Case: Rouser v. White

2:93-cv-00767 | U.S. District Court for the Eastern District of California

Filed Date: May 7, 1993

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 7, 1993, a Wiccan prisoner incarcerated by the California Department of Corrections since 1979 filed a lawsuit against prison officials in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act, and California state law. The plaintiff, represented pro se and sometimes by private counsel, asked the court for injunctive relief and damages, claiming that the prison officials had violated his right to fr…

On May 7, 1993, a Wiccan prisoner incarcerated by the California Department of Corrections since 1979 filed a lawsuit against prison officials in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act, and California state law. The plaintiff, represented pro se and sometimes by private counsel, asked the court for injunctive relief and damages, claiming that the prison officials had violated his right to freedom of religion. Specifically, the prisoner claimed that officials failed to accommodate his practice of the Wiccan religion by denying him access to Tarot cards and his Witches Bible while in segregation.

On March 31, 1995, the District Court (Judge Lawrence K. Karlton) granted the prisoner's motion for summary judgment as to his free exercise claim but denied the motion in all other respects. Also, Judge Karlton granted the defendants' motion for summary judgment in all respects other than the claims regarding tarot cards and the denial of the Witches Bible while in administrative segregation. Judge Karlton issued a preliminary injunction requiring the defendants to allow the prisoner to have tarot cards for religious rituals, but the prisoner's request for injunctive relief was denied in all other respects.

The United States intervened for the limited purpose of defending the constitutionality of the Religious Freedom Restoration Act, and both the prisoner and the prison officials moved for summary judgment. The prisoner also moved for a preliminary injunction.

On October 28, 1996, Judge Karlton denied the parties' motions for summary judgment and the prisoner's motion for preliminary injunction. Judge Karlton held that (1) even if the Act provided greater federal protection for exercise of religion than currently provided under First Amendment case law, its adoption fell within Congress' power to enact legislation to enforce the Fourteenth Amendment. Therefore the Act was constitutional, and material issues of fact as to the sincerity of the prisoner's religious beliefs precluded summary judgment for either party. Rouser v. White, 944 F. Supp. 1447 (E.D. Cal. 1996).

On February 12, 1997, the prisoner filed an amended complaint concerning his ability to practice his Wiccan religion from approximately 1990 to 1997 at California State Prison-Sacramento (CSP-Sac).

On May 6, 1997, Judge Karlton dismissed the prisoner's claims for money damages under the California Constitution and denied the defendants' motions to dismiss.

In November 1997, the parties settled. The terms of the settlement provided that the prisoner would have access to the Wiccan Bible and other religious materials even while housed in a Security Housing Unit or Administrative Segregation—which was consistent with policies and procedures regulating prisoners' access to religious articles. Additionally, the settlement agreed to permit a volunteer Wiccan spiritual advisor to conduct Wiccan services. On December 5, 1997, the court dismissed the case pursuant to the parties' private settlement.

However, in 2003, the prisoner notified the court that the defendants were not honoring the terms of the settlement. Therefore, on May 8, 2003, Judge Karlton remanded the case to the magistrate judge.

On December 17, 2003, Magistrate Judge Gregory G. Hollows found that the defendants were in compliance with the 1997 settlement agreement. However, on March 23, 2004, Judge Karlton adopted in part and rejected in part the magistrate judge's findings. Accordingly, Judge Karlton reopened the case pursuant to the Prison Litigation Reform Act, which provides that the only way for courts to enforce private settlement agreements is to reinstate civil proceedings. The prisoner's prior counsel withdrew and then in 2006 the prisoner's substituted counsel also withdrew.

On August 4, 2004, Magistrate Judge Hollows denied the defendants' motion to vacate the evidentiary hearing date set by the court. On August 17, 2004, Judge Karlton affirmed that decision.

On January 30, 2006, proceeding pro se, the prisoner filed a supplemental complaint which included claims regarding his ability to practice his Wiccan religion occurring at CSP-Sac from 1999 until his transfer to Mule Creek State Prison (MCSP) as well as his ability to practice his religion while at MCSP. The supplemental complaint named 26 new defendants. The defendants moved moved to dismiss the claims regarding the events occurring at CSP-Sac after 1999. The defendants also moved to stay this action pending a determination of a class of Wiccan/Pagain prisoners in McCollum v. California Department of Corrections, No. C-04-3339 CRB (N.D.Cal.).

On July 11, 2006, Magistrate Judge Gregory G. Hollows determined that it would be more efficient to sever the claims raised in the supplemental complaint, but for the injunctive relief claims regarding MCSP, and allow the plaintiff to proceed with these claims in a separate action. The jury trial in this action would then concern the plaintiff's claims for damages regarding the events occurring at CSP-Sac alleged in the operative amended complaint and his claims for injunctive relief regarding MCSP. Thus, the defendants' motion to dismiss the claims raised in the supplemental complaint was vacated. Magistrate Judge Hollows also found that the defendants' motion to stay was premature because the plaintiffs in McCollum had not yet moved for class certification. Rouser v. White, 2006 WL 1897125 (E.D. Cal. July 11, 2006). On September 27, 2006, Judge Karlton adopted the Magistrate Judge's findings and recommendations in full and denied the defendants' March 14, 2006 motion to stay. Rouser v. White, 2006 WL 2790525 (E.D. Cal. Sept. 27, 2006).

