Case: Moussazadeh v. Texas Dept. of Criminal Justice

3:07-cv-00574 | U.S. District Court for the Southern District of Texas

Filed Date: March 5, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On October 12, 2005, an inmate in the Eastham Unit of the Texas Department of Criminal Justice filed this lawsuit in the U.S. District Court for the Eastern District of Texas. The plaintiff sued the Texas Department of Criminal Justice (TDCJ), its executive director, and the warden of the Eastham Unit under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §2000, and Texas State Code §110.001. The plaintiff alleged that the TDCJ and specifically the Eastham Unit deni…

On October 12, 2005, an inmate in the Eastham Unit of the Texas Department of Criminal Justice filed this lawsuit in the U.S. District Court for the Eastern District of Texas. The plaintiff sued the Texas Department of Criminal Justice (TDCJ), its executive director, and the warden of the Eastham Unit under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §2000, and Texas State Code §110.001. The plaintiff alleged that the TDCJ and specifically the Eastham Unit denied him access to a kosher diet, which he required as part of his sincere religious belief. The plaintiff, represented by private counsel, sought preliminary and permanent injunctive relief. This case was assigned to Judge George C. Hanks, Jr.

On December 19, 2005, this case was consolidated with a similar case also regarding the rights of a Jewish inmate under RLUIPA. On April 6, 2006, both parties moved to stay the litigation pending settlement negotiations to address both plaintiffs’ claims. This was approved on April 12, 2006. The court requested progress reports at the beginning of each month regarding the status of settlement negotiations. In September of 2006, the second plaintiff who joined the case passed away. The consolidation order was withdrawn on October 16, 2006.

The parties continued to file status reports on settlement negotiations, but on June 1, 2007 the plaintiff was transferred to the Stringfellow unit where a kosher kitchen was recently put in operation. On November 20, 2007, this case was transferred to the Southern District of Texas because the court determined that was a more proper venue as the Stringfellow unit was located in the Southern District. Based upon this transfer, on August 22, 2008, the defendants moved to dismiss the case and, in the alternative, moved for summary judgment. They argued that the plaintiff received the relief sought. However, the plaintiff filed an amended complaint on September 11, 2008 claiming that the defendants refused to guarantee that he would receive kosher meals if transferred to another unit.

On March 26, 2009, the court granted the defendants’ motion to dismiss on the grounds that the plaintiff received the relief sought. Further, the court ruled that the plaintiff’s amended complaint regarding the defendant’s future actions was inconsequential on the grounds that he could always file another suit and that government actors should be “accorded a presumption of good faith because they are public servants.”

The plaintiff appealed the judgment to the United States Court of Appeals for the Fifth Circuit on April 10, 2009. While the appeal was pending, the plaintiff was transferred to the Stiles Unit for disciplinary reasons. There, kosher meals were available for purchase but not provided. The Fifth Circuit remanded the case to the district court on February 5, 2010. The Fifth Circuit found that this case was no longer moot since the conditions the plaintiff complained of about had substantially changed following his transfer. 364 Fed. Appx. 110.

On December 10, 2010, the parties filed cross motions for summary judgment. Their motions were fully briefed and the Department of Justice Civil Rights Division (DOJ) filed a brief arguing that the defendants had not met their burden of demonstrating a compelling government interest to justify the substantial burden placed on the plaintiff given the refusal to provide him with a kosher diet. Further, the defendants did not show that this refusal was the least restrictive means of furthering the defendants’ interest.

On September 20, 2011, the court granted summary judgment in favor of the defendants on two grounds: (1) that the plaintiff’s claim was barred by the Prison Litigation Reform Act’s (PLRA) exhaustion requirement and (2) that the defendants established the plaintiff’s “lack of sincerity regarding [his] kosher practice as a matter of law.” 2011 WL 4376482. Since RLUIPA required the inmate show a substantial burden on his religious belief, a necessary component of this burden was to establish that his religious belief was sincere. The court found that the plaintiff only offered a conclusory declaration that his religious dietary needs were sincere, and rather “his personal desire to harass defendants with an unnecessary lawsuit took precedence…” Id.

