Case: Basra v. Cate

2:11-cv-01676 | U.S. District Court for the Central District of California

Filed Date: Feb. 25, 2011

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On February 25, 2011, plaintiff, an inmate at the California Men's Colony Correctional Facility ("CMC") filed a lawsuit in the U.S. District Court for the Central District of California against the Secretary of the California Department of Corrections and Rehabilitation in his official capacity and the Warden of the California Men's Colony, in her official and individual capacities. The plaintiff, represented by the ACLU and private counsel, asked the court for preliminary and permanent injunct…

On February 25, 2011, plaintiff, an inmate at the California Men's Colony Correctional Facility ("CMC") filed a lawsuit in the U.S. District Court for the Central District of California against the Secretary of the California Department of Corrections and Rehabilitation in his official capacity and the Warden of the California Men's Colony, in her official and individual capacities. The plaintiff, represented by the ACLU and private counsel, asked the court for preliminary and permanent injunctive relief barring defendants from enforcing the CMC's grooming policy, claiming that the policy violated his rights under the Religious Land Use and Institutionalized Persons Act ("RLIUPA"). Specifically, the plaintiff claimed that as an individual who has practiced Sikhism his entire life, including adhering to the requirement of keeping Kesh by not shaving his beard or cutting his hair, the grooming policy and subsequent disciplinary sanctions violated his rights under RLIUPA.

The plaintiff filed motion for a preliminary injunction on March 3, 2011, which was continued throughout the case until settlement. On March 15, 2011, the United States of American filed a motion to intervene, pursuant to RLIUPA, which granted the United States the authority to intervene in or bring an action for injunctive or declaratory relief to enforce RLIUPA.

On May 15, 2013, the parties filed a stipulated agreement to dismiss the case. The stipulated agreement established that the defendants would not discipline plaintiff under Title 15 California Code of Regulations section 3062(h); that defendants would expunge the plaintiff's record of any discipline imposed for violations of this section, and that the defendants would eliminate the beard length restriction from section 3062(h). On June 5, 2011, the parties requested that the Court stay all proceedings until the defendants' counsel amended section 3062(h).

On May 18, 2012, the District Court (Judge Stephen V. Wilson) dismissed the case with prejudice, as a result of a stipulated dismissal between the parties.

Summary Authors

Christina Bonanni (10/18/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4146773/parties/sukhjinder-s-basra-v-matthew-cate/


Judge(s)

Wilson, Stephen Victor (California)

Attorneys(s) for Plaintiff

Dang, Harsimran Kaur (California)

Eliasberg, Peter J. (California)

Gordon, Jonathan Mark (California)

Hooks, Cassandra E (California)

Lerner, Leib Mitchell (California)

Mach, Daniel (District of Columbia)

Attorneys(s) for Defendant

Des Jardins, Michelle A (California)

Other Attorney(s)

Active

Active

Judge(s)

Wilson, Stephen Victor (California)

Attorneys(s) for Plaintiff

Dang, Harsimran Kaur (California)

Eliasberg, Peter J. (California)

Gordon, Jonathan Mark (California)

Hooks, Cassandra E (California)

Lerner, Leib Mitchell (California)

Mach, Daniel (District of Columbia)

Attorneys(s) for Defendant

Des Jardins, Michelle A (California)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Birotte, Andre Jr. (California)

Gunston, Emily A. (District of Columbia)

Harris, Kamala D. (California)

Johnson-Brooks, Emily (California)

Monteleone, Robyn-Marie L (California)

Mygatt, Timothy D (District of Columbia)

Perez, Thomas E. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Trepel, Samantha Kay (District of Columbia)

Weidman, Leon W. (California)

Documents in the Clearinghouse

Document

2:11-cv-01676

Docket [PACER]

May 18, 2012

May 18, 2012

Docket
1

2:11-cv-01676

Complaint

Basra v. Cates

Feb. 25, 2011

Feb. 25, 2011

Complaint
11

2:11-cv-01676

United States Motion to Intervene

March 15, 2011

March 15, 2011

Pleading / Motion / Brief
27

2:11-cv-01676

Complaint in Intervention Pursuant to Religious Land Use and Institutionalized Persons

Basra v Cate

April 18, 2011

April 18, 2011

Complaint
36

2:11-cv-01676

United States' Brief in Support of Plaintiff Sukhjinder S. Basra's Motion for a Preliminary Injunction

May 23, 2011

May 23, 2011

Pleading / Motion / Brief
40-1

2:11-cv-01676

Settlement Agreement

June 3, 2011

June 3, 2011

Settlement Agreement
43

2:11-cv-01676

Stipulation of Dismissal

May 15, 2012

May 15, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4146773/sukhjinder-s-basra-v-matthew-cate/

