Case: Goodman v. Davis

2:12-cv-00166 | U.S. District Court for the Southern District of Texas

Filed Date: May 21, 2012

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On May 21, 2012, a Native American prisoner incarcerated at the McConnell Unit of the Texas Department of Criminal Justice (TDCJ) filed this lawsuit, pro se, in the U.S. District Court for the Southern District of Texas. The plaintiff sued five TDCJ employees under 42 U.S.C. § 1983: the Director of TDCJ, the Director of Chaplaincy Department, two chaplains, and the Deputy Director of Prison and Jail Operations. He claimed that TDCJ policies violated his rights under RLUIPA and the First Amendme…

On May 21, 2012, a Native American prisoner incarcerated at the McConnell Unit of the Texas Department of Criminal Justice (TDCJ) filed this lawsuit, pro se, in the U.S. District Court for the Southern District of Texas. The plaintiff sued five TDCJ employees under 42 U.S.C. § 1983: the Director of TDCJ, the Director of Chaplaincy Department, two chaplains, and the Deputy Director of Prison and Jail Operations. He claimed that TDCJ policies violated his rights under RLUIPA and the First Amendment. Specifically, he alleged that the TDCJ policies burdened the exercise of his religious beliefs by preventing him from: 1) smoking a prayer pipe during Native American pipe ceremonies; 2) wearing a religiously significant medicine bag other than within his cell and to and from religious ceremonies; 3) growing long hair, or alternatively, a kouplock, which is “a one inch square section of hair at the base of the skull.” Furthermore, he claimed the grooming policy violated his right to equal protection, because female prisoners were permitted to wear their hair long, but males were not.

The plaintiff sought declaratory and injunctive relief requiring TDCJ to: 1) hire more Native American chaplains; 2) have security personnel available to supervise ceremonies until more chaplains could be hired; 3) allow the plaintiff to grow his hair, or alternatively, a kouplock; 4) smoke a prayer pipe at pipe ceremonies; and 5) wear medicine bags at all times. In addition, the plaintiff sought damages and attorney’s fees and costs. Immediately after filing the complaint, the plaintiff moved to join another Native American prisoner claiming to experience the same deprivations, to whom the Court granted leave to join in June 2012.

On June 12, 2012, Judge Nelva Gonzales Ramos ordered the consolidation of Davis v. Thaler, docket number 2:12-cv-169 in the U.S. District Court for the Southern District of Texas, with this case because the two were duplicates of each other.

At an evidentiary hearing held in front of Magistrate Judge B. Janice Ellington on June 21, 2012, the plaintiff orally moved for and was granted permission to add three employees as defendants: the Program Analyst for Designated Units, the Director of Rehabilitative Programs, and the McConnell Unit Chaplain. The plaintiffs again moved to add an additional defendant on July 12, 2012, and Judge Ellington permitted the Regional Chaplain to be added the following September.

On August 16, 2012, the initial plaintiff moved for a temporary restraining order and preliminary injunctive relief. He alleged that he was not being allowed adequate time with his co-plaintiff in the law library to work on their lawsuit. Judge Ellington recommended denying this motion because the plaintiff had not explained what he could accomplish with more law library time and thus, did not suffer an irreparable injury. 2012 WL 4955289. Judge Ramos adopted these recommendations and denied the motion on October 16, 2012. 2012 WL 4959409.

On August 30, 2012, the McConnell Unit Chaplain filed a motion to dismiss, to which the plaintiffs agreed. The claims against McConnell Unit Chaplain were dismissed with prejudice.

On October 10, 2012, the Program Analyst moved to dismiss the claims against him. Judge Ellington recommended dismissing the plaintiffs’ claims for monetary damages against the Program Analyst in his official capacity, dismissing plaintiffs’ claims for injunctive relief against the Program Analyst in his individual capacity, and retaining the plaintiffs’ First Amendment claim for monetary damages against the Program Analyst in his individual capacity. On January 7, 2013, Judge Ramos adopted this recommendation.