In June 2007, the prisoner was transferred to Pleasant Valley State Prison (PVSP). As a result, on June 20, 2007, Judge Karlton dismissed the prisoner's claim for injunctive relief as moot and ordered the jury trial date be rescheduled at the trial confirmation hearing.

On October 16, 2007, Magistrate Judge Hollows recommended that the prisoner's request for preliminary injunctive relief be denied in light of the upcoming jury trial where the issues were already set to be litigated. Rouser v. White, 2007 WL 3026639 (E.D. Cal. Oct. 16, 2007). On November 19, 2007, Judge Karlton adopted the findings and recommendations of the magistrate judge in full and denied the prisoner's September 26, 2007 motion for injunctive relief. Rouser v. White, 2007 WL 4149565 (E.D. Cal. Nov. 19, 2007).

On April 4, 2008, Judge Karlton dismissed the claims against defendants Gomez and White because the prisoner's only allegations against them appeared to be based on a theory of respondeat superior liability, which could not create a cause of action under 42 U.S.C. § 1983. Accordingly, the case would proceed to a court trial on the prisoner's claims for injunctive relief regarding PVSP, but not for his claims for damages regarding his inability to practice his Wiccan religion while housed at CSP-Sac from 1990-1997. Rouser v. White, 2008 WL 926615 (E.D. Cal. Apr. 4, 2008). The prisoner objected to this order and moved for reconsideration.

On June 30, 2008, Judge Karlton granted the prisoner's motion and the prisoner filed a second amended complaint with the assistance of counsel, which included the claims against White and Gomez. Rouser v. White, 2008 WL 2682687 (E.D. Cal. June 30, 2008).

On September 16, 2008, Judge Karlton denied the defendants' motion dismiss the prisoner's third and sixth causes of action. Rouser v. White, CIVS93-0767 LKK GGHP, 2008 WL 4283650 (E.D. Cal. Sept. 16, 2008). Shortly after, the prisoner filed a third amended complaint on September 23, 2008, bringing claims against four defendants: White and Gomez and, additionally, the Secretary of CDCR and the warden at PVSP. This complaint sued all defendants in their individual and official capacities, and the prisoner sought both damages and injunctive relief.

On May 14, 2009, this court granted in part and denied in part the defendants' motion for summary judgment. The motion was denied insofar as the prisoner sought injunctive relief. Specifically, the court concluded that there was a pattern of Constitutional violations sufficient to call into question the permanence of any changes defendants had voluntarily made now. Rouser v. White, 630 F. Supp. 2d 1165, 1180 (E.D. Cal. 2009).

On December 10, 2009, Judge Karlton granted the prisoner's motion to supplement his complaint to include claims for conduct occurring after he filed his third amended complaint, specifically retaliation. The prisoner sought to add three defendants to his complaint. The prisoner alleged that correctional counselors retaliated against his filing of grievances and litigation of this case by placing him in administrative segregation and then transferred him from PVSP to California State Prison Los Angeles County (LAC). The prisoner also added the warden of LAC as a defendant. Rouser v. White, 2009 WL 4884264 (E.D. Cal. Dec. 10, 2009).

On March 10, 2010, Judge Karlton denied the defendants' motion to dismiss the claim of retaliation asserted in the prisoner's fourth amended complaint. Judge Karlton held that the prisoner properly exhausted his administrative remedies and that the defendants were properly joined. Rouser v. White, 2010 WL 843764 (E.D. Cal. Mar. 10, 2010).

The prisoner then moved for a preliminary injunction and on April 15, 2010, Judge Karlton granted the motion as to most of the relief that the prisoner sought. The prisoner wanted to be allowed to obtain and maintain certain religious articles and to satisfy requirements with respect to his religious services. Rouser v. White, 707 F. Supp. 2d 1055 (E.D. Cal. 2010).

 

On May 18, 2010, the members of the Spotted Eagle Circle at LAC moved to intervene as a defendant in this action. They argued that the prisoner's request for preliminary injunction infringed upon the Constitutional rights of the Native American members of the Spotted Eagle Circle because part of the relief included allowing the prisoner access to a sweat lodge and fire pit used by the Native American inmates. The prisoner's use of the site would desecrate the site for the Native Americans. On May 24, 2010, Judge Karlton granted the motion to intervene and stayed enforcement of the preliminary injunction as it applied to the sweat lodge and fire pit.

On September 23, 2011, the parties submitted a joint notice and motion for an order approving settlement and transferring the venue to the Central District of California. The settlement agreement resolved the remaining claims and the change of venue to the transferee court would serve the convenience of the parties and witnesses, as well as the interests of justice during the compliance and enforcement of the settlement since he had been transferred. On October 17, 2011, the Spotted Eagle Circle filed a statement of non-opposition to the settlement agreement and the transfer of venue. On October 18, 2011, Judge Karlton approved the settlement and the motion to transfer venue.

On November 15, 2012, Judge R. Gary Klausner granted in part and denied in part the prisoner's motion to enforce the consent decree. Judge Klausner found support for only two of the prisoner's eight alleged violations: damage to his religious property when in the defendants' control and failure to follow proper prisoner appeals procedures.

On November 28, 2012, Judge Klausner denied the prisoner's motion for an injunction, evidentiary hearing, and sanctions because the prisoner failed to comply with the appeals process required by the consent decree.

