Case: Hudson v. Maloney

1:01-cv-12145 | U.S. District Court for the District of Massachusetts

Filed Date: Dec. 5, 2001

Case Ongoing

Clearinghouse coding complete

Case Summary

This action began with a pro se complaint filed in 2001 by prison inmates in the custody of the Massachusetts Department of Correction (the "DOC"). The plaintiffs brought the action against the Commissioner of DOC and other DOC defendants under 42 U.S.C. § 1983 in the U.S. District Court for the District of Massachusetts, Boston Division. The plaintiffs were Muslims and members of the Nation of Islam. They alleged that the defendants had interfered with their right to freely exercise their reli…

This action began with a pro se complaint filed in 2001 by prison inmates in the custody of the Massachusetts Department of Correction (the "DOC"). The plaintiffs brought the action against the Commissioner of DOC and other DOC defendants under 42 U.S.C. § 1983 in the U.S. District Court for the District of Massachusetts, Boston Division. The plaintiffs were Muslims and members of the Nation of Islam. They alleged that the defendants had interfered with their right to freely exercise their religion and had denied them an opportunity to exercise their religion equal to that of inmates of other faiths who were confined to the DOC facilities. The plaintiffs sought declaratory and injunctive relief for the deprivation of their rights as secured by the First and Fourteenth Amendment of the Constitution, laws and regulations of the United States and the Commonwealth of Massachusetts.

On March 29, 2004, the court entered an order denying the plaintiffs' request for interim injunctive relief. On May 12, 2004, the defendants filed a motion for summary judgment. On July 23, 2004, the court issued an order finding that the defendants were exempted by qualified and official immunity from any claims for monetary damages. The court further determined that the plaintiffs were not entitled to relief as a matter of law with regard to DOC's ban on prayer rugs or its policy of assigning prisoners to kitchen service jobs on a nondiscriminatory basis. However, the court found that a triable issue of fact existed as to whether DOC's refusal to provide Halal meals to Muslim inmates constituted an undue burden on the plaintiffs' exercise of their religious beliefs. The court then appointed counsel to represent the plaintiffs. Newly appointed counsel thereafter, on May 26, 2005, filed an amended complaint.

On April 14, 2006, the plaintiffs filed a motion urging the court to revisit the prayer rug issue based on "newly discovered" evidence. After a hearing, on August 31, 2006, the court granted the plaintiffs' motion for reconsideration, thereby framing the three issues to be decided at trial: whether DOC's refusal to provide regular Halal meals, its ban on traditional prayer rugs, and its refusal to permit inmates to participate in Jum'ah services, substantially and unjustifiably burdened the plaintiffs' exercise of their religious rights. In January of 2007, a six-day non-jury trial was held. Final arguments were heard in February of 2007. The parties were then given leave to file further pleadings.

At the close of the plaintiffs' case, the Commissioner filed a motion for judgment on partial findings, arguing that all but one (the Halal meal issue) of the plaintiffs' three claims were barred by the Prison Litigation Reform Act, 42 U.S.C. § 1997(e) (PLRA). The court provisionally denied the motion, but deferred a final ruling until after the close of evidence and an opportunity for the plaintiffs to reply to the newly asserted jurisdictional claim.

On March 05, 2008, the court entered an order denying the Commissioner's motion for judgment on partial findings. In the order, the court granted the plaintiffs' request for declaratory and injunctive relief on the issues of Halal meals and closed-circuit television access to Jum'ah services. However, the court held that the defendants' refusal to allow individuals in the Special Management Unit (SMU) to personally participate in Jum'ah services served compelling government interests – rehabilitation and promotion of order. Further, the court held DOC's practice of providing the plaintiffs with prayer towels in lieu of prayer rugs did not create a substantial burden on their religious beliefs. No money damages were awarded. A final judgment was entered on April 11, 2008.

Defendants appealed to the First Circuit. On August 24, 2009, in a published opinion, the Court of Appeals affirmed the district court's entry of the injunction.

On May 21, 2015, an individual housed in General Population filed a motion to hold the defendants in contempt, arguing that the defendants had not adequately provided televised Jum'ah services. The court ruled, on June 22 of that year, that the plaintiff had not shown a prospect of immediate harm because he was eligible to attend live Jum'ah services and because the DOC had made financial commitments to eventually install televisions. Even so, the court ordered that the defendant file monthly status reports until installation was expected to be completed in November 2015.