The plaintiffs then filed an amended complaint on February 11, 2013 and consented to having a Magistrate Judge conduct all further proceedings. Shortly after, on February 22, 2013, they voluntarily dismissed all of their claims except their three RLUIPA challenges against the TDCJ Director in his official capacity and their First Amendment claim seeking damages against the Program Analyst in his individual capacity. The defendants also consented to proceed before a Magistrate Judge and Judge Ramos reassigned the case to Magistrate Judge Ellington for all further proceedings on April 29, 2013.

The defendants filed a motion for summary judgment on July 8, 2013. The plaintiffs responded with a cross-motion for summary judgment on July 19, 2013. Judge Ellington granted the defendants’ motion and entered a final judgment in the defendants’ favor for all claims on February 27, 2014. 2012 WL 4959409. On the RLUIPA claims, Judge Ellington found that the policies were a substantial burden on the plaintiffs’ exercise of their sincerely held beliefs, but that the defendants had demonstrated that they were employing the least restrictive means of furthering compelling governmental interests in security, controlling costs, and prison administration. On the First Amendment claim, Magistrate Judge Ellington found the Program Analyst defendant was entitled to qualified immunity because the plaintiffs had not established their First Amendment rights to exercise their religion had been violated. The plaintiffs appealed to the Fifth Circuit on April 2, 2014 and the docket number 14-40339 was assigned.

On July 6, 2016 the Fifth Circuit affirmed the district court’s judgment in part and vacated in part. (Circuit Judges Leslie H. Southwick and Gregg J. Costa, District Judge Halil Suleyman Ozerden). The Fifth Circuit affirmed summary judgment for the defendants on the First Amendment claim and the medicine bag RLUIPA claim because the plaintiffs failed to offer explanation as to how the district court erred in granting summary judgment in their appeal. In addition, the Fifth Circuit affirmed summary judgment for the defendants on the pipe ceremony RLUIPA claim, agreeing with the district court that the logistical, health, and security concerns of permitting the plaintiffs to purchase their own pipes and store them in the chaplain’s office outweighed the need for a religious accommodation. However, the Fifth Circuit vacated and remanded the grooming policy claim under RLUIPA because it was unclear if the district court considered all of the plaintiffs’ summary judgment evidence. Furthermore, the legitimacy of TDJC’s cost and security concerns over the wearing of a kouplock remained disputed, and the district court didn’t consider the plaintiffs’ claim in light of their individual circumstances as low security risk prisoners. 826 F.3d 258.

On remand, the district court ordered additional briefing. The defendants filed a motion for clarification of appeal, and on August 8, 2016, the Fifth Circuit clarified there was not a need for a trial at this time. Only additional briefing and a reexamination of the motion for summary judgment on the RLUIPA grooming policy claim was necessary. The parties then filed numerous replies and responses.

On March 7, 2017, Judge Ellington denied the defendant’s motion for summary judgment on plaintiffs’ RLUIPA grooming policy claim because there remained a material dispute as to whether the grooming policy was the least restrictive means of maintaining institutional security. 2017 WL 896299. Judge Ellington recommended that the Fifth Circuit remand the case for trial.

In November 2015, the initial prisoner plaintiff was released. In response, on December 21, 2017, the defendant moved to dismiss his claims. The defendant argued that the grooming policy no longer affected this plaintiff’s right to practice his Native American faith and the plaintiff lacked an injury that was likely to be redressed by a favorable decision. Judge Ellington agreed and granted the motion on January 25, 2018.

On March 2, 2018, the Court on its own motion ordered the consolidation of cases Casey v. Davis (2:14-cv-13) and Cobb v. Morris (2:14-cv-22) with this case. The plaintiffs in these cases challenged the same policies of TDJC, alleging that these policies conflicted with their right to practice their Native American faith in violation of RLUIPA and the First Amendment. Similar to Goodman v. Davis, only the plaintiffs’ RLUIPA grooming policy claim survived summary judgment and was set for trial. The cases were accordingly consolidated for trial in front of Judge Ramos. On March 5, 2018, the Court appointed pro-bono counsel from a private firm to represent each of the plaintiffs in the consolidated action. The plaintiffs had previously attempted to get counsel appointed four times, but each time were denied.

