Case: Carr v. Federal Bureau of Prisons

2:14-cv-00001 | U.S. District Court for the Southern District of Indiana

Filed Date: Jan. 3, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 3, 2014, Muslim prisoners filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiffs sued the Federal Bureau of Prisons (BOP) for failing to provide certified halal meals to the prisoners. Represented by private counsel, the plaintiffs alleged that the failure to provide a halal-certified diet was a violation of the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1(c) and a violation of the Fifth Amendments' equal protection requir…

On January 3, 2014, Muslim prisoners filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiffs sued the Federal Bureau of Prisons (BOP) for failing to provide certified halal meals to the prisoners. Represented by private counsel, the plaintiffs alleged that the failure to provide a halal-certified diet was a violation of the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1(c) and a violation of the Fifth Amendments' equal protection requirement.

The prisoners' Religious Diet Program provided kosher meals, however the meat in kosher meals was not slaughtered according to Islamic law, and furthermore had the tendency to be contaminated by alcohol and other products forbidden under Islamic law. Prisoners were also offered a "no-pork" or "no-flesh" alternative meal plan, however these too were susceptible to contamination by products forbidden under Islamic law. Prisoners had the option of purchasing food through the commissary, however there were very few halal-certified products, and prisoners were unable to afford such products. As a result, the prisoners had to violate their religion in order to survive.

The Federal Bureau of Prisons' Religious Diet Program originated after a 1980 lawsuit filed by Muslim inmates seeking access to halal meals. In response to that suit, in 1984 the BOP voluntarily instituted the Modified Common Fare Religious Diet Program, which would be free of pork and pork derivatives, free of contamination, and would include at least three hot entrees a week to accommodate the religious diet needs of the Muslim and Jewish inmates. See Al Shakir v. Carlson, 605 F. Supp. 374, 375 (M.D. Penn. 1984). Although some halal meals were served at different facilities after 1984, at some point the Federal Bureau of Prisons abandoned the Modified Common Fare Religious Diet Program in favor of a Religious Diet Program called the Certified Processed Foods Program, which consisted of individual sealed trays of pre-prepared kosher-certified meals. The Religious Diet Program meals were not certified as halal.

The plaintiffs alleged that the defendant's failure to provide the plaintiffs with meals that conformed to their religious beliefs placed a substantial burden on their religious exercise, a violation of the Religious Freedom Restoration Act, which did not further a compelling government interest. The plaintiffs also alleged that the defendant's failure to provide them with halal meals violated the Equal Protection clause of the Fifth Amendment.

The plaintiffs sought declaratory relief and an injunction requiring the defendant to provide the plaintiffs with a halal-certified diet that conformed to their religious beliefs. They also asked for attorney's fees.

The parties engaged in discovery for several years. On October 11, 2016, the plaintiffs filed a motion for a preliminary injunction to prevent the defendants from denying Plaintiffs access to halal-certified meals with meat that accord with their religious beliefs.

On October 28, 2016, the defendants filed a motion to dismiss the claims of three plaintiffs for lack of jurisdiction. The defendants argued that their claims were moot because they had been moved the Federal Correctional Complex in Terre Haute and had not requested to be placed in the BOP's Certified Religious Diet Program.

On July 28, 2017, following additional discovery, the plaintiffs filed, and the court granted, a motion for leave to supplement their preliminary injunction with material factual information that had been unavailable to them at the time of the initial briefing in late 2016.

On September 19, 2017, Judge Lawrence ruled on all of the pending motions. He denied the defendants' motion to dismiss and denied the plaintiffs' motion for preliminary injunction as moot. Judge Lawrence then ordered the parties to present all of their arguments in summary judgment briefs.

In late 2017, both parties filed cross motions for summary judgment. On September 19, 2018, Judge Lawrence denied both parties' motions for summary judgment.

After several months of discovery, the plaintiffs filed a motion to dismiss for lack of jurisdiction and a second motion for summary judgment on June 1, 2019. After a status conference held by phone, the parties reported that they had made progress in their settlement negotiations, and requested the defendants' pending motions be dismissed without prejudice.

On June 2, 2020, the parties stipulated a dismissal in this case. They filed a settlement agreement with the court on September 2, 2020 which guaranteed the plaintiffs access to a Halal diet meeting accreditation and nutritional standards during the duration of their current incarceration with the BOP as long as they did not violate any general rule or condition of the Religious Diet Program. Specifically, the defendant agreed that the Halal diet would offer the provision of Halal meat no fewer than seven times per week. The defendant also agreed to keep records regarding the Halal diet and to furnish them to the plaintiffs upon request.

