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Case: Knight v. Thompson

2:93-cv-01404 | U.S. District Court for the Middle District of Alabama

Filed Date: Nov. 24, 1993

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On November 24, 1993, inmates who adhered to Native American religion filed this lawsuit in U.S. District Court for the Middle District of Alabama. The plaintiffs challenged the Alabama Department of Correction's (DOC) policies restricting Native American religious practices, including religious objects, ceremonial grounds, hair length, and sweat lodge ceremonies. The plaintiffs alleged that their First Amendment rights and the Religious Freedom Restoration Act were violated by the DOC's polic…

On November 24, 1993, inmates who adhered to Native American religion filed this lawsuit in U.S. District Court for the Middle District of Alabama. The plaintiffs challenged the Alabama Department of Correction's (DOC) policies restricting Native American religious practices, including religious objects, ceremonial grounds, hair length, and sweat lodge ceremonies. The plaintiffs alleged that their First Amendment rights and the Religious Freedom Restoration Act were violated by the DOC's policies.

Initially, the parties engaged in extensive discovery and settlement negotiations. The parties reached a stipulation in 1998 encompassing all of the plaintiffs’ claims other than the sweat-lodge claim and the hair-length claim. The DOC agreed to comply with new policies regarding ceremonial days, the ceremonial grounds, medicine bags, feathers, moccasins, prayer pipes, drums, and other religious items. In addition, the DOC agreed to provide training for correctional officers on inspection procedures and procedures for allowing inmates to retain their religious items upon transfer.

On September 10, 1999, Magistrate Judge Charles S. Coody issued a recommendation to approve the parties’ stipulation. The magistrate judge issued a separate recommendation regarding the sweat-lodge and hair-length claims and recommended the district court find in favor of the DOC on those claims. On June 12, 2000, the district court adopted both recommendations. The court retained jurisdiction over the matter for one year, while the DOC changed their policies and complied with the stipulation. The plaintiffs appealed the order as far as it entered judgment in favor of the DOC on the sweat-lodge and hair-length claims.

Meanwhile, in October 2000, a Muslim inmate filed a pro se “writ of mandamus” alleging that Muslim inmates were also being discriminated against. The district court treated the pleading as petition for intervention and denied the petition on October 31, 2000. The court stated the inmate could file a separate lawsuit in the Northern District of Alabama where his prison was located.

While the case was on appeal before the Eleventh Circuit, Congress responded to the Supreme Court's partial invalidation of the RFRA (in the City of Boerne case) by enacting the Religious Land Use and Institutionalized Persons Act (RLUIPA). Therefore, on June 12, 2001, the Eleventh Circuit remanded the case to allow the plaintiffs to amend their complaint.

On October 1, 2001, the district court granted the plaintiffs' motion to amend their complaint to include claims under RLUIPA, which they did on October 11, 2001. The parties engaged in a brief period of additional discovery.

On March 14, 2003, Magistrate Judge again recommended a grant of summary judgment on the hair-length claim, but denied summary judgment on the sweat-lodge claim. Accordingly, on September 29, 2003, the district court granted summary judgment to the defendants on their hair-length restriction claim. The plaintiffs appealed.

In December 2004, the DOC changed its policy and to permit inmates who declare Native American spirituality as their religion to participate in sweat lodge ceremonies four times a year. As a result, on September 14, 2006, the district court dismissed the sweat-lodge claims—the plaintiffs’ last remaining claim—as moot. It was undisputed that, since December 2004, sweat lodge ceremonies had been held repeatedly pursuant to the new policy. 2006 WL 2642388 (M.D.Ala., Sep. 14, 2006). The plaintiffs also appealed this order.

As an aside, five prisoners filed a motion for injunctive relief and contempt in 2007 because when they were transferred out of Alabama to a Louisiana prison, Louisiana did not allow them to practice their Native American religion. The magistrate judge recommended that their motion be transferred to the U.S. District Court for the Western District of Louisiana, and the district court adopted that recommendation on April 6, 2007. 2007 WL 1063524 (M.D.Ala., Apr. 06, 2007).

Also, in 2007, an Alabama inmate tried to intervene in the case requesting an emergency restraining order. However, on October 5, 2007, the district court denied the motion because the case was closed according to the September 13, 2006, order dismissing the plaintiffs’ final claim. 2007 WL 2926205 (M.D.Ala., Oct. 05, 2007). But the case did not stay closed.

