Case: Heard v. Finco

1:13-cv-00373 | U.S. District Court for the Western District of Michigan

Filed Date: March 26, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 26, 2013, several Muslim prisoners of the Lakeland Correctional Facility (LCF) filed this lawsuit pro se in the U.S. District Court for the Western District of Michigan. The plaintiffs sued the Deputy Director of the Michigan Department of Corrections (MDOC), the dietician and food service manager of the prison, and the Special Activity Coordinator of MDOC, all under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The plaintiffs sought declarator…

On March 26, 2013, several Muslim prisoners of the Lakeland Correctional Facility (LCF) filed this lawsuit pro se in the U.S. District Court for the Western District of Michigan. The plaintiffs sued the Deputy Director of the Michigan Department of Corrections (MDOC), the dietician and food service manager of the prison, and the Special Activity Coordinator of MDOC, all under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The plaintiffs sought declaratory and injunctive relief as well as damages and attorneys’ fees and costs. The case was assigned to District Judge Gordon J. Quist and Magistrate Judge Hugh W. Brenneman, Jr.

The plaintiffs claimed that MDOC violated their First and Eighth Amendment rights by failing to provide adequate nourishment to accommodate the plaintiffs’ fasting period during the 2011 and 2012 Ramadan seasons. Thus, the plaintiffs claimed, MDOC burdened the plaintiffs’ exercise of religion and inflicting cruel and unusual punishment. They also alleged that MDOC did not treat a Jewish inmate in the same way during his fasting period.

On June 14, 2013, the plaintiffs filed a motion for a preliminary injunction, asking that the court require the defendants to provide the plaintiffs with adequate meals during the 2013 Ramadan period. On July 8, 2013, Judge Quist denied this motion because the plaintiffs failed to demonstrate irreparable harm. The court pointed to the MDOC dietitian's testimony which stated that, at most, the Ramadan meals to be provided would be 250 calories under the required amount for prisoners in a day. In a subsequent order of clarification, the court said that the reason plaintiffs did not show irreparable harm was only because of the dietitian's testimony. Despite reaffirming the denial of the plaintiffs’ motion, the order of clarification required MDOC to provide a minimum of 2,350 calories per day during the 2013 Ramadan period.

On July 31, 2013, the defendants filed a motion for summary judgment, arguing that the plaintiffs had not exhausted their administrative remedies before bringing this lawsuit. The plaintiffs filed a cross-motion for summary judgment and the court stayed discovery pending resolution of the motions.

On July 31, 2013, the plaintiffs filed a motion for contempt on the ground that the actual 2013 Ramadan meals provided approximately 600 fewer calories than the defendants had represented in their answer to the complaint. On April 29, 2014, the court found the defendants in contempt of court, agreeing with the prisoners that the state had provided the plaintiffs with unduly limited calories during Ramadan, contrary to the defendants’ own representations to the court and the court's order. The court ordered the defendants to pay $200 to each plaintiff.

On February 25, 2014, the magistrate judge filed a report and recommendation regarding the cross-motions for summary judgment, recommending that the court grant defendants’ motion, deny the plaintiffs’ cross-motion, and dismiss the case. His report argued that the plaintiffs failed to properly exhaust their administrative remedies and that the claims were barred by the statute of limitations. 2014 WL 1347436.

Eighth Amendment Claims

On March 31, 2014, the court granted summary judgment against the prisoners, dismissing their Eighth Amendment claims. On May 12, 2014, however, the plaintiffs filed a motion for reconsideration of this decision, which Judge Quist granted on August 15, 2014, reinstating the Eighth Amendment claim. The defendants appealed this reinstatement to the Sixth Circuit. In an unpublished opinion, the Sixth Circuit affirmed the court’s order reinstating the plaintiffs' Eighth Amendment claims, finding that there was a genuine issue of material fact regarding whether the plaintiffs’ restricted diets during the Ramadan fasts violated a clearly established right.

RLUIPA Claims

Judge Quist partially agreed with Magistrate Judge Brenneman’s recommendation when on March 31, 2014 he dismissed the plaintiffs’ request for preliminary injunctive relief and their Eighth Amendment claims. However, he reversed the Magistrate Judge’s other recommendations and held that the plaintiffs could proceed on their First Amendment and RLUIPA claims. He said that the claims were not barred by the statute of limitations, that the defendants had not shown that the plaintiffs had failed to exhaust their administrative remedies, and that MDOC was not entitled to qualified immunity because it was a genuine issue of fact whether MDOC provided the plaintiffs with sufficient nutrition in Ramadan 2011 and 2012. 2014 WL 1347432.