On March 13, 2013, Judge Klausner granted the defendants' motion to vacate the October 18, 2011 order approving the settlement and dismissed the case with prejudice because the defendants had shown that they had substantially complied with the terms of the settlement agreement. The prisoner appealed, to the 9th Circuit.

On June 17, 2016, the 9th Circuit reversed the District Court's ruling and remanded the case for further proceedings. The 9th Circuit found that the District Court had committed numerous errors in vacating the consent decree and had abused its discretion. Specifically, the 9th Circuit cited the District Court's unwillingness to schedule evidentiary hearings, update the plaintiff's address in order to ensure he received the court's orders, and that they had employed the wrong legal standard in evaluating the consent decree. Additionally, the 9th Circuit found that the District Court had not provided meaningful relief after finding violations of the consent decree on the part of the defendant and as a result, encouraged non-compliance with the decree. 2016 WL 3361543.

On December 8, 2016, the plaintiff filed a motion for recusal of Judge Klausner citing the findings of the 9th Circuit and that he had filed a complaint against Judge Klausner which could cause bias sufficient for recusal. On December 15, 2016 Judge Wu denied the motion and ruled that filing a complaint was not sufficient grounds for a finding of bias. Additionally, if the 9th Circuit's ruling contained sufficient implication of bias on behalf of Judge Klausner the 9th Circuit would not have remanded the plaintiff's case back to him.

On March 26, 2018, the plaintiff filed a motion citing further violations of the consent decree. On August 6, 2018 the plaintiff filed a motion to bring attention to the court's bias against him and to have the court administer a polygraph examination upon him. On August 23, 2018, the plaintiff filed a motion for breach of contract and demand for trial. On September 13, 2018, the plaintiff filed a request for rulings on the two previous filings and an additional notice of breach of contract. On October 3, 2018, the plaintiff filed a notice of denial of religious sabbaths. On January 28, 2019, the plaintiff filed a notice of denial of Wiccan Services. On February 19, 2019, the plaintiff filed a motion for further breach of contract, and on April 24, 2019 an additional notice of denial of Wiccan services.

On April 30, 2019, Judge Klausner denied all motions filed by the plaintiff. The court found that the plaintiff had not exhausted his administrative remedies within the prison system in accordance with the consent decree, and as a result his motions were denied.

As of November 2019 the consent decree has not been vacated and this case is ongoing.

Summary Authors

Jessica Kincaid (7/7/2014)

Carter Powers Beggs (11/15/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5677987/parties/pc-rouser-v-white/


Judge(s)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Klausner, Gary (California)

Kozinski, Alex (California)

McDermott, John E. (California)

Attorneys(s) for Plaintiff

Backus, Kara (California)

Bates, Richard G (California)

Christian, Susan Dee (California)

Cook, Phillip Earl (California)

Hemple, Danielle Rachel (California)

Judge(s)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Klausner, Gary (California)

Kozinski, Alex (California)

McDermott, John E. (California)

Attorneys(s) for Plaintiff

Backus, Kara (California)

Bates, Richard G (California)

Christian, Susan Dee (California)

Cook, Phillip Earl (California)

Hemple, Danielle Rachel (California)

Riggs, Jennifer Lauren (California)

Wang, Lin (California)

White, Carter C. (California)

White [inactive], Carter Capps (California)

Wright, Jason C (California)

Attorneys(s) for Defendant

Acquisto, Stephen (California)

Angus, Michelle Leigh (California)

Buechsenschuetz, Gretchen K (California)

Carrillo, David A (California)

Flynn, James Edmund (California)

Foot, Jonathan T (District of Columbia)

Grabarsky, Todd (California)

Grunder, Frances T. (California)

Harris, Kamala D. (California)

Humes, James M. (California)

Irwin, Joshua Casey (California)

Lockyer, Bill (California)

Picciano, Constance Lee (California)

Ramsey, Samantha H. (California)

Tigno, Fiel D (California)

Wells, Carlotta (District of Columbia)

Wheeler, Joseph R. (California)

Other Attorney(s)

Radoff, Mark A (California)

Documents in the Clearinghouse

Document

2:93-cv-00767

Docket [PACER]

Feb. 13, 2012

Feb. 13, 2012

Docket

2:11-cv-09123

Docket [PACER]

U.S. District Court for the Central District of California

Oct. 24, 2019

Oct. 24, 2019

Docket
1

2:11-cv-09123

Complaint

May 7, 1993

May 7, 1993

Complaint
48

2:93-cv-00767

2:11-cv-09123

Order [Affirming and Denying Motions]

March 31, 1995

March 31, 1995

Order/Opinion
95

2:93-cv-00767

2:11-cv-09123

Order [After Hearing]

May 6, 1997

May 6, 1997

Order/Opinion
112

2:11-cv-09123

Notice of Private Settlement [Includes Settlement Agreement]

Dec. 5, 1997

Dec. 5, 1997

Settlement Agreement
122

2:11-cv-09123

Order [ Withdrawal of the referral is Vacated and Remanding case to Judge Gregory G. Hollows]

May 8, 2003

May 8, 2003

Order/Opinion
140

2:11-cv-09123

Order; Findings and Reccomendations

Dec. 17, 2003

Dec. 17, 2003

Order/Opinion
149

2:11-cv-09123

Order [Adopting Findings and Recommendations]