On October 19, 2007, the Eleventh Circuit affirmed the district court’s dismissal of the sweat-lodge claims, but reversed the district court’s dismissal of the hair-length claims. The Eleventh Circuit held, per curiam, that 1) the inmate's sweat-lodge claims were moot; 2) the inmates were not entitled to monetary relief on their sweat-lodge claims; and 3) there was a genuine issue of material fact as to whether the DOC's total ban on long hair was the least restrictive means of furthering the compelling governmental interests of security, discipline, hygiene, and safety, which precluded summary judgment. The Court noted that the evidentiary record relating to the hair-length claims is over ten years old and that in the intervening time, prison staffing and administration, prison safety and security, and the prison population in Alabama had changed. Therefore, the Eleventh Circuit vacated the district court's order and remanded the case to the district court for a full evidentiary hearing and bench trial, following which the district court would make detailed findings of fact and conclusions of law. 251 F. App'x 665 (11th Cir. 2007).

On remand, Magistrate Judge Coody held an evidentiary hearing and a bench trial. Afterward, Magistrate Judge recommended judgment in favor of the DOC on the hair-length claims on July 11, 2011. 2011 WL 7477105 (M.D.Ala., July 11, 2011). On March 8, 2012, the district court adopted the magistrate judge's recommendations over the plaintiffs' objections. 2012 WL 777274 (M.D. Ala. Mar. 8, 2012). Final judgment was entered in favor of the DOC. The plaintiffs appealed, but the Eleventh Circuit affirmed on July 26, 2013. 723 F.3d 1275 (11th Cir. 2013). The plaintiffs filed a petition for certiorari and the Supreme Court granted certiorari. On January 26, 2015, the Supreme Court vacated the judgment and remanded the case for further consideration in light of Holt v. Hobbs. 135 S. Ct. 1173 (2015).

On remand, the Eleventh Circuit considered the case in light of Holt v. Hobbs, but still ended up affirming the district court’s judgment in favor of the defendants on the hair-length claim. The policy furthered compelling interests and that the policy was the least restrict means of furthering those compelling interests. 796 F.3d 1289 (11th Cir. 2015). Again, the plaintiffs petitioned for certiorari. On February 4, 2016, the petition for certiorari was docketed. On May 3, 2016, the Supreme Court denied the petition for a writ of certiorari. As of April 2019, there is no further docket activity and the case is presumably closed.

Summary Authors

Jessica Kincaid (4/9/2016)

Chiaki Nojiri (4/5/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5342884/parties/knight-v-thompson-lead-case/


Judge(s)

Albritton, William Harold III (Alabama)

Carnes, Edward Earl (Alabama)

Coody, Charles S. (Alabama)

DeMent, Ira (Alabama)

Hull, Frank M. (Georgia)

Marcus, Stanley (Florida)

Propst, Robert Bruce (Alabama)

Schlesinger, Harvey Erwin (Florida)

Tjoflat, Gerald Bard (Florida)

Wilson, Charles R. (Florida)

Judge(s)

Albritton, William Harold III (Alabama)

Carnes, Edward Earl (Alabama)

Coody, Charles S. (Alabama)

DeMent, Ira (Alabama)

Hull, Frank M. (Georgia)

Marcus, Stanley (Florida)

Propst, Robert Bruce (Alabama)

Schlesinger, Harvey Erwin (Florida)

Tjoflat, Gerald Bard (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Burkhalter, Carl Stanley (Alabama)

Fruin, Peter Sean (Alabama)

Haber, Roy S. (Oregon)

Holliday, Shannon L. (Alabama)

Martin, William Preston (Alabama)

Sabel, Mark Wayne Jr. (Alabama)

Tucker, James A. (Alabama)

Attorneys(s) for Defendant

Bell, Fred Frank (Alabama)

Belser, David E. (Alabama)

Graddick, Charles A. (Alabama)

Nabors, G. Dennis (Alabama)

Steadman, Joseph David (Alabama)

Thomas, Kim Tobias (Alabama)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Byrne, Alice Ann (Alabama)

Caballero, Thomas E. (District of Columbia)

Canary, Leura Garrett (Alabama)

Clash-Drexler, Sara W. (District of Columbia)

Doyle, Stephen Michael (Alabama)

Dubois, James J. (Alabama)

Fox, Deena (District of Columbia)

Hirt, Theodore C. (District of Columbia)

Hosp, Edward Andrew (Alabama)

Keisler, Peter D. (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Perez, Thomas E. (District of Columbia)

Porter, John McGavock (Alabama)

Rabinovitz, Joshua Z. (District of Columbia)

Redd, Andrew Weldon (Alabama)

Rivera, Karen A. (District of Columbia)

Somerville, John Quincey (Alabama)

Vines, Kenneth E. (Alabama)

Watson, Patricia A. (Alabama)

Zimmerman, Jonathan Eli (District of Columbia)

Documents in the Clearinghouse

Document

2:93-cv-01404

Docket [PACER]

Nov. 12, 2015

Nov. 12, 2015

Docket

2:96-cv-00554

Docket (PACER)

Native American Prisoners of Alabama − Turtle/Wind Clan v. Alabama Dept. of Corrections