Seemingly in response to this motion, the DOC moved on June 19, 2015, to modify the injunction to specifically deny that individual access to televised Jum'ah services should he ever be moved to SMU on the basis that he was not currently attending many live services. The court denied this motion on July 20, finding that there was no underlying current controversy that justified such a consideration.

Summary Authors

Xin Chen (5/29/2011)

Matthew Feng (4/11/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/308247/parties/hudson-v-maloney/


Judge(s)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Gacioch, David Q. (Massachusetts)

Goldberger, Benjamin A. (Massachusetts)

Kendall, Michael (Massachusetts)

Marcellino, James J. (Massachusetts)

Minahan, Neal E. Jr. (Massachusetts)

Attorneys(s) for Defendant

Anderson, Charles W Jr. (Massachusetts)

Eiro-Bartevyan, Mary C. (Massachusetts)

McFarland, Richard C. (Massachusetts)

White, Nancy Ankers (Massachusetts)

Judge(s)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Gacioch, David Q. (Massachusetts)

Goldberger, Benjamin A. (Massachusetts)

Kendall, Michael (Massachusetts)

Marcellino, James J. (Massachusetts)

Minahan, Neal E. Jr. (Massachusetts)

Attorneys(s) for Defendant

Anderson, Charles W Jr. (Massachusetts)

Eiro-Bartevyan, Mary C. (Massachusetts)

McFarland, Richard C. (Massachusetts)

White, Nancy Ankers (Massachusetts)

Expert/Monitor/Master

Stearns, Richard Gaylore (Massachusetts)

Documents in the Clearinghouse

Document

1:01-cv-12145

Docket

Crawford v. Clark

Oct. 22, 2009

Oct. 22, 2009

Docket
7

1:01-cv-12145

Plaintiff's Verified Complaint for Class Action

Aug. 5, 2002

Aug. 5, 2002

Complaint
28

1:01-cv-12145

Memorandum and Order on Plaintiffs' Motion for a Preliminary Injunction

2004 WL 626814

March 30, 2004

March 30, 2004

Order/Opinion
30

1:01-cv-12145

Defendants' Memorandum of Law in Support of Their Motion for Summary Judgment

May 12, 2004

May 12, 2004

Pleading / Motion / Brief
38

1:01-cv-12145

Memorandum and Order on Defendants' Motion for Summary Judgment

326 F.Supp.2d 206

July 23, 2004

July 23, 2004

Order/Opinion
56

1:01-cv-12145

First Amended Complaint

Hudson v. Dennehy

July 23, 2004

July 23, 2004

Order/Opinion
92

1:01-cv-12145

Plaintiffs' Trial Brief

Hudson v. Dennehy

Jan. 7, 2007

Jan. 7, 2007

Pleading / Motion / Brief
98

1:01-cv-12145

Memorandum of Law in Support of Defendant's Motion for Judgment on Partial Findings

Hudson v. Dennehy

Jan. 18, 2007

Jan. 18, 2007

Pleading / Motion / Brief
105

1:01-cv-12145

Findings of Fact, Rulings of Law, and Order after a Non-Jury Trial

Hudson v. Dennehy

538 F.Supp.2d 400

March 5, 2008

March 5, 2008

Order/Opinion
110

1:01-cv-12145

Final Judgment

Hudson v. Dennehy

2008 WL 1451984

April 11, 2008

April 11, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/308247/hudson-v-maloney/

Last updated July 24, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

Motion by Mac S. Hudson to proceed without prepayment of fees (in forma pauperis) . filed. (scj) (Entered: 12/05/2001)

Dec. 5, 2001

Dec. 5, 2001

PACER

Case reassigned from Judge Unassigned to Judge Richard G. Stearns . (scj)

July 25, 2002

July 25, 2002

PACER
3

Motion by Mac S. Hudson for class certification . filed. (scj) (Entered: 08/05/2002)

July 30, 2002

July 30, 2002

PACER
4

Motion by Mac S. Hudson for appointment of counsel . filed. (scj) (Entered: 08/05/2002)

