/23/2007)

Aug. 21, 2007

Aug. 21, 2007

SUMMONS ISSUED as to J.M. Killian, Glenn A. Fine, Federal Bureau of Prisons, Harley Lappin, U.S. Attorney and U.S. Attorney General. (tro) (Entered: 08/23/2007)

Aug. 21, 2007

Aug. 21, 2007

CASE REFERRED TO Judge Judge Laura Taylor Swain as possibly similar to 07−cv−4149. (tro) (Entered: 08/23/2007)

Aug. 21, 2007

Aug. 21, 2007

Case Designated ECF. (tro) (Entered: 08/23/2007)

Aug. 21, 2007

Aug. 21, 2007

2

SUMMONS RETURNED EXECUTED. J.M. Killian served on 8/21/2007, answer due 10/22/2007; Glenn A. Fine served on 8/21/2007, answer due 10/22/2007; Federal Bureau of Prisons served on 8/21/2007, answer due 10/22/2007; Harley Lappin served on 8/21/2007, answer due 10/22/2007. Document filed by Moshe Milstein; John J. Okon. (Klein, Solomon) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

3

MOTION to Certify Class. Document filed by Moshe Milstein, John J. Okon. (Attachments: # 1 Affidavit of Service)(Klein, Solomon) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

4

ENDORSED LETTER addressed to Judge Laura T. Swain from Solomon N. Klein dated 8/24/07 re: a request that the Court allow the briefs and other documents in support of our motion for class certification to be submitted at a later point. ENDORSEMENT: The named plaintiffs in this action were also named plaintiffs in Kelly v. Lapin, 07cv4149(LTS)(FM), which was voluntarily dismissed in light of the incomplete status of the prison grievance process with respect to the matters at issue. The instant application to accept an incomplete and admittedly premature class certification motion appears to be an effort to bypass altogether the PLRA's exhaustion requirements. The application is denied without prejudice to later, timely and complete motion practice on the issue. Docket entry #3 is hereby terminated. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/27/07 (PART I)) (kco) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

5

AFFIDAVIT OF SERVICE. Document filed by Moshe Milstein, John J. Okon. (Klein, Solomon) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

6

AFFIDAVIT OF SERVICE of CLASS ACTION COMPLAINT, NOTICE OF MOTION FOR CLASS CERTIFICATION, and LETTER TO JUDGE SWAIN FROM SOLOMON KLEIN served on Attorney General on 08/28/2007. Document filed by Moshe Milstein, John J. Okon. (Klein, Solomon) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

CASE ACCEPTED AS SIMILAR. Create association to 1:07−cv−04149−LTS−FM. Notice of Assignment to follow. (laq) (Entered: 08/30/2007)

Aug. 28, 2007

Aug. 28, 2007

7

NOTICE OF CASE ASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (laq) (Entered: 08/30/2007)

Aug. 28, 2007

Aug. 28, 2007

Magistrate Judge Frank Maas is so designated. (laq) (Entered: 08/30/2007)

Aug. 28, 2007

Aug. 28, 2007

Mailed notice to the attorney(s) of record. (laq) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

8

AFFIDAVIT OF SERVICE of Summons, Civil Cover Sheet, Class Action Complaint on 9/18/07. Service was made by Certified Mail. Document filed by Moshe Milstein, John J. Okon. (Klein, Solomon) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

9

STIPULATION AND ORDER: the time in which the defendants may serve a response to the complaint is extended to 11/5/07. (Signed by Judge Laura Taylor

Oct. 23, 2007

Oct. 23, 2007

11

STIPULATION AND ORDER, the time in which defendants may serve a response to the Complaint is extended until 11/26/07. J.M. Killian answer due 11/26/2007; Glenn A. Fine answer due 11/26/2007; John J. Okon answer due 11/26/2007; Federal Bureau of Prisons answer due 11/26/2007; Harley Lappin answer due 11/26/2007. (Signed by Judge Laura Taylor Swain on 11/20/07) (jco) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

12

STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE: This action shall be and hereby is dismissed without prejudice, all parties to bear their own costs. (Signed by Judge Laura Taylor Swain on 11/26/07) (tro) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

13

LETTER addressed to Judge Laura T. Swain from Solomon N. Klein dated 11/21/07 re: Counsel writes to request that the Court endorse the Stipulation and dismiss this action without prejudice. Document filed by Moshe Milstein, John J. Okon.(jco) (tro). (Entered: 12/05/2007)

Nov. 28, 2007

Nov. 28, 2007

14

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Solomon N. Klein dated 12/3/07 re: On 11/21/07, Counsel for Plaintiffs filed a cover letter enclosing the Stipulation and [Proposed] Order of Dismissal Without prejudice, which was subsequently endorsed by the Court. The cover letter was hand delivered to the Court, but was not electronically filed. Counsel request that the letter be part of the record and included in the electronic docket. ENDORSEMENT: The request is granted. The Clerk is requested to scan and post the letter on the electronic docket. (Signed by Judge Laura Taylor Swain on 12/5/07) (tro) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 21, 2007

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are or will be incarcerated by any Federal Bureau of Prison institution that is subject to the Standardized Chapel Library Project, which was implemented on 2/7/07.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal Bureau of Prisons, Federal

Inspector General, Department of Justice, Federal

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Library (non-law) access

Religious programs / policies

Affected Gender:

Female

Male

Type of Facility:

Government-run