Case: Bock v. Gold

1:05-cv-00151 | U.S. District Court for the District of Vermont

Filed Date: June 7, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On June 7, 2005, Plaintiff, a Jewish former prisoner, filed a complaint in the United States District Court for the District of Vermont under 42 U.S.C. §1983 and the Religious Land Use and Institutionalized Persons Act against five employees of the Vermont Department of Corrections (DOC) in their official and individual capacities. The plaintiff, represented by private counsel, asked the court for damages and injunctive relief, alleging that the employees of the DOC denied or limited his abilit…

On June 7, 2005, Plaintiff, a Jewish former prisoner, filed a complaint in the United States District Court for the District of Vermont under 42 U.S.C. §1983 and the Religious Land Use and Institutionalized Persons Act against five employees of the Vermont Department of Corrections (DOC) in their official and individual capacities. The plaintiff, represented by private counsel, asked the court for damages and injunctive relief, alleging that the employees of the DOC denied or limited his ability to practice his Jewish faith during the time he was incarcerated. Specifically, the plaintiff claimed that the employees denied him minor modifications that would allow the plaintiff to observe his Jewish religion in a meaningful manner and denied his requests for certain food and religious items to celebrate Jewish holidays.

The defendants moved for summary judgment claiming that sovereign immunity protects the employees of the DOC from being sued in their official capacities and that injunctive relief was moot because the plaintiff was no longer incarcerated. On November 28, 2007, the District Court (Magistrate Judge Jerome J. Niedermeier) filed a report recommending that summary judgment be denied in part and granted in part. Judge Niedermeier agreed with the defendants that the claim for injunctive relief should be dismissed as moot and that the defendants were protected under the 11th Amendment in their official capacities. However, the report stated that the plaintiff produced enough evidence to make a reasonable inference of malice to support his claims for punitive damages against certain defendants in their individual capacities.

A settlement agreement was filed with the court and approved on March 21, 2008. The plaintiff agreed to release all claims against the State of Vermont and each of the named defendants in the present case in exchange for $25,000 and the acknowledgement that certain providers of religious food and articles are appropriate pursuant to the DOC's policies on religious observances. The parties agreed to dismiss the action with prejudice.

Summary Authors

Ashley Grolig (10/16/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4816463/parties/bock-v-gold/


Judge(s)

Murtha, John Garvan (Vermont)

Attorney for Plaintiff

Hauptman, Aaron H. (New York)

Kade, Barry (Vermont)

Attorney for Defendant

Cassidy, Richard T (Vermont)

Kuehl, Kurt A. (Vermont)

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Documents in the Clearinghouse

Document

1:05-cv-00151

Docket [PACER]

March 21, 2008

March 21, 2008

Docket
4

1:05-cv-00151

Civil Rights Complaint

June 7, 2005

June 7, 2005

Complaint
4

1:05-cv-00151

Civil Rights Complaint Pursuant to 42 U.S.C. Section 1983 and the Religious Land Use and Institutionalized Persons Act

June 7, 2005

June 7, 2005

Complaint
57-1

1:05-cv-00151

Defendants' Motion for Summary Judgment [Part Two]

Feb. 23, 2007

Feb. 23, 2007

Pleading / Motion / Brief
57

1:05-cv-00151

Defendants' Motion for Summary Judgment [Part One]

Feb. 23, 2007

Feb. 23, 2007

Pleading / Motion / Brief
77

1:05-cv-00151

Magistrate Judge's Report and Recommendation

Nov. 28, 2007

Nov. 28, 2007

Order/Opinion
80

1:05-cv-00151

Ruling on Magistrate Judge's Report and Recommendation

Feb. 7, 2008

Feb. 7, 2008

Order/Opinion

2008 WL 345890

85

1:05-cv-00151

Order of Dismissal

March 12, 2008

March 12, 2008

Order/Opinion
86

1:05-cv-00151

Stipulation to Dismiss with Prejudice

March 21, 2008

March 21, 2008

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4816463/bock-v-gold/

Last updated Aug. 19, 2025, 5:11 a.m.

ECF Number Description Date Link Date / Link
77

REPORT AND RECOMMENDATION recommending that the Defendants' 57 Motion for Summary Judgment be GRANTED IN PART and DENIED IN PART. It is recommended that all of Bock's claims against defendants Gold and Ryan be DISMISSED, that all of Bock 's claims under RLUIPA be DISMISSED, that all of Bock's claims against the defendants in their official capacities be DISMISSED, and that Bock's claim for injunctive relief be DISMISSED. Objections to R&R due by 12/17/2007. Signed by Judge Jerome J. Niedermeier on 11/28/2007. (jlh)

Nov. 28, 2007

Nov. 28, 2007

RECAP
80

RULING AFFIRMING, APPROVING and ADOPTING MAGISTRATE JUDGE'S 77 REPORT AND RECOMMENDATION: Dfts' 57 Motion for Summary Judgment is GRANTED in part and DENIED in part. Pltf's claim for injunctive relief is DISMISSED as moot. Pltf 39;s claims under 42 U.S.C § 1983 against dfts in their official capacities are DISMISSED. All of pltf's claims against dfts Gold and Ryan are DISMISSED. All of pltf's claims under RLUIPA are DISMISSED. The parties shall select an EN E evaluator and arrange an ENE session to be conducted not later than 4/1/2008. They shall inform the Court, in writing, on or before 2/22/2008, of the name of the evaluator and the date of the ENE session. This case shall be ready for trial on 5/1/2008. Signed by Judge J. Garvan Murtha 2/7/2008. (kak)

Feb. 7, 2008

Feb. 7, 2008

RECAP

Case Details

State / Territory: Vermont

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 7, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jewish former prisoner in Vermont State Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Vermont Department of Corrections employees, None

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Amount Defendant Pays: 25,000

Issues

General/Misc.:

Food service / nutrition / hydration

Religious programs / policies

Discrimination Basis:

Religion discrimination