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Case: Lindh v. Warden

2:09-cv-00215 | U.S. District Court for the Southern District of Indiana

Filed Date: June 18, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 18, 2009, a group of Muslim prisoners (including John Walker Lindh, the "American Taliban") filed suit in the U.S. District Court for the Southern District of Indiana against the warden of the Federal Correctional Institute. The plaintiffs, represented by the ACLU of Indiana, asked for declaratory and injunctive relief, alleging that the prison's allowance of only one hour of group prayer per week violated the Religious Freedom Restoration Act.Arguments focused on Muslim tradition, whic…

On June 18, 2009, a group of Muslim prisoners (including John Walker Lindh, the "American Taliban") filed suit in the U.S. District Court for the Southern District of Indiana against the warden of the Federal Correctional Institute. The plaintiffs, represented by the ACLU of Indiana, asked for declaratory and injunctive relief, alleging that the prison's allowance of only one hour of group prayer per week violated the Religious Freedom Restoration Act.

Arguments focused on Muslim tradition, which calls for five sessions of prayer of each day with group prayer being preferable over individual sessions. The plaintiffs alleged that the prison's policy of only allowing one hour of prayer per week did not serve a compelling government purpose. Furthering their belief was the living conditions of the prisoners, which allowed them to be out of their cells most of the day.

The plaintiffs moved for certification of a class consisting of all Muslim prisoners aggrieved by this policy. However, the district court (Judge Jane Magnus-Stinson) denied this motion, holding that the plaintiffs failed to sufficiently define a class and, regardless, could not satisfy the numerosity requirement necessary to have class certification approved. The plaintiffs could only identify five Muslim prisoners under the warden's control whose beliefs on prayer coincided with their own.

Both parties filed motion for summary judgment, and Judge Magnus-Stinson granted in part and denied in part the plaintiffs' motion, while denying the defendant's motion (2012 WL 379737). She held, as a matter of law, that "recitation of the five daily Muslim group prayers is a religious exercise rooted in Mr. Lindh's sincerely held religious beliefs," thus satisfying that requirement of RFRA. However, she deemed that there were genuine issues of material fact surrounding the issue of whether the warden substantially burdened the plaintiffs' religious practices.

Following a bench trial, the court issued its findings of fact and conclusions of law (2013 WL 139699). The court issued a permanent injunction against the Federal Correctional Institute, holding that the prison's policy violated RFRA. As such, the prison was required to change its policy regarding prayer sessions without 60 days of the issuing of the order. Under the order, the prison was required to allow prisoners to have prayer sessions at any time that the prisoners would otherwise be allowed out of their cells.

The prison changed its policy to allow religious groups to pray at three assigned times per day, with no more than 10 inmates allowed in the room at any time. Feeling that the policy violated the order of the court, the plaintiffs filed a motion to hold the defendant in contempt. After the filing of the motion, the prison again changed its policy to only allow for group prayer within individual cells, with a maximum of two prisoners allowed in any cell. The plaintiffs alleged that the warden violated the express and unambiguous command of the court, and therefore must be held in contempt.

The court held that its prior ruling was not clear and unambiguous, and therefore did not hold the defendant in contempt (2013 WL 3790897). However, Judge Magnus-Stinson did further clarify her past order, declaring that "the Warden is to allow group prayer during every Muslim prayer time for which the inmates are not confined to their cells. While the Warden may place a limit on the location and number of inmates who may assemble in a single place, the limitations must be reasonable and in keeping with RFRA's requirement that they are the least restrictive means of furthering a compelling interest be employed. Put simply, just as inmates are free to assemble, socialize, and engage in other group activities in common, recreational areas during times they are released from their cells, so too must they be allowed to engage in group prayer in common, out-of-cell areas, which the Warden may designate in his discretion."

Summary Authors

Jonathan Forman (7/24/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4938411/parties/lindh-v-warden/


Judge(s)

Dinsmore, Mark. J. (Indiana)

Magnus-Stinson, Jane Elizabeth (Indiana)

McKinney, Larry J. (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Rose, Gavin Minor (Indiana)

Attorneys(s) for Defendant

Kieper, Thomas E (Indiana)

McCoskey, William Lance (Indiana)

Judge(s)

Dinsmore, Mark. J. (Indiana)

Magnus-Stinson, Jane Elizabeth (Indiana)

McKinney, Larry J. (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Rose, Gavin Minor (Indiana)

Attorneys(s) for Defendant

Kieper, Thomas E (Indiana)

McCoskey, William Lance (Indiana)

Documents in the Clearinghouse

Document

2:09-cv-00215

Docket (PACER)