On May 13, 2014, the defendants filed a motion for partial summary judgment as to the plaintiffs’ 2011 and 2012 Ramadan claims. Magistrate Judge Brenneman filed a report and recommendation regarding this motion, recommending that the court dismiss all the plaintiffs’ Ramadan 2011 claims and the plaintiffs’ Ramadan 2012 claim for lack of exhaustion. 2015 WL 3936315.

On June 26, 2015, partially agreeing with Judge Brenneman, Judge Quist granted in part and denied in part the defendants’ motion for partial summary judgment, dismissing some of the plaintiffs’ Ramadan 2011 claims but retaining one Ramadan 2011 claim and all Ramadan 2012 claims. 2015 WL 3936395. On July 9, 2015, the plaintiffs filed a motion for reconsideration of this order. Judge Quist granted this motion and reinstated the 2011 Ramadan claims because the plaintiff showed that his exhausted grievance for Ramadan 2010 properly exhausted his Ramadan 2011 claim.

The Second Preliminary Injunction

On May 28, 2014, the plaintiffs filed a second motion for a preliminary injunction. The plaintiffs asked the court to order the defendants to provide 2,900 calories per day during the 2014 Ramadan period. Citing the defendants’ failure to comply with the court’s order of clarification for the 2013 Ramadan period, the plaintiffs also requested that the court appoint a monitor to ensure that the defendants comply with their legal obligation to provide the plaintiffs adequate nutrition during the 2014 Ramadan period. On June 27, 2014, the Court agreed with the defendants' position that providing prisoners participating in the Ramadan fast an average of 2,350 calories per day over a two-week period, rather than providing at least 2,350 calories every day, was consistent with sound nutritional practices and would not adversely affect prisoners’ health. Judge Quist ordered the defendants to provide the court a copy of the 2014 Ramadan menu and, on a weekly basis, a sworn statement from a representative at LCF confirming that the plaintiffs were served the food items listed on the 2014 Ramadan menu. 2014 WL 2920479.

On June 20, 2014, the United States filed a statement of interest. The United States expressed interest in whether Michigan prison officials were substantially burdening the exercise of religion in violation of the RLUIPA if they were found to provide inadequate nutrition to prisoners observing Ramadan. If the officials were inflicting a substantial burden, the United States was interested in what remedies were needed to ensure that Michigan officials comply with RLUIPA.

On September 2, 2014, the plaintiffs filed a second motion for contempt, this time for the defendants’ failure to provide the plaintiffs an average of 2,350 calories per day over a two-week cycle during the 2014 Ramadan period. In another victory for the plaintiffs, Judge Quist granted this motion on May 4, 2015.

The court appointed a pro bono attorney from the Michigan State University Law School Civil Rights Clinic for the plaintiffs on July 2, 2015. Shortly thereafter, this case was reassigned to Magistrate Judge Ray Kent from Magistrate Judge Brenneman on August 1, 2015. In November 2015, the plaintiffs filed a motion for leave to file a supplemental complaint adding claims for Ramadan 2013 and 2014. Those claims were substantially the same as the claims in the original complaint but also added a Fourteenth Amendment Equal Protection claim based on MDOC’s differential treatment of a Jewish inmate during his fasting period and a civil conspiracy claim alleging that MDOC had conspired to provide the plaintiffs with fewer calories than required by MDOC guidelines and the court’s previous orders because plaintiffs were Muslim. The court granted the motion on April 14, 2016, and the new claims were added to the previous ones.

On July 30, 2016, the plaintiffs filed a motion for summary judgment as to the constitutional and statutory claims during the 2011 and 2012 Ramadan fasting, arguing that the plaintiffs were fed only 1600 calories per day. However, on August 11, 2016, the defendants filed a joint stipulation with the plaintiffs in which the plaintiffs agreed to voluntarily dismiss their claims for injunctive and monetary relief based on the RLUIPA. Soon after, Judge Quist granted this proposed order, but the plaintiffs’ Eighth Amendment, First Amendment, and Fourteenth Amendment claims remained. Then, the defendants filed another motion for partial summary judgment on August 17, 2016. The defendants sought summary judgment in their favor on the grounds that the defendants were entitled to qualified immunity because the law was not clearly established.

On November 4, 2016, Judge Kent filed a report and recommendation with the court regarding the plaintiffs’ July, 30, 2016 motion for summary judgment and the defendants’ August 17, 2016 motion for partial summary judgment, recommending that the court deny all of these motions because factual uncertainties remained. Judge Kent also recommended that the court grant the defendants’ motion as to the plaintiffs’ equal protection claim and the plaintiffs’ 2014 Ramadan claims against the prison’s dietitian based on his lack of personal involvement; and deny the defendants’ motion with regard to the plaintiffs’ Ramadan 2013 conspiracy claim but grant the defendants' motion with regard to the 2014 Ramadan conspiracy claim.