May 3, 2016

May 3, 2016

Docket
193

2:93-cv-01404

Recommendation of the Magistrate Judge

Sept. 10, 1999

Sept. 10, 1999

Magistrate Report/Recommendation
214

2:93-cv-01404

Order and Judgment [Adopting Recommendations of the Magistrate Judge]

June 12, 2000

June 12, 2000

Order/Opinion
235

00-13699

Order

June 12, 2001

June 12, 2001

Order/Opinion
245

2:93-cv-01404

Order

U. S. Court of Appeals for the Eleventh Circuit

Aug. 13, 2001

Aug. 13, 2001

Order/Opinion
255

2:93-cv-01404

Order [Granting Motion to Amend Complaint]

Oct. 1, 2001

Oct. 1, 2001

Order/Opinion
255

2:93-cv-01404

2:96-cv-00554

Order

Limbaugh v. Thompson; Native American Prisoners of Alabama v. State of Alabama Dept. of Corrections

Oct. 1, 2001

Oct. 1, 2001

Order/Opinion
265

2:93-cv-01404

2:96-cv-00554

Plaintiffs' Fourth Amended Complaint, Asserting Claims Persuant to the RLUIPA

Limbaugh v. Thompson

Oct. 11, 2001

Oct. 11, 2001

Complaint
309

2:93-cv-01404

2:96-cv-00554

Recommendation of the Magistrate Judge

Limbaugh v. Thompson

March 14, 2003

March 14, 2003

Magistrate Report/Recommendation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5342884/knight-v-thompson-lead-case/

Last updated Oct. 30, 2022, 9:59 p.m.

ECF Number Description Date Link Date / Link
1

MOTION by Matthew Latham, James Limbaugh, Thomas Hogan, Richard Robinson, Ricky Knight, Franklin Irvin for temporary restraining order, for Appointment of Counsel Referred to Judge Ira De Ment (dkt clerk) (Entered: 11/29/1993)

Nov. 24, 1993

Nov. 24, 1993

PACER
2

Affidavit by Matthew Latham to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Nov. 24, 1993

Nov. 24, 1993

PACER
3

Affidavit by James Limbaugh to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Nov. 24, 1993

Nov. 24, 1993

PACER
4

Affidavit by Thomas Hogan to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Nov. 24, 1993

Nov. 24, 1993

PACER
5

Affidavit by Richard Robinson to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Nov. 24, 1993

Nov. 24, 1993

PACER
6

Affidavit by Ricky Knight to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Nov. 24, 1993

Nov. 24, 1993

PACER
7

Affidavit by Franklin Irvin to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Nov. 24, 1993

Nov. 24, 1993

PACER

Case reassigned to Staff Attorney Anderson effective 11/10/97 (dkt clerk)

Nov. 24, 1993

Nov. 24, 1993

PACER
8

ORDER denying [1-1] motion for temporary restraining order; Referring Case to Mag. Judge Charles S. Coody for further proceedings and determination or recommendation as may be appropriate ( signed by Judge Ira De Ment ). Copies mailed to plaintiff. (djy) Modified on 12/27/1993 (Entered: 12/02/1993)

Dec. 2, 1993

Dec. 2, 1993

PACER
9

ORDER directing plaintiff Robinson that on or before 12/22/93, to return the copy of the complaint supplied to him by the court, and it should contain his signature; pending plaintiff Robinson's compliance with order, it is ORDERED staying further proceedings; ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs; with copy of complaint mailed to plaintiff Robinson, as directed. (dkt clerk) (Entered: 12/09/1993)

Dec. 9, 1993

Dec. 9, 1993

PACER

Plaintiff Hogan's copy of 12-2-93 order returned in mail with the following notation, "return to sender- addressee unknown". Referred to Magistrate Judge Coody. (djy) Modified on 12/13/1993

Dec. 10, 1993

Dec. 10, 1993

PACER
10

ORDER directing that on or before 12-28-93, plaintiff Hogan notify the court of his present address, as further set out in order ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs. (djy) (Entered: 12/14/1993)

Dec. 14, 1993

Dec. 14, 1993

PACER
11

MOTION by Matthew Latham for Appointment of Counsel referred to Mag. Judge Charles S. Coody (djy) (Entered: 12/27/1993)

Dec. 27, 1993

Dec. 27, 1993

PACER
12

REPORT AND RECOMMENDATIONS of Mag. Judge Charles S. Coody that plaintiff Robinson be dismissed as a party to the present complaint; that this case be referred back to the undersigned for further proceedings. Objections to R and R due by 1/17/94. Copies mailed to plaintiffs and defendants. (djy) (Entered: 12/28/1993)

Dec. 28, 1993

Dec. 28, 1993

PACER
13

ORDER denying [11-1] motion for Appointment of Counsel ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs. (djy) (Entered: 12/28/1993)