In July 2018, trial was set for August 29, 2018. Additionally, during this time, the plaintiffs filed a consolidated amended complaint, setting forth their RLUIPA grooming policy claim against the TDCJ Director together.

A bench trial was held before Judge Ramos from August 29, 2018 to August 31, 2018. Judge Ramos issued the Court’s findings of fact and conclusion of law on January 24, 2019. He granted the plaintiffs’ request for injunctive relief permitting them to grow their hair long, consistent with their Native American religious beliefs. The Court noted that the differences between male and female grooming policies was unrelated to any differences in violence, contraband, or hygiene. The Court highlighted how most jails, most state Department of Corrections, and the federal prison system allow male prisoners to have long hair. Furthermore, TDCJ’s employees testified they had never found contraband in long, loose hair and only nuisance contraband in braided hair, casting doubt on their alleged security interests. Finally, the defendant was unable to show that searches would take longer or that the plaintiffs, whom all had little or no history of disciplinary violations, posed any particular danger or threat to prison security.

Judge Ramos entered a final judgment in the plaintiffs’ favor on February 26, 2019 and enjoined the defendant from enforcing its male grooming policy against the plaintiffs with respect to the rules preventing the plaintiffs from growing their hair without restriction and wearing it loose. The plaintiffs were also awarded reasonable attorney’s fees and costs. Costs were later determined to be $9,803.19, and attorney's fees were $131,298.45.

On March 27, 2019, the defendant appealed Judge Ramos’ findings and final judgment to the Fifth Circuit, and the docket number 19-40279 was assigned. Shortly after, the defendant moved to dismiss its own appeal, and the Fifth Circuit granted the motion to dismiss the appeal on July 9, 2019. This case is now closed.

Summary Authors

Emily Kempa (7/29/2019)

Bogyung Lim (8/11/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5735684/parties/goodman-v-davis/


Judge(s)

Ellington, B. Janice (Texas)

Ozerden, Halil Suleyman (Mississippi)

Ramos, Nelva Gonzales (Texas)

Attorneys(s) for Plaintiff

Ellis, Robert K. (Texas)

Messer, Steven Charles (Texas)

Yetter, R. Paul (Texas)

Attorneys(s) for Defendant

Cunniff, Celamine (Texas)

Dower, Benjamin Lindberg (Texas)

Huntpalmer, Richard Armstrong (Texas)

Jacobs, Craig McCam (Texas)

Judge(s)

Ellington, B. Janice (Texas)

Ozerden, Halil Suleyman (Mississippi)

Ramos, Nelva Gonzales (Texas)

Attorneys(s) for Plaintiff

Ellis, Robert K. (Texas)

Messer, Steven Charles (Texas)

Yetter, R. Paul (Texas)

Attorneys(s) for Defendant

Cunniff, Celamine (Texas)

Dower, Benjamin Lindberg (Texas)

Huntpalmer, Richard Armstrong (Texas)

Jacobs, Craig McCam (Texas)

Landon, Emily Marie (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Davis v. Thaler

June 21, 2012 Docket

Docket [PACER]

Casey v. Davis

Nov. 7, 2017 Docket

Docket [PACER]

Cobb v. Davis

Feb. 12, 2018 Docket

Docket [PACER]

July 9, 2019 Docket
1

Complaint

Davis v. Thaler

May 21, 2012 Complaint
1

[Untitled]

Davis v. Thaler

May 23, 2012 Complaint
17

Memorandum Opinion and Order Denying Motion for Appointment of Counsel

Davis v. Thaler

2012 U.S.Dist.LEXIS 86870

June 22, 2012 Order/Opinion
16

Order Concerning Parties and Order on Pending Motions

Davis v. Goodman

June 22, 2012 Order/Opinion
41

Memorandum and Recommendation to Deny Plaintiff Davis's Motion for a Temporary Restraining Order and Preliminary Injunction

Davis v. Thaler

2012 WL 4955289, 2012 U.S.Dist.LEXIS 148592

Sept. 17, 2012 Magistrate Report/Recommendation
47

Memorandum Opinion and Order Denying Motion for Appointment of Counsel

Davis v. Thaler

2012 U.S.Dist.LEXIS 142617

Oct. 2, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5735684/goodman-v-davis/