Arnaout v. Warden

July 19, 2013

July 19, 2013

Docket
1

2:09-cv-00215

Complaint for Declaratory and Injunctive Relief

Arnaout v. Warden

June 18, 2009

June 18, 2009

Complaint
36

2:09-cv-00215

Order

Arnaout v. Warden

May 26, 2010

May 26, 2010

Order/Opinion
61

2:09-cv-00215

Order Consolidating Cases

Arnaout v. Warden

Sept. 9, 2010

Sept. 9, 2010

Order/Opinion
67

2:09-cv-00215

Order Denying Plaintiffs' Motion to Certify Class

Nov. 8, 2010

Nov. 8, 2010

Order/Opinion
86

2:09-cv-00215

Second Amended Complaint for Declaratory and Injunctive Relief

Jan. 25, 2011

Jan. 25, 2011

Complaint
121

2:09-cv-00215

Order [re cross-motions for summary judgment]

Feb. 3, 2012

Feb. 3, 2012

Order/Opinion
200

2:09-cv-00215

Findings of Fact and Conclusions of Law

Jan. 11, 2013

Jan. 11, 2013

Order/Opinion
227

2:09-cv-00215

Order

July 19, 2013

July 19, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4938411/lindh-v-warden/

Last updated Nov. 29, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against WARDEN, filed by ENAAM ARNAOUT, RANDALL T ROYER. (Attachments: # 1 Exhibit a)(VS) (Entered: 06/19/2009)

1 Exhibit a

View on PACER

June 18, 2009

June 18, 2009

PACER
2

CIVIL COVER SHEET, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (VS) (Entered: 06/19/2009)

June 18, 2009

June 18, 2009

PACER
3

Summons Issued as to WARDEN. Attorney General Office of USA (VS) (Entered: 06/19/2009)

June 18, 2009

June 18, 2009

PACER
4

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (VS) (Entered: 06/19/2009)

June 18, 2009

June 18, 2009

PACER
5

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (VS) (Entered: 06/19/2009)

June 18, 2009

June 18, 2009

PACER
6

MAGISTRATE JUDGE'S Summary of CMP Notice (VS) (Entered: 06/19/2009)

June 18, 2009

June 18, 2009

PACER
7

RECEIPT #th 000862 in the amount of $ 350.00 (VS) (Entered: 06/19/2009)

June 18, 2009

June 18, 2009

PACER
8

SUMMONS Returned Executed by all plaintiffs. WARDEN served on 7/1/2009. (Falk, Kenneth) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

PACER
9

NOTICE of Appearance by Thomas E. Kieper on behalf of Defendant WARDEN. (Kieper, Thomas) (Entered: 08/18/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
10

NOTICE of Parties' First Extension of Time, filed by Defendant WARDEN. (Kieper, Thomas) (Entered: 08/18/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
11

Clerk's Notice of Change of Terre Haute Division Mailing Address. (JD) (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
12

Defendant's ANSWER to 1 Complaint and Defendant's Affirmative Defenses, filed by WARDEN.(Kieper, Thomas) (Entered: 09/23/2009)

Sept. 23, 2009

Sept. 23, 2009

PACER
13

MOTION to Amend/Correct Complaint, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (Attachments: # 1 Proposed amended complaint, # 2 Exhibit A-C to Proposed Amended Complaint, # 3 Text of Proposed Order)(Falk, Kenneth) (Entered: 11/09/2009)

1 Proposed amended complaint

View on RECAP

2 Exhibit A-C to Proposed Amended Complaint

View on PACER

3 Text of Proposed Order

View on PACER

Nov. 9, 2009

Nov. 9, 2009

PACER
14

BRIEF/MEMORANDUM in Support re 13 MOTION to Amend/Correct Complaint, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (Falk, Kenneth) (Entered: 11/09/2009)

Nov. 9, 2009

Nov. 9, 2009

PACER
15

Unopposed MOTION for Extension of Time to December 22, 2009, filed by Defendant WARDEN. (Attachments: # 1 Text of Proposed Order)(Kieper, Thomas) (Entered: 11/17/2009)

1 Text of Proposed Order

View on PACER

Nov. 17, 2009

Nov. 17, 2009

PACER
16

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (Attachments: # 1 Summary of CMP)(Falk, Kenneth) (Entered: 12/03/2009)

1 Summary of CMP

View on PACER

Dec. 3, 2009

Dec. 3, 2009

PACER
17

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 8/23/2010. Settlement Conference set for 5/20/2010 10:00 AM in room #131 before Magistrate Judge William G. Hussmann, Jr. In light of the potential for SJ to resolve this matter, a trial date will be set at the settlement conference. Signed by Magistrate Judge William G. Hussmann, Jr., on 12/16/2009.(NRN) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

PACER
18

RESPONSE in Opposition re 13 MOTION to Amend/Correct Complaint Defendant's Objection to Plaintiff's Motion to File Amended Complaint, filed by Defendant WARDEN. (Attachments: # 1 Exhibit 1, Declaration of Harvey G. Church, # 2 Exhibit 2, Declaration of Bashar Murad)(Kieper, Thomas) (Entered: 12/22/2009)