July 30, 2002

July 30, 2002

PACER
5

Motion by Mac S. Hudson for service by US marshal . filed. (scj) (Entered: 08/05/2002)

July 30, 2002

July 30, 2002

PACER
6

Judge Richard G. Stearns . Memorandum and Order entered. If plaintiffs Derrick Tyler, Antwan Crawford, Darrick Wilson and Anthony Tucker wish to proceed with this action, they shall each file, within 42 days of the date of this Memornadum and Order, individual Applications to Proceed Without Payment of the Filing Fee or the $150.00 filing fee. Ordered denying [3-1] motion for class certification, denying [4-1] motion for appointment of counsel, granting [5-1] motion for service by US marshal. cc/ all pla with AO240 forms [EOD Date 8/5/02] (scj) Modified on 08/05/2002 (Entered: 08/05/2002)

July 30, 2002

July 30, 2002

PACER
2

Judge Richard G. Stearns . Order entered granting [1-1] motion to proceed without prepayment of fees (in forma pauperis) . Clerk is to issue summons and the US marshal is to serve process at the directives of the plaintiff with all costs to be advanced by the US marshal. cc/plas [EOD Date 8/5/02] (scj) (Entered: 08/05/2002)

July 30, 2002

July 30, 2002

PACER
7

Complaint filed in accordance with Order No. 2. Case assigned to Judge: Stearns. Fee Status: Prepayment Waived (scj) (Entered: 08/05/2002)

Aug. 5, 2002

Aug. 5, 2002

PACER

Mail sent to Darrick Wilson returned by Post Office because: Not here. (scj)

Aug. 14, 2002

Aug. 14, 2002

PACER

Mail sent to Anthony Tucker returned by Post Office because: Not Here. (scj)

Aug. 14, 2002

Aug. 14, 2002

PACER
8

Return of service executed as to Michael Maloney with service on 8/22/02 filed. (eaf) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
9

Motion by Michael Maloney for exemption from Local Rule 7.1(A)(2) requiring motion conference, filed. (eaf) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
10

Motion by Michael Maloney to extend time to 11/29/02 to respond to complaint, filed. (eaf) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER

Judge Richard G. Stearns . Endorsed Order entered granting [10-1] motion to extend time to 11/29/02 to respond to complaint, granting [9-1] motion for exemption from Local Rule 7.1(A)(2) requiring motion conference . [EOD Date 10/16/02] cc: all counsel of record. (eaf)

Oct. 16, 2002

Oct. 16, 2002

PACER
12

Judge Richard G. Stearns . Memorandum and Order entered. [EOD Date 11/7/02] "...claims of Mr. Tucker and Mr. Wilson are dismissed without prejudice for want of prosecution pursuant to Rule 41(b) of the F.R.Civ.P." cc: all counsel of record. (eaf) (Entered: 11/07/2002)

Oct. 18, 2002

Oct. 18, 2002

PACER
11

Motion by Mac S. Hudson for entry of default as to Michael Maloney, filed. (eaf) (Entered: 10/28/2002)

Oct. 22, 2002

Oct. 22, 2002

PACER
13

Motion by Derrick Tyler for leave to file motion to proceed in forma pauperis late, filed. (eaf) (Entered: 11/14/2002)

Nov. 14, 2002

Nov. 14, 2002

PACER
14

Motion by Michael Maloney to extend time to 12/27/02 to respond to complaint, filed. (eaf) (Entered: 11/27/2002)

Nov. 27, 2002

Nov. 27, 2002

PACER

Judge Richard G. Stearns . Endorsed Order entered granting [14-1] motion to extend time to 12/27/02 to respond to complaint . [EOD Date 12/2/02] cc: all counsel of record. (eaf)

Nov. 27, 2002

Nov. 27, 2002

PACER

Terminated document: mooting [11-1] motion for entry of default as to Michael Maloney Requested by eaf. (the court having allowed deft's motion to extend time to file responsive pleading until 12/27/02) cc: all counsel of record. (eaf)

Dec. 2, 2002

Dec. 2, 2002

PACER
15

Motion by Michael Maloney to extend time to 1/27/03 to respond to complaint, filed. (eaf) (Entered: 12/24/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER

Judge Richard G. Stearns . Endorsed Order entered granting [15-1] motion to extend time to 1/27/03 to respond to complaint . [EOD Date 12/27/02] cc: all counsel of record. (eaf)