March 23, 2004

March 23, 2004

Order/Opinion
167

2:93-cv-00767

2:11-cv-09123

Order [Motion to vacate evidentiary hearing date]

Aug. 4, 2004

Aug. 4, 2004

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5677987/pc-rouser-v-white/

Last updated Jan. 19, 2023, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT to Honorable Lawrence K Karlton; Referred to Magistrate Gregory G Hollows; fee status request to proceed ifp; letter sent (old) (Entered: 05/07/1993)

May 7, 1993

May 7, 1993

3

NOTICE of submission of documents by plaintiff William Rouser; 1 completed summons, 4 completed USM forms, 4 copies of the complaint (old) (Entered: 06/25/1993)

June 23, 1993

June 23, 1993

4

ORDER by Magistrate Gregory G Hollows ORDERING: Clerk of Court to issue summons; Clerk to forward summons, instructions for service of process, copies of complaint, copies of this order, copies of order filed 6/14/93 to USM; USM to serve process, copy of this order and copy of 6/14/93 order upon each dft; w/in 60 days USM to file return of service for each dft; all mtns to be briefed; pltf advised of requirements for opposing mtn for summary judgment made by dfts; mtn supported by unsigned affidavits or declarations will be striken; Clerk to serve upon pltf copy of Local Rules (cc: all counsel) (old) (Entered: 07/16/1993)

July 16, 1993

July 16, 1993

5

RETURN OF SERVICE executed upon defendant Theo White, defendant E W Meads, defendant Jack R Reagan, defendant James Gomez on 8/19/93 (old) (Entered: 08/25/1993)

Aug. 24, 1993

Aug. 24, 1993

6

ANSWER by defendants and for jury demand (old) (Entered: 09/08/1993)

Sept. 7, 1993

Sept. 7, 1993

7

RESPONSE by plaintiff William Rouser to [6−1] deft's answer to complaint (old) (Entered: 09/28/1993)

Sept. 27, 1993

Sept. 27, 1993

8

DISCOVERY ORDER AND ORDER REQUIRING STATUS REPORT by Magistrate Gregory G Hollows GOVERNING discovery in this action and ORDERING pltf shall file status report within 30 days and defts status report due 15 days thereafter; parties are advised they may consent to trial by the Magistrate judge (cc: all counsel) (old) (Entered: 10/06/1993)

Oct. 6, 1993

Oct. 6, 1993

9

STATUS REPORT by plaintiff William Rouser (old) (Entered: 11/05/1993)

Nov. 4, 1993

Nov. 4, 1993

10

MOTION by plaintiff William Rouser for request for records of previous status of proceedings to this pending action (old) (Entered: 01/11/1994)

Jan. 10, 1994

Jan. 10, 1994

11

NOTICE OF MOTION AND MOTION by plaintiff William Rouser for time extension or leave of absence under showing of probable cause pursuant to FRCP Local Rule 142 and suppporting exhbits memorandum plus declaration of pltf (old) (Entered: 01/11/1994)

Jan. 10, 1994

Jan. 10, 1994

12

MEMORANDUM by plaintiff William Rouser in support of motion for time extension or leave of absence under showing of probable cause pursuant to FRCP Local Rule 142 [11−1] (old) (Entered: 01/11/1994)

Jan. 10, 1994

Jan. 10, 1994

13

MOTION by plaintiff William Rouser for court order for preferred legal status to use legal library at CA State Prison (old) (Entered: 01/13/1994)

Jan. 12, 1994

Jan. 12, 1994

14

SUGGESTION OF DEATH ON THE RECORD by defendants of Jack Reagan (old) (Entered: 02/15/1994)

Feb. 14, 1994

Feb. 14, 1994

15

ORDER by Magistrate Gregory G Hollows ORDERING: Pltf's status report [9−1], motion for court order for preferred legal status to use legal library at CA State Prison [13−1], motion for reords and motion for extension or leave of absence under showing of probable cause pursuant to FRCP Local Rule 142 [11−1], and motion for request for records of previous status of proceedings to this pending action [10−1] are STRICKEN; Due to pltf's injury, pltf is GRANTED 30 days within to file a status report which complies with the court's order of 10/6/93 (cc: all counsel) (old) (Entered: 03/01/1994)

March 1, 1994

March 1, 1994

16

STATUS REPORT by plaintiff William Rouser (old) (Entered: 03/23/1994)

March 22, 1994

March 22, 1994

17

STATUS REPORT by defendants (old) (Entered: 04/05/1994)

April 4, 1994

April 4, 1994

18

SCHEDULING ORDER Magistrate Gregory G Hollows ; Discovery to be completed 8/5/94; Plaintiff's pretrial statement DUE 12/23/94; Deft's pretrial statment DUE 1/6/95; Pretrial Conference SET 1/13/95 bef GGH ; Jury Trial SET 4/11/95 at 10:00 bef LKK (cc: all counsel) (old) (Entered: 04/22/1994)

April 22, 1994

April 22, 1994

19

MOTION by plaintiff William Rouser for order to take judicial notice (old) (Entered: 06/02/1994)

June 1, 1994

June 1, 1994

20

ORDER by Magistrate Judge Gregory G Hollows ORDERING: plaintiff's 3/22/94 status report [16−1] shall be STRICKEN; plaintiff's 6/1/94 motion to take judicial notice [19−1] is DENIED (cc: all counsel) (kb) (Entered: 06/22/1994)

