Case: Couch v. Jabe

7:05-cv-00642 | U.S. District Court for the Western District of Virginia

Filed Date: Oct. 17, 2005

Clearinghouse coding complete

Case Summary

On October 17, 2005, a Sunni Muslim incarcerated at Keen Mountain Correctional Center in Virginia filed this lawsuit, pro se, in the U.S. District Court for the Western District of Virginia. The plaintiff sued officers at the Virginia Department of Corrections (VDOC) and the Keen Mountain Correctional Center under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The plaintiff alleged violations of his rights under the First Amendment. Specifically, he alle…

On October 17, 2005, a Sunni Muslim incarcerated at Keen Mountain Correctional Center in Virginia filed this lawsuit, pro se, in the U.S. District Court for the Western District of Virginia. The plaintiff sued officers at the Virginia Department of Corrections (VDOC) and the Keen Mountain Correctional Center under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The plaintiff alleged violations of his rights under the First Amendment. Specifically, he alleged that during his Ramadan fast the defendants deprived him of adequate nutrition and calories in 2002 – 2004, when instead of providing a full 2,200 calories including two hot meals, the defendants only provided 1,000 calories of cold-bag meals. As a result, the plaintiff said he lost 13 pounds and had a diminished religious experience because he was constantly hungry. Additionally, the plaintiff alleged the defendants refused to permit him and other Muslims to conduct the Eid prayer service and Eid-al-Fitr feast to celebrate the completion of Ramadan. Lastly, the plaintiff alleged the loss of nutrition and calories violated his right to Equal Protection and Due Process in violation of the Fifth and Fourteenth Amendments. The plaintiff sought punitive damages of $545, declaratory relief, and injunctive relief requiring the defendants to revise the Ramadan menu to ensure all Ramadan fast participants received adequate nutrition and calories, the option for two hot meals, and the opportunity to participate in the Eid-al-Fitr Observance.

The parties consented to proceedings before a Magistrate Judge and the case was assigned to Judge Pamela Meade Sargent.

On January 12, 2006, the defendants filed a motion for summary judgment arguing the plaintiff’s claims should be dismissed because the plaintiff voluntarily fasted and was permitted to partake in the Eid-al-Fitr prayer service and feast at a different time than alleged in the complaint.

On February 9, 2006, the plaintiff filed a motion to supplement his pleadings with similar allegations against the defendants for Ramadan 2005, which occurred in October and November 2005. Judge Sargant granted the motion on February 22, 2006.

As the 2006 Ramadan fast approached, the defendants indicated there would be no changes to their Ramadan procedures. In response, on August 30, 2006, the plaintiff filed a motion for a preliminary injunction ordering the defendants to provide an amount of food equivalent to that provided to non-fasting prisoners. On the same day, the plaintiff filed a motion to appoint counsel, but Judge Sargent denied the request for counsel on September 8, 2006.

On September 22, 2006, the court issued two orders on the outstanding motions for summary judgement and for preliminary injunctive relief. In ruling on the motion for summary judgment, the court granted it in part and denied it in part. 479 F.Supp.2d 569. In a 53 page opinion, the court found that the 2002 claims were barred by the statute of limitations and that the plaintiff failed to exhaust his administrative remedies under the Prison Litigation Reform Act for some of the 2003, 2004, and 2005 claims. The court denied summary judgment to the defendants on the following claims, and ordered they be set for trial:

-First Amendment and RLUIPA claims that he was denied adequate nutrition and calories during Ramadan 2004 and the associated Due Process claim regarding this allegation;

-First Amendment and RLUIPA claims that he was denied the Eid-al-Fitr meal following Ramadan 2003 and 2005; and

- First Amendment and RLUIPA claims that he was deprived of the Eid-al-Fitr prayer service following Ramadan 2004.