The plaintiff filed an appeal on October 14, 2011 and on December 21, 2012 the Fifth Circuit reversed and remanded to the district court. The Fifth Circuit disagreed that the plaintiff’s claim was barred by the PLRA’s exhaustion requirement. The Court held, contra the district court, that the plaintiff did not need to “re-exhaust” his grievance due to the changed circumstances in the case. The Fifth Circuit also found that the defendants had not proved the plaintiff’s lack of sincerity and that religious lapses were not equal to insincerity. Accordingly, the Fifth Circuit found that there was a remaining factual question: whether there was a less restrictive means for minimizing costs and maintaining security than to force the plaintiff to pay for his kosher meal. The court said that if there was a less restrictive means, then RLUIPA commands that the defendants adopt it. 2012 WL 6635226.

This case went back to the district court where the discovery process continued until April 4, 2014 when the parties again moved to stay the case in order to negotiate a settlement. The parties ultimately reached a private settlement agreement. According to a court-mandated status report, the plaintiff had been moved from the Stiles Unit back to the Stringfellow Unit on April 18, 2013 where he was participating in the Jewish dietary program and receiving kosher meals. On January 8, 2016, both parties issued a Joint Stipulation of Dismissal, which was granted on March 31, 2017.

This case is now closed.

Summary Authors

Nichollas Dawson (10/5/2017)

Hannah Greenhouse (3/22/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4397005/parties/moussazadeh-v-texas-department-of-criminal-justice/


Judge(s)

Barksdale, Rhesa Hawkins (Mississippi)

Dennis, James L. (Louisiana)

Hanks, George Carol Jr. (Texas)

Harmon, Melinda (Texas)

Jolly, E. Grady (Mississippi)

King, Carolyn Dineen (Texas)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Croft, William Scott (District of Columbia)

Donnelly, Matthew J. (District of Columbia)

Gardner, Allen M. (District of Columbia)

Judge(s)

Barksdale, Rhesa Hawkins (Mississippi)

Dennis, James L. (Louisiana)

Hanks, George Carol Jr. (Texas)

Harmon, Melinda (Texas)

Jolly, E. Grady (Mississippi)

King, Carolyn Dineen (Texas)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Croft, William Scott (District of Columbia)

Donnelly, Matthew J. (District of Columbia)

Gardner, Allen M. (District of Columbia)

Gaubatz, Derek L. (District of Columbia)

Goodrich, Luke W. (District of Columbia)

Knapp, James C. Jr. (District of Columbia)

Lee, Ronald H. (District of Columbia)

Murchison, Matthew Todd (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Palmer, David Paul (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rassbach, Eric C (District of Columbia)

Robinson, Anne Wylde (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Defendant

Cunniff, Celamine (Texas)

Moran, Nathaniel Q. (Texas)

Ward, George Baxter IV (Texas)

Other Attorney(s)

Rifkin, Lori Ellen (District of Columbia)

Documents in the Clearinghouse

Document

3:07-cv-00574

Docket [PACER]

April 10, 2017

April 10, 2017

Docket
1

3:07-cv-00574

Complaint

U.S. District Court for the Eastern District of Texas

Oct. 12, 2005

Oct. 12, 2005

Complaint
135

3:07-cv-00574

Opinion on Dismissal

2009 WL 819497

March 26, 2009

March 26, 2009

Order/Opinion

09-40400

Opinion

U. S. Court of Appeals for the Fifth Circuit

364 Fed.Appx. 110

Feb. 5, 2010

Feb. 5, 2010

Order/Opinion
211

3:07-cv-00574

Statement of Interest of The United States

April 8, 2011

April 8, 2011

Pleading / Motion / Brief
223

3:07-cv-00574

Opinion on Remand

2011 WL 4376482

Sept. 20, 2011

Sept. 20, 2011

Order/Opinion

09-40400

Opinion

U. S. Court of Appeals for the Fifth Circuit

703 F.3d 781

Dec. 21, 2012

Dec. 21, 2012

Order/Opinion
236

3:07-cv-00574

09-40400

Appeals from the United States District Court for the Southern District of Texas

Moussazadeh v. Texas Department of Criminal Justice

U. S. Court of Appeals for the Fifth Circuit

Dec. 21, 2012

Dec. 21, 2012

Order/Opinion

09-40400

Opinion

U. S. Court of Appeals for the Fifth Circuit

709 F.3d 487

Feb. 20, 2013

Feb. 20, 2013

Order/Opinion
242

3:07-cv-00574

Order

2014 WL 897928

March 6, 2014

March 6, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4397005/moussazadeh-v-texas-department-of-criminal-justice/