On February 16, 2017, Judge Quist partially agreed with Judge Kent, saying that there were still triable issues of fact that precluded summary judgment on the plaintiffs' Ramadan 2011 and 2012 claims. However, he dismissed the plaintiffs’ claims based on Ramadan 2013 and 2014 because the defendants were entitled to qualified immunity. 2017 WL 631600. The parties met for a settlement conference on June 8, 2017, but they could not reach a settlement. After some rescheduling, the court set trial for October 2, 2018.

The parties went to a jury trial on October 2, 2018 and the trial lasted three days. At the conclusion of the plaintiffs’ proofs, defendants moved for judgment as a matter of law and the court took the motion under advisement. The defendants again moved for judgment as a matter of law at the conclusion of trial. This time, the plaintiffs agreed to dismiss the MDOC Deputy Director from the case, leaving the dietician as the sole defendant.

The jury returned a verdict for the plaintiffs. The damages against the remaining defendant totaled $3,900, consisting of $150 in actual damages and $500 in punitive damages per plaintiff for each month of Ramadan included in the claims. The defendant renewed his motion for judgment as a matter of law after hearing the jury verdict, but the District Court denied it. After hearing the verdict, the plaintiffs moved for a new trial as to damages for their First Amendment claim, but the Court denied their motion on November 7, 2018.

On November 27, 2018, the plaintiffs appealed the decision to deny their motion for a new trial as to damages for their First Amendment claim. The case was added to the docket of the Sixth Circuit a day later. The issue is pending on appeal.

The plaintiffs filed a motion for expenses on December 12, 2018 and as of August 9, 2020, that motion was still pending in the District Court.

The case is ongoing.

Summary Authors

Jake Parker (5/31/2018)

Nathan Santoscoy (4/19/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5115240/parties/heard-252329-v-finco/


Judge(s)

Brenneman, Hugh Warren Jr. (Michigan)

Kent, Ray (Michigan)

Quist, Gordon Jay (Michigan)

Attorneys(s) for Plaintiff

Cobb, Ryan D. (Michigan)

Fox, Deena (District of Columbia)

Kappelhoff, Mark (District of Columbia)

Manville, Daniel E. (Michigan)

Miles, Patrick A. Jr. (District of Columbia)

Morse, Thomas Jackson (District of Columbia)

Preston, Judy C. (District of Columbia)

Judge(s)

Brenneman, Hugh Warren Jr. (Michigan)

Kent, Ray (Michigan)

Quist, Gordon Jay (Michigan)

Attorneys(s) for Plaintiff

Cobb, Ryan D. (Michigan)

Fox, Deena (District of Columbia)

Kappelhoff, Mark (District of Columbia)

Manville, Daniel E. (Michigan)

Miles, Patrick A. Jr. (District of Columbia)

Morse, Thomas Jackson (District of Columbia)

Preston, Judy C. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Defendant

Soros, Allan J. (Michigan)

Thurber, John L. (Michigan)

Documents in the Clearinghouse

Document

1:13-cv-00373

Docket [PACER]

May 10, 2018

May 10, 2018

Docket
1

1:13-cv-00373

Civil Action Complaint

March 26, 2013

March 26, 2013

Complaint
21

1:13-cv-00373

Memorandum Opinion and Order Denying Plaintiff's Motion for Preliminary Injunction

July 8, 2013

July 8, 2013

Order/Opinion
56

1:13-cv-00373

Report and Recommendation

2014 WL 1347436

Feb. 25, 2014

Feb. 25, 2014

Order/Opinion
59

1:13-cv-00373

Memorandum Order Adopting in Part and Rejecting in Part Report and Recommendation

2014 WL 1347432

March 31, 2014

March 31, 2014

Order/Opinion
70

1:13-cv-00373

Order of Contempt

April 29, 2014

April 29, 2014

Order/Opinion
98

1:13-cv-00373

Statement of Interest of the United States

June 20, 2014

June 20, 2014

Pleading / Motion / Brief
104

1:13-cv-00373

Opinion Regarding (1) Plaintiff's Motion for Preliminary Injunction Concerning Ramadan 2014 and (2) Defendant's Motion for Relief From an Order Pursuant to Fed.R.Civ.P.60(b)(5)

2014 WL 2920479

June 27, 2014

June 27, 2014

Order/Opinion
122

1:13-cv-00373

Order Granting Plaintiff's Motion for Reconsideration

Aug. 15, 2014

Aug. 15, 2014

Order/Opinion
181

1:13-cv-00373

Report and Recommendation

2015 WL 3936315

March 27, 2015

March 27, 2015

Magistrate Report/Recommendation

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5115240/heard-252329-v-finco/