In ruling on the motion for a preliminary injunction, the court granted the plaintiff's request and ordered the defendants to provide daily food containing approximately 2,200 calories, between sunset and dawn during the 2006 Ramadan period, beginning the next day. The court granted the preliminary injunction because the defendants did not present evidence to contradict the plaintiff’s claim that he suffered weight loss due to the reduced caloric intake during Ramadan and the same weight loss would likely happen during the 2006 Ramadan period. The court held that such weight loss was irreparable harm and the requested relief would not disrupt Keen Mountain food service.

On February 16, 2007, the parties participated in a settlement conference. On March 19, 2007, the parties reached an undisclosed settlement and moved for voluntary dismissal of the claims. Judge Sargent dismissed the case and the court retained jurisdiction to enforce the settlement agreement between the parties. The settlement agreement provided plaintiff a $2,250 cash payment and a change in policies surrounding the provision to allow prisoners to celebrate Muslim feasts and their yearly fasts. Prison officials agreed to determine dates for Ramadan in advance by mutual agreement with plaintiff and assistant of an expert from the Islamic Center of Virginia. Further, defendants agreed to not schedule a quarterly lockdown during the Ramadan period, unless emergency necessitated one.

The settlement did not proceed smoothly. On January 30, 2009, the plaintiff accused the defendants of acting in bad faith and not providing adequate food. However, the record does not indicate what, if any, actions the court or defendants took to address the new allegations.

Since there has been no activity on the docket for over ten years, the case is presumably now closed.

Summary Authors

Soojin Cha (1/27/2016)

Lisa Koo (3/10/2019)

Tiffany Chung (11/1/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4407810/parties/couch-v-jabe/


Judge(s)

Sargent, Pamela Meade (Virginia)

Attorneys(s) for Defendant

Muse, William W. (Virginia)

Judge(s)

Sargent, Pamela Meade (Virginia)

Attorneys(s) for Defendant

Muse, William W. (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 30, 2009 Docket
1

Complaint

Oct. 17, 2005 Complaint
21-1

Supplemental Pleadings

Feb. 9, 2006 Pleading / Motion / Brief
45

Order

Sept. 8, 2006 Order/Opinion
49

Memorandum Opinion

479 F.Supp.2d 569

Sept. 22, 2006 Order/Opinion
51

Opinion on Plaintiff's Motion for Preliminary Injunction

Sept. 22, 2006 Order/Opinion
50

Order dismissing motion for summary judgment in part

479 F.Supp.2d 569

Sept. 22, 2006 Order/Opinion
95

Notice to the Court of Bad Faith Actions by Defendant

Jan. 30, 2009 Correspondence

Resources

Title Description External URL

Pro Se Muslim Prisoner Reaches Religious Rights Settlement Agreement with Virginia Prison Officials

David M. Reutter

June 15, 2009 https://www.prisonlegalnews.org/news/2009/jun/15/pro-se-muslim-prisoner-reaches-religious-rights-settlement-8232agreement-with-virginia-prison-officials/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4407810/couch-v-jabe/

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

ECF Number Description Date Link
1

COMPLAINT pursuant to 42 U.S.C. 1983 against all defendants, filed by Willam R. Couch. (Attachments: # 1 Attachment to Complaint# 2 Exhibit A - L# 3 Exhibit M - U)(tvt)

1 Attachment to Complaint

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2 Exhibit A - L

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3 Exhibit M - U

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Oct. 17, 2005 RECAP
2

FINANCIAL AFFIDAVIT re; inmate account information by Willam R. Couch. (tvt)

Oct. 17, 2005 PACER
3

Order entered conditionally Filing this action; Assessing a filing fee of $ 250.00; Deferring all action in this case; Pltf is granted in forma pauperis; Pltf to return consent form within 20 days Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal re 1 Complaint . Signed by Judge Michael F. Urbanski on October 19, 2005. (eot )

Oct. 19, 2005 PACER
4

Consent to Fee by Plaintiff Willam R. Couch. (eot )

Oct. 25, 2005 PACER
5

Order entered Directing the Clerk to attempt service of process by mailing notice of waiver of service of summons and appropriate paperwork to each of the defts c/o Office of Attorney General . Signed by Judge Michael F. Urbanski on October 26, 2005. (eot )

Oct. 27, 2005 PACER
6

REQUEST FOR WAIVER of Service sent to John Gabe, et al. on October 27, 2005. Waiver of Service due by 11/28/2005. (eot )

Oct. 27, 2005 PACER
7

Certified Mail Receipt re Order, Request for Waiver and Peition sent to all defts c/o Office of Atty General (eot ) Modified on 10/27/2005 to state what was sent (eot, ).