Dec. 28, 1993

Dec. 28, 1993

PACER
14

ORDER directing that plaintiff Irvin forward to the Clerk of this court the sum of $3.00 as a partial filing fee; setting filing fee deadline for 1/11/94 for Franklin Irvin ; granting [7-1] motion to proceed in forma pauperis, except to the extent payment is required by this order ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs. (djy) (Entered: 12/28/1993)

Dec. 28, 1993

Dec. 28, 1993

PACER

Filing Fee Paid; FILING FEE $ 3.00 RECEIPT # 50120. Referred to Magistrate Judge Coody. (djy)

Jan. 3, 1994

Jan. 3, 1994

PACER
16

REPORT AND RECOMMENDATIONS of Mag. Judge Charles S. Coody that plaintiff Hogan be dismissed as a party to the complaint for his failure to prosecute the case and his failure to keep the court informed as to his current address. Objections to R and R due by 1/24/94. Copies mailed to plaintiffs and defendants. (djy) (Entered: 01/06/1994)

Jan. 6, 1994

Jan. 6, 1994

PACER
17

ORDER granting [2-1], [3-1] and [6-1] motions to proceed in forma pauperis filed by plaintiffs Latham, Limbaugh and Knight; setting Answer deadline to 2/16/94 for Leslie Thompson, for Dept. of Corrections, for J. McClure, for Dewayne Estes, for Willie Johnson, for Kenneth Patrick, for Donald Parker ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs; mailed w/copies of complaint to Jimmy Evans & General Counsel for DOC; mailed CMRRR w/copies of complaint to named defendants. (djy) (Entered: 01/06/1994)

Jan. 6, 1994

Jan. 6, 1994

PACER
18

RETURN RECEIPT CARD showing service of complaint on Ed Murray on 1/7/94 for Dewayne Estes, J. McClure, Donald Parker, Kenneth Patrick . Answer due on 2/17/94 for Dewayne Estes, for J. McClure, for Donald Parker, for Kenneth Patrick (djy) (Entered: 01/11/1994)

Jan. 10, 1994

Jan. 10, 1994

PACER

Stamped ORDER denying [15-1] motion for Reconsideration of [13-1] order, which denied motion for appointment of counsel ( by Mag. Judge Charles S. Coody ). Copies mailed to plaintiff and defendants. (djy) Modified on 02/17/1994

Jan. 10, 1994

Jan. 10, 1994

PACER
19

RETURN RECEIPT CARD showing service of complaint on Kay P. Hope on 1/10/94 for Willie Johnson; on Bette Schild for Dept. of Corrections . Answer due on 2/22/94 for Willie Johnson, for Dept. of Corrections (djy) (Entered: 01/13/1994)

Jan. 12, 1994

Jan. 12, 1994

PACER
20

RETURN RECEIPT CARD showing service of complaint on no signature on 1/12/94 for Leslie Thompson . Answer due on 2/22/94 for Leslie Thompson (djy) (Entered: 01/14/1994)

Jan. 13, 1994

Jan. 13, 1994

PACER

File referred to Magistrate Judge Coody. (djy)

Jan. 18, 1994

Jan. 18, 1994

PACER

File w/proposed order referred to Judge De Ment. (djy)

Jan. 18, 1994

Jan. 18, 1994

PACER

Plaintiff Hogan's copy of 1-10-94 order returned in mail with the following notatition, "returned to sender-addressee unknown". (djy)

Jan. 18, 1994

Jan. 18, 1994

PACER

Plaintiff Hogan's copy of recommendation of 1-6-94 returned in mail with the following notation, "returned to sender - addressee unknown". (djy)

Jan. 19, 1994

Jan. 19, 1994

PACER
21

ORDER (rendered 1-24-94) adopting [12-1] report and recommendations of the Magistrate Judge filed 12-28-93; ORDER, JUDGMENT and DECREE of the court that Richard Robinson be and is hereby dismissed as a plaintiff in this case; referring Case back to Mag. Judge Charles S. Coody for further proceedings ( signed by Judge Ira De Ment ). Copies mailed to plaintiff and defendants. (djy) Modified on 01/25/1994 (Entered: 01/25/1994)

Jan. 25, 1994

Jan. 25, 1994

PACER

File referred to Magistrate Judge Coody. (djy)

Jan. 25, 1994

Jan. 25, 1994

PACER

File w/proposed order referred to Judge De Ment. (djy)

Jan. 26, 1994

Jan. 26, 1994

PACER
22

ORDER adopting [16-1] report and recommendations of the Magistrate Judge filed 1-6-94; ORDER, JUDGMENT and DECREE of the court that Thomas Hogan be and is hereby dismissed as a plaintiff for his failure to prosecute the case and his failure to keep the court informed as to his current address ( signed by Judge Ira De Ment ). Copies mailed to plaintiffs and defendants. (djy) (Entered: 01/27/1994)