Last updated Aug. 6, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against Tom Finco, Mike Martin, Brad Purves (DWor) [Transferred from Michigan Eastern on 4/4/2013.] (Entered: 03/27/2013)

March 26, 2013

March 26, 2013

PACER
2

APPLICATION to Proceed without prepayment of fees by Lamont Heard (DWor) [Transferred from Michigan Eastern on 4/4/2013.] (Entered: 03/27/2013)

March 26, 2013

March 26, 2013

PACER
3

APPLICATION to Proceed without prepayment of fees by William Johnson. (DWor) [Transferred from Michigan Eastern on 4/4/2013.] (Entered: 03/27/2013)

March 26, 2013

March 26, 2013

PACER
4

APPLICATION to Proceed without prepayment of fees by Jamero Moses (DWor) [Transferred from Michigan Eastern on 4/4/2013.] (Entered: 03/27/2013)

March 26, 2013

March 26, 2013

PACER
5

APPLICATION to Proceed without prepayment of fees by Anthony Nelson. (DWor) [Transferred from Michigan Eastern on 4/4/2013.] (Entered: 03/27/2013)

March 26, 2013

March 26, 2013

PACER
6

ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Victoria A. Roberts. (KKra) [Transferred from Michigan Eastern on 4/4/2013.] (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
7

CASE TRANSFERRED IN from Michigan Eastern, their case number 2:13-cv-11342; the documents listed above were electronically transferred to the Western District of Michigan (cmi) (Entered: 04/04/2013)

April 4, 2013

April 4, 2013

PACER

Copies Mailed

April 5, 2013

April 5, 2013

PACER
8

NOTICE of receipt of case (gjf) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER

Copy of Receipt of Case Notice 8 sent via U.S. Mail to plaintiffs Heard, Moses, Johnson & Nelson (gjf)

April 5, 2013

April 5, 2013

PACER
9

ORDER TO PROCEED IN FORMA PAUPERIS and FOR PAYMENT OF FILING FEE: plaintiffs Johnson and Nelson to pay an initial partial fee within 28 days; plaintiffs Heard and Moses may proceed with initial fee due when funds become available - see order for specifics; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

PACER

Copy of Order to Proceed IFP - Initial Fee Due in 28 Days - Prisoner 9 sent via U.S. Mail to plaintiffs Heard, Johnson, Moses and Nelson (gjf)

April 26, 2013

April 26, 2013

PACER

Copies Mailed

April 26, 2013

April 26, 2013

PACER

RECEIPT (Prisoner Litigation): initial filing fee installment by Johnson in the amount of $34.10, receipt number GR034828; amount paid to date by Johnson $34.10; amount paid to date by Heard $0.00; amount paid to date by Moses $0.00; amount paid to date by Nelson $0.00; amount paid to date in case $34.10 (anm)

May 7, 2013

May 7, 2013

PACER

Receipt (Prisoner Litigation - Initial Payment)

May 7, 2013

May 7, 2013

PACER

RECEIPT (Prisoner Litigation): filing fee installment by Nelson in the amount of $21.02, receipt number GR034861; amount paid to date by Nelson $21.02; amount paid to date by Johnson $34.10; amount paid to date by Heard $0.00; amount paid to date by Moses $0.00; amount paid to date in case $55.12(ns)

May 10, 2013

May 10, 2013

PACER

Receipt (Prisoner Litigation - Subsequent Payment)

May 10, 2013

May 10, 2013

PACER
10

ORDER REGARDING SERVICE: the Clerk is to arrange for service of this order and the complaint upon the defendants; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER

Copy of Order Regarding Service - Prisoner 10 sent via U.S. Mail to plaintiffs Heard, Johnson, Moses and Nelson (gjf)

June 5, 2013

June 5, 2013

PACER

Copies Mailed

June 5, 2013

June 5, 2013

PACER

NOTICE OF LAWSUIT/REQUEST FOR WAIVER of service delivered to USM as to defendants Tom Finco, Mike Martin, Brad Purves (gjf)

June 5, 2013

June 5, 2013

PACER

Notice of Lawsuit and Request for Waiver of Service delivered to USM

June 5, 2013

June 5, 2013

PACER
11

WAIVER OF SERVICE returned executed as to Tom Finco waiver sent on 6/5/2013, answer due 8/5/2013 (gjf) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
12

WAIVER OF SERVICE returned executed as to Mike Martin waiver sent on 6/5/2013, answer due 8/5/2013 (gjf) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
13

WAIVER OF SERVICE returned executed as to Brad Purves waiver sent on 6/5/2013, answer due 8/5/2013 (gjf) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
14