Oct. 27, 2005 PACER
8

RETURN of service of Order, Waiver and Petition on October 28, 2005 upon c/o Office of Atty. General (eot )

Nov. 1, 2005 PACER
9

Letter by Willam R. Couch advising that Keen Mountain Correctional Center has changed its address to P.O. Box 860 Oakwood, Va 24631. (eot )

Nov. 7, 2005 PACER
10

WAIVER OF SERVICE Returned Executed by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin. John Jabe waiver sent on 10/27/2005, answer due 12/27/2005; Larry Huffman waiver sent on 10/27/2005, answer due 12/27/2005; Linda B. Shear waiver sent on 10/27/2005, answer due 12/27/2005; Kathleen Bassett waiver sent on 10/27/2005, answer due 12/27/2005; R. B. Phillips waiver sent on 10/27/2005, answer due 12/27/2005; Major K. Pickerel waiver sent on 10/27/2005, answer due 12/27/2005; Mike Oslin waiver sent on 10/27/2005, answer due 12/27/2005. (Muse, William)

Nov. 22, 2005 PACER
11

MOTION for Extension of Time to File Response/Reply by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin. (Muse, William)

Dec. 15, 2005 PACER
12

ORDER granting 11 Motion for Extension of Time to File Response; Responses due by 1/13/2006. Signed by Judge Michael F. Urbanski on December 19, 2005. (eot )

Dec. 19, 2005 PACER
13

MOTION for Summary Judgment by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin. (Muse, William)

Jan. 12, 2006 PACER
14

Brief / Memorandum in Support re 13 MOTION for Summary Judgment filed by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin. (Attachments: # 1 Affidavit Bassett - Exh. 1 (part 1 of 3)# 2 Affidavit Bassett - Exh. 1 (part 2 of 3)# 3 Affidavit Bassett - Exh. 1 (part 3 of 3)# 4 Affidavit Olsin - Exh. 2# 5 Affidavit Phillips - Exh. 3# 6 Affidavit Pickerel - Exh. 4# 7 Affidavit Shear - Exh. 5)(Muse, William)

1 Affidavit Bassett - Exh. 1 (part 1 of 3)

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2 Affidavit Bassett - Exh. 1 (part 2 of 3)

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3 Affidavit Bassett - Exh. 1 (part 3 of 3)

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4 Affidavit Olsin - Exh. 2

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5 Affidavit Phillips - Exh. 3

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6 Affidavit Pickerel - Exh. 4

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7 Affidavit Shear - Exh. 5

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Jan. 12, 2006 PACER
15

Roseboro Notice re Motion for summary judgment 13 (eot )

Jan. 13, 2006 PACER
17

CONSENT to Jurisdiction by US Magistrate Judge by Willam R. Couch, John Jabe. (eot ) (Entered: 02/02/2006)

Jan. 25, 2006 PACER
16

RESPONSE in Opposition re 13 MOTION for Summary Judgment filed by Willam R. Couch. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(eot )

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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Jan. 30, 2006 PACER
18

ORDER REASSIGNING CASE. Case reassigned to Judge Pamela Meade Sargent for all further proceedings. Judge James C. Turk no longer assigned to case. Signed by Judge James C. Turk on February 2, 2006. (eot )

Feb. 7, 2006 PACER
19

Letter by Willam R. Couch. (eot )

Feb. 8, 2006 PACER
20

Letter sent to William Couch with copy of brief. (Attachments: # 1 Copy of Brief in Opposition to Defendants Motion for Summary Judgment)(eot )