Last updated Aug. 7, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Matthew Cate, Terri Gonzalez(individual capacity), Terri Gonzalez(Warden of the California Mens Colony, in her official capacity). Case assigned to Judge Stephen V. Wilson for all further proceedings. Discovery referred to Magistrate Judge Fernando M. Olguin.(Filing fee $ 350:PAID), filed by plaintiff Sukhjinder S Basra.(ghap) (ds). (Entered: 02/28/2011)

Feb. 25, 2011

Feb. 25, 2011

RECAP
2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Sukhjinder S Basra. (ghap) (ds). (Entered: 02/28/2011)

Feb. 25, 2011

Feb. 25, 2011

PACER
3

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Daniel Mach for Plaintiff Sukhjinder S Basra. Your Pro Hac Vice application has not been received by the court. Please return you completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (ghap) (Entered: 02/28/2011)

Feb. 25, 2011

Feb. 25, 2011

PACER
4

First APPLICATION for attorney Daniel Mach to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by plaintiff Sukhjinder S Basra. (Attachments: # 1 Proposed Order)(Lerner, Leib) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

PACER
5

NEW CASE ORDER by Judge Stephen V. Wilson, (im) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

PACER
6

ORDER by Judge Stephen V. Wilson: granting 4 Application to Appear Pro Hac Vice by Attorney Daniel Mach on behalf of Plaintiff Sukhjinder S. Basra, designating Leib M. Lerner as local counsel. (lt) (Entered: 03/02/2011)

March 2, 2011

March 2, 2011

PACER
7

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: Violation of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. filed by Plaintiff Sukhjinder S Basra. Motion set for hearing on 4/4/2011 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Memorandum Of Points And Authorities In Support Of Plaintiff Sukhjinder S. Basra's Motion For A Preliminary Injunction, # 2 Declaration Of Sukhjinder S. Basra In Support Of Motion For Preliminary Injunction, # 3 Declaration Of Toni V. Bair In Support Of Plaintiff Sukhjinder S. Basra's Motion For A Preliminary Injunction, # 4 Declaration Of Professor Gurinder Singh Mann In Support Of Plaintiff Sukhjinder S. Basra's Motion For A Preliminary Injunction, # 5 Proposed Order Granting Plaintiff Sukhjinder S. Basra's Motion For A Preliminary Injunction)(Hooks, Cassandra) (Entered: 03/03/2011)

1 Memorandum Of Points And Authorities In Support Of Plaintiff Sukhjinder S. Basra

View on RECAP

2 Declaration Of Sukhjinder S. Basra In Support Of Motion For Preliminary Injuncti

View on RECAP

3 Declaration Of Toni V. Bair In Support Of Plaintiff Sukhjinder S. Basra's M

View on RECAP

4 Declaration Of Professor Gurinder Singh Mann In Support Of Plaintiff Sukhjinder

View on RECAP

5 Proposed Order Granting Plaintiff Sukhjinder S. Basra's Motion For A Prelim

View on PACER

March 3, 2011

March 3, 2011

PACER
8

EX PARTE APPLICATION to Continue Preliminary Injunction Hearing from April 4, 2011 to April 18, 2011 filed by Defendants Matthew Cate, Terri Gonzalez(individual capacity), Terri Gonzalez(Warden of the California Mens Colony, in her official capacity). (Attachments: # 1 Declaration of Michelle Des Jardins in Support of Ex Parte Application for Continuance of Preliminary Injunction Hearing, # 2 Proposed Order Granting Continuance)(Des Jardins, Michelle) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

PACER
9

OPPOSITION EX PARTE APPLICATION TO CONTINUE PRELIMINARY INJUNCTION HEARING re: EX PARTE APPLICATION to Continue Preliminary Injunction Hearing from April 4, 2011 to April 18, 2011 8 filed by Plaintiff Sukhjinder S Basra. (Attachments: # 1 Declaration of Peter J. Eliasberg)(Hooks, Cassandra) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

PACER
11

MOTION to Intervene filed by movant United States of America. Motion set for hearing on 4/25/2011 at 01:30 PM before Judge Stephen V. Wilson. Lodged order, complaint in intervention. (Attachments: # 1 lodged complaint in intervention)(lc) (Entered: 03/16/2011)

1 lodged complaint in intervention

View on RECAP

March 15, 2011

March 15, 2011

RECAP
12

NOTICE OF MOTION re MOTION to Intervene 11 set for 4/25/11 1:30 PM filed by Movant United States of America. (lc) (Entered: 03/16/2011)

March 15, 2011

March 15, 2011

PACER
13

MEMORANDUM in Support of MOTION to Intervene 11 filed by Movant United States of America. (lc) (Entered: 03/16/2011)

March 15, 2011

March 15, 2011

RECAP
10

ORDER GRANTING CONTINUANCE by Judge Stephen V. Wilson 8 . The Motion for Preliminary Injunction hearing is continued to 4-11-11 at 1:30 p.m. (im) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