MOTION for preliminary injunction and motion to post security, expedited hearing requested by plaintiffs Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771; (Attachments: # 1 Exhibit A - E)(jem) (Entered: 06/14/2013)

1 Exhibit A - E

View on PACER

June 14, 2013

June 14, 2013

PACER

Copies Mailed

June 19, 2013

June 19, 2013

PACER
15

ORDER FOR RESPONSE TO MOTION FOR PRELIMINARY INJUNCTION 14 : Defendants to respond by 6/28/2013; Clerk to serve Order on Defendants; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER

Copy of Order Regarding Response to Motion 15 sent via U.S. Mail to Lamont Heard #252329, Jamero T. Moses #231885, William Johnson #235820, Anthony Nelson #210771, Tom Finco, Mike Martin, Brad Purves (jem)

June 19, 2013

June 19, 2013

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Allan J. Soros on behalf of defendants Tom Finco, Mike Martin, Brad Purves (Soros, Allan)

June 24, 2013

June 24, 2013

PACER

Attorney Appearance

June 24, 2013

June 24, 2013

PACER
16

CERTIFICATE OF SERVICE by defendants Tom Finco, Mike Martin, Brad Purves re Attorney Appearance (Soros, Allan) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
17

RESPONSE TO MOTION for preliminary injunction and motion to post security, expedited hearing requested 14, Index of Exhibits, and Exhibits 1 through 3 filed by Tom Finco, Mike Martin, Brad Purves (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1--PD 04.07.100.pdf, # 3 Exhibit 2--Affidavit of Brad A. Purves.pdf, # 4 Exhibit 3--Prisoners' Orders & Refunds.pdf)(Soros, Allan) (Entered: 06/28/2013)

1 Index of Exhibits

View on PACER

2 Exhibit 1--PD 04.07.100.pdf

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3 Exhibit 2--Affidavit of Brad A. Purves.pdf

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4 Exhibit 3--Prisoners' Orders & Refunds.pdf

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June 28, 2013

June 28, 2013

PACER
18

CERTIFICATE OF SERVICE by defendants Tom Finco, Mike Martin, Brad Purves re Response to Motion, 17 for Preliminary Injunction, Index of Exhibits, and Exhibits A through C (Soros, Allan) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
19

REPLY to response to motion 14 filed by Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771 (Attachments: # 1 Attachment 1, # 2 Attachment 2)(jem) (Entered: 07/08/2013)

1 Attachment 1

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2 Attachment 2

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July 8, 2013

July 8, 2013

PACER
20

MOTION for hearing re 14 expedited hearing request by plaintiffs Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771; (jem) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
21

MEMORANDUM OPINION AND ORDER denying Plaintiffs' motion 14 for preliminary injunction; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER

Copy of Order on Motion for Preliminary Injunction, Order on Motion for Hearing 21 sent via U.S. Mail to plaintiffs Heard, Moses, Johnson & Nelson (gjf)

July 9, 2013

July 9, 2013

PACER

Copies Mailed

July 9, 2013

July 9, 2013

PACER
22

ORDER OF CLARIFICATION re 21 : Defendants to provide Plaintiffs 2,350 calories per day during 2013 Ramadan observance; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

PACER

Copy of Order 22 sent via U.S. Mail to plaintiffs Heard, Moses, Johnson & Nelson (gjf)

July 11, 2013

July 11, 2013

PACER

Copies Mailed

July 11, 2013

July 11, 2013

PACER
23

MOTION for contempt (document named as motion to hold defendants in contempt of court for refusing to comply with preliminary injunction order) by plaintiffs Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771; (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(gjf) (Entered: 07/23/2013)

1 Exhibit 1

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2 Exhibit 2

View on PACER

July 23, 2013

July 23, 2013

PACER
24

MOTION for summary judgment by defendants Tom Finco, Mike Martin, Brad Purves; (Soros, Allan) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER
25

BRIEF in support of MOTION for summary judgment 24, Index of Exhibits, Exhibits A through E [EXHIBITS CONTINUED] filed by Tom Finco, Mike Martin, Brad Purves (Attachments: # 1 Index of Exhibits, # 2 Exhibit A--2013 Ramadan Menu.pdf, # 3 Exhibit B--Affidavit of Brad Purves, with Att.pdf, # 4 Exhibit C--PD 03.02.130.pdf, # 5 Exhibit D--Burnett v Howard (unpublished decision).pdf, # 6 Exhibit E--Alderson v Pitcher (unpublished decision).pdf)(Soros, Allan) (Entered: 07/31/2013)

1 Index of Exhibits

View on PACER

2 Exhibit A--2013 Ramadan Menu.pdf

View on PACER

3 Exhibit B--Affidavit of Brad Purves, with Att.pdf

View on PACER

4 Exhibit C--PD 03.02.130.pdf

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5 Exhibit D--Burnett v Howard (unpublished decision).pdf