1 Copy of Brief in Opposition to Defendants Motion for Summary Judgment

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Feb. 8, 2006 PACER
21

MOTION to Supplement Pleadings re 1 by Willam R. Couch. (Attachments: # 1 Supplemental Pleadings# 2 Exhibit I# 3 Exhibit II # 4 Exhibit III # 5 Exhibit IV# 6 Exhibit V# 7 Exhibit VI # 8 Exhibit VII # 9 Exhibit VIII# 10 Exhibit IX # 11 Letter/Envelope)(eot )

1 Supplemental Pleadings

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2 Exhibit Exhibit I

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3 Exhibit II

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4 Exhibit Exhibit III

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5 Exhibit Exhibit IV

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6 Exhibit Exhibit V

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7 Exhibit Exhibit VI

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8 Exhibit Exhibit VII

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9 Exhibit Exhibit VIII

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10 Exhibit Exhibit IX

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11 Letter/Envelope

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Feb. 9, 2006 PACER
22

Letter by Willam R. Couch. (eot )

Feb. 9, 2006 PACER
23

Letter sent to William Couch. (eot )

Feb. 9, 2006 PACER
24

ORDER directing the defendants to respond to plaintiff's Motion to Supplement Pleadings within 10 days of the date of entry of this Order. Signed by Judge Pamela Meade Sargent on 2/10/06. (Bordwine, Robin)

Feb. 10, 2006 PACER
25

Response re 24 Order Response To The Court's February 10, 2006, Order filed by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin. (Muse, William)

Feb. 21, 2006 PACER
26

MINUTE ORDER granting 21 Motion to Supplement Pleadings and ordering Clerk's Office to file supplemental pleading attached to motion as supplemental complaint. Defendants shall file responsive pleadings within 20 days. Signed by Judge Pamela Meade Sargent on 2/22/06. (Sargent, Pamela)

Feb. 22, 2006 PACER
27

Objections to Motion for enlargement of time by Plaintiff Willam R. Couch re 25 (eot )

Feb. 28, 2006 PACER
28

Letter by Willam R. Couch. (eot )

March 27, 2006 PACER
29

ORDER regarding Order on Motion to Amend/Correct, 26 Responses due by 4/4/2006. Signed by Judge Pamela Meade Sargent on 3/28/06. (eps, )

March 28, 2006 PACER
30

Brief / Memorandum in Support re 13 MOTION for Summary Judgment (Supplemental) filed by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin. (Attachments: # 1 Affidavit R. Sandifer - Exhibit I# 2 Affidavit Kathleen Bassett - Exhibit 2# 3 Affidavit Louis B. Cei - Exhibit 3)(Muse, William)

1 Affidavit R. Sandifer - Exhibit I

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2 Affidavit Kathleen Bassett - Exhibit 2

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3 Affidavit Louis B. Cei - Exhibit 3

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March 29, 2006 PACER
31

"MOTION to Strike Defendants' response to supplemental pleadings," re: 25 Response by Willam R. Couch. (Attachments: # 1 cover letter and envelope)(kab)

1 cover letter and envelope

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March 31, 2006 PACER
32

Response re 30 Supplemental Brief filed by Willam R. Couch. (Attachments: # 1 Exhibit A)(eot )

1 Exhibit A

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April 10, 2006 PACER
33

Letter by Willam R. Couch requesting copy of docket report. (eot )

April 11, 2006 PACER
34

DEMAND for Trial by Jury by Willam R. Couch. (kab)

April 14, 2006 PACER
35

NOTICE of Change of Address by Willam R. Couch. New address: Keen Mountain Correctional Center Post Office Box 860 Oakwood, Va 24631-0860 (eot )

May 4, 2006 PACER
36

Letter by Willam R. Couch. (tvt)

July 7, 2006 PACER
37

Letter by Willam R. Couch. (tvt)

July 21, 2006 PACER
38

Letter by Willam R. Couch. (eot )

Aug. 17, 2006 PACER
39

Docket sheet sent to William Couch on 8/17/06. (eot )

