Case: Hudson v. Maloney

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

Filed Date: Dec. 5, 2001

Case Ongoing

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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 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 attorneys, see: https://www.courtlistener.com/docket/308247/parties/hudson-v-maloney/

Judge(s)

Attorney for Plaintiff

Gacioch, David Q. (Massachusetts)

Goldberger, Benjamin A. (Massachusetts)

Kendall, Michael (Massachusetts)

Attorney for Defendant

Anderson, Charles W Jr. (Massachusetts)

Eiro-Bartevyan, Mary C. (Massachusetts)

Judge(s)

Torruella, Juan R. (Puerto Rico)

Attorney for Plaintiff

Gacioch, David Q. (Massachusetts)

Goldberger, Benjamin A. (Massachusetts)

Kendall, Michael (Massachusetts)

Marcellino, James J. (Massachusetts)

Minahan, Neal E. Jr. (Massachusetts)

Attorney 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)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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	March 30, 2004	March 30, 2004 Order/Opinion 2004 WL 626814
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	July 23, 2004	July 23, 2004 Order/Opinion 326 F.Supp.2d 206
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	March 5, 2008	March 5, 2008 Order/Opinion 538 F.Supp.2d 400
110 1:01-cv-12145	Final Judgment Hudson v. Dennehy	April 11, 2008	April 11, 2008 Order/Opinion 2008 WL 1451984

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Docket

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

Last updated Aug. 24, 2026, 7:04 p.m.