Jan. 27, 1994

Jan. 27, 1994

PACER

Plaintiff Hogan's copy of 1-25-94 order returned in mail with the following notation, "returned to sender-addressee unknown". (djy)

Feb. 3, 1994

Feb. 3, 1994

PACER
23

MOTION (Exhibits A thru E attached) by Leslie Thompson, Donald Parker, Kenneth Patrick, Willie Johnson, Dewayne Estes, J. McClure, Dept. of Corrections to Extend Time in which to file their special report referred to Mag. Judge Charles S. Coody (djy) Modified on 02/17/1994 (Entered: 02/17/1994)

Feb. 16, 1994

Feb. 16, 1994

PACER

Stamped ORDER granting [23-1] motion to Extend Time in which to file their special report; resetting Answer deadline to 2/28/94 for Dept. of Corrections, for J. McClure, for Dewayne Estes, for Willie Johnson, for Kenneth Patrick, for Donald Parker, for Leslie Thompson ( by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs and counsel. (djy)

Feb. 18, 1994

Feb. 18, 1994

PACER
24

Motion to compel filed 2-23-94 also contstrued as a discovery request per order of 3-2-94. (djy) (Entered: 03/02/1994)

Feb. 23, 1994

Feb. 23, 1994

PACER
25

BRIEF by Matthew Latham in support of [24-1] motion to Compel referred to Mag. Judge Charles S. Coody (djy) (Entered: 03/02/1994)

Feb. 23, 1994

Feb. 23, 1994

PACER
26

ORDER also construing the motion to compel discovery as a discovery request; denying [24-1] motion to Compel, as not discovery requests have heretofore been filed in this matter prior to the plaintiffs filing the motion to compel; directing that (1) all further discovery requests shall be filed with the court and served on the proper party on or before 3-15-94; (2) responses to requests for discovery shall be filed within 30 days of service of such request; (3) all discovery shall be completed on or before 4/14/94 ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs and counsel. (djy) (Entered: 03/02/1994)

March 2, 1994

March 2, 1994

PACER
27

Special report treated as a MOTION by Leslie Thompson, Donald Parker, Kenneth Patrick, Willie Johnson, Dewayne Estes, J. McClure, Dept. of Corrections for Summary Judgment per order of 3-14-94. (djy) (Entered: 03/14/1994)

March 9, 1994

March 9, 1994

PACER

AO FORM 85 mailed to counsel for defendant. (djy)

March 10, 1994

March 10, 1994

PACER
28

ORDER treating the special report filed 3-9-94 as a motion for summary judgment; [27-1] motion for Summary Judgment by defendants be set for submission on 4/12/94 ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs and counsel. (djy) (Entered: 03/14/1994)

March 14, 1994

March 14, 1994

PACER
29

ORDER setting ORAL ARGUMENT for 2:00 6/8/94 for [27-1] motion for Summary Judgment by telephone conference arranged by counsel for the defendants; directing the persons having custody of the plaintiffs to make them available for the telephone conference as hereinabove decsribed ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs, counsel and Cecil Atchison; furnished to Marie & Ace. (djy) (Entered: 05/17/1994)

May 17, 1994

May 17, 1994

PACER

Plaintiff Limbaugh's copy of 5-17-94 order returned in mail with the following notation, "returned to sender-not here". Per Dept of Corrections now at J.O. Davis Correctional Facility. Re-mailed to new address this date. (djy)

May 19, 1994

May 19, 1994

PACER

Motion hearing held by telephone conference re: [27-1] motion for Summary Judgment by defendants. (dkt clerk)

June 8, 1994

June 8, 1994

PACER
30

ORDER staying all further proceeding except settlement negotiations; directing defendants to negotiate with the plaintiffs toward reaching a settlement of the issues raised in this case; directing defendants to report to the court whether this case has been settled, on or before 7/8/94. Signed by Mag. Judge Charles S. Coody. Copies mailed to plaintiffs & counsel. (dkt clerk) (Entered: 06/09/1994)

June 9, 1994

June 9, 1994

PACER
31

MOTION by Leslie Thompson, Donald Parker, Kenneth Patrick, Willie Johnson, Dewayne Estes, J. McClure, Dept. of Corrections to Extend Time in which to comply with the court's order of 6/9/94 referred to Mag. Judge Charles S. Coody (cc) (Entered: 07/12/1994)

July 11, 1994

July 11, 1994

PACER
32

MOTION by Matthew Latham for denial of extension of time requested by defendants per motion filed 7/11/94 referred to Mag. Judge Charles S. Coody (cc) (Entered: 07/15/1994)

July 15, 1994

July 15, 1994

PACER

Stamped ORDER granting until 8/8/94 [31-1] motion to Extend Time in which to comply with the court's order of 6/9/94 ( by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc)