Aug. 17, 2006 PACER
40

MOTION for Preliminary Injunction by Willam R. Couch. (kab)

Aug. 30, 2006 PACER
41

Brief / Memorandum in Support re 40 MOTION for Preliminary Injunction filed by Willam R. Couch. (kab)

Aug. 30, 2006 PACER
42

AFFIDAVIT in Support re 40 MOTION for Preliminary Injunction filed by Willam R. Couch. (kab)

Aug. 30, 2006 PACER
43

MOTION to Appoint Counsel by Willam R. Couch. (Attachments: # 1 cover letter and envelope)(kab )

1 cover letter and envelope

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Aug. 30, 2006 PACER
44

MOTION to Post Security for Preliminary Injunction by Willam R. Couch. (tvt)

Sept. 6, 2006 PACER
45

ORDER denying 43 Motion to Appoint Counsel . Signed by Judge Pamela Meade Sargent on 9/8/06. (eps, )

Sept. 8, 2006 PACER
46

ORDER regarding MOTION for Preliminary Injunction 40 filed by Willam R. Couch,, MOTION to Post Security for Preliminary Injunction 44 filed by Willam R. Couch; Set Motion Deadlines as to 40 MOTION for Preliminary Injunction, 44 MOTION to Post Security for Preliminary Injunction: Responses due by 9/21/2006. Signed by Judge Pamela Meade Sargent on 9/8/06. (eps, )

Sept. 8, 2006 PACER
47

Response To Motion For Preliminary Injunction And Motion To Post Security For Preliminary Injunction filed by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin. (Attachments: # 1 Affidavit Exhibit I - Shear# 2 Affidavit Exhibit II - Lockhart)(Muse, William)

1 Affidavit Exhibit I - Shear

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2 Affidavit Exhibit II - Lockhart

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Sept. 19, 2006 PACER
48

Letter regarding defendant's possible filing for extension of time by Willam R. Couch. (tvt)

Sept. 20, 2006 PACER
49

MEMORANDUM OPINION. Signed by Judge Pamela Meade Sargent on 9/22/06. (lmh)

Sept. 22, 2006 RECAP
50

ORDER granting in part and denying in part 13 Motion for Summary Judgment . Signed by Judge Pamela Meade Sargent on 9/22/06. (lmh)

Sept. 22, 2006 PACER
51

ORDER granting 40 Motion for Preliminary Injunction, granting in part and denying in part 44 Motion to Post Security for Preliminary Injunction . Signed by Judge Pamela Meade Sargent on 9/22/06. (lmh)

Sept. 22, 2006 RECAP
52

Reply to defendants re 47 Response to motion for preliminary injunction, filed by Willam R. Couch. (tvt)

Sept. 25, 2006 PACER
53

MOTION to Amend Order 50 Order on Motion for Summary Judgment by Willam R. Couch. (tvt)

Oct. 3, 2006 PACER
54

MOTION to Take Deposition by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin. (Muse, William)

Oct. 5, 2006 PACER
55

ORDER denying 53 Motion to Amend/Correct . Signed by Judge Pamela Meade Sargent on 10/6/06. (eps, )

Oct. 6, 2006 PACER
56

ORDER granting 54 Motion to Take Deposition . Signed by Judge Pamela Meade Sargent on 10/6/06. (ejs, )

Oct. 6, 2006 PACER
57

MOTION to Appoint Counsel by Willam R. Couch. (Attachments: # 1 Memorandum in Support of Motion to Appoint Counsel# 2 Exhibit)(tvt)

1 Memorandum in Support of Motion to Appoint Counsel

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2 Exhibit

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Oct. 16, 2006 PACER
58

REQUEST for Admissions by Willam R. Couch. (Attachments: # 1 Letter and request for admissions addressed to William H. Muse)(tvt)

1 Letter and request for admissions addressed to William H. Muse

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Nov. 15, 2006 PACER
59

NOTICE of Hearing: Jury Trial set for 1/23/2007 09:30 AM in Abingdon before Magistrate Judge Pamela Meade Sargent. (eps, )