Last updated Aug. 8, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

Prisoner Civil Rights COMPLAINT against TDCJ-CID, Brad Livingston, David Sweeten (Filing fee $ 250.00) filed by Max Moussazadeh.(ceaton, ) (Entered: 12/17/2007)

Oct. 12, 2005

Oct. 12, 2005

Clearinghouse
2

(APPROVED) MOTION for Dane Holbrook to Appear Pro Hac Vice by Max Moussazadeh, filed. (ceaton, ) (Entered: 12/17/2007)

Oct. 12, 2005

Oct. 12, 2005

PACER
3

(APPROVED) MOTION for Derek L Gaubatz to Appear Pro Hac Vice by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/17/2007)

Oct. 12, 2005

Oct. 12, 2005

PACER
4

(APPROVED) MOTION for Joshua Chandler to Appear Pro Hac Vice by Max Moussazadeh, filed.(ceaton, ) (Entered: 12/17/2007)

Oct. 12, 2005

Oct. 12, 2005

PACER
5

(APPROVED) MOTION for Allen Gardner to Appear Pro Hac Vice by Max Moussazadeh, filed. (ceaton, ) (Entered: 12/17/2007)

Oct. 12, 2005

Oct. 12, 2005

PACER
6

(APPROVED) MOTION for Parker Douglas to Appear Pro Hac Vice by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/17/2007)

Oct. 12, 2005

Oct. 12, 2005

PACER
7

Magistrate Consent Form E-Mailed to Max Moussazadeh attorney's of record (ceaton, ) (Entered: 12/17/2007)

Oct. 12, 2005

Oct. 12, 2005

PACER
8

ANSWER to 1 Complaint with Jury Demand by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/17/2007)

Nov. 8, 2005

Nov. 8, 2005

PACER
9

PARTIAL MOTION to Dismiss 1 Complaint by TDCJ-CID, Brad Livingston, David Sweeten, filed.. (Attachments: # 1 Proposed Order)(ceaton, ) (Entered: 12/17/2007)

1 Proposed Order

View on PACER

Nov. 8, 2005

Nov. 8, 2005

PACER
10

RETURN of Service Executed as to TDCJ-CID on 10/28/05, filed.(ceaton, ) (Entered: 12/17/2007)

Nov. 15, 2005

Nov. 15, 2005

PACER
11

RETURN of Service Executed as to Brad Livingston on 10/20/05, filed.(ceaton, ) (Entered: 12/17/2007)

Nov. 15, 2005

Nov. 15, 2005

PACER
12

RETURN of Service Executed as to Brad Livingston Executive Director of the Texas Dept of Criminal Justice by delivering to Tina Rodriguez authorized to accept was served on 10/20/05, filed.(ceaton, ) (Entered: 12/17/2007)

Nov. 15, 2005

Nov. 15, 2005

PACER
13

RESPONSE in Opposition to 9 MOTION to Dismiss 1 Complaint, filed by Max Moussazadeh. (Attachments: # 1 Proposed Order)(ceaton, ) (Entered: 12/17/2007)

1 Proposed Order

View on PACER

Nov. 23, 2005

Nov. 23, 2005

PACER
14

MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendants' Partial Motion to Dismiss by Liberty Legal Institute, filed. (Attachments: # 1 Brief)(ceaton, )***Document deficient (no certificate of conference or certificate of service. Please ignore.*** (Entered: 12/17/2007)

1 Brief

View on PACER

Nov. 30, 2005

Nov. 30, 2005

PACER
15

REPORT of Rule 26(f)Planning Meeting by The Becket Fund for Religious Liberty, filed.(ceaton, ) (Entered: 12/17/2007)

Dec. 1, 2005

Dec. 1, 2005

PACER
16

NOTICE of Appearance by George Ward on behalf of TDCJ-CID, Brad Livingston, David Sweeten, filed. (ceaton, ) (Entered: 12/17/2007)