July 18, 1994

July 18, 1994

PACER
33

MOTION by Matthew Latham for inmate assistance at the meeting scheduled for 7/20/94 with the Attorney General's office referred to Mag. Judge Charles S. Coody (cc) Modified on 07/26/1994 (Entered: 07/20/1994)

July 19, 1994

July 19, 1994

PACER

Stamped ORDER denying [32-1] motion for denial of extension of time ( by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc)

July 20, 1994

July 20, 1994

PACER
34

Objection to extension of time construed as a MOTION by Matthew Latham to Strike [31-1] motion to Extend Time per order of 7/26/94 (cc) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

PACER
35

ORDER denying as moot [34-1] motion to Strike [31-1] motion to Extend Time; denying as moot [33-1] motion for inmate assistance at the meeting scheduled for 7/20/94 with the Attorney General's office ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc) (Entered: 07/26/1994)

July 26, 1994

July 26, 1994

PACER
36

MOTION by James Limbaugh to Show Cause for defendants' failure to comply with order of 6/9/94 referred to Mag. Judge Charles S. Coody (cc) (Entered: 08/24/1994)

Aug. 24, 1994

Aug. 24, 1994

PACER
37

MOTION by James Limbaugh for Judgment on the Pleadings (attachments) referred to Mag. Judge Charles S. Coody (cc) (Entered: 08/24/1994)

Aug. 24, 1994

Aug. 24, 1994

PACER
38

Defendants' RESPONSE to order of 6/9/94 (attachments) referred to Magistrate Judge Coody. (cc) (Entered: 08/25/1994)

Aug. 25, 1994

Aug. 25, 1994

PACER
39

ORDER setting Status Conference 9:00 9/20/94 before Mag. Judge Charles S. Coody, at the Kilby Correctional Facility; directing the persons having custody of the plaintiffs to produce them at the status conference ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs, counsel & Cecil Atchison; furnished Marie & Clayton. (cc) (Entered: 08/31/1994)

Aug. 31, 1994

Aug. 31, 1994

PACER

Plaintiff Latham's copy of order of 8/31/94 returned with following notation "Not Here, Returned to Sender". Per the DOC was paroled 8/29/94. Referred to Magistrate Judge Coody. (cc)

Sept. 6, 1994

Sept. 6, 1994

PACER
40

ORDER resetting Status Conference for 9:00 10/4/94 at the Kilby Correctional Facility before Mag. Judge Charles S. Coody ; directing the persons having custody of the plaintiffs to produce them at the status conference ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs, counsel & Cecil Atchison; furnished Marie & Clayton. (cc) (Entered: 09/22/1994)

Sept. 22, 1994

Sept. 22, 1994

PACER

Plaintiff Latham, Irvin & Knight's copies of order of 9/22/94 returned with following notation "Returned to Sender, Not Here, Easterling Correctional Facility". Remailed Irvin & Kinght's copies to Kilby same date. No current address on Latham. (cc)

Sept. 26, 1994

Sept. 26, 1994

PACER
41

Courtroom Deputy's MINUTES of proceedings: (cc) (Entered: 10/04/1994)

Oct. 4, 1994

Oct. 4, 1994

PACER

Status Conference held before Mag. Judge Charles S. Coody (cc)

Oct. 4, 1994

Oct. 4, 1994

PACER
42

Motion to compel construed as a MOTION by James Limbaugh for free copies per order of 10/7/94 (cc) (Entered: 10/07/1994)

Oct. 5, 1994

Oct. 5, 1994

PACER
44

MOTION by James Limbaugh, Ricky Knight, Franklin Irvin for temporary restraining order referred to Judge Ira De Ment (cc) (Entered: 10/07/1994)

Oct. 7, 1994

Oct. 7, 1994

PACER
45

ORDER setting Evidentiary Hearing pursuant to 28 U.S.C. 636(b)(1)(B) for 9:00 12/6/94, at the Kilby Correctional Facility; set Witness List deadline to at least 10 days before trial, as further set out; directing the persons having custody of the plaintiffs to produce them at said evidentiary hearing (signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs, counsel & Cecil Atchison; furnished Marie & Clayton. (cc) (Entered: 10/07/1994)

Oct. 7, 1994

Oct. 7, 1994

PACER
46

ORDER denying [42-1] motion for free copies ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc) (Entered: 10/07/1994)

Oct. 7, 1994

Oct. 7, 1994

PACER

Stamped ORDER denying [43-1] motion for Reconsideration of [13-1] order denying appointment of counsel ( by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc)

Oct. 7, 1994

Oct. 7, 1994

PACER
47

ORDER denying [44-1] motion for temporary restraining order filed 10-7-94; referring case back to Mag. Judge Charles S. Coody for further proceedings and determination or recommendation as may be appropriate ( signed by Judge Ira De Ment ). Copies mailed to plaintiffs and counsel. (djy) (Entered: 10/11/1994)