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6 Exhibit E--Alderson v Pitcher (unpublished decision).pdf

View on PACER

July 31, 2013

July 31, 2013

PACER
26

EXHIBIT re 25 F through Exhibits I by defendants Tom Finco, Mike Martin, Brad Purves (Attachments: # 1 Exhibit F--Mabon v Campbell (unpublished decision).pdf, # 2 Exhibit G--Jaami v Compton (unpublished decision).pdf, # 3 Exhibit H--Hall v Jabe (unpublished decision).pdf, # 4 Exhibit I--Welch v Kusey (Report & Recommendation).pdf)(Soros, Allan) Modified text on 8/1/2013 (ald). (Entered: 07/31/2013)

1 Exhibit F--Mabon v Campbell (unpublished decision).pdf

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2 Exhibit G--Jaami v Compton (unpublished decision).pdf

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3 Exhibit H--Hall v Jabe (unpublished decision).pdf

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4 Exhibit I--Welch v Kusey (Report & Recommendation).pdf

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July 31, 2013

July 31, 2013

PACER
27

CERTIFICATE OF SERVICE by defendants Tom Finco, Mike Martin, Brad Purves re Exhibit, 26, Brief in Support of a Motion, 25, MOTION for summary judgment 24, Index of Exhibits, and Exhibits A through I (Soros, Allan) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER

Motion for Summary Judgment

Aug. 21, 2013

Aug. 21, 2013

PACER
28

MOTION for leave to file excess pages with proof of service by plaintiffs Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771; (gjf) (Entered: 08/22/2013)

Aug. 21, 2013

Aug. 21, 2013

PACER
29

RESPONSE in opposition to MOTION for summary judgment 24 filed by Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771 (gjf) (Entered: 08/22/2013)

Aug. 21, 2013

Aug. 21, 2013

PACER

CROSS MOTION for summary judgment (taken from document 29 ) by plaintiffs Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771; (gjf)

Aug. 21, 2013

Aug. 21, 2013

PACER
30

BRIEF in support of CROSS MOTION for summary judgment (taken from document 29 ) and in support of opposition to defendants' motion for summary judgment filed by Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771 (Attachments: # 1 Exhibit List, # 2 Exhibits 1-11, # 3 Exhibits 12-20)(gjf) Modified text on 8/22/2013 (gjf). Modified text on 8/26/2013 per order 31 (gjf). (Entered: 08/22/2013)

1 Exhibit List

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2 Exhibits 1-11

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3 Exhibits 12-20

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Aug. 21, 2013

Aug. 21, 2013

PACER
31

ORDER granting 28 motion for leave to file excess page; plaintiffs' proposed brief 30 is accepted for filing; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER

Copy of Order on Motion for Leave to File Excess Pages 31 sent via U.S. Mail to plaintiffs Heard, Moses, Johnson & Nelson (gjf)

Aug. 26, 2013

Aug. 26, 2013

PACER

Copies Mailed

Aug. 26, 2013

Aug. 26, 2013

PACER

Change of Address - Prisoner or Pro Se

Sept. 17, 2013

Sept. 17, 2013

PACER
32

MOTION to stay Discovery, with proposed Order by defendants Tom Finco, Mike Martin, Brad Purves; (Attachments: # 1 Proposed Order)(Soros, Allan) (Entered: 09/17/2013)

1 Proposed Order

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Sept. 17, 2013

Sept. 17, 2013

PACER
33

BRIEF in support of MOTION to stay Discovery, with proposed Order 32, Index of Discovery Exhibits, and Exhibit A filed by Tom Finco, Mike Martin, Brad Purves (Attachments: # 1 Index of Discovery Exhibits, # 2 Exhibit A--Plaintiffs' Discovery Requests.pdf)(Soros, Allan) (Entered: 09/17/2013)

1 Index of Discovery Exhibits

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2 Exhibit A--Plaintiffs' Discovery Requests.pdf

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Sept. 17, 2013

Sept. 17, 2013

PACER
34

CERTIFICATE OF SERVICE by defendants Tom Finco, Mike Martin, Brad Purves re Brief in Support of a Motion, 33, MOTION to stay Discovery, with proposed Order 32, Index of Discovery Exhibits, and Exhibit A (Soros, Allan) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER

CHANGE OF ADDRESS for plaintiff William Johnson #235820 to Chippewa Correctional Facility from document 34 and MDOC (gjf) Modified text on 9/18/2013 (gjf).

