Case: Singh v. Carter

1:16-cv-00399 | U.S. District Court for the District of Columbia

Filed Date: Feb. 29, 2016

Closed Date: 2016

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Case Summary

On February 29, 2016, a U.S. Army Captain and member of the Sikh faith filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the United States Department of Defense and the Army, among others, under the Religious Freedom Restoration Act. The plaintiff, represented by the Becket Fund for Religious Liberty, the Sikh Coalition, and private counsel, asked the court for injunctive relief prohibiting the U.S. Army from forcing him to compromise his religious exercise. Specifically, the plaintiff claimed that the U.S. Army violated his First Amendment right to free expression of his religion. The defendants had required him to undergo extensive and repetitive testing to confirm that he could properly wear a combat helmet and a safety mask, while other soldiers with long hair and beards had not been subjected to the same testing.

Prior to this action, the plaintiff was given temporary accommodations to keep his hair and beard unshorn and to wear a turban. However, these accommodations were set to expire on March 31. On February 29, the plaintiff filed a temporary restraining order preventing the defendants from subjecting him to non-standard or discriminatory testing. On March 3, Judge Beryl A. Howard granted the plaintiff’s motion and enjoined the defendants from subjecting the plaintiff to any such testing during the pendency of the litigation. 168 F.Supp.3d 216.

The plaintiff also filed a motion for a preliminary injunction on February 29, requesting that the U.S. Army grant him a permanent religious accommodation for his beard, hair, and turban. Judge Howell denied this motion on May 6, 2016, partially because the preliminary injunction would essentially encompass the relief sought in the underlying complaint. In the same memorandum opinion, Judge Howell also denied the plaintiff’s motion to consolidate his case with another Sikh accommodation case because the plaintiffs in that case were reservists awaiting training rather than a West Point graduate on active duty as in this case. Additionally, the plaintiffs in the second case had not been forced to undergo the same testing that this plaintiff had objected to. 185 F. Supp. 3d 11.

On March 31, 2016, the defendants filed a notice that they had extended the plaintiff’s temporary accommodation to one year, or less in the event that military necessity assigned the plaintiff to another unit. In response, on May 23, 2016, the plaintiff filed an amended complaint stating that the extension did not negate the Army’s discriminatory regulations and practices. On June 20, 2016, the defendants filed a motion to dismiss.

On July 4, 2016, the plaintiff voluntarily dismissed the case without prejudice. In his filing, the plaintiff’s dismissal was made with the expectation that Sikh Americans would be successfully integrated into the U.S. military outside the context of this legal proceeding. This conclusion was supported by the following facts: (1) the defendants granted the plaintiff a ‘long-term accommodation’ which extended his earlier accommodation for at least one year from March 31, 2016; (2) the defendants had repeatedly written assurances that the plaintiff would not be subject to heightened, individualized testing concerning his helmet and safety mask; (3) while the Assistant Secretary of the Army intended to re-evaluate the plaintiff’s accommodation the following year, the plaintiff would not need to submit a new accommodation request; (4) the defendants planned to develop uniform standards for religious accommodations; (5) the plaintiff was not required to submit a new accommodation request with every new assignment, transfer of duty station, etc.; (6) no change would be made to the plaintiff’s accommodation without the evaluation being expeditiously forwarded to the Assistant Secretary; and (7) that a modification that substantially burdened the plaintiff’s religious exercise would only be permissible where the defendants could prove that they had a compelling interest to require modification, that modification was in furtherance of that interest, and that there was no less restrictive means of furthering that interest. These facts indicated that the plaintiff would not be subjected to adverse treatment by virtue of his faith for at least one year, by which time the plaintiff expected that the army would have legally sufficient accommodation guidelines in place.

On July 5, 2016, the case was dismissed without prejudice and signed by Judge Beryl A. Howell. The case is now closed.

Following the dismissal of the case, on January 4, 2017, the Army issued new regulations stating that Sikh soldiers will not be forced to abandon their religious turbans, unshorn hair, or beards throughout their military career.