Dec. 27, 2002

Dec. 27, 2002

PACER
16

Motion by Mac S. Hudson to modify 12/27/02 order, filed. on enlargement of time (eaf) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

PACER
17

Answer by Michael Maloney to complaint; jury demand, filed. (eaf) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

PACER
18

Motion/memo by Mac S. Hudson for preliminary judgment, filed. (eaf) (Entered: 02/12/2003)

Feb. 12, 2003

Feb. 12, 2003

PACER
19

Pltf's settlement proposal, filed. (eaf) (Entered: 02/12/2003)

Feb. 12, 2003

Feb. 12, 2003

PACER
20

Motion by Michael Maloney to extend time to 4/25/03 to rpnd to p/i, filed. (eaf) (Entered: 03/04/2003)

March 3, 2003

March 3, 2003

PACER

Judge Richard G. Stearns . Endorsed Order entered denying [16-1] motion to modify 12/27/02 order, denying [13-1] motion for leave to file motion to proceed in forma pauperis late . [EOD Date 3/4/03] cc: all counsel of record. (eaf)

March 3, 2003

March 3, 2003

PACER

Judge Richard G. Stearns . Endorsed Order entered granting [20-1] motion to extend time to 4/25/03 to rpnd to p/i . [EOD Date 3/4/03] cc: all counsel of record. (eaf)

March 4, 2003

March 4, 2003

PACER
21

Motion by Michael Maloney to extend time to 5/16/03 to respond to motion for preliminary injunction, filed. (eaf) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

PACER

Judge Richard G. Stearns . Endorsed Order entered granting [21-1] motion to extend time to 5/16/03 to respond to motion for preliminary injunction . [EOD Date 4/29/03] cc: all counsel of record. (eaf)

April 28, 2003

April 28, 2003

PACER
22

MOTION for Extension of Time to 5/30/03 to respond to mtn for P/I by Michael Maloney.(Flaherty, Elaine) (Entered: 05/22/2003)

May 16, 2003

May 16, 2003

PACER

Judge Richard G. Stearns : Electronic ORDER entered granting 22 Motion for Extension of Time cc: all counsel of record. (Flaherty, Elaine)

May 22, 2003

May 22, 2003

PACER
23

MOTION for Extension of Time to 6/20/03 to File Response/Reply as to 18 Motion for Preliminary Injunction by Michael Maloney.(Flaherty, Elaine) (Entered: 06/05/2003)

June 2, 2003

June 2, 2003

PACER

Judge Richard G. Stearns : Electronic ORDER entered granting 23 Motion for Extension of Time to File Response/Reply re 18 Motion for Preliminary Injunction. cc: all counsel of record. Responses due by 6/20/2003 (Flaherty, Elaine)

June 6, 2003

June 6, 2003

PACER
24

RESPONSE to Motion re 18 Motion for Preliminary Injunction filed by Michael Maloney. (Flaherty, Elaine) (Entered: 06/25/2003)

June 23, 2003

June 23, 2003

PACER
25

MEMORANDUM in Opposition re 18 Motion for Preliminary Injunction/TRO filed by Mac S. Hudson. (Flaherty, Elaine) (Entered: 06/25/2003)

June 23, 2003

June 23, 2003

PACER
26

MOTION for Extension of Time to 7/25/03 to reply to response to mtn for P/I by Mac S. Hudson.Flaherty, Elaine) (Entered: 07/10/2003)

July 7, 2003

July 7, 2003

PACER

Judge Richard G. Stearns : ORDER entered granting 26 Motion for Extension of Time cc: ALL COUNSEL OF RECORD. (Flaherty, Elaine)

July 9, 2003

July 9, 2003

PACER
27

NOTICE of Withdrawal of Appearance Attorney Mary C. Eiro-Bartevyan terminated. (Flaherty, Elaine) (Entered: 08/27/2003)

Aug. 27, 2003

Aug. 27, 2003

PACER
28

Judge Richard G. Stearns : ORDER entered MEMORANDUM AND ORDER on Plaintiffs' Motion for a Preliminary Injunction, ENTERED. "DENIED."(Flaherty, Elaine) (Entered: 03/29/2004)