Sept. 17, 2013

Sept. 17, 2013

PACER
35

RESPONSE in opposition to MOTION to stay Discovery, with proposed Order 32 filed by Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771 (Attachments: # 1 Rule 56(f) Affidavit for Discovery)(gjf) (Entered: 09/26/2013)

1 Rule 56(f) Affidavit for Discovery

View on PACER

Sept. 26, 2013

Sept. 26, 2013

PACER
36

ORDER FOR RESPONSE TO PLAINTIFFS' MOTION 23 TO HOLD DEFENDANTS IN CONTEMPT OF COURT: Defendants to file within 14 days; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER

Copy of Order Regarding Response to Motion 36 sent via U.S. Mail to plaintiffs Heard, Moses, Johnson & Nelson (gjf)

Oct. 3, 2013

Oct. 3, 2013

PACER

Copies Mailed

Oct. 3, 2013

Oct. 3, 2013

PACER
37

REPLY to response to motion 32 (document named as Response to Plaintiffs' Rule 56 Affidavit) filed by Tom Finco, Mike Martin, Brad Purves (Attachments: # 1 Exhibit A)(Soros, Allan) Modified text on 10/9/2013 (gjf). (Entered: 10/08/2013)

1 Exhibit A

View on PACER

Oct. 8, 2013

Oct. 8, 2013

PACER

Copies Mailed

Oct. 10, 2013

Oct. 10, 2013

PACER
38

CHANGE OF ADDRESS for plaintiff Lamont Heard #252329 to chippewa Correctional Facility (ald) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER

Copy of Order Regarding Response to Motion 36 sent via U.S. Mail to Lamont Heard #252329 to new address on Chippewa MSP (ald)

Oct. 10, 2013

Oct. 10, 2013

PACER
39

RESPONSE TO CROSS MOTION for summary judgment (taken from document 29 ) with certificate of service filed by Tom Finco, Mike Martin, Brad Purves (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Soros, Allan) Modified text on 10/17/2013 (gjf). (Entered: 10/16/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

Oct. 16, 2013

Oct. 16, 2013

PACER
40

RESPONSE TO MOTION for contempt (document named as motion to hold defendants in contempt of court for refusing to comply with preliminary injunction order) 23 with certificate of service filed by Tom Finco, Mike Martin, Brad Purves (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Soros, Allan) Modified text on 10/17/2013 (gjf). (Entered: 10/16/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Oct. 16, 2013

Oct. 16, 2013

PACER
41

REPLY to response to motion 23 (document named as letter of clarification) filed by Lamont Heard #252329, William Johnson #235820 (gjf) Modified text on 10/21/2013 (gjf). (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
42

PROOF OF SERVICE by plaintiffs Lamont Heard #252329, William Johnson #235820 re Reply to Response to Motion 41 (gjf) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
43

MOTION for order (document named as motion for the court to treat as true the facts set forth in their motion to hold defendants in contempt because defendants failed to file a responsive pleading admitting or denying the contemptuous conduct) by plaintiffs Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771; (gjf) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
44

PROOF OF SERVICE by plaintiff Lamont Heard #252329 re MOTION for order (document named as motion for the court to treat as true the facts set forth in their motion to hold defendants in contempt because defendants failed to file a responsive pleading admitting or denying the contemptuous conduct) 43 (gjf) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
45

RESPONSE TO MOTION for order (document named as motion for the court to treat as true the facts set forth in their motion to hold defendants in contempt because defendants failed to file a responsive pleading admitting or denying the contemptuous conduct) 43 filed by Tom Finco, Mike Martin, Brad Purves (Soros, Allan) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
46

CERTIFICATE OF SERVICE by defendants Tom Finco, Mike Martin, Brad Purves re Response to Motion, 45 for the Court to Treat as True the Facts Set Forth in Their Motion to Hold Defendants in Contempt (D/E #43) (Soros, Allan) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
47

MOTION for hearing to schedule a show cause hearing; evidentiary hearing, MOTION for order to issue three subpoenas for non-party witnesses to appear at hearing, MOTION for leave to file reply to defendants' response to palintiffs' contempt motion by plaintiffs Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771; (Attachments: # 1 Exhibit 1, # 2 Attachment 1 - Proof of Service)(jlg) (Entered: 11/01/2013)

1 Exhibit 1

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2 Attachment 1 - Proof of Service

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Oct. 31, 2013

Oct. 31, 2013

PACER
48

REPLY to response to CROSS MOTION for summary judgment (taken from document 29 ) filed by Lamont Heard #252329, William Johnson #235820 (pjw) (Entered: 11/14/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
49

PROOF OF SERVICE by plaintiff William Johnson #235820 re Reply to Response to Motion 48 (pjw) (Entered: 11/14/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
50