June 22, 1994

June 22, 1994

21

REQUEST to refile status report by plaintiff William Rouser (old) (Entered: 07/14/1994)

July 14, 1994

July 14, 1994

22

MOTION to compel production of documents for defendant Meads by plaintiff William Rouser (old) (Entered: 08/09/1994)

Aug. 8, 1994

Aug. 8, 1994

23

NOTICE of submission of documents by plaintiff William Rouser of letter to DAG (old) (Entered: 08/09/1994)

Aug. 8, 1994

Aug. 8, 1994

LODGED Request for Extension of Time to File a Motion for Summary Judgment by defendants Theo White, E W Meads, Jack R Reagan, James Gomez (old) (Entered: 08/26/1994)

Aug. 25, 1994

Aug. 25, 1994

25

RESPONSE by defendants Theo White, E W Meads, Jack R Reagan, and James Gomez to motion to compel production of documents for defendant Meads by plaintiff William Rouser [22−1] (old) (Entered: 08/30/1994)

Aug. 29, 1994

Aug. 29, 1994

24

ORDER by Magistrate Judge Gregory G Hollows GRANTING request to file a status report [21−1] (cc: all counsel) (old) (Entered: 08/30/1994)

Aug. 30, 1994

Aug. 30, 1994

26

ORDER by Magistrate Judge Gregory G Hollows ORDERING: An additional period of time be allowed, to and including 11/22/94, to complete and file defendants' motion for summary judgment (cc: all counsel) (old) (Entered: 09/02/1994)

Sept. 2, 1994

Sept. 2, 1994

27

STATUS REPORT by plaintiff William Rouser (old) (Entered: 09/12/1994)

Sept. 12, 1994

Sept. 12, 1994

28

MOTION for summary judgment by plaintiff William Rouser (old) (Entered: 09/21/1994)

Sept. 21, 1994

Sept. 21, 1994

29

BRIEF by plaintiff William Rouser in support of Motion for summary judgment [28−1] (old) (Entered: 09/21/1994)

Sept. 21, 1994

Sept. 21, 1994

30

AFFIDAVIT of William Rouser in support of motion for summary judgment [28−1] (old) (Entered: 09/21/1994)

Sept. 21, 1994

Sept. 21, 1994

31

MOTION for court order to use the telephone by plaintiff William Rouser (old) (Entered: 09/23/1994)

Sept. 21, 1994

Sept. 21, 1994

32

REQUEST by plaintiff William Rouser for Habeas Corpus Ad Testificandum (old) (Entered: 09/23/1994)

Sept. 21, 1994

Sept. 21, 1994

33

REQUEST by plaintiff William Rouser for Habeas Corpus Ad Testificandum (old) (Entered: 09/23/1994)

Sept. 21, 1994

Sept. 21, 1994

LODGED request for extension of time by defendants to file opposition to plaintiff's motion for summary judgment and further briefing schedule (old) (Entered: 09/29/1994)

Sept. 28, 1994

Sept. 28, 1994

34

OBJECTION to defendants request for extension of time [0−0] to file opposition to plaintiff's motion for summary judgment (ndd) (Entered: 10/05/1994)

Oct. 4, 1994

Oct. 4, 1994

35

ORDER by Magistrate Judge Gregory G Hollows ORDERING: Defendants' request to extend their time to file opposition to plaintiff's motion for summary judgment and adopt the briefing schedule; Defendants motion for summary judgment and opposition to plaintiff's motion for sumamry judgment both must be filed by 11/22/94; Plaitniff's opposition to defendants' motion for summary judgment and reply to defendants' opposition to plaintiff's motion for summary judgment must be filed by 12/13/94; Defendant's reply to plaintiffs' opposition to defendants' motion for summary jdugment must be filed by 12/21/94 (cc: all

Oct. 14, 1994

Oct. 14, 1994

37

BRIEF by plaintiff William Rouser in support of preliminary injunction [36−1] (old) (Entered: 10/25/1994)

Oct. 21, 1994

Oct. 21, 1994

38

MOTION by defendant Theo White for summary judgment (old) Modified on 07/10/1995 (Entered: 11/23/1994)

Nov. 22, 1994

Nov. 22, 1994

39

OPPOSITION by plaintiff William Rouser to motion for summary judgment [38−1] (old) (Entered: 12/02/1994)

Dec. 1, 1994

Dec. 1, 1994

40

DEFENDANTS' REPLY to plaintiff's opposition to motion for summary judgment [38−1] (ndd) (Entered: 12/09/1994)

Dec. 8, 1994

Dec. 8, 1994

41

NOTICE by plaintiff William Rouser regarding writ of habeas corpus ad testificandum for Neland Mitchell (old) (Entered: 12/16/1994)

Dec. 15, 1994

Dec. 15, 1994

42

PROOF OF SERVICE by plaintiff William Rouser of pretrial statement and writo of habeas corpus ad testificandum (old) (Entered: 12/16/1994)

Dec. 15, 1994

Dec. 15, 1994

43

PRETRIAL STATEMENT from plaintiff William Rouser (old) (Entered: 12/16/1994)

Dec. 15, 1994

Dec. 15, 1994

LODGED request for extension of time to file pretrial statements by defendants (old) (Entered: 01/06/1995)