1 Exhibit 1, Declaration of Harvey G. Church

View on PACER

2 Exhibit 2, Declaration of Bashar Murad

View on PACER

Dec. 22, 2009

Dec. 22, 2009

PACER
19

ORDER granting 15 Motion for Extension of Time to File Reponse to Amended Complaint to 12/22/2009. Signed by Magistrate Judge William G. Hussmann, Jr., on 12/23/2009. (NRN) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

PACER
20

MOTION for Extension of Time to January 25, 2010 to file reply to 13 MOTION to Amend/Correct Complaint, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/28/2009)

1 Text of Proposed Order

View on PACER

Dec. 28, 2009

Dec. 28, 2009

PACER
21

ORDER granting 20 Motion for Extension of Time to File Reply re 13 MOTION to Amend/Correct Complaint. Reply due by 1/25/2010. Signed by Magistrate Judge William G. Hussmann, Jr., on 12/29/2009. (NRN) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER
22

NOTICE of Service of Initial Disclosures, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (Falk, Kenneth) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

PACER
23

REPLY in Support of Motion re 13 MOTION to Amend/Correct Complaint, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (Attachments: # 1 Exhibit Declaration-Lindh, # 2 Exhibit Declaration-Arnaout)(Falk, Kenneth) (Entered: 01/25/2010)

1 Exhibit Declaration-Lindh

View on RECAP

2 Exhibit Declaration-Arnaout

View on PACER

Jan. 25, 2010

Jan. 25, 2010

PACER
24

NOTICE of Service of Initial Disclosures, filed by Defendant WARDEN. (Kieper, Thomas) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

PACER
25

Witness List -Preliminary, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER, Exhibit List Preliminary, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (Falk, Kenneth) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
26

Witness List, filed by Defendant WARDEN, Exhibit List, filed by Defendant WARDEN. (Kieper, Thomas) (Entered: 03/23/2010)

March 23, 2010

March 23, 2010

PACER
27

MOTION to Allow Plaintiffs to Appear at the Settlement Conference by Telephone and to Excuse Randall Royer from the Conference if Suitable Arrangements Cannot be Made for his Telephonic Appearance, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/24/2010)

1 Text of Proposed Order

View on PACER

March 24, 2010

March 24, 2010

PACER
28

MOTION to Dismiss Randall Royer and His Claim, filed by Defendant WARDEN. (Kieper, Thomas) (Entered: 04/01/2010)

April 1, 2010

April 1, 2010

PACER
29

BRIEF/MEMORANDUM in Support re 28 MOTION to Dismiss Randall Royer and His Claim, filed by Defendant WARDEN. (Attachments: # 1 Decl. of B. Shoemaker)(Kieper, Thomas) (Entered: 04/01/2010)

1 Decl. of B. Shoemaker

View on PACER

April 1, 2010

April 1, 2010

PACER
30

MOTION for Extension of Time to May 19, 2010 to file response to 28 MOTION to Dismiss Randall Royer and His Claim, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/09/2010)

1 Text of Proposed Order

View on PACER

April 9, 2010

April 9, 2010

PACER
31

ORDER granting 30 Motion for Extension of Time to File Response to 5/19/2010 re 28 MOTION to Dismiss Randall Royer and His Claim. Signed by Magistrate Judge William G. Hussmann, Jr., on 4/12/2010. (NRN) (Entered: 04/13/2010)

April 12, 2010

April 12, 2010

PACER
32

Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr.: Attorney Conference Call held on 4/13/2010. The settlement conference set for 5/20/2010 10:00 AM is converted to a Telephonic Status Conference before Magistrate Judge William G. Hussmann, Jr. The 27 Motion to Allow Plaintiffs to Appear by Telephone is DENIED, as moot, in light of the fact that the May 20th conference will no longer be held as a settlement conference. At the May 20th status conference, counsel shall advise the Magistrate Judge if the parties would agree to a resolution of this lawsuit under the terms and conditions as explained in this Entry. (NRN) (Entered: 04/16/2010)

April 16, 2010

April 16, 2010

PACER

ORDER denying as moot 27 Motion. Signed by Magistrate Judge William G. Hussmann, Jr., on 4/16/2010. (NRN)

April 16, 2010

April 16, 2010

PACER
33

RESPONSE to Motion re 28 MOTION to Dismiss Randall Royer and His Claim, filed by Plaintiffs ENAAM ARNAOUT, RANDALL T ROYER. (Falk, Kenneth) (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

PACER
34

STATUS REPORT Concerning Exhaustion of Remedies by Proposed Plaintiff Lindh by ENAAM ARNAOUT, RANDALL T ROYER. (Falk, Kenneth) (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

PACER
35

Submission Proposed Order in Support of Motion to Dismiss, Dkt. #28, filed by Defendant WARDEN. (Kieper, Thomas) (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