Docket for: Hudson v. Maloney

ECF Number	Date	Description	Link
1	Dec. 5, 2001	Motion by Mac S. Hudson to proceed without prepayment of fees (in forma pauperis) . filed. (scj) (Entered: 12/05/2001)	RECAP
	July 25, 2002	Case reassigned from Judge Unassigned to Judge Richard G. Stearns . (scj)
2	July 30, 2002	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)	RECAP
3	July 30, 2002	Motion by Mac S. Hudson for class certification . filed. (scj) (Entered: 08/05/2002)	RECAP
4	July 30, 2002	Motion by Mac S. Hudson for appointment of counsel . filed. (scj) (Entered: 08/05/2002)	RECAP
5	July 30, 2002	Motion by Mac S. Hudson for service by US marshal . filed. (scj) (Entered: 08/05/2002)	RECAP
6	July 30, 2002	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)	RECAP
7	Aug. 5, 2002	Complaint filed in accordance with Order No. 2. Case assigned to Judge: Stearns. Fee Status: Prepayment Waived (scj) (Entered: 08/05/2002)	RECAP
	Aug. 14, 2002	Mail sent to Darrick Wilson returned by Post Office because: Not here. (scj)
	Aug. 14, 2002	Mail sent to Anthony Tucker returned by Post Office because: Not Here. (scj)
8	Oct. 15, 2002	Return of service executed as to Michael Maloney with service on 8/22/02 filed. (eaf) (Entered: 10/15/2002)	RECAP
9	Oct. 15, 2002	Motion by Michael Maloney for exemption from Local Rule 7.1(A)(2) requiring motion conference, filed. (eaf) (Entered: 10/15/2002)	RECAP
10	Oct. 15, 2002	Motion by Michael Maloney to extend time to 11/29/02 to respond to complaint, filed. (eaf) (Entered: 10/15/2002)	RECAP
	Oct. 16, 2002	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)
12	Oct. 18, 2002	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)	RECAP
11	Oct. 22, 2002	Motion by Mac S. Hudson for entry of default as to Michael Maloney, filed. (eaf) (Entered: 10/28/2002)	RECAP
13	Nov. 14, 2002	Motion by Derrick Tyler for leave to file motion to proceed in forma pauperis late, filed. (eaf) (Entered: 11/14/2002)	RECAP
14	Nov. 27, 2002	Motion by Michael Maloney to extend time to 12/27/02 to respond to complaint, filed. (eaf) (Entered: 11/27/2002)	RECAP
	Nov. 27, 2002	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)
	Dec. 2, 2002	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)
15	Dec. 24, 2002	Motion by Michael Maloney to extend time to 1/27/03 to respond to complaint, filed. (eaf) (Entered: 12/24/2002)	RECAP
	Dec. 27, 2002	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)
16	Jan. 8, 2003	Motion by Mac S. Hudson to modify 12/27/02 order, filed. on enlargement of time (eaf) (Entered: 01/09/2003)	RECAP
17	Jan. 27, 2003	Answer by Michael Maloney to complaint; jury demand, filed. (eaf) (Entered: 01/28/2003)	RECAP
18	Feb. 12, 2003	Motion/memo by Mac S. Hudson for preliminary judgment, filed. (eaf) (Entered: 02/12/2003)	RECAP
19	Feb. 12, 2003	Pltf's settlement proposal, filed. (eaf) (Entered: 02/12/2003)	RECAP
20	March 3, 2003	Motion by Michael Maloney to extend time to 4/25/03 to rpnd to p/i, filed. (eaf) (Entered: 03/04/2003)	RECAP
	March 3, 2003	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 4, 2003	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)
21	April 25, 2003	Motion by Michael Maloney to extend time to 5/16/03 to respond to motion for preliminary injunction, filed. (eaf) (Entered: 04/28/2003)	RECAP
	April 28, 2003	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)
22	May 16, 2003	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)	RECAP
	May 22, 2003	Judge Richard G. Stearns : Electronic ORDER entered granting 22 Motion for Extension of Time cc: all counsel of record. (Flaherty, Elaine)
23	June 2, 2003	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)	RECAP
	June 6, 2003	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)
24	June 23, 2003	RESPONSE to Motion re 18 Motion for Preliminary Injunction filed by Michael Maloney. (Flaherty, Elaine) (Entered: 06/25/2003)	RECAP
25	June 23, 2003	MEMORANDUM in Opposition re 18 Motion for Preliminary Injunction/TRO filed by Mac S. Hudson. (Flaherty, Elaine) (Entered: 06/25/2003)	RECAP
26	July 7, 2003	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)	RECAP
	July 9, 2003	Judge Richard G. Stearns : ORDER entered granting 26 Motion for Extension of Time cc: ALL COUNSEL OF RECORD. (Flaherty, Elaine)
27	Aug. 27, 2003	NOTICE of Withdrawal of Appearance Attorney Mary C. Eiro-Bartevyan terminated. (Flaherty, Elaine) (Entered: 08/27/2003)	RECAP
28	March 30, 2004	Judge Richard G. Stearns : ORDER entered MEMORANDUM AND ORDER on Plaintiffs' Motion for a Preliminary Injunction, ENTERED. "DENIED."(Flaherty, Elaine) (Entered: 03/29/2004)	RECAP
29	May 12, 2004	MOTION for Summary Judgment by Michael Maloney.(Flaherty, Elaine) (Entered: 05/17/2004)	RECAP
30	May 12, 2004	MEMORANDUM in Support re 29 MOTION for Summary Judgment filed by Michael Maloney. (Flaherty, Elaine) (Entered: 05/17/2004)	RECAP
31	May 12, 2004	NOTICE of Appearance by Richard C. McFarland on behalf of Michael Maloney (Flaherty, Elaine) (Entered: 05/17/2004)	RECAP
32	May 25, 2004	MOTION to Stay defendant's summary judgment motion until the completion of discovery by Mac S. Hudson.(Flaherty, Elaine) (Entered: 05/26/2004)	RECAP
33	May 28, 2004	MOTION for Protective Order by Michael Maloney.(McFarland, Richard) (Entered: 05/28/2004)	RECAP
34	May 28, 2004	RESPONSE to Motion re 32 MOTION to Stay filed by Michael Maloney. (McFarland, Richard) (Entered: 05/28/2004)	RECAP
35	May 28, 2004	CERTIFICATE OF SERVICE by Michael Maloney re 33 MOTION for Protective Order, 34 Response to Motion. (McFarland, Richard) (Entered: 05/28/2004)	RECAP
36	June 3, 2004	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)	RECAP
37	June 4, 2004	Opposition re 18 Motion for preliminary injunction Relief filed by Michael Maloney. (Flaherty, Elaine) (Entered: 06/07/2004)	RECAP