Jan. 4, 1995

Jan. 4, 1995

44

ORDER by Magistrate Judge Gregory G Hollows GRANTING lodged request for extension of time to file pretrial statements [0−0]; ORDERING: time for parties to file their pretrial statements EXTENDED pending an order on their respective motions for summary judgment and further order of the court (cc: all counsel) (old) (Entered: 01/12/1995)

Jan. 12, 1995

Jan. 12, 1995

45

ORDER AND FINDINGS AND RECOMMENDATIONS by Magistrate Judge Gregory G Hollows ORDERING: motion to compel production of documents by defendant Meads by plaintiff William Rouser [22−1] DENIED; RECOMMENDING: pltf's motion for summary judgment [28−1] be granted as to his free exercise claim concerning tarot cards and denied in all other respects; dfts' motion for summary judgment [38−1] be denied as to pltf's claim regarding tarot cards and denial of the Witches Bible while in administrative segregation, but granted in all other respects; pltf's motion for preliminiary injunction [36−1] be granted w/ respect to his request for tarot cards; w/i 30 days of the date of the district court's order, dfts be directed to implement a proceduer by which pltf may possess tarot cards when he intends to perform Wiccan rituals; pltf and dfts shall provide further briefing regarding the request for the Wiccan Bible as discussed above w/i 3o days of the date of this order; and pltf's request for injunctive relief be denied in all other respects ; any party may object w/i 20 days after service; any reply due w/i 10 days of service of objections (cc: all counsel) (old) Modified on 03/16/1995 (Entered: 03/16/1995)

March 16, 1995

March 16, 1995

46

BRIEF by plaintiff William Rouser concerning denial of witches bible for summary judgment decission as ordered (old) (Entered: 03/27/1995)

March 23, 1995

March 23, 1995

47

OBJECTIONS to magistrates findings and recommendations by plaintiff William Rouser [45−1] (old) (Entered: 03/27/1995)

March 23, 1995

March 23, 1995

48

ORDER by Honorable Lawrence K Karlton ADOPTING IN FULL findings and recommendations [28−1]; ORDERING: pltf's motion for summary judgment [28−1] GRANTED AS TO his free excercise claim concerning tarot cards and DENIED in all other respects; dfts' motion for summary judgment [38−1] is DENIED AS TO pltf's claim regarding tarot cards and denial of the Witches Bible while in administrative segregation, but GRANTED IN ALL OTHER RESPECTS; pltf's motion for preliminary injunction [36−1] GRANTED W/ RESPECT TO his request for tarot cards; dft shall implement a procedure by which pltf may possess tarot cards when he intends to perform Wiccan rituals w/i 30 days from the date of this order; pltf and dft shall provide further briefing regarding the request for the Wiccan Bible as discussed above w/i 30 days from the date of this order; and pltf's request for injunctive relief [36−1] DENIED IN ALL OTHER RESPECTS (cc: all counsel) (old) (Entered: 03/31/1995)

March 31, 1995

March 31, 1995

Clearinghouse
50

OBJECTIONS by defendant Theo White to Magistrate's Report and Recommendation filed 3/16/95 (old) (Entered: 04/07/1995)

April 5, 1995

April 5, 1995

LODGED request to vacate 3/31/95 order adopting findings and recommendations filed 3/16/95 by defendant Theo White, defendant E W Meads, defendant Jack R Reagan, defendant James Gomez (old) (Entered: 04/07/1995)

April 5, 1995

April 5, 1995

49

MINUTE ORDER in re to the Magistrate findings and recommendations in reference to defts motion for summary judgment; jury trial set for 4/11/95 has been VACATED ; AND trial will be RESET following disposition of deft's motion for summary judgment (cc: all counsel) (old) (Entered: 04/07/1995)

April 7, 1995

April 7, 1995

51

OPPOSITION by plaintiff William Rouser to defts' request to vacate Findings and Recommendations (old) (Entered: 04/17/1995)

April 13, 1995

April 13, 1995

52

ORDER by Honorable Lawrence K Karlton vacating Order adopting Findings and Recommendations [48−1]; Matter is referred to GGH (cc: all counsel) (old) (Entered: 04/21/1995)

April 21, 1995

April 21, 1995

53

SUPPLEMENT by defendants to the motion for summary judgment [38−1] (kb) (Entered: 05/24/1995)

May 23, 1995

May 23, 1995

54

NOTICE by defendants of change of address to 1300 I Street, Suite 1101, Sacramento, CA 95814 (ndd) (Entered: 05/30/1995)

May 25, 1995

May 25, 1995

55

ORDER by Magistrate Judge Gregory G Hollows ORDERING that the Dept of Justice shall file a notice of intervention within 3 weeks of service (cc: all counsel) (old) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

56

NOTICE by defendants regarding intervention by the United States (old) (Entered: 06/20/1995)

June 19, 1995

June 19, 1995

57

MOTION by defendant USA to intervene (old) (Entered: 07/12/1995)

July 11, 1995

July 11, 1995

58

MEMORANDUM by defendant USA in support of its motion to intervene [57−1] (old) (Entered: 07/12/1995)

July 11, 1995

July 11, 1995

59

ORDER by Magistrate Judge Gregory G. Hollows: That plaintiff and defendants are granted 15 days from the date of this order to file briefing addressing the 7/11/95 memorandum (cc: all counsel) (old) (Entered: 07/19/1995)