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Summary Authors

Kat Brausch (6/21/2016)

Dawn Lui (12/3/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4214502/parties/singh-v-carter/

Judge(s)

Attorney for Plaintiff

Baxter, Eric S. (District of Columbia)

Blomberg, Daniel Howard (District of Columbia)

Dang, Harsimran Kaur (California)

Attorney for Defendant

Everett, Daniel James (District of Columbia)

Grace, Derrick Wayne (District of Columbia)

Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorney for Plaintiff

Baxter, Eric S. (District of Columbia)

Blomberg, Daniel Howard (District of Columbia)

Dang, Harsimran Kaur (California)

Ilter, Emre N. (District of Columbia)

Kaur, Gurjot (New York)

Rassbach, Eric C (District of Columbia)

Sidhu, Amandeep S. (District of Columbia)

Verm, Diana Marie (District of Columbia)

Attorney for Defendant

Everett, Daniel James (District of Columbia)

Grace, Derrick Wayne (District of Columbia)

Pfaffenroth, Peter C (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:16-cv-00399	Docket [PACER]	July 5, 2016	July 5, 2016 Docket
1 1:16-cv-00399	Complaint	Feb. 29, 2016	Feb. 29, 2016 Complaint
9 1:16-cv-00399	Memorandum Opinion [regarding the plaintiff's 2 Application for Temporary Restraining Order]	Feb. 29, 2016	Feb. 29, 2016 Order/Opinion
47 1:16-cv-00399	Memorandum Opinion [regarding the plaintiff's 3 Motion for Preliminary Injunction, 39 Motion to Consolidate, and 43 Expedited Motion for Status Conference]	May 6, 2016	May 6, 2016 Order/Opinion
49 1:16-cv-00399	Amended Complaint	May 23, 2016	May 23, 2016 Complaint
52 1:16-cv-00399	Rule 41(a)(1)(A) Notice of Voluntary Dismissal Without Prejudice	July 4, 2016	July 4, 2016 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Singh v. Carter Becket	Captain Simratpal “Simmer” Singh is a devout Sikh and decorated Army Captain who was forced to choose between serving his country and wearing the articles of his faith: his unshorn hair, beard, and t…	Jan. 4, 2017	Jan. 4, 2017 https://www.becketlaw.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4214502/singh-v-carter/