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

ECF Number Description Date Link
1

Prisoner Civil Rights COMPLAINT against All Defendants (Filing fee $ 350) filed by Terry Norris Grey Haw Davis. (Attachments: # 1 Continuation)(vrios, ) (Entered: 05/22/2012)

1 Continuation

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May 21, 2012 RECAP
2

MOTION/APPLICATION to Proceed In Forma Pauperis by Terry Norris Grey Hawk Davis, filed. Motion Docket Date 6/11/2012. (vrios, ) (Entered: 05/22/2012)

May 21, 2012 PACER
3

Prisoner Trust Fund Account Statement by Terry Norris Grey Hawk Davis, filed. (vrios, ) (Entered: 05/22/2012)

May 21, 2012 PACER
4

MOTION for Appointment of Counsel by Terry Norris Grey Hawk Davis, filed. Motion Docket Date 6/11/2012. (vrios, ) (Entered: 05/22/2012)

May 21, 2012 PACER
5

MOTION for Joinder of Party: Robbie Goodman by Terry Norris Grey Hawk Davis, filed. Motion Docket Date 6/11/2012. (Attachments: # 1 Attachment to Complaint as to ROBBIE GOODMAN, # 2 Attachment to Complaint as to ROBBIE GOODMAN)(vrios, ) (Entered: 05/22/2012)

1 Attachment to Complain as to ROBBIE GOODMAN

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2 Attachment to Complaint as to ROBBIE GOODMAN

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May 21, 2012 PACER
6

Prisoner Trust Fund Account Statement as to ROBBIE GOODMAN, filed. (vrios, ) (Entered: 05/22/2012)

May 21, 2012 PACER
7

NOTICE of Exclusion, filed. (vrios, ) (Entered: 05/22/2012)

May 22, 2012 PACER
8

NOTICE to Pro Se Litigant. Party notified, filed. (vrios, ) (Entered: 05/22/2012)

May 22, 2012 PACER
9

ORDER for Initial Partial Filing Fee and Collection Order as to Terry Norris Grey Hawk Davis; granting 2 MOTION/APPLICATION to Proceed In Forma Pauperis.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(lsmith, ) (Entered: 05/24/2012)

May 24, 2012 PACER
10

NOTICE of Setting. Parties notified. Evidentiary Hearing by Telephone Conference set for 6/21/2012 at 03:00 PM before Magistrate Judge B. Janice Ellington, filed. (amireles, ) (Entered: 05/24/2012)

May 24, 2012 PACER
11

LETTER MOTION Issuance of an Emergency Restraining OrderMotions referred to B. Janice Ellington. by Teddy Norris Grey Hawk Davis, filed. Motion Docket Date 6/21/2012. (Attachments: # 1 restraining order, # 2 declaration statement, # 3 envelope)(lrivera, ) (Entered: 06/04/2012)

1 restraining order

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2 declaration statement

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3 envelope

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May 31, 2012 PACER
12

NOTICE TO THE COURT re: duplicate case number by Teddy Norris Grey Hawk Davis, filed. (Attachments: # 1 Envelope)(amireles, ) (Entered: 06/06/2012)

1 Envelope

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June 4, 2012 PACER
13

SWORN AFFIDAVIT of Teddy Norris Grey Hawk Davis, filed.(amireles, ) (Entered: 06/08/2012)

June 8, 2012 PACER
14

ORDER TO CONSOLIDATE CASES: Lead Case No. 2:12cv166 and Member Case No. 2:12cv169 (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lsmith, ) (Entered: 06/12/2012)

June 12, 2012 RECAP
15

MOTION to Consolidate Lead Case No. 2:12cv166 and Member Case No. 2:12cv169Motions referred to B. Janice Ellington. by Teddy Norris Grey Hawk Davis, filed. Motion Docket Date 7/11/2012. (Attachments: # 1 Envelope)(lsmith, ) (Entered: 06/20/2012)