PACER
36

ORDER granting, without prejudice defendant's 28 Motion to Dismiss Randall Royer from this cause because Court lacks jurisdiction; Randall Royer's claim is dismissed. Signed by Judge Larry J. McKinney on 5/26/2010. cm (NKD) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER
37

Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Status Conference held on 5/20/2010. Telephonic Status Conference set for 11/8/2010 09:30 AM before Magistrate Judge William G. Hussmann Jr. (SMD) (Entered: 05/28/2010)

May 28, 2010

May 28, 2010

PACER
38

Reassignment of Case to Judge Jane Magnus-Stinson. Judge Larry J. McKinney no longer assigned to the case. Please include the new case number (2:09-cv-00215-JMS-WGH), which includes the initials of the newly assigned judge, on all future filings in this matter. (TRG) (Entered: 06/16/2010)

June 16, 2010

June 16, 2010

PACER
39

ORDER granting 13 Motion to Amend/Correct complaint; plaintiff may file Amended Complaint within three days; Defendant shall answer or respond within 20 days thereafter; Court notes parties have dicussed issue of exhaustion [dkt 34], Parties ORDERED to meet and confer about a briefing schedule for class certification (taking into account whether any additional discovery need to be performed) as well as any other issues that may need to be addressed; If parties can agree to briefing schedule, they must file proposal by July 7, 2010. If they cannot reach agreement by that time, they should request, by the same deadline, a telephone conference with the Magistrate Judge, who will issue an appropriate schedule under the circumstances. Signed by Judge Jane Magnus-Stinson on 6/28/2010. (VS) (Entered: 06/29/2010)

June 28, 2010

June 28, 2010

PACER
40

AMENDED COMPLAINT against WARDEN, filed by ENAAM ARNAOUT, John Lindh. (Attachments: # 1 Exhibit Arnaout grievances, # 2 Exhibit Lindh grievances)(Falk, Kenneth) (Entered: 06/29/2010)

1 Exhibit Arnaout grievances

View on PACER

2 Exhibit Lindh grievances

View on RECAP

June 29, 2010

June 29, 2010

PACER
41

NOTICE Accompanying Plaintiffs' Filing of Amended Class Action Complaint for Declaratory and Injunctive Relief, filed by Plaintiffs ENAAM ARNAOUT, John Lindh (Falk, Kenneth) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
42

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff John Lindh. (Falk, Kenneth) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
43

MOTION for approval of -Briefing Schedule and Status Report, filed by Plaintiffs ENAAM ARNAOUT, John Lindh. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) Modified on 7/6/2010 (NRN). (Entered: 07/02/2010)

1 Text of Proposed Order

View on PACER

July 2, 2010

July 2, 2010

PACER
44

ORDER Approves 43 Motion for approval of briefing schedule and stauts report; ORDERED Plaintiffs are to file motion for class certification and supporting memorandum no later than 07/09/10; Defendant will file its response memorandum no later than 08/30/10; Plaintiffs will file any reply memorandum no later than 17 days after the defendant files her response memorandum. Signed by Judge Jane Magnus-Stinson on 7/7/2010. (VS) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
45

MOTION to Certify Class, filed by Plaintiffs ENAAM ARNAOUT, JOHN LINDH. (Falk, Kenneth) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
46

BRIEF/MEMORANDUM in Support re 45 MOTION to Certify Class, filed by Plaintiffs ENAAM ARNAOUT, JOHN LINDH. (Attachments: # 1 Exhibit Church deposition, # 2 Exhibit Aranaout Declaration, # 3 Exhibit Bilal Affidavit, # 4 Exhibit Chandia Affidavit, # 5 Exhibit Twitty Affidavit, # 6 Exhibit Carr Affidasvit, # 7 Exhibit Haouari Affidavit, # 8 Exhibit Dhafir Affidavit)(Falk, Kenneth) (Entered: 07/08/2010)

1 Exhibit Church deposition

View on PACER

2 Exhibit Aranaout Declaration

View on PACER

3 Exhibit Bilal Affidavit

View on PACER

4 Exhibit Chandia Affidavit

View on PACER

5 Exhibit Twitty Affidavit

View on PACER

6 Exhibit Carr Affidasvit

View on PACER

7 Exhibit Haouari Affidavit

View on PACER

8 Exhibit Dhafir Affidavit

View on PACER

July 8, 2010

July 8, 2010

PACER
47

ANSWER Defendant's Answer to Plaintiffs' Amended Complaint and Defendant's Affirmative Defenses, filed by Defendant WARDEN. (Kieper, Thomas) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
48

Joint MOTION to Amend/Correct Case Management Plan, filed by Defendant WARDEN. (Attachments: # 1 Text of Proposed Order)(Kieper, Thomas) (Entered: 08/05/2010)