38	July 23, 2004	Judge Richard G. Stearns : MEMORANDUM AND ORDER on Defendants' Motion for Summary Judgment, ENTERED.(Flaherty, Elaine) (Entered: 07/23/2004)	RECAP
39	Aug. 2, 2004	MOTION for Reconsideration re 38 Memorandum & ORDER by Michael Maloney.(McFarland, Richard) (Entered: 08/02/2004)	RECAP
40	Aug. 9, 2004	MOTION for Reconsideration re 38 Memorandum & ORDER by Mac S. Hudson.(Flaherty, Elaine) (Entered: 08/11/2004)	RECAP
41	Nov. 9, 2004	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)	RECAP
42	Dec. 13, 2004	Judge Richard G. Stearns : ORDER entered (Flaherty, Elaine) (Entered: 12/13/2004)	RECAP
	Dec. 13, 2004	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)
43	Dec. 14, 2004	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)	RECAP
44	Jan. 21, 2005	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	RECAP
45	Jan. 21, 2005	Supplemental MOTION for Reconsideration by Mac S. Hudson, Derrick Tyler.(Goldberger, Benjamin) (Entered: 01/21/2005)	RECAP
46	Jan. 21, 2005	Opposition re 39 MOTION for Reconsideration re 38 Memorandum & ORDER filed by Mac S. Hudson, Derrick Tyler. (Goldberger, Benjamin) (Entered: 01/21/2005)	RECAP
47	Jan. 21, 2005	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	RECAP
48	Jan. 21, 2005	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)	RECAP
49	Feb. 4, 2005	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	RECAP
50	Feb. 4, 2005	Opposition re 45 Supplemental MOTION for Reconsideration filed by Michael Maloney. (McFarland, Richard) (Entered: 02/04/2005)	RECAP
52	Feb. 18, 2005	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)	RECAP
53	Feb. 18, 2005	NOTICE of Appearance by Neal E. Minahan on behalf of Mac S. Hudson, Derrick Tyler (Flaherty, Elaine) (Entered: 02/24/2005)	RECAP
51	Feb. 23, 2005	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)	RECAP
	Feb. 24, 2005	Judge Stearns : Electronic ORDER entered granting 52 Motion for Leave to File (Flaherty, Elaine) Modified on 2/28/2005 (Flaherty, Elaine).
	March 17, 2005	Civil Case Terminated. (Flaherty, Elaine)
	March 17, 2005	Case Reopened closed in error (Flaherty, Elaine)
	March 17, 2005	Notice of correction to docket made by Court staff. Correction: #54 corrected because: wrong civil action number (deleted wrong case) (Flaherty, Elaine)
54	April 26, 2005	Letter/request (non-motion) from N. Minahan w/attachment, filed. (Flaherty, Elaine) (Entered: 04/26/2005)	RECAP
55	May 4, 2005	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	RECAP
	May 5, 2005	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	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	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)
56	May 26, 2005	AMENDED COMPLAINT against Kathleen Dennehy, filed by Mac S. Hudson, Derrick Tyler.(Goldberger, Benjamin) (Entered: 05/26/2005)	RECAP
57	June 6, 2005	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)	RECAP
58	June 13, 2005	ANSWER to Complaint with Jury Demand by Kathleen Dennehy.(McFarland, Richard) (Entered: 06/13/2005)	RECAP
59	June 27, 2005	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	RECAP
	Aug. 2, 2005	Judge Richard G. Stearns : Electronic ORDER entered. ELECTRONIC ENDORSEMENT re 59 Memorandum of Law filed by Mac S. Hudson,, Derrick Tyler,"notd" (Flaherty, Elaine)
60	Aug. 4, 2005	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)	RECAP
	Aug. 9, 2005	Judge Richard G. Stearns : Electronic ORDER entered granting 60 Motion for Extension of Time to Complete Discovery (Flaherty, Elaine)
61	Sept. 30, 2005	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)	RECAP
	Oct. 17, 2005	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).
62	Dec. 9, 2005	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)	RECAP
	Dec. 15, 2005	Judge Richard G. Stearns : Electronic ORDER entered granting 62 Motion for Extension of Time (Flaherty, Elaine)
63	Jan. 27, 2006	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)	RECAP
	Jan. 30, 2006	Judge Richard G. Stearns : Electronic ORDER entered granting 63 Motion for Extension of Time to Complete Discovery (Flaherty, Elaine)
64	Feb. 24, 2006	Disclosure pursuant to Rule 26 by Kathleen Dennehy. (Attachments: # 1)(McFarland, Richard) (Entered: 02/24/2006)	RECAP
65	March 31, 2006	Joint MOTION for Extension of Time to April 14, 2006 to File Dispositive Motions by Kathleen Dennehy.(McFarland, Richard) (Entered: 03/31/2006)	RECAP
	April 3, 2006	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 10, 2006	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)
66	April 14, 2006	MOTION for Reconsideration re 38 Memorandum & ORDER by Mac S. Hudson, Derrick Tyler.(Minahan, Neal) (Entered: 04/14/2006)	RECAP
67	April 14, 2006	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 View on PACER 3 Exhibit A View on PACER 4 Exhibit B View on PACER 5 Exhibit C View on PACER 6 Exhibit D View on PACER 7 Exhibit E View on PACER 8 Exhibit F View on PACER 9 Exhibit G View on PACER 10 Exhibit H View on PACER 11 Exhibit I View on PACER 12 Exhibit J View on PACER 13 Exhibit K View on PACER 14 Exhibit L View on PACER 15 Exhibit M View on PACER 16 Exhibit N View on PACER	RECAP
68	May 1, 2006	Response by Kathleen Dennehy to Order, of April 10, 2006. (McFarland, Richard) (Entered: 05/01/2006)	RECAP
69	May 13, 2006	MOTION for Summary Judgment by Kathleen Dennehy.(McFarland, Richard) (Entered: 05/13/2006)	RECAP
70	May 13, 2006	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 View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Exhibit View on PACER	RECAP
71	May 13, 2006	MOTION for Leave to File Excess Pages by Kathleen Dennehy.(McFarland, Richard) (Entered: 05/13/2006)	RECAP
72	May 13, 2006	MEMORANDUM in Opposition re 66 MOTION for Reconsideration re 38 Memorandum & ORDER filed by Kathleen Dennehy. (McFarland, Richard) (Entered: 05/13/2006)	RECAP