July 19, 1995

July 19, 1995

60

ORDER by Magistrate Judge Gregory G. Hollows DENYING motion for court order to use the telephone by plaintiff William Rouser [31−1] (cc: all counsel) (old) (Entered: 07/19/1995)

July 19, 1995

July 19, 1995

61

BRIEF in response to motion by defendant USA to intervene [57−1] by plt Rouser (ndd) (Entered: 08/03/1995)

Aug. 2, 1995

Aug. 2, 1995

62

RESPONSE by defendants James Gomez, Jack R Reagan, E W Meads and Theo White to motion by defendant USA to intervene [57−1] and points and authorities of the United States (kb) (Entered: 08/04/1995)

Aug. 3, 1995

Aug. 3, 1995

63

ORDER by Magistrate Judge Gregory G. Hollows GRANTING motion by defendant USA to intervene [57−1] REPORT AND RECOMMENDATION recommending that pltf is entitled to summary adjudication with respect to his specific claims on use of tarot cards and the Wiccan (Witches) Bible insofar as defts claims that they has a legitmate penological interest in denying pltf these tools of his religion ; objection due within twenty (20) days from the date of this order (cc: all counsel) (old) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

64

OBJECTIONS by plaintiff William Rouser to Report and Recommendation (old) (Entered: 03/25/1996)

March 21, 1996

March 21, 1996

65

OBJECTIONS by defts'James Gomez, Jack R Reagan, E W Meads, Theo White to Report and Recommendation (old) (Entered: 04/08/1996)

April 3, 1996

April 3, 1996

67

NOTICE by dfts of filing original signature page of dft Theo White's declaration to objections to findings and recommendations (kb) (Entered: 04/15/1996)

April 12, 1996

April 12, 1996

68

MEMORANDUM by defendants E W Meads, Jack R Reagan, James Gomez, USA, Theo White in support of objection to the magistrate judge's findings and recommendations [65−1] (old) (Entered: 04/19/1996)

April 18, 1996

April 18, 1996

69

NOTICE by plaintiff William Rouser of change of address to PO Box 7500 SHU Crescent City CA 95532 (old) (Entered: 04/26/1996)

April 24, 1996

April 24, 1996

70

REQUEST to file an amicus brief by ACLA (old) (Entered: 05/30/1996)

May 24, 1996

May 24, 1996

71

ORDER by Honorable Lawrence K. Karlton GRANTING ACLU until 6/24/96, in which to file an amicus curiae brief in the instant action filed 5/24/96 [70−1]; The Clerk is directed to serve a copy of this order upon Margaret C. Crobsy, American Civil Liberties Union, 1663 Mission Street, Suite 460, San Francisco, CA 94103; AND the consideration of the magistrate judge's pending findings and recommendations, pending the filing of the aforementioned brief by the ACLU [63−1], is DEFERRED (cc: all counsel) (old) (Entered: 05/30/1996)

May 30, 1996

May 30, 1996

72

REQUEST by defendants to reply to brief of amicus curiae (old) (Entered: 06/06/1996)

June 3, 1996

June 3, 1996

LODGED proposed Order GRANTING request for elave to file reply to amicus curiae brief by dfts Theo White, E W Meads, Jack R Reagan, James Gomez (old) (Entered: 06/06/1996)

June 3, 1996

June 3, 1996

73

ORDER by Honorable Lawrence K. Karlton GRANTING dft's request for leave to file a reply to the amicus brief of the American Civil Liberties Union; Good Cause Appearing, the request is GRANTED; the court hereby ORDERS dfts to file their reply brief, if any, on or before 7/26/96 (cc: all counsel) (old) (Entered: 06/07/1996)

June 7, 1996

June 7, 1996

LODGED Application to modify briefing schedule and Proposed Order by Amicus Curiae American Civil Liberties Union of Northern California (old) (Entered: 06/20/1996)

June 18, 1996

June 18, 1996

74

ORDER by Honorable Lawrence K. Karlton: ACLU's amicus curiae brief to be filed by 7/9/96; supplemental brief by pltf State and intervenor USA to be filed by 8/9/96; optional reply brief of all parties including ACLU DUE 8/23/96 (cc: all counsel) (old) (Entered: 06/20/1996)

June 20, 1996

June 20, 1996

75

AMICUS CURIAE BRIEF by American Civil in response to court Order [74−1] (old) (Entered: 07/10/1996)

July 9, 1996

July 9, 1996

76

RESPONSE by James Gomez, Jack R Reagan, Theo White, E W Meads to [75−1] (old) (Entered: 08/12/1996)

Aug. 9, 1996

Aug. 9, 1996

77

SUPPLEMENTAL MEMORANDUM of the United States in support of the constituttionality of the Religious Freedom Restoration Act (kdc) (Entered: 08/13/1996)

Aug. 9, 1996

Aug. 9, 1996

78

REPLY to supplemental memorandum of United States in support of constitutionality of religious freedom act by dfts Theo White, E W Meads, Jack R Reagan and James Gomez [77−1] (old) (Entered: 08/26/1996)

Aug. 23, 1996

Aug. 23, 1996

79

ENTRY OF ATTORNEY APPEARANCE for USA by Jonathan T Foot (old) (Entered: 08/27/1996)

Aug. 23, 1996

Aug. 23, 1996

80

REPLY MEMORANDUM by USA in support of constititionality of the Religion Freedom Restoration Act re: amicus curiae brief by American Civil Liberties Union [75−1] (old) (Entered: 08/27/1996)