March 30, 2004

March 30, 2004

PACER
29

MOTION for Summary Judgment by Michael Maloney.(Flaherty, Elaine) (Entered: 05/17/2004)

May 12, 2004

May 12, 2004

PACER
30

MEMORANDUM in Support re 29 MOTION for Summary Judgment filed by Michael Maloney. (Flaherty, Elaine) (Entered: 05/17/2004)

May 12, 2004

May 12, 2004

PACER
31

NOTICE of Appearance by Richard C. McFarland on behalf of Michael Maloney (Flaherty, Elaine) (Entered: 05/17/2004)

May 12, 2004

May 12, 2004

PACER
32

MOTION to Stay defendant's summary judgment motion until the completion of discovery by Mac S. Hudson.(Flaherty, Elaine) (Entered: 05/26/2004)

May 25, 2004

May 25, 2004

PACER
33

MOTION for Protective Order by Michael Maloney.(McFarland, Richard) (Entered: 05/28/2004)

May 28, 2004

May 28, 2004

PACER
34

RESPONSE to Motion re 32 MOTION to Stay filed by Michael Maloney. (McFarland, Richard) (Entered: 05/28/2004)

May 28, 2004

May 28, 2004

PACER
35

CERTIFICATE OF SERVICE by Michael Maloney re 33 MOTION for Protective Order, 34 Response to Motion. (McFarland, Richard) (Entered: 05/28/2004)

May 28, 2004

May 28, 2004

PACER
36

MEMORANDUM in Support re 18 Motion for preliminary injunction/t.r.o Relief filed by Mac S. Hudson, Derrick Tyler. (Flaherty, Elaine) (Entered: 06/07/2004)

June 3, 2004

June 3, 2004

PACER
37

Opposition re 18 Motion for preliminary injunction Relief filed by Michael Maloney. (Flaherty, Elaine) (Entered: 06/07/2004)

June 4, 2004

June 4, 2004

PACER
38

Judge Richard G. Stearns : MEMORANDUM AND ORDER on Defendants' Motion for Summary Judgment, ENTERED.(Flaherty, Elaine) (Entered: 07/23/2004)

July 23, 2004

July 23, 2004

PACER
39

MOTION for Reconsideration re 38 Memorandum & ORDER by Michael Maloney.(McFarland, Richard) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

PACER
40

MOTION for Reconsideration re 38 Memorandum & ORDER by Mac S. Hudson.(Flaherty, Elaine) (Entered: 08/11/2004)

Aug. 9, 2004

Aug. 9, 2004

PACER
41

Judge Richard G. Stearns : ORDER FOR APPOINTMENT OF PRO BONO COUNSEL entered: There being sufficient cause to exercise the discretionary power of the Court to appoint counsel, it is ORDERED that McDermott Will & Emery LLP, 28 State Street, Boston, MA 02109 is appointed to represent plaintiffs Mac Hudson and Derrick Tyler under the provisions of the United States District Court Plan for the Appointment of Counsel For Indigent Parties in Civil Cases, unless this appointment is declined by written notice (copy to pro bono coordinator) within twenty-one (21) days from the date of this Order. (Morse, Barbara) (Entered: 11/09/2004)

Nov. 9, 2004

Nov. 9, 2004

PACER
42

Judge Richard G. Stearns : ORDER entered (Flaherty, Elaine) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER

Motions terminated: 39 MOTION for Reconsideration re 38 Memorandum & ORDER filed by Michael Maloney, 40 MOTION for Reconsideration re 38 Memorandum & ORDER filed by Mac S. Hudson See order no.42 (Flaherty, Elaine)

Dec. 13, 2004

Dec. 13, 2004

PACER
43

NOTICE of Appearance by Benjamin A. Goldberger on behalf of Mac S. Hudson, Derrick Tyler (Copy of Judge Stearns' most recent order mailed this day) (Flaherty, Elaine) (Entered: 12/15/2004)

Dec. 14, 2004

Dec. 14, 2004

PACER
44

MOTION to Amend the Complaint by Mac S. Hudson, Derrick Tyler. (Attachments: # 1 Proposed Amended Complaint)(Goldberger, Benjamin) (Entered: 01/21/2005)