PACER
14

STATEMENT of Non-Opposition To United States' MOTION to Intervene 11 filed by Plaintiff Sukhjinder S Basra. (Hooks, Cassandra) (Entered: 03/17/2011)

March 17, 2011

March 17, 2011

PACER
15

Joint STIPULATION to Continue Motion for Preliminary Injunction Hearing from April 11, 2011 at 1:30 p.m. to April 25, 2011 at 1:30 p.m. Re: MOTION for Preliminary Injunction re: Violation of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. 7 filed by Defendants Matthew Cate, Terri Gonzalez(individual capacity), Terri Gonzalez(Warden of the California Mens Colony, in her official capacity). (Attachments: # 1 Proposed Order Granting Two-Week Continuance of Motion for Preliminary Injunction)(Des Jardins, Michelle) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

PACER
16

ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 with JURY DEMAND filed by Defendants Matthew Cate, Terri Gonzalez(individual capacity), Terri Gonzalez(Warden of the California Mens Colony, in her official capacity).(Des Jardins, Michelle) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

PACER
17

PROOF OF SERVICE Executed by Plaintiff Sukhjinder S Basra, upon Defendant Matthew Cate served on 2/28/2011, answer due 3/21/2011. Service of the Summons and Complaint were executed upon Matthew Cate, Secretary of the CA Dept. of Corrections and Rehabilitation, in his official Capacity in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Hooks, Cassandra) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

PACER
18

PROOF OF SERVICE Executed by Plaintiff Sukhjinder S Basra, upon Defendant Terri Gonzalez(Warden of the California Mens Colony, in her official capacity) served on 3/1/2011, answer due 3/22/2011. Service of the Summons and Complaint were executed upon Terri Gonzalez, Warden of the California Men's Colony, in her official and individual capacities in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Hooks, Cassandra) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

PACER
19

ORDER RE: STATUS CONFERENCE by Judge Stephen V. Wilson. IT IS HEREBY ORDERED that a Status Conference be set for Monday, April 25, 2011 at 1:30 p.m. before the Honorable Stephen V. Wilson. The attorneys attending this conference MUST be those who are in charge of the conduct of the trial. Attendance is mandatory. (im) (Entered: 03/22/2011)

March 22, 2011

March 22, 2011

PACER
20

NOTICE filed by Plaintiff Sukhjinder S Basra. of Status Conference (Hooks, Cassandra) (Entered: 03/23/2011)

March 23, 2011

March 23, 2011

PACER
21

ORDER GRANTING TWO-WEEK CONTINUANCE OF MOTION FOR PRELIMINARY INJUNCTION by Judge Stephen V. Wilson 15 . The Court finds good cause to grant this continuance and order the hearing continued to April 25, 2011 at 1:30 pm. (im) (Entered: 03/24/2011)

March 23, 2011

March 23, 2011

PACER
22

Second STIPULATION to Continue Motion for Preliminary Injunction Hearing from April 25, 2011 at 1:30 p.m. to May 23, 2011 at 1:30 p.m. Re: MOTION for Preliminary Injunction re: Violation of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. 7 filed by Defendants Matthew Cate, Terri Gonzalez(individual capacity), Terri Gonzalez(Warden of the California Mens Colony, in her official capacity). (Attachments: # 1 Proposed Order Granting Continuance of Motion for Preliminary Injunction)(Des Jardins, Michelle) (Entered: 04/01/2011)

April 1, 2011

April 1, 2011

PACER
23

NOTICE OF NON-OPPOSITION to MOTION to Intervene 11 filed by Defendants Matthew Cate, Terri Gonzalez, Terri Gonzalez. (Des Jardins, Michelle) (Entered: 04/04/2011)

April 4, 2011

April 4, 2011

PACER
24

ORDER GRANTING CONTINUANCE OF MOTION FOR PRELIMINARY INJUNCTION by Judge Stephen V Wilson 22 . The Motion for Preliminary Injunction and Status Conference are continued to May 23, 2011 at 1:30 pm. (im) (Entered: 04/06/2011)

April 5, 2011

April 5, 2011

PACER
25

MINUTES (IN CHAMBERS) by Judge Stephen V. Wilson 11 . In light of Plaintiff's and Defendants' statements of non-opposition to the United States' motion to Intervene, the Motion is GRANTED. The hearing on the matter set for April 25, 2011 is VACATED. (im) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

PACER
26

NOTICE of Appearance filed by attorney Samantha K Trepel on behalf of Movant United States of America (Trepel, Samantha) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 25, 2011

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was an inmate practicing Sikhism at the California Men's Colony Correctional Facility.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Corrections and Rehabilitation (San Luis Obispo), State

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

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 42000

Order Duration: 2011 - 2012

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Affected Gender:

Male

Type of Facility:

Government-run