1 Envelope

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June 20, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge B. Janice Ellington. EVIDENTIARY HEARING BY TELEPHONE held on 6/21/2012. Discussion of case. Orders to be entered. Clerk to mail to plaintiff copies of docket sheets for cases C-12-166 and C-12-169. Appearances:Teddy Norris Grey Hawk Davis, pro se.(Digital # 2:59:30 - 4:16:16)(ERO:Brian Garcia), filed.(dperez, )

June 21, 2012 PACER

***Current docket sheet mailed to plaintiff., filed. (dperez, )

June 21, 2012 PACER
16

ORDER CONCERNING PARTIES AND ORDER ON PENDING MOTIONS granting 5 Motion for Joinder; denying as moot 11 Motion; denying as moot 15 Motion to Consolidate Cases.(Signed by Magistrate Judge B. Janice Ellington) Robbie Dow Goodman, TDCJ-CID # 758386, is added as a plaintiff to this lawsuit, and the Clerk is instructed to note such on the docket, and to include Mr. Goodman in the style of this case. Plaintiff Goodman is granted leave to proceed in forma pauperis, and a separate collection order will be entered. Parties notified.(mserpa, ) (Entered: 06/22/2012)

June 22, 2012 PACER
17

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL denying 4 Motion to Appoint.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(mserpa, ) (Entered: 06/22/2012)

June 22, 2012 RECAP
18

COLLECTION ORDER. Copy of this Order will be sent to TDCY - Office of the General Counsel, P. O. Box 13084, Austin, TX 78711, per this ORDER. (Signed by Magistrate Judge B. Janice Ellington) Parties notified.(lsmith, ) Modified on 6/25/2012 (lsmith, ). (Entered: 06/25/2012)

June 25, 2012 PACER
19

SWORN STATEMENT of Robbie Goodman, filed.(vrios, ) (Entered: 06/26/2012)

June 26, 2012 PACER
20

MOTION to Correct Motions referred to B. Janice Ellington. by Teddy Norris Grey Hawk Davis, filed. Motion Docket Date 7/26/2012. (amireles, ) (Entered: 07/06/2012)

July 5, 2012 PACER
21

MOTION to Add Defendants to Suit. Motions referred to B. Janice Ellington. by Teddy Norris Grey Hawk Davis, filed. Motion Docket Date 8/2/2012. (vrios, ) (Entered: 07/12/2012)

July 12, 2012 PACER
22

ORDER FOR SERVICE OF PROCESS (Signed by Magistrate Judge B. Janice Ellington) (Attachments: # 1 Plaintiffs' Original Complaint, # 2 Order Concerning Parties) Parties notified.(mserpa, ) (Entered: 07/13/2012)

1 Plaintiffs' Original Complaint

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2 Order Concerning Parties

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July 13, 2012 PACER
23

AO 435 TRANSCRIPT ORDER FORM by Celamaine Cunniff. This is to order a transcript of Evidentiary Hearing held on 6/21/2012 before Magistrate Judge B. Janice Ellington (Original), filed. (mlothmann) (Entered: 07/19/2012)

July 19, 2012 PACER
24

NOTICE TO COURT CLERK by Teddy Norris Grey Hawk Davis, filed. (mserpa, ) (Entered: 07/25/2012)

July 25, 2012 PACER
25

DECLARATION STATEMENT of Teddy Norris Grey Hawk Davis, filed.(mserpa, ) (Entered: 07/25/2012)

July 25, 2012 PACER
26

TRANSCRIPT re: EVIDENTIARY HEARING BY TELEPHONE CONFERENCE held on 06-21-12 before Magistrate Judge B. Janice Ellington. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Release of Transcript Restriction set for 11/5/2012., filed. (esaenz, ) (Entered: 08/06/2012)

Aug. 6, 2012 PACER
27

Notice of Filing of Official Transcript as to 26 Transcript. Party notified, filed. (dterrell, ) (Entered: 08/07/2012)