Dec. 2, 2005

Dec. 2, 2005

PACER
17

MOTION to Consolidate Cases by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/17/2007)

Dec. 2, 2005

Dec. 2, 2005

PACER
18

RESPONSE/ REPLY to Response to 9 MOTION to Dismiss 1 Complaint, filed by TDCJ-CID, Brad Livingston, David Sweeten. (ceaton, ) (Entered: 12/17/2007)

Dec. 5, 2005

Dec. 5, 2005

PACER
19

SCHEDULING ORDER setting cae specific deadlines. Signed by Judge Judith K Guthrie, filed.(ceaton, ) (Entered: 12/17/2007)

Dec. 5, 2005

Dec. 5, 2005

PACER
20

NOTICE of Disclosure by TDCJ-CID, Brad Livingston, David Sweeten, filed. (ceaton, ) (Entered: 12/17/2007)

Dec. 9, 2005

Dec. 9, 2005

PACER
21

NOTICE of Disclosure by Max Moussazadeh, filed. (ceaton, ) (Entered: 12/17/2007)

Dec. 9, 2005

Dec. 9, 2005

PACER
22

MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendants' Partial Motion to Dismiss by Liberty Legal Institute, filed.. (Attachments: # 1 Brief# 2 Proposed Order)(ceaton, ) (Entered: 12/17/2007)

1 Brief

View on PACER

2 Proposed Order

View on PACER

Dec. 9, 2005

Dec. 9, 2005

PACER
23

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Max Moussazadeh, filed. (Attachments: # 1 # 2 Exhibit # 3 Exhibit)(ceaton, ) (Entered: 12/17/2007)

2 Exhibit

View on PACER

3 Exhibit

View on PACER

Dec. 19, 2005

Dec. 19, 2005

PACER
24

WITHDRAWN PER (62) ORDERORDER granting Motion to consolidate cases. It is Ordered that Moussazadeh vs TDCJ #9:05cv197 and David vs TDCJ #9:04cv5, are consolidated with the lead case being Civil Action No. 9:05cv197. The scheduling order previously entered in Civil Action 9:05cv197 remains in effect and will govern the consolidated cases.Signed by Judge Judith K. Guthrie on 12/19/05, filed.(ceaton, ) (Entered: 12/17/2007)

Dec. 19, 2005

Dec. 19, 2005

PACER
25

ORDER granting Motion for Leave to File amicus curiae brief of Liberty Legal Institute in opposition to dft's partial motion to dismiss. The Clerk shall file the amicus brief attached to the motion for leave. Signed by Judith K Guthrie.() Parties notified.(ceaton, ) (Entered: 12/17/2007)

Dec. 19, 2005

Dec. 19, 2005

PACER
26

AMICUS CURIAE BRIEF by Liberty Legal Institute, filed.(ceaton, ) (Entered: 12/18/2007)

Dec. 19, 2005

Dec. 19, 2005

PACER
27

NOTICE of Disclosure by Brad Livingston, David Sweeten, TDCJ-CID, filed. (ceaton, ) (Entered: 12/18/2007)

Dec. 22, 2005

Dec. 22, 2005

PACER
28

NOTICE by David Sweet, TDCJ-CID, Brad Livingston re: 23 Appeal of Magistrate Judge Decision to District Court, Defendants Response to Plaintiff's Objections to Magistrate Judges Scheduling Order by TDCJ-CID, Brad Livingston, David Sweeten, filed. (ceaton, ) (Entered: 12/18/2007)

Dec. 30, 2005

Dec. 30, 2005

PACER
29

OBJECTIONS to the Courts denial of (80) Motion to Intervene in 9:04-CV5, filed by Ricky Long. (ceaton, ) (Entered: 12/18/2007)

Jan. 4, 2006

Jan. 4, 2006

PACER
30

MOTION for Reconsideration of (80) Motion to Intervene filed in the consolidated case 9:04-CV-5 by Ricky Long, filed.. (ceaton, ) (Entered: 12/18/2007)

Jan. 4, 2006

Jan. 4, 2006

PACER
31

NOTICE By Max Moussazadeh re: 28 Notice Plaintiff's Reply in Support of Objections to Magistrate Judge's Scheduling Order, filed. (ceaton, ) (Entered: 12/18/2007)