2 Proposed Amended Complaint

View on PACER

Jan. 21, 2005

Jan. 21, 2005

PACER
45

Supplemental MOTION for Reconsideration by Mac S. Hudson, Derrick Tyler.(Goldberger, Benjamin) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
46

Opposition re 39 MOTION for Reconsideration re 38 Memorandum & ORDER filed by Mac S. Hudson, Derrick Tyler. (Goldberger, Benjamin) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
47

STATEMENT of facts As to Which There is a Genuine Dispute to Be Tried. (Attachments: # 1 Declaration of Mac S. Hudson# 2 Declaration of Derrick Tyler# 3 Declaration of Minister Don Muhammad)(Goldberger, Benjamin) (Entered: 01/21/2005)

2 Declaration of Mac S. Hudson

View on PACER

3 Declaration of Derrick Tyler

View on PACER

4 Declaration of Minister Don Muhammad

View on PACER

Jan. 21, 2005

Jan. 21, 2005

PACER
48

MEMORANDUM in Support re 44 MOTION to Amend the Complaint, 45 Supplemental MOTION for Reconsideration and in Opposition to 39 Defendant's Motion for Reconsideration filed by Mac S. Hudson, Derrick Tyler. (Goldberger, Benjamin) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
49

MEMORANDUM in Opposition re 44 MOTION to Amend the Complaint filed by Michael Maloney. (Attachments: # 1 Affidavit # 2 Affidavit)(McFarland, Richard) (Entered: 02/04/2005)

2 Affidavit

View on PACER

3 Affidavit

View on PACER

Feb. 4, 2005

Feb. 4, 2005

PACER
50

Opposition re 45 Supplemental MOTION for Reconsideration filed by Michael Maloney. (McFarland, Richard) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER
52

MOTION for Leave to File reply memorandum in support of their motion to amend the complaint and their substitute motion for reconsideration by Mac S. Hudson, Derrick Tyler.(Flaherty, Elaine) (Entered: 02/24/2005)

Feb. 18, 2005

Feb. 18, 2005

PACER
53

NOTICE of Appearance by Neal E. Minahan on behalf of Mac S. Hudson, Derrick Tyler (Flaherty, Elaine) (Entered: 02/24/2005)

Feb. 18, 2005

Feb. 18, 2005

PACER
51

NOTICE of Hearing on Motion 44 MOTION to Amend the Complaint, 45 Supplemental MOTION for Reconsideration: Motion Hearing set for 5/5/2005 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

PACER

Judge Stearns : Electronic ORDER entered granting 52 Motion for Leave to File (Flaherty, Elaine) Modified on 2/28/2005 (Flaherty, Elaine).

Feb. 24, 2005

Feb. 24, 2005

PACER

Civil Case Terminated. (Flaherty, Elaine)

March 17, 2005

March 17, 2005

PACER

Case Reopened closed in error (Flaherty, Elaine)

March 17, 2005

March 17, 2005

PACER

Notice of correction to docket made by Court staff. Correction: #54 corrected because: wrong civil action number (deleted wrong case) (Flaherty, Elaine)

March 17, 2005

March 17, 2005

PACER
54

Letter/request (non-motion) from N. Minahan w/attachment, filed. (Flaherty, Elaine) (Entered: 04/26/2005)

April 26, 2005

April 26, 2005

PACER
55

MOTION for Leave to File Supplemental Materials Relating to Jumah Services by Mac S. Hudson, Derrick Tyler. (Attachments: # 1 Affidavit of Mac Hudson with Attached Letter from Timothy Hall# 2 Affidavit of Zachariah F. Ibrahim-Bush# 3 Affidavit of Michael Keohane# 4 Affidavit of Adam Rosier# 5 Affidavit of Orrin Simmons)(Goldberger, Benjamin) (Entered: 05/04/2005)

2 Affidavit of Mac Hudson with Attached Letter from Timothy Hall

View on PACER

3 Affidavit of Zachariah F. Ibrahim-Bush

View on PACER

4 Affidavit of Michael Keohane

View on PACER

5 Affidavit of Adam Rosier

View on PACER

6 Affidavit of Orrin Simmons

View on PACER

May 4, 2005

May 4, 2005

PACER

Judge Richard G. Stearns : ElectronicORDER entered allowing 55 Motion for Leave to File (Hamilton, Maria Raia) Modified on 5/6/2005 (Flaherty, Elaine).