1 Text of Proposed Order

View on PACER

Aug. 5, 2010

Aug. 5, 2010

PACER
49

ORDER granting 48 Motion to Amend Case Management Plan. Signed by Magistrate Judge William G. Hussmann, Jr on 8/9/2010. (SMD) (Entered: 08/09/2010)

Aug. 9, 2010

Aug. 9, 2010

PACER
50

MOTION for Extension of Time to August 30, 2010 to file for Summary Judgment, filed by Plaintiffs ENAAM ARNAOUT, JOHN LINDH, RANDALL T ROYER. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/16/2010)

1 Text of Proposed Order

View on PACER

Aug. 16, 2010

Aug. 16, 2010

PACER
51

ORDER granting 50 Motion for Extension of Time to File motion for summary judgment and supporting materials to 08/30/10. Signed by Judge Jane Magnus-Stinson on 8/17/2010. (VS) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

PACER
52

NOTICE of Appearance by William Lance McCoskey on behalf of Defendant WARDEN. (McCoskey, William) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER
53

Submission of Signature Requirement re 52 Notice of Appearance by WARDEN. (McCoskey, William) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

PACER
54

NOTICE of Filing Signature Pages for the Deposition of Harvey G. Church by ENAAM ARNAOUT, JOHN LINDH (Attachments: # 1 Deposition Signature Pages) (Falk, Kenneth) (Entered: 08/25/2010)

1 Deposition Signature Pages

View on PACER

Aug. 25, 2010

Aug. 25, 2010

PACER
55

MOTION for Summary Judgment, filed by Plaintiffs ENAAM ARNAOUT, JOHN LINDH. (Attachments: # 1 Exhibit Church deposition, # 2 Exhibit Admissions, # 3 Exhibit Supplemental Declaration-Lindh, # 4 Exhibit Declaration-Royer)(Falk, Kenneth) (Entered: 08/26/2010)

1 Exhibit Church deposition

View on PACER

2 Exhibit Admissions

View on PACER

3 Exhibit Supplemental Declaration-Lindh

View on RECAP

4 Exhibit Declaration-Royer

View on RECAP

Aug. 26, 2010

Aug. 26, 2010

PACER
56

BRIEF/MEMORANDUM in Support re 55 MOTION for Summary Judgment, filed by Plaintiffs ENAAM ARNAOUT, JOHN LINDH. (Falk, Kenneth) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
57

RESPONSE in Opposition re 45 MOTION to Certify Class, filed by Defendant WARDEN. (McCoskey, William) (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER
58

MOTION to Consolidate Cases, filed by Plaintiffs ENAAM ARNAOUT, JOHN LINDH. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/30/2010)

1 Text of Proposed Order

View on PACER

Aug. 30, 2010

Aug. 30, 2010

PACER
59

MOTION to Consolidate Cases -CORRECTED-, filed by Plaintiffs ENAAM ARNAOUT, JOHN LINDH. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/30/2010)

1 Text of Proposed Order

View on PACER

Aug. 30, 2010

Aug. 30, 2010

PACER
60

REPLY in Support of Motion re 45 MOTION to Certify Class, filed by Plaintiffs ENAAM ARNAOUT, JOHN LINDH. (Falk, Kenneth) (Entered: 09/07/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER
61

ORDER granting plaintiffs Arnaout and Lindh's 59 Motion to Consolidate Cases. The two cases are consolidated, for all purposes, and shall be captioned as specified in this Entry. Clerk shall docket this Entry in Cause No. 2:10-cv-00175 and close Cause No. 2:10-cv-00175. Signed by Judge Jane Magnus-Stinson on 9/09/2010. (Service by US mail) (NKD) (Entered: 09/10/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
62

MOTION to Dismiss Enaam Arnaout, filed by Plaintiffs ENAAM ARNAOUT, BRIAN CARR, JOHN LINDH. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/16/2010)

1 Text of Proposed Order

View on PACER

Sept. 16, 2010

Sept. 16, 2010

PACER
63

ORDER granting plaintiffs' 62 Motion to Dismiss Enaam Arnaout from this case. Enaam Arnaout is dismissed from this action. Signed by Judge Jane Magnus-Stinson on 9/17/2010. (NKD) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

PACER
64

NOTICE Concerning Status of Plaintiff Brian Carr as Class Representative, filed by Plaintiffs BRIAN CARR, JOHN LINDH (Falk, Kenneth) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
65

Unopposed MOTION for Extension of Time to November 9, 2010 to file response to 55 MOTION for Summary Judgment, filed by Defendant WARDEN. (Attachments: # 1 Text of Proposed Order)(Kieper, Thomas) (Entered: 09/21/2010)