Jan. 6, 2006

Jan. 6, 2006

PACER
32

REPORT AND RECOMMENDATIONS that (57) and (57) Motions for Summary Judgment (filed in Civil Action No. 9:04cv5) should be denied without prejudice. Signed by Judith K Guthrie on 1/8/06 Objections to R&R due by 1/24/2006. Parties notified.(ceaton, ) (Entered: 12/18/2007)

Jan. 9, 2006

Jan. 9, 2006

PACER
33

REPORT AND RECOMMENDATIONS that the (9)Motion to Dismiss filed by TDCJ-CID, Brad Livingston, David Sweeten be granted and that the TRFA claim be dismissed without prejudice to being pursued in state court. Signed by Judge Judith K Guthrie on 1/9/06. Objections to R&R due by 1/24/2006. Parties notified.(ceaton, ) (Entered: 12/18/2007)

Jan. 9, 2006

Jan. 9, 2006

PACER
34

NOTICE of Disclosure by TDCJ-CID, Brad Livingston, David Sweeten Notice of Second Supplemental Disclosure, filed. (ceaton, ) (Entered: 12/18/2007)

Jan. 10, 2006

Jan. 10, 2006

PACER
35

ACKNOWLEDGMENT OF SERVICE on 1/5/06 re: (24) Order on Motion to Consolidate Cases received on 1/5/06, filed.(ceaton, ) (Entered: 12/18/2007)

Jan. 10, 2006

Jan. 10, 2006

PACER
36

ORDER denying 23 objection to the scheduling order and denying 29 Objections and denying 30 MOTION for Reconsideration. Plaintiffs and defendants need to designate a lead attorney, and documents should be filed only by the designated lead attorney. Signed by Judge Thad Heartfield. Parties notified.(ceaton, ) (Entered: 12/18/2007)

Jan. 11, 2006

Jan. 11, 2006

PACER
37

NOTICE of Appearance by Marjolyn Carol Gardner on behalf of TDCJ-CID, Brad Livingston, David Sweeten, filed. (ceaton, ) (Entered: 12/18/2007)

Jan. 12, 2006

Jan. 12, 2006

PACER
38

NOTICE of Appearance by Dane A Holbrook on behalf of Max Moussazadeh, filed. (ceaton, ) (Entered: 12/18/2007)

Jan. 13, 2006

Jan. 13, 2006

PACER
39

ACKNOWLEDGMENT OF SERVICE by Max Moussazadeh on 1/13/06 re: (32) Report and Recommendations, filed.(ceaton, ) (Entered: 12/18/2007)

Jan. 19, 2006

Jan. 19, 2006

PACER
40

ACKNOWLEDGMENT OF SERVICE by Max Moussazadeh on 1/13/06 re: (33) Report and Recommendations, filed.(ceaton, ) (Entered: 12/18/2007)

Jan. 19, 2006

Jan. 19, 2006

PACER
41

MOTION to Amend/Correct Unopposed Motion to Adopt Pleadings and Orders by by TDCJ-CID, Brad Livingston, David Sweeten, filed.. (ceaton, ) (Entered: 12/18/2007)

Jan. 24, 2006

Jan. 24, 2006

PACER
42

ORDER granting 41 MOTION to Amend /Adopt Pleadings and Orders. All pleadings and the Court's order regarding the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000 filed in Civil Action No. 9:04cv5 are incorporated in the consolidated cases. Signed by Judge Thad Heartfield. Parties notified.(ceaton, ) (Entered: 12/18/2007)

Jan. 26, 2006

Jan. 26, 2006

PACER
43

OBJECTIONS to 32 Report and Recommendations, filed by Gerald Yale David. (ceaton, ) (Entered: 12/18/2007)

Jan. 30, 2006

Jan. 30, 2006

PACER
44

NOTICE by Gerald Yale David regarding mail, filed. (ceaton, ) (Entered: 12/18/2007)

Feb. 3, 2006

Feb. 3, 2006

PACER
45

MOTION for Reconsideration of 36 Order, by Gerald Yale David, filed.. (ceaton, ) (Entered: 12/18/2007)