May 5, 2005

May 5, 2005

PACER

Judge Richard G. Stearns : Electronic ORDER entered. ELECTRONIC ENDORSEMENT re 39 MOTION for Reconsideration re 38 Memorandum & ORDER filed by Michael Maloney, 44 MOTION to Amend the Complaint filed by Mac S. Hudson, Derrick Tyler, 40 MOTION for Reconsideration re 38 Memorandum & ORDER filed by Mac S. Hudson, 45 Supplemental MOTION for Reconsideration filed by Mac S. Hudson, Derrick Tyler. Plaintiffs' motions for reconsideration are DENIED. Defendant's motion for reconsideration of the court's order regarding Halal meat is DENIED. The motion to amend the Complaint 44 is ALLOWED. In allowing the motion to amend the Complaint, the court is not reversing its prior ruling regarding inmate meal preparation or prayer rugs. The court will, however, allow discovery on all the issues advanced in the Complaint, including those two issues, and allow plaintiffs to seek leave to file a motion for reconsideration after the close of discovery. The parties have ninety days to complete written discovery. At that time, the parties may seek leave of court to conduct depositions. (Hamilton, Maria Raia)

May 5, 2005

May 5, 2005

PACER

ElectronicClerk's Notes for proceedings held before Judge Richard G. Stearns : Motion Hearing held on 5/5/2005 re 39 MOTION for Reconsideration re 38 Memorandum & ORDER filed by Michael Maloney,. (Court Reporter Jmes Gibbons.) (Hamilton, Maria Raia)

May 5, 2005

May 5, 2005

PACER
56

AMENDED COMPLAINT against Kathleen Dennehy, filed by Mac S. Hudson, Derrick Tyler.(Goldberger, Benjamin) (Entered: 05/26/2005)

May 26, 2005

May 26, 2005

PACER
57

Judge Richard G. Stearns : ORDER, entered. "The parties are hereby INVITED to supplement pleadings...within twenty-one (21) days of the date of this Order..."(Flaherty, Elaine) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

PACER
58

ANSWER to Complaint with Jury Demand by Kathleen Dennehy.(McFarland, Richard) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

PACER
59

MEMORANDUM OF LAW by Mac S. Hudson, Derrick Tyler to 57 Order. (Attachments: # 1 Exhibit 1)(Minahan, Neal) (Entered: 06/27/2005)

2 Exhibit 1

View on PACER

June 27, 2005

June 27, 2005

PACER

Judge Richard G. Stearns : Electronic ORDER entered. ELECTRONIC ENDORSEMENT re 59 Memorandum of Law filed by Mac S. Hudson,, Derrick Tyler,"notd" (Flaherty, Elaine)

Aug. 2, 2005

Aug. 2, 2005

PACER
60

Joint MOTION for Extension of Time to 9/2/2005 to Complete Discovery by Mac S. Hudson, Kathleen Dennehy, Derrick Tyler.(Goldberger, Benjamin) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

PACER

Judge Richard G. Stearns : Electronic ORDER entered granting 60 Motion for Extension of Time to Complete Discovery (Flaherty, Elaine)

Aug. 9, 2005

Aug. 9, 2005

PACER
61

Joint MOTION for Discovery (Leave to Take Depositions) and Proposed Discovery Schedule by Mac S. Hudson, Kathleen Dennehy, Derrick Tyler.(Goldberger, Benjamin) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER

Judge Richard G. Stearns : Electronic ORDER entered granting 61 Motion for Discovery : "Allowed, as proposed by counsel - all fact discovery to be completed by 12-20-05; each party shall, by 1-27-06, identify any expert witnesses who may offer testimony on issues for which that party has the burden of proof and provide opposing counsel with written expert(s) reports pursuant to Fed. R. Civ. P.26; each party shall, by 3-10-06, identify any expert witness who will offer testimony in rebuttal or opposition to any expert identified under paragraph 2 and provide opposing counsel with written expert(s) reports pursuant to Fed. R. Civ. P. 26; all dispositive motions shall be filed by 3-31-06; oppositions shall be filed 14 days later unless enlarged by the Court". (Johnson, Mary) Modified on 10/18/2005 (Johnson, Mary).