CHANGE OF ADDRESS for plaintiff Jamero T. Moses #231885 to Handlon (MSP) (pjw) (Entered: 12/05/2013)

Dec. 4, 2013

Dec. 4, 2013

PACER
51

MOTION for leave to file amended response to defenants' motion for summary judgment by plaintiffs Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771; (Attachments: # 1 Exhibit A)(pjw) (Entered: 02/19/2014)

1 Exhibit A

View on PACER

Feb. 14, 2014

Feb. 14, 2014

PACER
52

PROOF OF SERVICE by plaintiff Lamont Heard #252329 re MOTION for leave to file amended response to defenants' motion for summary judgment 51 (pjw) (Entered: 02/19/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
53

ORDER granting 51 motion for leave to file amended response; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 02/24/2014)

Feb. 24, 2014

Feb. 24, 2014

PACER
54

(DISREGARD) ORDER granting 32 motion to stay discovery; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw) Modified text on 2/24/2014; replaced by entry 55 (jlg). (Entered: 02/24/2014)

Feb. 24, 2014

Feb. 24, 2014

PACER
55

ORDER granting defendants' motion to stay discovery 32 ; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 02/24/2014)

Feb. 24, 2014

Feb. 24, 2014

PACER

Copy of Orders 53 and 55 sent via U.S. Mail to plaintiffs Heard, Moses, Johnson and Nelson (pjw)

Feb. 25, 2014

Feb. 25, 2014

PACER

Copies Mailed

Feb. 25, 2014

Feb. 25, 2014

PACER
56

REPORT AND RECOMMENDATION re 24, 29 ; objections to R&R due within 14 days; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 02/25/2014)

Feb. 25, 2014

Feb. 25, 2014

RECAP

Copy of Report and Recommendation 56 sent via U.S. Mail to plaintiffs Heard, Moses, Johnson and Nelson (pjw)

Feb. 26, 2014

Feb. 26, 2014

PACER

Copies Mailed

Feb. 26, 2014

Feb. 26, 2014

PACER
57

OBJECTION by plaintiffs Lamont Heard #252329, William Johnson #235820, Jamero T. Moses #231885, Anthony Nelson #210771 to Report and Recommendation 56 (Attachments: # 1 Exhibit 1-6)(pjw) (Entered: 03/13/2014)

1 Exhibit 1-6

View on PACER

March 12, 2014

March 12, 2014

PACER
58

ORDER (1) SETTING HEARING ON PLAINTIFFS' MOTION 23 TO HOLD DEFENDANTS IN CONTEMPT; (2) DENYING PLAINTIFFS' MOTION 43 TO TREAT FACTS SET FORTH IN PLAINTIFFS' MOTION AS TRUE; AND (3) GRANTING IN PART PLAINTIFFS' MOTION 47 FOR AN EVIDENTIARY HEARING AND ISSUANCE OF THREE SUBPOENAS: Motion 23 hearing set for 4/28/2014 at 10:00 AM before Judge Quist; Plaintiffs shall attend by telephone; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

PACER

Copy of Order on Motion for Order, Order on Motion for Hearing,, Order on Motion for Leave to File 58 sent via U.S. Mail to Lamomt Heard #252329, Jamero T. Moses #231885, William Johnson #235820, Anthony Nelson #210771 (jlg)

March 25, 2014

March 25, 2014

PACER

Copies Mailed

March 25, 2014

March 25, 2014

PACER
59

ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION 56 re 24, 29 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

RECAP

Copy of Order Regarding Report and Recommendation 59 sent via U.S. Mail to Anthony Nelson #210771, Jamero T. Moses #231885, Lamont Heard #252329, William Johnson #235820 (jlg)

April 1, 2014

April 1, 2014

PACER

Copies Mailed

April 1, 2014

April 1, 2014

PACER
60

ANSWER to complaint 1 with affirmative defenses and jury demand by Tom Finco, Mike Martin, Brad Purves(Soros, Allan) (Entered: 04/01/2014)

April 1, 2014

April 1, 2014

PACER
61

CERTIFICATE OF SERVICE by defendants Tom Finco, Mike Martin, Brad Purves re Answer to Magistrate-Referred Complaint 60, Affirmative Defenses and Jury Demand (Soros, Allan) (Entered: 04/01/2014)

April 1, 2014

April 1, 2014

PACER
62

ATTORNEY SUBSTITUTION adding attorney John L. Thurber in the place of Allan J. Soros (Thurber, John) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

DOJ Civil Rights Division Statements of Interest

Key Dates

Filing Date: March 26, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Muslim Inmates at Lakeland Correctional Facility who wished to fast for Ramadan.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan 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)

Ex Parte Young (Federal) or Bivens

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General:

Food service / nutrition / hydration

Language access/needs

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run