Oct. 11, 1994

Oct. 11, 1994

PACER

File referred to Magistrate Judge Coody. (djy)

Oct. 11, 1994

Oct. 11, 1994

PACER

Plaintiff Latham's copies of orders of 10/7/94 returned with following notation "Returned to Sender, Not Here". (cc)

Oct. 12, 1994

Oct. 12, 1994

PACER

Plaintiff Latham's copy of order of 10/11/94 returned with following notation "Returned to Sender, Not Here". (cc)

Oct. 13, 1994

Oct. 13, 1994

PACER
49

ORDER granting [48-1] motion for Reconsideration with respect to paragraphs 5 and 6 of the plaintiffs' 10/13/94 motion and denying [48-1] motion for Reconsideration with respect to paragraphs 1-4 and 7; directing the clerk to mail to the plaintiffs a copy of the case action summary sheet and a copy of the defendants' 3/9/94 special report ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs w/documents as directed and to counsel. (cc) (Entered: 10/14/1994)

Oct. 14, 1994

Oct. 14, 1994

PACER
50

ORDER directing plaintiff Latham that on or before 10/24/94 to notify the court of his present address ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc) (Entered: 10/14/1994)

Oct. 14, 1994

Oct. 14, 1994

PACER

Plaintiff Latham's copies of orders of 10/14/94 returned with following notation "Returned to Sender, not Here". (cc)

Oct. 18, 1994

Oct. 18, 1994

PACER
52

ORDER denying [51-1] motion for Reconsideration of [47-1] order denying their motion for TRO; referring this case to Magistrate Judge Charles S. Coody for further proceedings and determination or recommendation as may be appropriate (signed by Judge Ira De Ment), copies mailed to plaintiffs & counsel. (cc) (Entered: 10/19/1994)

Oct. 19, 1994

Oct. 19, 1994

PACER
53

MOTION by James Limbaugh, Ricky Knight, Franklin Irvin to Compel defendant Johnson to comply with the courts order of 1/6/94 referred to Mag. Judge Charles S. Coody (cc) (Entered: 10/20/1994)

Oct. 20, 1994

Oct. 20, 1994

PACER

Plaintiff Latham's copy of order of 10/19/94 returned with following notation "Returned to Sender, Not Here". (cc)

Oct. 21, 1994

Oct. 21, 1994

PACER

Stamped ORDER denying [53-1] motion to Compel ( by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc)

Oct. 25, 1994

Oct. 25, 1994

PACER

Plaintiff Latham's copy of stamped order of 10/25/94 returned with following notation "Returned to Sender, Not Here". (cc)

Oct. 27, 1994

Oct. 27, 1994

PACER
54

ORDER resetting Evidentiary Hearing for 9:30 12/6/94 in instead of 9:00; directing the persons having custody of the plaintiffs to produce the plaintiffs at 9:30 at the Kilby Correctional Facility at the evidentiary hearing ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs, counsel & Cecil Atchison; furnished Marie & Clayton. (cc) (Entered: 11/04/1994)

Nov. 4, 1994

Nov. 4, 1994

PACER

Plaintiff Latham's copy of order of 11/4/94 returned with the following notation "Returned to Sender, Not Here". (cc)

Nov. 8, 1994

Nov. 8, 1994

PACER
55

Witness list by James Limbaugh, Ricky Knight, Franklin Irvin referred to Magistrate Judge Coody. (cc) (Entered: 11/18/1994)

Nov. 17, 1994

Nov. 17, 1994

PACER
56

REPORT AND RECOMMENDATIONS of Mag. Judge Charles S. Coody that plaintiff Latham be dismissed from this action with prejudice for his failure to prosecute the case and his failure to keep the court imformed of his current address. Objections to R and R due by 12/9/94, copies mailed to plaintiffs & counsel. (cc) (Entered: 11/21/1994)

Nov. 21, 1994

Nov. 21, 1994

PACER
57

ORDER directing the State of Alabama to produce inmates William J. Heup, AIS #Unknown, Floyd Foster, AIS #Unknown, Shirley McCall, AIS # Unknown, Samuel Weaver, Jr., AIS #146467 and Arron Lesperance, AIS #172694 for the evidentiary hearing set for 12/6/94 at 9:30 a.m. at the Kilby Correctional Facility ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs, counsel & Cecil Atchison. (cc) (Entered: 11/21/1994)

Nov. 21, 1994

Nov. 21, 1994

PACER

Plaintiff Latham's copy of order & recommendation of 11/21/94 returned with following notation "Returned to Sender, not Here". (cc)

Nov. 28, 1994

Nov. 28, 1994

PACER
58

Courtroom Deputy's MINUTES of proceedings; Exhibit List; Witness List; EXHIBITS UNDER SEPARATE COVER W/FILE (cc) (Entered: 12/06/1994)