Feb. 3, 2006

Feb. 3, 2006

PACER
46

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 32 Report and Recommendations. and denying without prejudice the Motions for Summary Judgment (docket entry numbers 57 & 58 filed in Civil Action No.9:04cv5). Signed by Judge Thad Heartfield. Parties notified.(ceaton, ) (Entered: 12/18/2007)

Feb. 6, 2006

Feb. 6, 2006

PACER
47

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 33 Report and Recommendations, and granting (9) Motion to Dismiss plaintiff's TRFA claim. Plaintiff's TRFA claim is dismissed without prejudice to being pursued in state court. Signed by Judge Thad Heartfield. Parties notified.(ceaton, ) (Entered: 12/18/2007)

Feb. 6, 2006

Feb. 6, 2006

PACER
48

MOTION to Amend/Correct 19 Scheduling Order by TDCJ-CID, Brad Livingston, David Sweeten, filed.. (ceaton, ) (Entered: 12/18/2007)

Feb. 6, 2006

Feb. 6, 2006

PACER
49

ORDER denying 45 MOTION for Reconsideration of 36 Order,.The Clerk shall return unfiled any new motion filed by Long or any other party that seeks to permit Long to intervene in this lawsuit. Signed by Judge Thad Heartfield, Parties notified.(ceaton, ) (Entered: 12/18/2007)

Feb. 8, 2006

Feb. 8, 2006

PACER
50

ORDER granting 48 MOTION to Amend 19 Scheduling Order. The new deadlines in effect are as follows: 5/3/06-completion of discovery; 5/31/06-file dispositive motions; 6/16/06-file responses to dispositive motions. Signed by Judge Judith K Guthrie. Parties notified.(ceaton, ) (Entered: 12/18/2007)

Feb. 8, 2006

Feb. 8, 2006

PACER
52

ACKNOWLEDGMENT OF SERVICE by Max Moussazadeh on 2/22/06 re: (50) Order on Motion to Amend/Correct, filed.(ceaton, ) (Entered: 12/18/2007)

Feb. 24, 2006

Feb. 24, 2006

PACER
53

NOTICE by TDCJ-CID, Brad Livingston, David Sweeten of Vaction, filed. (ceaton, ) (Entered: 12/18/2007)

April 6, 2006

April 6, 2006

PACER
54

JOINT MOTION to Stay Litigation by TDCJ-CID, Brad Livingston, David Sweeten, Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/18/2007)

April 7, 2006

April 7, 2006

PACER
55

ORDER granting 54 MOTION to Stay. All deadlines are tolled until further orders are issued by the Court. The Parties are to submit a joint status report at the beginning of each month, starting on 6/1/06, regarding the status of efforts to reach a settlementSigned by Judge Judith K Guthrie Parties notified.(ceaton, ) (Entered: 12/18/2007)

April 12, 2006

April 12, 2006

PACER
56

MOTION for Extension of Time to file Settlement Report by TDCJ-CID, Brad Livingston, David Sweeten, filed.. (ceaton, ) (Entered: 12/18/2007)

May 26, 2006

May 26, 2006

PACER
57

ORDER granting 56 MOTION for Extension of Time to file Settlement Report. The first settlement report is now due by 7/1/06. Signed by Judge Judith K Guthrie Parties notified.(ceaton, ) (Entered: 12/18/2007)

May 30, 2006

May 30, 2006

PACER
58

STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, Max Moussazadeh, filed.(ceaton, ) (Entered: 12/18/2007)

June 30, 2006

June 30, 2006

PACER
51

ACKNOWLEDGMENT OF SERVICE by Max Moussazadeh on 2/22/06 re: (46) Order Adoping Report and Recommendations, (47) Order Adopting Report and Recommendations, filed.(ceaton, ) (Entered: 12/18/2007)

July 24, 2006

July 24, 2006

PACER
59

STATUS REPORT for July 2006 (Joint) by TDCJ-CID, Brad Livingston, David Sweeten, Max Moussazadeh, filed.(ceaton, ) Modified on 12/18/2007 (ceaton, ). (Entered: 12/18/2007)

Aug. 1, 2006

Aug. 1, 2006

PACER
60

STATUS REPORT for August 2006 by TDCJ-CID, Brad Livingston, David Sweeten, Max Moussazadeh, filed.(ceaton, ) Additional attachment(s) added on 12/18/2007 (ceaton, ). (Entered: 12/18/2007)