1 Text of Proposed Order

View on PACER

Sept. 21, 2010

Sept. 21, 2010

PACER
66

ORDER granting 65 Motion for Extension of Time to File Response re 55 MOTION for Summary Judgment. Defendant shall have through November 9, 2010, to file his response to Plaintiffs motion for summary judgment, and to file a summary judgment in favor of defense in this cause. Plaintiffs shall have through December 7, 2010, to respond to Defendants summary judgment and to reply in support of their summary judgment. Defendant shall have until December 22, 2010, to reply to Plaintiffs response to its summary judgment motion. Signed by Judge Jane Magnus-Stinson on 9/22/2010. (NKD) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

PACER
67

ORDER denying Plaintiff's 45 Motion to Certify Class. Plaintiffs have not sufficiently defined a class and have failed to establish numerosity, their Motion to Certify the Class, 45, is DENIED. Plaintiffs have until December 3, 2010 to move to join additional inmates whose affidavits were submitted as evidence for class certification if those individuals seek to be named plaintiffs in this case. (See Order for Details) Signed by Judge Jane Magnus-Stinson on 11/8/2010. (NKD) (Entered: 11/09/2010)

Nov. 8, 2010

Nov. 8, 2010

PACER
68

MOTION for Summary Judgment and Response In Opposition to Plaintiffs' Motion for Summary Judgment, filed by Defendant WARDEN. (Kieper, Thomas) (Entered: 11/09/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER
69

Appendix of Exhibits in Support of Motion re 68 MOTION for Summary Judgment and Response In Opposition to Plaintiffs' Motion for Summary Judgment, filed by Defendant WARDEN. (Attachments: # 1 Exhibit 1- Decl. of H. Church, # 2 Exhibit 2-Decl. of D. Holston, # 3 Exhibit 3 - Decl. of F. Coleman & att. Notice to Inmate, # 4 Exhibit 4 - Decl. of S. Harvey, # 5 Exhibit 5 - Decl. of C. Lockett, # 6 Exhibit 6- Decl. of H. Marberry, # 7 Exhibit 7 - Decl. of A. Amonette & att. CV, # 8 Exhibit 8 -Decl. of L. Smith & atts. 1 - 3, # 9 Exhibit 8 - att. 4 -Terroist Recruitment, # 10 Exhibit 8 - att. 5 - Review of Religious Srvs., # 11 Exhibit 9 - Decl. of C. Gonzalez)(Kieper, Thomas) (Entered: 11/09/2010)

1 Exhibit 1- Decl. of H. Church

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2 Exhibit 2-Decl. of D. Holston

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3 Exhibit 3 - Decl. of F. Coleman & att. Notice to Inmate

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4 Exhibit 4 - Decl. of S. Harvey

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5 Exhibit 5 - Decl. of C. Lockett

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6 Exhibit 6- Decl. of H. Marberry

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7 Exhibit 7 - Decl. of A. Amonette & att. CV

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8 Exhibit 8 -Decl. of L. Smith & atts. 1 - 3

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9 Exhibit 8 - att. 4 -Terroist Recruitment

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10 Exhibit 8 - att. 5 - Review of Religious Srvs.

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11 Exhibit 9 - Decl. of C. Gonzalez

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Nov. 9, 2010

Nov. 9, 2010

PACER
70

MOTION for Leave to File Oversized Brief, filed by Defendant WARDEN. (Attachments: # 1 Att. 1 - Resp. to Plt. MSJ and Memo in Support of Cross-MSJ, # 2 Text of Proposed Order)(Kieper, Thomas) (Entered: 11/09/2010)

1 Att. 1 - Resp. to Plt. MSJ and Memo in Support of Cross-MSJ

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2 Text of Proposed Order

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Nov. 9, 2010

Nov. 9, 2010

PACER
71

ORDER (See order for more details) parties motions for summary judgment, [dkts. 55; 68], are DENIED as premature without prejudice to refile pursuant to this Order, and the Wardens Motion for Leave to File an Oversized Brief, [dkt. 70], is DENIED as moot. Signed by Judge Jane Magnus-Stinson on 11/12/2010. (VS) (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
72

TRIAL PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (VS) (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
73

Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr.: Status Conference held on 11/8/2010. Status Conference set for 4/22/2011 09:30 AM Telephonic before Magistrate Judge William G. Hussmann, Jr. (NRN) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
74

MOTION to Vacate Deadline for Final Witness and Exhibit Lists and to Modify Case Management Deadlines (AGREED), filed by Plaintiffs BRIAN CARR, JOHN LINDH. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 11/19/2010)

1 Text of Proposed Order

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Nov. 19, 2010

Nov. 19, 2010

PACER
75

ORDER granting Agreed 74 Motion to Vacate Deadline The current deadline of November 23, 2010, for the filing of final witness and exhibit lists is vacated. In the event that plaintiffs file a motion to amend the complaint and in the event that this is approved by the Court, that within thirty (30) days of the pleadings being closed that the parties shall file an amended case management plans specifying dates for: Disclosure of expert witnesses. Filing of final witness and exhibit lists. Completion of Discovery (if new parties are added). Filing of dispositive motions. In the event that plaintiffs do not join parties and move to amend the complaint, the time to file the final witness and exhibit list is extended to thirty (30) days after the expiration of the joinder deadline established by the Court. Signed by Judge Jane Magnus-Stinson on 11/22/2010. (NKD) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
76