Aug. 23, 1996

Aug. 23, 1996

81

REQUEST by plaintiff William Rouser for appointment of counsel and DECLARATION in support thereof (old) (Entered: 08/28/1996)

Aug. 27, 1996

Aug. 27, 1996

82

NOTICE by defendant USA of filing; dfts in the case submitted as an attachment to their dfts' response to Amicus Curiae Brief of American Liberties Union (filed 8/9/96), a copy of a petition for a Writ of Certiorari to the US Court of Appeals for the Fifth Circuit, in Flores v. City of Boerne, 73 F.3d 1352 (5th cir 1996); Intervenor USA hereby submits a copy of the Brief for the USA in opposition to that Petitioner for a Writ of Certiorari in Flores (old) (Entered: 08/29/1996)

Aug. 28, 1996

Aug. 28, 1996

83

ORDER by Honorable Lawrence K. Karlton: [63−1] the court will not adopt the FINDINGS AND RECOMMENDATION; pltf's and dfts' motions for summary judgment are DENIED; pltf's motion for preliminary injunction iS DENIED; the matter must be reserved for trial; the court is of the view that it is appropriate for it to retain the case for trial and WITHDRAWS the referral to Magistrate Judge Gregory G. Hollows ; APPOINTING Sue Christianson as counsel for pltf William Rouser ; status conference SET for 2pm on 12/9/96 in Chambers (cc: all counsel) (old) (Entered: 10/28/1996)

Oct. 28, 1996

Oct. 28, 1996

84

STATUS REPORT by plaintiff William Rouser (old) (Entered: 12/02/1996)

Nov. 29, 1996

Nov. 29, 1996

85

STATUS REPORT by dfts Jack R Reagan, James Gomez, Theo White, E Meads (old) (Entered: 12/05/1996)

Dec. 4, 1996

Dec. 4, 1996

86

SUGGESTION OF DEATH ON THE RECORD by defendant E W Meads (old) (Entered: 12/05/1996)

Dec. 4, 1996

Dec. 4, 1996

LODGED Stipulation to Continue Status Conference by plaintiff William Rouser (old) (Entered: 12/09/1996)

Dec. 6, 1996

Dec. 6, 1996

87

STIPULATION AND ORDER by Honorable Lawrence K. Karlton CONTINUING scheduling conference from 12/9/96 to 1:30pm on 1/13/97 (cc: all counsel) (old) (Entered: 12/10/1996)

Dec. 10, 1996

Dec. 10, 1996

89

MINUTES of status conference before Honorable Lawrence K Karlton: pretrial conference set for 1/20/98 at 2:30; jury trial set for 4/14/98 at 10:00; court order to follow (ljr) (Entered: 01/15/1997)

Jan. 13, 1997

Jan. 13, 1997

88

STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER by Honorable Lawrence K. Karlton ORDERED that discovery ddl set for 9/1/97; motion filing ddl set for 11/3/97; pretrial conference set for 2:30 1/20/98; jury trial set for 10:00 4/14/98 (cc: counsel) (ndd) (Entered: 01/15/1997)

Jan. 15, 1997

Jan. 15, 1997

90

FIRST AMENDED COMPLAINT [1−1] by plaintiff William Rouser (ljr) (Entered: 02/13/1997)

Feb. 12, 1997

Feb. 12, 1997

91

NOTICE OF MOTION AND MOTION to dismiss pursuant to FRCP 12(b)(1) by defendant James Gomez, Jack R Reagan, E W Meads, Theo White ; Hearing Set for 5/5/97 at 10:00am (old) (Entered: 03/10/1997)

March 7, 1997

March 7, 1997

92

ANSWER TO FIRST AMENDED COMPLAINT by defendants Gomez, Reagan, White and Meads; jury demand (old) (Entered: 03/10/1997)

March 7, 1997

March 7, 1997

93

MEMORANDUM by plaintiff William Rouser in opposition to dfts' motion to dismiss [91−1] (ch) (Entered: 04/22/1997)

April 21, 1997

April 21, 1997

94

DFTS' REPLY to plt's opposition to motion to dismiss pursuant to FRCP 12(b)(1) [91−1] (ndd) (Entered: 04/28/1997)

April 25, 1997

April 25, 1997

96

MINUTES of dft's motion to dismiss before Honorable Lawrence K. Karlton dft's motion to dismiss is DENIED; order to be prepared by the court (ljr) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

95

ORDER by Honorable Lawrence K. Karlton ORDERING pltf's claims for money damages under the California Constitution are DISMISSED; dfts' motion to dismiss pltf's fifth, sixth and seventh causes of action seeking declaratory and injunctive relief based on the CA Constitution is DENIED; dfts' motion to dismiss pltf's section 1983 claims for failure to exhaust is DENIED; and dfts' motion to dismiss pltf's surviving claims for damages for emotional distress is DENIED

May 6, 1997

May 6, 1997

Clearinghouse

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: May 7, 1993

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Wiccan prisoner incarcerated by the California Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

State law

Constitutional Clause(s):

Free Exercise Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Order Duration: 2011 - None

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Develop anti-discrimination policy

Reporting

Monitoring

Issues

General:

Administrative segregation

Conditions of confinement

Disciplinary segregation

Failure to train

Grievance procedures

Loss or damage to property

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run