Nov. 29, 2006 PACER
60

Order Directing the Warden at Keen Mountain Correctional Center to transport the plantiff to Court for jury trial on 01/23/07. Signed by Judge Pamela Meade Sargent on 12/7/06. (Bordwine, Robin)

Dec. 7, 2006 PACER
61

SCHEDULING ORDER: Jury Trial set for 1/23/2007 09:30 AM in Abingdon before Magistrate Judge Pamela Meade Sargent. Exhibit List and Witness List due by 1/12/2007. Jury Instructions due by 1/16/2007. Signed by Judge Pamela Meade Sargent on 12/7/06. (Bordwine, Robin)

Dec. 7, 2006 PACER
62

NOTICE of Hearing: Jury Trial reset for 2/16/2007 09:30 AM in Abingdon before Magistrate Judge Pamela Meade Sargent. (eps, )

Dec. 8, 2006 PACER
63

Order Directing the Warden at Keen Mountain Correctional Center to transport the plantiff to Court for hearing on 2/16/07. Signed by Judge Pamela Meade Sargent on 12/14/06. (Bordwine, Robin)

Dec. 14, 2006 PACER
64

SCHEDULING ORDER: Jury Trial set for 2/16/2007 09:30 AM in Abingdon before Magistrate Judge Pamela Meade Sargent. Exhibit List and Witness List due by 2/2/2007. Jury Instruction due by 2/9/2007. Signed by Judge Pamela Meade Sargent on 12/14/06. (Bordwine, Robin)

Dec. 14, 2006 PACER
65

Letter by Willam R. Couch. (Attachments: # 1 Defendant's response to Plaintiff's Request for Admissions sent by William R. Couch)(tvt)

1 Defendant's response to Plaintiff's Request for Admissions

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Dec. 18, 2006 PACER
66

MOTION to Continue re: Letter 65 by Willam R. Couch. (Attachments: # 1 Exhibit A - E)(tvt)

1 Exhibit A - E

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Dec. 18, 2006 PACER
67

NOTICE to Take Deposition of William R. Couch and Leroy Lovelace by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin.(Muse, William)

Dec. 21, 2006 PACER
68

INTERROGATORIES Propounded to Kathleen Bassett, Linda Sheer and Michael Olsin by Willam R. Couch. (Attachments: # 1 To Kathleen Bassett# 2 To Linda Sheer# 3 To Michael Olsin# 4 Letter to William Muse)(tvt)

1 To Kathleen Bassett

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2 To Linda Sheer

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3 To Michael Olsin

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4 Letter to William Muse

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Jan. 3, 2007 PACER
69

MOTION for Court to Declare the Court's Statutory and Discretionary Authority to Pay Witness Fees and Expenses by Willam R. Couch. (tvt)

Jan. 8, 2007 PACER
70

Letter by Willam R. Couch requesting docket sheet. (tvt)

Jan. 9, 2007 PACER
71

Copies of Docket Sheet and letter stating that this is a courtesy by the court, but future copies will be at a rate of $.50 per copy to William Couch by U.S. Mail. (tvt)

Jan. 9, 2007 PACER
72

RENEWED MOTION to Continue by Willam R. Couch. (tvt)

Jan. 23, 2007 PACER
73

Response to Renewed Motion for Continuance filed by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin. (Muse, William)

Jan. 23, 2007 PACER
74

NOTICE of Hearing: Jury Trial reset for 5/22/2007 09:30 AM in Abingdon before Magistrate Judge Pamela Meade Sargent. (eps, )

Jan. 24, 2007 PACER
75

NOTICE of Hearing - Prisoner: Settlement Conference set for 2/16/2007 10:00 AM in Abingdon before Magistrate Judge Pamela Meade Sargent. (eps, )