Along with the settlement agreement, the plaintiffs filed a motion for attorneys' fees, which was referred to Magistrate Judge Mark Dinsmore and remains pending before the court.

Summary Authors

Rachel June-Graber (2/22/2016)

Eva Richardson (10/14/2018)

Alex Moody (4/11/2020)

Rachel Harrington (4/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4266711/parties/carr-v-federal-bureau-of-prisons/


Judge(s)

Dinsmore, Mark. J. (Indiana)

Hussmann, William G. Jr. (Indiana)

Lawrence, William T. (Indiana)

Attorneys(s) for Plaintiff

Appel, Carolyn (New York)

Carr, Brian L. (California)

Crenshaw, Mark (California)

Garagiola, Meredith N. (District of Columbia)

Garcia, Bradley N. (District of Columbia)

Gill, Matthew C. (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Judge(s)

Dinsmore, Mark. J. (Indiana)

Hussmann, William G. Jr. (Indiana)

Lawrence, William T. (Indiana)

Attorneys(s) for Plaintiff

Appel, Carolyn (New York)

Carr, Brian L. (California)

Crenshaw, Mark (California)

Garagiola, Meredith N. (District of Columbia)

Garcia, Bradley N. (District of Columbia)

Gill, Matthew C. (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Hammack, Scott M. (New York)

Kent, Tron (California)

Leviss, David J. (District of Columbia)

Love, Lindsey R. (District of Columbia)

McDermott, John P. (District of Columbia)

Meals, Darcy M. (District of Columbia)

Thorn, Jessica L. (District of Columbia)

Wilson, John (California)

Zaslavsky, Sergei (District of Columbia)

Attorneys(s) for Defendant

Kieper, Thomas E (Indiana)

Woods, Shelese M. (Indiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 13, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

Jan. 3, 2014 Complaint
18

Amended Complaint for Injunctive and Declaratory Relief and Attorneys' Fees

Carr v. Samuels

June 13, 2014 Complaint
338-3

Settlement Agreement and Release

Carr v. Carvajal

Sept. 2, 2020 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4266711/carr-v-federal-bureau-of-prisons/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

Jan. 3, 2014 RECAP
2

Notice of Appearance

Jan. 3, 2014 PACER
3

Magistrate Judge's Notice of Availability to Exercise Jurisdiction

Jan. 8, 2014 PACER
4

Summons Issued

Jan. 8, 2014 PACER
5

Entry

Jan. 17, 2014 PACER
6

Motion (Other)

1 Text of Proposed Order

View on PACER

Jan. 29, 2014 PACER
7

Affidavit

1 Affidavit

View on PACER

2 Affidavit

View on PACER

3 Affidavit

View on PACER

4 Affidavit

View on PACER

5 Affidavit

View on PACER

6 Affidavit

View on PACER

Jan. 29, 2014 PACER
8

Order on Motion

Jan. 30, 2014 PACER
9

Notice of Appearance

March 18, 2014 PACER
10

Motion for Extension of Time to File Answer

1 Text of Proposed Order

View on PACER

March 18, 2014 PACER
11

Order on Motion for Extension of Time to Answer

March 20, 2014 PACER
12

Motion (Other)