Aug. 7, 2012 PACER
28

MOTION TO REQUEST EMERGENCY TELEPHONE CONFERENCE( Motion Docket Date 9/6/2012.)re: 21 MOTION to Add Defendants to Suit, 1 Complaint, 20 MOTION to Correct Motions referred to B. Janice Ellington. by Teddy Norris Grey Hawk Davis, filed. (Attachments: # 1 Envelope)(amireles, ) (Entered: 08/17/2012)

1 Envelope

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Aug. 16, 2012 PACER
29

MOTION Requesting Temporary Restraining Order/Preliminary Injunction Relief( Motion Docket Date 9/6/2012.)Motions referred to B. Janice Ellington. by Teddy Norris Grey Hawk Davis, filed. (amireles, ) (Entered: 08/17/2012)

Aug. 16, 2012 PACER
30

ANSWER to Complaint with Jury Demand by Shawna Mitchell, Clint Morris, Madeleine Ortiz, Billy Pierce, Rick Thaler, filed.(Cunniff, Celamaine) (Entered: 08/27/2012)

Aug. 27, 2012 PACER
31

MOTION to Correct Motions referred to B. Janice Ellington. by Shawna Mitchell, Clint Morris, Madeleine Ortiz, Billy Pierce, Rick Thaler, filed. Motion Docket Date 9/18/2012. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Cunniff, Celamaine) (Entered: 08/28/2012)

1 Exhibit 1

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2 Proposed Order

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Aug. 28, 2012 PACER
32

MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) & 12(b)(6) Motions referred to B. Janice Ellington. by Shawna Mitchell, filed. Motion Docket Date 9/20/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Cunniff, Celamaine) (Entered: 08/30/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Proposed Order

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Aug. 30, 2012 PACER
33

OBJECTIONS to 31 MOTION to Correct, filed by Teddy Norris Grey Hawk Davis. (Attachments: # 1 Envelope)(amireles, ) (Entered: 09/07/2012)

1 Envelope

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Sept. 7, 2012 PACER
34

MOTION to Exclude Motions referred to B. Janice Ellington. by Teddy Norris Grey Hawk Davis, filed. Motion Docket Date 9/28/2012. (Attachments: # 1 Envelope)(amireles, ). Clerk notes duplicate image of D.E.# 33. (Entered: 09/07/2012)

1 Envelope

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Sept. 7, 2012 PACER
35

ACKNOWLEDGMENT OF SERVICE by Robbie Dow Goodman, filed. Clerk notes: damaged mail. (amireles, ) (Entered: 09/07/2012)

Sept. 7, 2012 PACER
36

NOTICE of Initial Disclosures to Plaintiff by Shawna Mitchell, Clint Morris, Madeleine Ortiz, Billy Pierce, Rick Thaler, filed. (Cunniff, Celamaine) (Entered: 09/13/2012)

Sept. 13, 2012 PACER
37

ORDER denying 28 Emergency Motion for Emergency for Telephone Conference. (Signed by Magistrate Judge B. Janice Ellington) Parties notified.(vrios, ) (Entered: 09/17/2012)

Sept. 17, 2012 PACER
38

ORDER FOR SERVICE ON TX ATTORNEY GENERAL (Signed by Magistrate Judge B. Janice Ellington) (Attachments: # 1 DE # 1 Original Complaint, # 2 DE # 16 Order Concerning Parties) Parties notified.(amireles, ) (Entered: 09/17/2012)

1 DE # 1 Original Complaint

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2 DE # 16 Order Concerning Parties

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Sept. 17, 2012 PACER
39

ORDER granting in part and denying in part 21 Motion to Add Defendants. (Signed by Magistrate Judge B. Janice Ellington) Parties notified.(vrios, ) (Entered: 09/17/2012)

Sept. 17, 2012 PACER
40

ORDER granting 31 Defendants' Motion to Correct; denying without prejudice as premature 34 Plaintiff's Motion to Exclude; granting in part and denying in part 20 Plaintiff Davis' Motion to Correct.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(vrios, ) (Entered: 09/17/2012)

Sept. 17, 2012 PACER
41

MEMORANDUM AND RECOMMENDATIONS to Deny re 29 Plaintiff Davis' MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction. Objections to M&R due by 10/1/2012(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(vrios, ) (Entered: 09/17/2012)