MOTION to Amend/Correct Second Amended Complaint to Join Additional Plaintiffs, filed by Plaintiffs BRIAN CARR, JOHN LINDH. (Attachments: # 1 Proposed Am. Complaint, # 2 Exhibit 1- Seecond Am. Compl, # 3 Exhibit 2-Second Am. Compl, # 4 Exhibit 3-Second Am. Compl, # 5 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/01/2010)

1 Proposed Am. Complaint

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2 Exhibit 1- Seecond Am. Compl

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3 Exhibit 2-Second Am. Compl

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4 Exhibit 3-Second Am. Compl

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5 Text of Proposed Order

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Dec. 1, 2010

Dec. 1, 2010

PACER
77

BRIEF/MEMORANDUM in Support re 76 MOTION to Amend/Correct Second Amended Complaint to Join Additional Plaintiffs, filed by Plaintiffs BRIAN CARR, JOHN LINDH. (Falk, Kenneth) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
78

RESPONSE in Opposition re 76 MOTION to Amend/Correct Second Amended Complaint to Join Additional Plaintiffs, filed by Defendant WARDEN. (Attachments: # 1 Supplement Attachment 1 Declaration of T. Myers)(Kieper, Thomas) (Entered: 12/14/2010)

1 Supplement Attachment 1 Declaration of T. Myers

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Dec. 14, 2010

Dec. 14, 2010

PACER
79

MOTION for Extension of Time to January 17, 2011 to file reply to 76 MOTION to Amend/Correct Second Amended Complaint to Join Additional Plaintiffs so that Relevant Documents may be Reviewed, filed by Plaintiffs BRIAN CARR, JOHN LINDH. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/17/2010)

1 Text of Proposed Order

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Dec. 17, 2010

Dec. 17, 2010

PACER
80

ORDER granting 79 Motion for Extension of Time to File Reply to 1/17/2011 re 76 MOTION to Amend/Correct Second Amended Complaint to Join Additional Plaintiffs. Signed by Magistrate Judge William G. Hussmann, Jr., on 12/20/2010. (NRN) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
81

Amended MOTION to Amend/Correct File Substituted Second Amended Complaint to Join Additional Plaintiff, filed by Plaintiffs BRIAN CARR, JOHN LINDH. (Attachments: # 1 Proposed amended complaint, # 2 Ex 1 to proposed amended complaint, # 3 Ex. 2 to proposed amended complaint, # 4 Ex. 3 to proposed amended complaint, # 5 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/07/2011)

1 Proposed amended complaint

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2 Ex 1 to proposed amended complaint

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3 Ex. 2 to proposed amended complaint

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4 Ex. 3 to proposed amended complaint

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5 Text of Proposed Order

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Jan. 7, 2011

Jan. 7, 2011

PACER
82

BRIEF/MEMORANDUM in Support re 81 Amended MOTION to Amend/Correct File Substituted Second Amended Complaint to Join Additional Plaintiff, filed by Plaintiffs BRIAN CARR, JOHN LINDH. (Falk, Kenneth) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
83

REPLY in Support of Motion re 76 MOTION to Amend/Correct Second Amended Complaint to Join Additional Plaintiffs (Reply Concerning Motion), filed by Plaintiffs BRIAN CARR, JOHN LINDH. (Falk, Kenneth) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
84

ENTRY (Marginal) - 76 Motion is denied as moot in light of docket 81. JMS, DJ, 1/18/11(NKD) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
85

ORDER - Plaintiffs, having filed their Amended Motion to file Substituted Second Amended Complaint to Join Additional Plaintiffs (Doc No. 81), and Court having read Motion and being duly advised, finds that good cause exists to grant it. IT IS THEREFORE ORDERED that Second Amended Complaint for Declaratoryand Injunctive Relief submitted with Amended Motion to File Substituted Second Amended Complaint may be filed by plaintiffs within three days of this Order. Defendant shall answer or otherwise respond within twenty days thereafter. Signed by Judge Jane Magnus-Stinson on 1/25/2011. (NKD) (Entered: 01/25/2011)

Jan. 25, 2011

Jan. 25, 2011

PACER
86

AMENDED COMPLAINT (Second) for Declaratory and Injunctive Relief against WARDEN, filed by BRIAN CARR, JOHN LINDH, Ali Asad Chandia. (Attachments: # 1 Exhibit Lindh grievances, # 2 Exhibit Carr grievances, # 3 Exhibit Chandia grievances)(Falk, Kenneth) (Entered: 01/25/2011)