1 Text of Proposed Order

View on PACER

April 8, 2014 PACER
13

Order on Motion

April 9, 2014 PACER
14

Motion to Dismiss

May 27, 2014 PACER
15

Brief/Memorandum in Support of Motion

May 27, 2014 PACER
16

Submission

1 Exhibit 1 - Declaration of Tiffany De La Cruz

View on PACER

2 Exhibit 2 - Declaration of Sarah Allison-Armstrong

View on PACER

May 27, 2014 PACER
17

Answer

May 27, 2014 PACER
18

Amended Complaint

1 Certificate of Service

View on PACER

June 13, 2014 RECAP
19

Answer to Amended Complaint

June 30, 2014 PACER
20

Scheduling Order

July 3, 2014 PACER
22

Case Management Plan Tendered by

July 25, 2014 PACER
23

Order: Case Management

July 28, 2014 PACER
24

Motion to Appear pro hac vice

1 Exhibit Exhibit A - Certification

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

Sept. 26, 2014 PACER
25

Notice of Service of Initial Disclosures

Sept. 26, 2014 PACER
26

Notice of Service of Initial Disclosures

Sept. 26, 2014 PACER
27

Receipt

Sept. 29, 2014 PACER
28

Order on Motion to Appear pro hac vice

Sept. 30, 2014 PACER
29

Witness List

Nov. 13, 2014 PACER
30

Motion to Appear pro hac vice

1 Exhibit A - Certification

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

Nov. 13, 2014 PACER
31

Motion to Appear pro hac vice

1 Exhibit A - Certification

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

Nov. 13, 2014 PACER
32

Motion to Appear pro hac vice

1 Exhibit A - Certification

View on PACER

2 Text of Proposed Order

View on PACER

Nov. 13, 2014 PACER
33

Receipt

Nov. 24, 2014 PACER
34

Receipt

Nov. 24, 2014 PACER
35

Receipt

Nov. 24, 2014 PACER
36

Order on Motion to Appear pro hac vice

Nov. 24, 2014 PACER
37

Order on Motion to Appear pro hac vice

Nov. 24, 2014 PACER
38

Order on Motion to Appear pro hac vice

Nov. 24, 2014 PACER
39

Status Conference

Dec. 8, 2014 PACER
41

Status Conference

Feb. 4, 2015 PACER
43

Status Conference

May 15, 2015 PACER
45

Scheduling Order

July 24, 2015 PACER
47

Status Conference

July 29, 2015 PACER
49

Notice of Withdrawal of Appearance

Aug. 10, 2015 PACER
50

Motion to Appear pro hac vice

1 Affidavit Certification of Jessica Thorn

View on PACER

2 Text of Proposed Order

View on PACER

Sept. 25, 2015 PACER
51

Motion to Appear pro hac vice

1 Affidavit Certification of Darcy Meals

View on PACER

2 Text of Proposed Order

View on PACER

Sept. 25, 2015 PACER
52

Motion to Appear pro hac vice

1 Affidavit Certification of Bradley N. Garcia

View on PACER

2 Text of Proposed Order

View on PACER

Sept. 25, 2015 PACER
53

Receipt

Sept. 29, 2015 PACER
54

Receipt

Sept. 29, 2015 PACER
55

Receipt

Sept. 29, 2015 PACER
56

Order on Motion to Appear pro hac vice

Oct. 2, 2015 PACER
57

Order on Motion to Appear pro hac vice

Oct. 2, 2015 PACER
58

Order on Motion to Appear pro hac vice

Oct. 2, 2015 PACER
59

Settlement Conference

Oct. 6, 2015 PACER
61

Motion for Extension of Time

1 Text of Proposed Order

View on PACER

Jan. 29, 2016 PACER
62

Reassignment Letter for Judge Hussmann cases

Feb. 1, 2016 PACER
63

Order on Motion for Extension of Time to File

Feb. 5, 2016 PACER
64

Scheduling Order

Feb. 17, 2016 PACER
66

Status Conference

March 3, 2016 PACER
67

Order

March 3, 2016 PACER
68

Motion for Protective Order

1 Stipulated Protective Order

View on PACER

2 Text of Proposed Order

View on PACER

March 16, 2016 PACER
69

Protective Order

March 21, 2016 PACER
70

Notice of Appearance

April 25, 2016 PACER
71

Motion to Withdraw

1 Text of Proposed Order

View on PACER

April 25, 2016 PACER
72

Order on Motion to Withdraw

April 27, 2016 PACER
74

Status Conference

May 5, 2016 PACER
76

Status Conference

July 6, 2016 RECAP
77

Notice of Withdrawal of Appearance

Aug. 5, 2016 PACER
79

Status Conference

Aug. 24, 2016 PACER
80

Notice (Other)

1 Exhibit 1, Smith Decl.

View on PACER

Aug. 29, 2016 PACER
81

Scheduling Order

Sept. 12, 2016 PACER
83

Status Conference

Sept. 23, 2016 PACER
84

SEALED Motion (Case Participants - doc)

Oct. 11, 2016 PACER
85

Motion to Seal Document/Maintain Document Under Seal

1 Text of Proposed Order

View on PACER

Oct. 11, 2016 PACER
86

Motion (Other)

Oct. 11, 2016 PACER
87

SEALED Motion (Case Participants - doc)

Oct. 12, 2016 PACER
88

SEALED Document (Case Participants - doc)