Jan. 24, 2007 PACER
76

ORDER taking under advisement 57 Motion to Appoint Counsel, granting 66 Motion to Continue, denying 69 Motion for Court to Delcare the Court's Statutory and Discretionary Authority to Pay witness Fees and Expenses, granting 72 Motion to Continue . Signed by Judge Pamela Meade Sargent on 1/24/07. (eps, )

Jan. 25, 2007 PACER
77

Order Directing the Warden at Keen Mountain Correctional Center to transport the plantiff to Court for hearing on Feburary 16, 2007 and May 22, 2007 . Signed by Judge Pamela Meade Sargent on 1/24/07. (eps, )

Jan. 25, 2007 PACER
78

MOTION for Summary Judgment by Willam R. Couch. (tvt)

Feb. 12, 2007 PACER
79

Brief / Memorandum in Support re 78 MOTION for Summary Judgment filed by Willam R. Couch. (Attachments: # 1 Exhibit)(tvt)

1 Exhibit

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Feb. 12, 2007 PACER
80

Response re 68 Interrogatories Propounded filed by Willam R. Couch. (tvt)

Feb. 12, 2007 PACER
81

Minute Entry for proceedings held before Judge Pamela Meade Sargent : Settlement Conference held on 2/16/2007. Parties continuing to negotiate and will attempt to reduce agreement to writing. (Sargent, Pamela)

Feb. 16, 2007 PACER
82

Prisoner Motion "To publish Court's Decision" by Willam R. Couch. (tvt)

March 2, 2007 PACER
83

Letter to plaintiff and Mr. Muse from Judge Sargent. (Bordwine, Robin)

March 7, 2007 PACER
84

ORDER, setting response due deadline for defendant to respond to 78 MOTION for Summary Judgment: Responses due by 3/21/2007. Signed by Judge Pamela Meade Sargent on 3/7/07. (ejs, )

March 7, 2007 PACER
85

Letter by Willam R. Couch to Judge Sargent. (eps, )

March 8, 2007 PACER
86

Letter by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin Letter to the Honorable Pamela M. Sargent, U.S. Magistrate Judge. (Muse, William)

March 8, 2007 PACER
87

MINUTE ORDER denying 31 Motion to Strike. Signed by Judge Pamela Meade Sargent on 3/14/07. (Sargent, Pamela)

March 14, 2007 PACER
88

Response Order filed by John Jabe, Larry Huffman, Linda B. Shear, Kathleen Bassett, R. B. Phillips, Major K. Pickerel, Mike Oslin. (Attachments: # 1 Letter to the Clerk USDC Roanoke)(Muse, William)

1 Letter to the Clerk USDC Roanoke

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March 16, 2007 PACER
89

ORDER DISMISSING CASE. Signed by Judge Pamela Meade Sargent on March 19, 2007. (tvt)

March 19, 2007 RECAP
90

Letter by Willam R. Couch. (tvt)

March 22, 2007 PACER
91

Letter to plaintiff. (Bordwine, Robin)

March 23, 2007 PACER
92

Docket Annotation; The items filed are duplicates from 82 that was filed by plaintiff. The court responded to request/motion on 3/23/07 (Attachments: # 1 Letter regarding motion to publish# 2 Motion to publish court's decision)(tvt)

1 Letter regarding motion to publish

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2 Motion to publish court's decision

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March 26, 2007 PACER
93

Request for Copies by Willam R. Couch. (kab)

Nov. 7, 2007 PACER
94

Letter from deputy clerk in re 93 . (kab)

Nov. 7, 2007 PACER
95

Additional Evidence by Christina Acker. (kab)

Jan. 30, 2009 PACER

State / Territory: Virginia

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Key Dates

Filing Date: Oct. 17, 2005

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

The plaintiff is a Sunni Muslim incarcerated in a state correctional facility, who worked for the facility's law library and served as chief liaison between the facility's officers and its Sunni Muslim prisoners.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Virginia Department of Corrections (Richmond), 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)

Constitutional Clause(s):

Due Process

Equal Protection

Free Exercise Clause

Availably 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:

Private Settlement Agreement

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Conditions of confinement

Food service / nutrition / hydration

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run