1 Exhibit Lindh grievances

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2 Exhibit Carr grievances

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3 Exhibit Chandia grievances

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Jan. 25, 2011

Jan. 25, 2011

PACER
87

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff Ali Asad Chandia. (Falk, Kenneth) (Entered: 01/25/2011)

Jan. 25, 2011

Jan. 25, 2011

PACER
88

ANSWER to Plaintiffs' Second Amended Complaint and Defendant's Affirmative Defenses, filed by Defendant WARDEN. (Kieper, Thomas) (Entered: 01/28/2011)

Jan. 28, 2011

Jan. 28, 2011

PACER
89

MOTION to Amend Case Management Plan, filed by Plaintiffs BRIAN CARR, Ali Asad Chandia, JOHN LINDH (Attachments: # 1 Text of Proposed Order) (Falk, Kenneth) Modified on 2/24/2011 (NKD). (Entered: 02/23/2011)

1 Text of Proposed Order

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Feb. 23, 2011

Feb. 23, 2011

PACER
90

ORDER granting 89 Motion to Amend/Correct Case Management Plan. Signed by Magistrate Judge William G. Hussmann, Jr on 2/24/2011. (SMD) (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
91

Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr.: Status Conference held on 4/22/2011. Status Conference set for 11/15/2011 09:30 AM Telephonic before Magistrate Judge William G. Hussmann, Jr. (NRN) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
93

NOTICE of Serving Expert Witness Disclosure, filed by Defendant WARDEN (Kieper, Thomas) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
94

Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge William G. Hussmann, Jr no longer assigned to the case. Please include the new case number (2:09-cv-00215-JMS-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (NKD) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
95

SCHEDULING ENTRY: This telephone status conference currently scheduled for Tuesday, November 15, 2011 at 9:30 a.m. is hereby VACATED. This matter is set for a telephone status conference on Monday, August 1, 2011 at 3:00 p.m. The purpose of this conference is to discuss case status. Counsel shall attend the conference by calling the phone number to be provided by the court in an email. Signed by Magistrate Judge Mark J. Dinsmore on 6/2/2011.(NKD) (Entered: 06/03/2011)

June 2, 2011

June 2, 2011

PACER
96

Unopposed MOTION for Extension of Time to August 30, 2011 for Filing of Dispositive Motions, filed by Plaintiffs BRIAN CARR, Ali Asad Chandia, JOHN LINDH. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/06/2011)

1 Text of Proposed Order

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June 6, 2011

June 6, 2011

PACER
97

ORDER - Plaintiffs, having filed their 96 Unopposed Motion to Extend Deadlines for Filing of Dispositive Motions, and the Court having read the Motion, and being duly advised, finds that good cause exists to grant it, and, IT IS THEREFORE ORDERED that the deadlines for the filing of dispositive motions be extended as follows: Plaintiffs to file their motion for summary judgment and supporting material no later than July 1, 2011. Defendant to file his cross-motion for summary judgment and supporting material combined with her response in opposition to plaintiffs' motion no later than thirty-one days after plaintiffs' filing. Plaintiffs to file their reply in support of their motion combined with their response in opposition to the cross-motion no later than thirty-one days after defendant's filing. Defendant to file his reply in support of cross-motion for summary judgment no later than 17 days after plaintiffs' filing. Signed by Judge Jane Magnus-Stinson on 6/7/2011. (NKD) Modified on 6/8/2011 (NKD). (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
98

Amended MOTION for Extension of Time to August 30, 2011 to File Dispositive Motions (Unopposed), filed by Plaintiffs BRIAN CARR, Ali Asad Chandia, JOHN LINDH. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/07/2011)

1 Text of Proposed Order

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June 7, 2011

June 7, 2011

PACER
99

ORDER granting 98 Motion to extend deadlines for filing of Dispositive Motions; Plaintiffs to file their motion for summary judgment and supporting material no later than August 30, 2011 Defendant to file his cross-motion for summary judgment and supporting material combined with her response in opposition to plaintiffs motion no later than thirty-one days after plaintiffs' filing. Plaintiffs to file their reply in support of their motion combined with their response in opposition to the cross-motion no later than thirty-one days after defendants filing Defendant to file his reply in support of cross-motion for summary judgment no later than 17 days after plaintiffs' filing. Signed by Judge Jane Magnus-Stinson on 6/8/2011. (VS) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
100

MOTION for Continuance Telephone Status Conference, filed by Plaintiffs BRIAN CARR, Ali Asad Chandia, JOHN LINDH. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/22/2011)

1 Text of Proposed Order

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July 22, 2011

July 22, 2011

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 18, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Muslim inmate refused sufficient time to pray as a group

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal Correctional Institute (Terra Haute, IN), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2013 - 0

Content of Injunction:

Discrimination Prohibition

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run