Sept. 17, 2012 PACER
42

MOTION ProtectionMotions referred to B. Janice Ellington. by Shawna Mitchell, Clint Morris, Madeleine Ortiz, Billy Pierce, Rick Thaler, filed. Motion Docket Date 10/9/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Cunniff, Celamaine) (Entered: 09/17/2012)

1 Exhibit A

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2 Exhibit B

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3 Proposed Order

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Sept. 17, 2012 PACER
43

MOTION for Appointment of CounselMotions referred to B. Janice Ellington. by Teddy Norris Grey Hawk Davis, filed. Motion Docket Date 10/15/2012. (Attachments: # 1 Envelope)(lsmith, ) (Entered: 09/24/2012)

1 Envelope

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Sept. 24, 2012 PACER
44

MOTION to Dismiss Deft. Shawna Mitchell Motions referred to B. Janice Ellington. by Teddy Norris Grey Hawk Davis, Robbie Dow Goodman, filed. Motion Docket Date 10/15/2012. (Attachments: # 1 Proposed Order, # 2 Envelope)(lsmith, ) (Entered: 09/24/2012)

1 Proposed Order

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2 Envelope

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Sept. 24, 2012 PACER
45

White Card received indicating receipt of DE #41, M&R on 9/21/12, by Teddy Norris Grey Hawk Davis, filed.(lsmith, ) (Entered: 09/25/2012)

Sept. 25, 2012 PACER
46

White Card Receipt Returned regarding DE# 41 Memorandum and Recommendation by Robbie Dow Goodman, filed.(vrios, ) (Entered: 09/27/2012)

Sept. 27, 2012 PACER
47

MEMORANDUM OPINION AND ORDER denying 43 MOTION for Appointment of Counsel (Signed by Magistrate Judge B. Janice Ellington) Parties notified.(lsmith, ) (Entered: 10/02/2012)

Oct. 2, 2012 RECAP
48

OBJECTIONS to 41 Memorandum and Recommendations, filed by Teddy Norris Davis, Robbie Dow Goodman. (Attachments: # 1 Exhibit A, # 2 Envelope)(lsmith, ) (Entered: 10/03/2012)

1 Exhibit A

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2 Envelope

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Oct. 3, 2012 PACER
49

NOTICE of 1st Supplemental Disclosures to Plaintiff Davis by Shawna Mitchell, Clint Morris, Madeleine Ortiz, Billy Pierce, Rick Thaler, filed. (Cunniff, Celamaine) (Entered: 10/09/2012)

Oct. 9, 2012 PACER
50

NOTICE of 1st Supplemental Disclosures to Plaintiff Goodman by Shawna Mitchell, Clint Morris, Madeleine Ortiz, Billy Pierce, Rick Thaler, filed. (Cunniff, Celamaine) (Entered: 10/09/2012)

Oct. 9, 2012 PACER
51

MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) Motions referred to B. Janice Ellington. by Clint Morris, filed. Motion Docket Date 10/31/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Cunniff, Celamaine) (Entered: 10/10/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Proposed Order

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Oct. 10, 2012 PACER
52

MOTION for Rule 7(a) ReplyMotions referred to B. Janice Ellington. by Madeleine Ortiz, filed. Motion Docket Date 11/1/2012. (Attachments: # 1 Proposed Order)(Cunniff, Celamaine) (Entered: 10/11/2012)

1 Proposed Order

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Oct. 11, 2012 PACER
53

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 29 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lsmith, ) (Entered: 10/16/2012)

Oct. 16, 2012 RECAP
54

MOTION Request of First Set of Interrogatories to be AnsweredMotions referred to B. Janice Ellington. by Teddy Norris Davis, filed. Motion Docket Date 11/21/2012. (Attachments: # 1 requested documentation, # 2 cover letter, # 3 envelope)(lrivera, ) (Entered: 11/01/2012)

1 requested documentation

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2 cover letter

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3 envelope

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Oct. 31, 2012 PACER
55

MOTION for Rule 7(a) ReplyMotions referred to B. Janice Ellington. by William Stephens, filed. Motion Docket Date 11/23/2012. (Attachments: # 1 Proposed Order)(Cunniff, Celamaine) (Entered: 11/01/2012)