Dec. 6, 1994

Dec. 6, 1994

PACER
59

BRIEF by James Limbaugh, Ricky Knight, Franklin Irvin in support of [1-1] complaint referred to Mag. Judge Charles S. Coody (cc) (Entered: 12/06/1994)

Dec. 6, 1994

Dec. 6, 1994

PACER

Evidentiary Hearing held before Mag. Judge Charles S. Coody (cc)

Dec. 6, 1994

Dec. 6, 1994

PACER
60

ORDER directing the parties to file a joint status report indicating (1) whether a policy has been promulgated, (2) whether appropriate officials of the department have met with the plaintiffs concerning these policies, (3) whether the plaintiffs agree to the policies; set Status Report deadline to 12/27/94 ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc) (Entered: 12/08/1994)

Dec. 8, 1994

Dec. 8, 1994

PACER
61

ORDER adopting [56-1] report and recommendations; dismissing Matthew Latham as a plaintiff because of his failure to prosecute and his failure to keep the court informed of his current address; Referring Case to Mag. Judge Charles S. Coody for further proceedings ( signed by Judge Ira De Ment ), copies mailed to plaintiffs & counsel. (cc) (Entered: 12/09/1994)

Dec. 9, 1994

Dec. 9, 1994

PACER

Plaintiff Latham's copies of orders of 12/8/94 and 12/9/94 returned with the following notation "Returned to Sender, Not Here, Easterling Correctional Facility". (cc)

Dec. 14, 1994

Dec. 14, 1994

PACER
62

STATUS REPORT (w/attachment) by James Limbaugh, Ricky Knight, Franklin Irvin referred to Magistrate Judge Coody. (cc) (Entered: 12/20/1994)

Dec. 20, 1994

Dec. 20, 1994

PACER
63

MOTION by James Limbaugh, Ricky Knight, Franklin Irvin for Summary Judgment referred to Mag. Judge Charles S. Coody (cc) (Entered: 12/21/1994)

Dec. 21, 1994

Dec. 21, 1994

PACER
64

Defendants' response to order of 12/8/94 referred to Magistrate Judge Coody. (cc) (Entered: 12/28/1994)

Dec. 27, 1994

Dec. 27, 1994

PACER
65

MOTION by James Limbaugh, Ricky Knight, Franklin Irvin for Final Judgment on the Case referred to Mag. Judge Charles S. Coody (cc) (Entered: 01/19/1995)

Jan. 19, 1995

Jan. 19, 1995

PACER
66

MOTION by James Limbaugh, Ricky Knight, Franklin Irvin for Summary Judgment referred to Mag. Judge Charles S. Coody (cc) (Entered: 02/07/1995)

Feb. 7, 1995

Feb. 7, 1995

PACER
67

MOTION to Intervene as a plaintiff in this action by Jimmy Lee Bowen, AIS #141620 referred to Mag. Judge Charles S. Coody [Construed as Motion to Amend the Complaint to Add Jimmy Lee Bowen as a Plaintiff pursuant to Court's Order of 3/25/99] (cc) Modified on 03/26/1999 (Entered: 02/24/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER
68

STATUS REPORT (w/Exhibits A-C attached) by Leslie Thompson, Donald Parker, Kenneth Patrick, Willie Johnson, Dewayne Estes, J. McClure, Dept. of Corrections referred to Magistrate Judge Coody. (cc) Modified on 03/26/1999 (Entered: 02/24/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER
69

SUPPLEMENT TO STATUS REPORT (document #62) by James Limbaugh, Ricky Knight, Franklin Irvin referred to Magistrate Judge Coody. (cc) (Entered: 03/03/1995)

March 3, 1995

March 3, 1995

PACER
70

MOTION by Leslie Thompson, Donald Parker, Kenneth Patrick, Willie Johnson, Dewayne Estes, J. McClure, Dept. of Corrections to Supplement the Status Report filed 2/24/95 ; attachment referred to Mag. Judge Charles S. Coody (cc) (Entered: 03/09/1995)

March 8, 1995

March 8, 1995

PACER
71

NOTICE of Attorney Appearance for James Limbaugh, Ricky Knight, Franklin Irvin, Jimmy Lee Bowen by Mark W. Sabel Jr. (dmk) (Entered: 06/13/1995)

June 12, 1995

June 12, 1995

PACER
72

NOTICE of Attorney Appearance for Ricky Knight, Franklin Irvin, Jimmy Lee Bowen, James Limbaugh by James A. Tucker (cc) (Entered: 06/19/1995)

June 19, 1995

June 19, 1995

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 24, 1993

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates in the Alabama Department of Corrections who practiced Native American religions

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Alabama Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Free Exercise Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Provide antidiscrimination training

Training

Issues

General:

Conditions of confinement

Failure to train

Religious programs / policies

Discrimination-basis:

Religion discrimination

Race:

American Indian/Alaskan Native

Type of Facility:

Government-run