Oct. 6, 2006

Oct. 6, 2006

PACER
61

STATUS REPORT For September 2006, by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)

Oct. 6, 2006

Oct. 6, 2006

PACER
62

ORDER WITHDRAWING (24) Order on Motion to Consolidate Cases. Signed by Judge Judith K Guthrie.( Parties notified.(ceaton, ) (Entered: 12/18/2007)

Oct. 16, 2006

Oct. 16, 2006

PACER
63

STATUS REPORT October 2006, by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) Modified on 12/20/2007 (ltien, ). (Entered: 12/18/2007)

Nov. 20, 2006

Nov. 20, 2006

PACER
64

STATUS REPORT for November 2006, by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)

Dec. 4, 2006

Dec. 4, 2006

PACER
65

STATUS REPORT for January and February 2007 by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)

Jan. 26, 2007

Jan. 26, 2007

PACER
66

NOTICE of Appearance by David Paul Palmer on behalf of Max Moussazadeh, filed. (ceaton, ) (Entered: 12/18/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
67

STATUS REPORT for March 2007, by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)

March 1, 2007

March 1, 2007

PACER
68

ORDER SETTING STATUS CONFERENCE, Status Conference set for 4/25/07 10:00 AM before Magistrate Judge Judith K Guthrie in Tyler. The State of Texas shall produce Max Moussazadeh at the US Marshal's office for this hearing. Signed by Judge Judith K Guthrie.() Parties notified.(ceaton, ) (Entered: 12/18/2007)

March 5, 2007

March 5, 2007

PACER
69

MOTION for Dane Holbrook, Joshua Chandler and Parker Douglas to Withdraw as Attorney by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/18/2007)

March 13, 2007

March 13, 2007

PACER
70

ORDER granting 69 MOTION for Dane Holbrook, Joshua Chandler and Parker Douglas to Withdraw as Attorney. Signed by Judge Judith K Guthrie, Parties notified.(ceaton, ) Modified on 12/18/2007 (ceaton, ). (Entered: 12/18/2007)

March 15, 2007

March 15, 2007

PACER
71

(approved-fees paid) MOTION for William Scott Croft to Appear Pro Hac Vice by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/18/2007)

March 27, 2007

March 27, 2007

PACER
72

STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)

April 2, 2007

April 2, 2007

PACER
73

Minute Entry for proceedings held before Judge Judith K Guthrie: Status Conference held on 4/25/07. Court continues stay and requirement that monthly status report be filed. Court reporter Ron Mason(ceaton, ) (Entered: 12/18/2007)

April 25, 2007

April 25, 2007

PACER
74

EXHIBITSWitness List from Status Conference, filed.(ceaton, ) (Entered: 12/18/2007)

April 25, 2007

April 25, 2007

PACER
75

STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)

June 1, 2007

June 1, 2007

PACER
76

STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)

July 2, 2007

July 2, 2007

PACER
77

STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
78

STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/18/2007)

Sept. 5, 2007

Sept. 5, 2007

PACER
79

STATUS REPORT by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/19/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
80

TRANSCRIPT of Proceedings held on 4/25/07, before Judge Judith K Guthrie, Court Reporter: Ron Mason. (ceaton, ) Additional attachment(s) added on 12/21/2007 (ltien, ). (Entered: 12/19/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
81

NOTICE by TDCJ-CID, Brad Livingston, David Sweeten(Vacation Notice/Letter), filed. (ceaton, ) (Entered: 12/19/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
82

STATUS REPORT by Max Moussazadeh, filed.(ceaton, ) (Entered: 12/19/2007)

Nov. 9, 2007

Nov. 9, 2007

PACER
83

NOTICE of Appearance by Ronald H Lee on behalf of Max Moussazadeh, filed. (ceaton, ) (Entered: 12/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
84

MOTION for David P Palmer to Withdraw as Attorney by Max Moussazadeh, filed.. (ceaton, ) (Entered: 12/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
85

MOTION to Lift Stay by Max Moussazadeh, filed.. (ceaton, ) Modified on 2/12/2008 (ltrevino, ). (Entered: 12/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
86