1 Exhibit A - Garcia Declaration Part 1

View on PACER

2 Exhibit Garcia Declaration Part 2

View on PACER

3 Exhibit B - Moosa Declaration

View on PACER

4 Exhibit C - Carr Declaration

View on PACER

5 Exhibit D - Crenshaw Declaration

View on PACER

6 Exhibit E - Kent Declaration

View on PACER

7 Exhibit F - Wilson Declaration

View on PACER

8 Exhibit G - Maqbul Declaration

View on PACER

Oct. 12, 2016 PACER
90

Status Conference

Oct. 19, 2016 PACER
91

Order

Oct. 20, 2016 PACER
92

Discovery Conference

Oct. 20, 2016 PACER
94

Motion to Appear pro hac vice

1 Exhibit Exhibit A - Certification

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

Oct. 21, 2016 PACER
95

Receipt

Oct. 26, 2016 PACER
96

Order on Motion to Appear pro hac vice

Oct. 27, 2016 PACER
100

Status Conference

Oct. 27, 2016 PACER
97

Motion to Dismiss/Lack of Jurisdiction

1 Exhibit 1, Kugler Decl.

View on PACER

2 Exhibit A, Carr admin remedy

View on PACER

3 Exhibit B, Carr admin remedy 2

View on PACER

4 Exhibit C, Crenshaw admin remedy

View on PACER

5 Exhibit D, Wilson admin remedy

View on PACER

6 Exhibit E, Kent admin remedy

View on PACER

7 Exhibit F, Wilson removal

View on PACER

8 Exhibit 2, Stiltner Decl.

View on PACER

9 Exhibit A, Certified Halal Menu

View on PACER

Oct. 28, 2016 PACER
98

Brief/Memorandum in Support

Oct. 28, 2016 PACER
99

Response in Opposition to Motion

1 Exhibit 1, Kugler Decl.

View on PACER

2 Exhibit A, Carr admin remedy

View on PACER

3 Exhibit B, Carr admin remedy 2

View on PACER

4 Exhibit C, Crenshaw admin remedy

View on PACER

5 Exhibit D, Wilson admin remedy

View on PACER

6 Exhibit E, Kent admin remedy

View on PACER

7 Exhibit F, Wilson removal

View on PACER

8 Exhibit 2, Stiltner Decl.

View on PACER

9 Exhibit A, Certified Halal Menu

View on PACER

10 Exhibit 3, Cannon Decl.

View on PACER

11 Exhibit 4, BOP PS Acquisitions

View on PACER

12 Exhibit 5, Rigsby Decl.

View on PACER

Oct. 28, 2016 PACER
101

Motion for Extension of Time

1 Text of Proposed Order

View on PACER

Nov. 3, 2016 PACER
103

Order on Motion for Extension of Time to File

Nov. 3, 2016 PACER
104

Notice (Other)

Nov. 7, 2016 PACER
105

Status Conference

Nov. 9, 2016 PACER
106

Response in Opposition to Motion

1 Exhibit A-Garcia Declaration

View on PACER

2 Exhibit B-Carr Supplemental Declaration

View on PACER

Nov. 17, 2016 PACER
107

Reply in Support of Motion

1 Exhibit H-Garcia Declaration Part 1

View on PACER

2 Exhibit H-Garcia Declaration Part 2

View on PACER

3 Exhibit I-Carr Supplemental Declaration

View on PACER

Nov. 17, 2016 PACER
108

Motion for Extension of Time to File Reply

1 Text of Proposed Order

View on PACER

Nov. 28, 2016 PACER
109

Order on Motion for Extension of Time to File Reply

Nov. 29, 2016 PACER
110

SEALED Motion (Case Participants - doc)

Nov. 30, 2016 PACER
111

SEALED Document (Case Participants - doc)

1 Exhibit A - Garcia Declaration

View on PACER

Nov. 30, 2016 PACER
112

Motion to Seal Document/Maintain Document Under Seal

Nov. 30, 2016 PACER
113

SEALED Motion (Case Participants - doc)

1 Text of Proposed Order

View on PACER

Dec. 1, 2016 PACER
114

Motion to Seal Document/Maintain Document Under Seal

1 Text of Proposed Order

View on PACER

Dec. 1, 2016 PACER
115

Scheduling Order

Dec. 1, 2016 PACER

State / Territory: Indiana

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 3, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Muslim prisoners in the federal prison system.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Justice (Washington, DC), Federal

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Conditions of confinement

Food service / nutrition / hydration

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run