Last updated Aug. 30, 2023, 12:59 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against ASHTON B. CARTER, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY ( Filing fee $ 400, receipt number 4616076213) with Jury Demand filed by SIMRATPAL SINGH. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(zrdj) (Entered: 02/29/2016) 1 Exhibit View on PACER 2 Civil Cover Sheet View on PACER	Feb. 29, 2016	Feb. 29, 2016 RECAP
2	MOTION for Temporary Restraining Order by SIMRATPAL SINGH (Attachments: # 1 Memorandum in Support, # 2 Exhibit A -- Kalsi Declaration, # 3 Exhibit B -- Lamba Declaration, # 4 Exhibit C -- Khalsa Declaration, # 5 Text of Proposed Order)(zrdj) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
3	MOTION for Preliminary Injunction by SIMRATPAL SINGH (Attachments: # 1 Text of Proposed Order)(See docket entry 2 for combined Memorandum and exhibits)(zrdj) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
4	NOTICE of Appearance by Derrick Wayne Grace on behalf of All Defendants (Grace, Derrick) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
5	NOTICE of Appearance by Emre Nizam Ilter on behalf of SIMRATPAL SINGH (Ilter, Emre) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
6	NOTICE of Appearance by Amandeep S. Sidhu on behalf of SIMRATPAL SINGH (Sidhu, Amandeep) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
7	NOTICE of Appearance by Eric S. Baxter on behalf of SIMRATPAL SINGH (Baxter, Eric) Modified on 3/1/2016 (zrdj). (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
8	NOTICE of Appearance by Amandeep S. Sidhu on behalf of SIMRATPAL SINGH (Sidhu, Amandeep) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
9	Memorandum in opposition to re 2 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction filed by ASHTON B. CARTER, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY. (Attachments: # 1 Appendix)(Grace, Derrick) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
10	STANDING ORDER. Signed by Judge Beryl A. Howell on February 29, 2016. (lcbah3) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
11	NOTICE of Appearance by Peter C. Pfaffenroth on behalf of All Defendants (Pfaffenroth, Peter) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
12	AFFIDAVIT re 2 MOTION for Temporary Restraining Order Declaration of Harsimran Kaur Dang by SIMRATPAL SINGH. (Sidhu, Amandeep) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 PACER
13	NOTICE regarding allegation the Captain Singh was to be escorted to appointments by ASHTON B. CARTER, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Exhibit)(Grace, Derrick) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 PACER
14	PROPOSED BRIEFING SCHEDULE re 3 MOTION for Preliminary Injunction by SIMRATPAL SINGH. (Sidhu, Amandeep) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 PACER
15	Consent MOTION for Extension of Time to file proposed briefing schedule until 5:00 PM by ASHTON B. CARTER, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY (Grace, Derrick) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 PACER
16	REPLY to opposition to motion re 2 MOTION for Temporary Restraining Order filed by SIMRATPAL SINGH. (Attachments: # 1 Declaration Baxter Declaration, # 2 Declaration Singh Declaration)(Baxter, Eric) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 PACER
17	MOTION for Briefing Schedule for Preliminary Injunction by ASHTON B. CARTER, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY (Grace, Derrick) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 PACER
18	NOTICE of Appearance by Eric Christopher Rassbach on behalf of SIMRATPAL SINGH (Rassbach, Eric) Modified on 3/3/2016 (zrdj). (Entered: 03/02/2016)	March 2, 2016	March 2, 2016 PACER
19	RESPONSE re 17 MOTION for Briefing Schedule for Preliminary Injunction filed by SIMRATPAL SINGH. (Baxter, Eric) (Entered: 03/02/2016)	March 2, 2016	March 2, 2016 PACER
20	TRANSCRIPT OF HEARING for Temporary Restraining Order before Judge Beryl A. Howell held on 02-29-2016; Page Numbers: 1 - 78. Date of Issuance:03-03-2016. Court Reporter/Transcriber Elizabeth SaintLoth, Telephone number 202-354-3242, Transcripts may be ordered by submitting the <a href=http://www.dcd.uscourts.gov/dcd/node/2189>Transcript Order Form.</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 3/24/2016. Redacted Transcript Deadline set for 4/3/2016. Release of Transcript Restriction set for 6/1/2016.(Saint-Loth, Elizabeth) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 PACER
21	NOTICE of Rescheduled Testing by SIMRATPAL SINGH (Attachments: # 1 Exhibit A)(Baxter, Eric) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 PACER
22	ORDER granting the plaintiff's 2 Application for Temporary Restraining Order. Accordingly, the parties shall, by 5:00 p.m. on March 4, 2016, jointly submit a proposed briefing schedule to govern further proceedings in this matter. See Order for further details. Signed by Judge Beryl A. Howell on March 3, 2016. (lcbah3) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 PACER
23	MEMORANDUM OPINION regarding the plaintiff's 2 Application for Temporary Restraining Order. Signed by Judge Beryl A. Howell on March 3, 2016. (lcbah3) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 RECAP
24	Joint MOTION for Briefing Schedule for Plaintiff's Request for Preliminary Injunction by ASHTON B. CARTER, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY (Grace, Derrick) (Entered: 03/04/2016)	March 4, 2016	March 4, 2016 PACER