ORDER transferring this case to the Southern District of Texas, Galveston Division, Signed by Judge Judith K Guthrie. Parties notified.(ceaton, ) (Entered: 12/19/2007)

Nov. 20, 2007

Nov. 20, 2007

PACER
87

STATUS REPORT for October 2007, by TDCJ-CID, Brad Livingston, David Sweeten, filed.(ceaton, ) (Entered: 12/19/2007)

Nov. 20, 2007

Nov. 20, 2007

PACER
88

Additional Attachments to Main Document (85) Motion to Lift Stay by Max Moussazadeh, filed.(ceaton, ) (Entered: 12/19/2007)

Nov. 27, 2007

Nov. 27, 2007

PACER
89

Case transferred in from Eastern District of Texas Lufkin Division. Case Number 9:05-CV-197 certified copy of transfer order, certified docket sheet, and transfer letter received.(ceaton, ) (Entered: 12/19/2007)

Dec. 13, 2007

Dec. 13, 2007

PACER
90

MOTION for Allen M Gardner to Appear Pro Hac Vice by Max Moussazadeh, filed. Motion Docket Date 1/15/2008. (ceaton, ) (Entered: 12/27/2007)

Dec. 26, 2007

Dec. 26, 2007

PACER
91

MOTION for Ronald H Lee to Appear Pro Hac Vice by Max Moussazadeh, filed. Motion Docket Date 1/15/2008. (ceaton, ) (Entered: 12/27/2007)

Dec. 26, 2007

Dec. 26, 2007

PACER
92

ORDER granting 90 Allen M Gardner's Motion to Appear Pro Hac Vice.( Signed by Judge Melinda Harmon ) Parties notified.(htippen, ) (Entered: 01/03/2008)

Jan. 3, 2008

Jan. 3, 2008

PACER
93

ORDER granting 91 Ronald H. Lee's Motion to Appear Pro Hac Vice.( Signed by Judge Melinda Harmon ) Parties notified.(htippen, ) (Entered: 01/03/2008)

Jan. 3, 2008

Jan. 3, 2008

PACER
94

MOTION for Eric C Rassbach to Appear Pro Hac Vice by Max Moussazadeh, filed. Motion Docket Date 1/30/2008. (ceaton, ) (Entered: 01/11/2008)

Jan. 10, 2008

Jan. 10, 2008

PACER
95

Mail Returned Undeliverable as to attorney William Scott Croft re: 92 Order on Motion to Appear Pro Hac Vice, filed. (ckrus, ) (Entered: 01/24/2008)

Jan. 23, 2008

Jan. 23, 2008

PACER
97

Mail Returned Undeliverable as to attorney David Paul Palmer re: 92 Order on Motion to Appear Pro Hac Vice, filed. (kosborne, ) (Entered: 02/12/2008)

Feb. 8, 2008

Feb. 8, 2008

PACER
96

Unopposed MOTION for William Scott Croft to Withdraw as Attorney by Max Moussazadeh, filed. Motion Docket Date 3/3/2008. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Lee, Ronald) (Entered: 02/11/2008)

1 Proposed Order

View on PACER

2 Certificate of Service

View on PACER

Feb. 11, 2008

Feb. 11, 2008

PACER
98

Mail Returned Undeliverable as to attorney William Scott Croft re: 93 Order on Motion to Appear Pro Hac Vice, filed. (jdav, ) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

PACER
99

Unopposed MOTION for Entry of Order re: Discovery Plan by Max Moussazadeh, filed. Motion Docket Date 3/6/2008. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Lee, Ronald) (Entered: 02/15/2008)

1 Proposed Order

View on PACER

2 Certificate of Service

View on PACER

Feb. 15, 2008

Feb. 15, 2008

PACER
100

Mail Returned Undeliverable as to attorney David Paul Palmer re: 93 Order on Motion to Appear Pro Hac Vice, filed. (Address Updated & Order Re-Noticed) (bdaniel, ) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

PACER

Case Details

State / Territory: Texas

Case Type(s):

Prison Conditions

Special Collection(s):

DOJ Civil Rights Division Statements of Interest

Multi-LexSum (in sample)

Key Dates

Filing Date: March 5, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jewish inmate of the Texas Department of Criminal Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas (Eastham Prison, Houston), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run