Oct. 17, 2005

Oct. 17, 2005

PACER
62

Joint MOTION for Extension of Time to January 27, 2006 to Take Fact Depositions by Mac S. Hudson, Kathleen Dennehy, Derrick Tyler.(Goldberger, Benjamin) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

PACER

Judge Richard G. Stearns : Electronic ORDER entered granting 62 Motion for Extension of Time (Flaherty, Elaine)

Dec. 15, 2005

Dec. 15, 2005

PACER
63

Joint MOTION for Extension of Time to 02/24/2006 to Complete Discovery (Extend Deadline for Expert Reports) by Mac S. Hudson, Kathleen Dennehy, Derrick Tyler.(Minahan, Neal) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER

Judge Richard G. Stearns : Electronic ORDER entered granting 63 Motion for Extension of Time to Complete Discovery (Flaherty, Elaine)

Jan. 30, 2006

Jan. 30, 2006

PACER
64

Disclosure pursuant to Rule 26 by Kathleen Dennehy. (Attachments: # 1)(McFarland, Richard) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
65

Joint MOTION for Extension of Time to April 14, 2006 to File Dispositive Motions by Kathleen Dennehy.(McFarland, Richard) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER

Judge Richard G. Stearns : Electronic ORDER entered granting 65 Motion for Extension of Time: "pltfs. shall file a Motion for Reconsideration of the issues raised in the Court's 5-5-05 Order, by 4-14-06. Deft. to oppose pltfs' Motion for Reconsideration, and to file a Motion for Summary Judgment on remaining issues, by 5-12-06. Pltfs. to file their opposition to deft's Motion for Summary Judgment by 5-26-06. SO ORDERED." (Johnson, Mary) Modified on 4/3/2006 (Johnson, Mary).

April 3, 2006

April 3, 2006

PACER

Judge Richard G. Stearns : Electronic ORDER entered. Counsel shall advise the court, within twenty-one days of the date of this order, as to what effect the Supreme Judicial Court's recent ruling in Rashad Rasheed vs. Comm. of Corrections, SJC-09617, April 7, 2006, has on plaintiff's causes of action.(Hamilton, Maria Raia)

April 10, 2006

April 10, 2006

PACER
66

MOTION for Reconsideration re 38 Memorandum & ORDER by Mac S. Hudson, Derrick Tyler.(Minahan, Neal) (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

PACER
67

MEMORANDUM in Support re 66 MOTION for Reconsideration re 38 Memorandum & ORDER filed by Mac S. Hudson, Derrick Tyler. (Attachments: # 1 Affidavit # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N)(Minahan, Neal) (Entered: 04/14/2006)

2 Affidavit

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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16 Exhibit N

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April 14, 2006

April 14, 2006

PACER
68

Response by Kathleen Dennehy to Order, of April 10, 2006. (McFarland, Richard) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
69

MOTION for Summary Judgment by Kathleen Dennehy.(McFarland, Richard) (Entered: 05/13/2006)

May 13, 2006

May 13, 2006

PACER
70

MEMORANDUM in Support re 69 MOTION for Summary Judgment filed by Kathleen Dennehy. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit)(McFarland, Richard) (Entered: 05/13/2006)

2 Exhibit

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May 13, 2006

May 13, 2006

PACER
71

MOTION for Leave to File Excess Pages by Kathleen Dennehy.(McFarland, Richard) (Entered: 05/13/2006)

May 13, 2006

May 13, 2006

PACER
72

MEMORANDUM in Opposition re 66 MOTION for Reconsideration re 38 Memorandum & ORDER filed by Kathleen Dennehy. (McFarland, Richard) (Entered: 05/13/2006)

May 13, 2006

May 13, 2006

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 5, 2001

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are Muslims and members of the Nation of Islam in the custody of the Massachusetts Department of Corrections. (the “DOC”).

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commissioner of the Department of Corrections in the Commonwealth of Massachusetts, Federal

Defendant Type(s):

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):

Equal Protection

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 0

Order Duration: 2008 - None

Content of Injunction:

Discrimination Prohibition

Reasonable Accommodation

Issues

General:

Food service / nutrition / hydration

Religious programs / policies

Solitary confinement/Supermax (conditions or process)

Type of Facility:

Government-run