25	NOTICE of Appearance by Daniel James Everett on behalf of All Defendants (Everett, Daniel) (Entered: 03/31/2016)	March 31, 2016	March 31, 2016 PACER
26	NOTICE of Army's Action on Plaintiffs Request for Religious Accomodation by ASHTON B. CARTER, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Exhibit Exhibit 1 (Decision by Asst. Sec. of the Army Wada re: Plaintiff's Religious Accomodation))(Everett, Daniel) (Entered: 03/31/2016)	March 31, 2016	March 31, 2016 PACER
27	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/07/2016. (Baxter, Eric) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
28	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/7/2016. Answer due for ALL FEDERAL DEFENDANTS by 5/6/2016. (Baxter, Eric) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
29	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ASHTON B. CARTER served on 3/7/2016 (Baxter, Eric) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
30	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE ARMY served on 3/11/2016 (Baxter, Eric) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
31	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF DEFENSE served on 3/9/2016 (Baxter, Eric) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
32	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES C. MCCONVILLE served on 3/7/2016 (Baxter, Eric) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
33	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PATRICK J. MURPHY served on 3/7/2016 (Baxter, Eric) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
34	NOTICE OF INTENT by SIMRATPAL SINGH re 26 Notice (Other), (Attachments: # 1 Exhibit 1)(Baxter, Eric) (Entered: 04/02/2016)	April 2, 2016	April 2, 2016 PACER
35	Memorandum in opposition to re 3 MOTION for Preliminary Injunction filed by ASHTON B. CARTER, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY. (Attachments: # 1 Appendix)(Grace, Derrick) (Entered: 04/05/2016)	April 5, 2016	April 5, 2016 PACER
36	NOTICE of Appearance by Diana Marie Verm on behalf of SIMRATPAL SINGH (Verm, Diana) Modified on 4/13/2016 (zrdj). (Entered: 04/12/2016)	April 12, 2016	April 12, 2016 PACER
37	REPLY to opposition to motion re 3 MOTION for Preliminary Injunction filed by SIMRATPAL SINGH. (Attachments: # 1 Affidavit of Tejdeep S. Rattan, # 2 Affidavit of Taranbir Singh, # 3 Affidavit of Kanwar B. Singh, # 4 Affidavit of A.S.G. (a minor), # 5 Affidavit of Harpal Singh, # 6 Affidavit of Jacob Goldstein)(Baxter, Eric) (Entered: 04/12/2016)	April 12, 2016	April 12, 2016 PACER
38	NOTICE of Appearance by Daniel H. Blomberg on behalf of SIMRATPAL SINGH (Blomberg, Daniel) Modified on 4/13/2016 (zrdj). (Entered: 04/13/2016)	April 13, 2016	April 13, 2016 PACER
39	MOTION to Consolidate Cases by SIMRATPAL SINGH (Sidhu, Amandeep) (Entered: 04/13/2016)	April 13, 2016	April 13, 2016 PACER
40	Memorandum in opposition to re 39 MOTION to Consolidate Cases filed by ASHTON B. CARTER, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY. (Grace, Derrick) (Entered: 04/22/2016)	April 22, 2016	April 22, 2016 PACER
41	MOTION to Dismiss by ASHTON B. CARTER, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Memorandum in Support, # 2 Appendix C)(Grace, Derrick) (Entered: 04/29/2016)	April 29, 2016	April 29, 2016 PACER
42	REPLY to opposition to motion re 39 MOTION to Consolidate Cases filed by SIMRATPAL SINGH. (Baxter, Eric) (Entered: 04/29/2016)	April 29, 2016	April 29, 2016 PACER
43	MOTION for Order Setting Status Conference by SIMRATPAL SINGH (Baxter, Eric) (Entered: 05/02/2016)	May 2, 2016	May 2, 2016 PACER
44	Consent MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Dismiss by SIMRATPAL SINGH (Baxter, Eric) (Entered: 05/05/2016)	May 5, 2016	May 5, 2016 PACER
45	NOTICE OF SUPPLEMENTAL AUTHORITY by SIMRATPAL SINGH (Baxter, Eric) (Entered: 05/05/2016)	May 5, 2016	May 5, 2016 PACER
46	ORDER denying the plaintiff's 3 Application for Preliminary Injunction, 39 Motion to Consolidate, and 43 Expedited Motion for Status Conference. See Order for further details. Signed by Chief Judge Beryl A. Howell on May 6, 2016. (lcbah3) (Entered: 05/06/2016)	May 6, 2016	May 6, 2016 PACER
47	MEMORANDUM OPINION regarding the plaintiff's 3 Motion for Preliminary Injunction, 39 Motion to Consolidate, and 43 Expedited Motion for Status Conference. Signed by Chief Judge Beryl A. Howell on May 6, 2016. (lcbah3) (Entered: 05/06/2016)	May 6, 2016	May 6, 2016 RECAP
48	NOTICE of Appearance by Gurjot Kaur on behalf of All Plaintiffs (Kaur, Gurjot) (Entered: 05/11/2016)	May 11, 2016	May 11, 2016 PACER
49	AMENDED COMPLAINT against All Defendants with Jury Demand filed by SIMRATPAL SINGH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Baxter, Eric) (Entered: 05/23/2016)	May 23, 2016	May 23, 2016 PACER
50	Consent MOTION for Extension of Time to File Answer or otherwise respond to Plaintiff's Amended Complaint by ASHTON B. CARTER, ERIC K. FANNING, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY (Grace, Derrick) (Entered: 06/01/2016)	June 1, 2016	June 1, 2016 PACER
51	MOTION to Dismiss by ASHTON B. CARTER, ERIC K. FANNING, JAMES C. MCCONVILLE, PATRICK J. MURPHY, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Memorandum in Support, # 2 Appendix D)(Grace, Derrick). Added MOTION to Strike on 6/21/2016 (zrdj). (Entered: 06/20/2016)	June 20, 2016	June 20, 2016 PACER
52	NOTICE of Voluntary Dismissal by All Plaintiffs (Baxter, Eric) (Entered: 07/04/2016)	July 4, 2016	July 4, 2016 PACER
	Order on Motion to Strike AND Order on Motion to Dismiss	July 5, 2016	July 5, 2016 PACER