1 Proposed Order

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Nov. 1, 2012 PACER
56

MOTION to Dismiss or in the Alternative, Motion for Rule 7(a) Reply Motions referred to B. Janice Ellington. by Sam Longoria, filed. Motion Docket Date 11/23/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Cunniff, Celamaine) (Entered: 11/01/2012)

1 Exhibit A

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2 Exhibit B

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3 Proposed Order

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Nov. 1, 2012 PACER
57

RESPONSE to 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) filed by Teddy Norris Davis, Robbie Dow Goodman. (lcayce, ) (Entered: 11/05/2012)

Nov. 5, 2012 PACER
58

CERTIFICATE OF SERVICE of 57 Response to Motion by Teddy Norris Davis, Robbie Dow Goodman, filed.(lcayce, ) (Entered: 11/07/2012)

Nov. 7, 2012 PACER
59

MEMORANDUM AND RECOMMENDATION TO DISMISS DEFENDANT SHAWNA MITCHELL re 44, 32, Objections to M&R due by 11/23/2012(Signed by Magistrate Judge B. Janice Ellington) Parties notified. Copy mailed to Teddy Norris Davis and Robbie Dow Goodman with receipt card. (amireles, ) (Entered: 11/08/2012)

Nov. 8, 2012 PACER
60

ORDER striking 54 Motion Request of First Set of Interrogatories to be Answered. (Signed by Magistrate Judge B. Janice Ellington) Parties notified.(amireles, ) (Entered: 11/09/2012)

Nov. 9, 2012 PACER
61

MEMORANDUM AND RECOMMENDATION TO GRANT MOTION FOR PROTECTION 42 . Objections to M&R due by 11/23/2012 (Signed by Magistrate Judge B. Janice Ellington) Parties notified. Copy mailed to Teddy Norris Davis and Robbie Dow Goodman with receipt card.(amireles, ) (Entered: 11/09/2012)

Nov. 9, 2012 PACER
62

MOTION to Dismiss Defendant Mitchell with Prejudice pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6)Motions referred to B. Janice Ellington. by Teddy Norris Davis, filed. Motion Docket Date 11/30/2012. (Attachments: # 1 Envelope)(amireles, ) (Entered: 11/13/2012)

1 Envelope

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Nov. 9, 2012 PACER
63

OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR RULE 7(a) REPLY re 52 .(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(amireles, ) (Entered: 11/15/2012)

Nov. 15, 2012 RECAP
64

ORDER DISMISSING CLAIMS AGAINST DEFENDANT SHAWNA MITCHELL. mooting 32 Motion to Dismiss; granting 44 Motion to Dismiss; granting 62 Motion to Dismiss.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, ) (Entered: 11/16/2012)

Nov. 16, 2012 PACER
65

MEMORANDUM AND RECOMMENDATION re 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b). Objections to M&R due by 11/30/2012(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(vrios, ) (Entered: 11/20/2012)

Nov. 16, 2012 PACER
66

Defendants' Thaler, Pierce, Morris, Ortiz, Longoria and Stephens' Notice of Second Supplemental Disclosures to Plaintiff Davis by Sam Longoria, Clint Morris, Madeleine Ortiz, Billy Pierce, William Stephens, Rick Thaler, filed.(Cunniff, Celamaine) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
67

Defendants Thaler, Pierce, Morris, Ortiz, Longoria and Stephens' Notice of Filing Second Supplemental Disclosures to Plaintiff Goodman by Sam Longoria, Clint Morris, Madeleine Ortiz, Billy Pierce, William Stephens, Rick Thaler, filed.(Cunniff, Celamaine) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
68

REPLY to Response to 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), filed by Clint Morris. (Attachments: # 1 Proposed Order)(Cunniff, Celamaine) (Entered: 11/21/2012)

1 Proposed Order

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Nov. 21, 2012 PACER
69

ACKNOWLEDGMENT OF SERVICE by Teddy Norris Davis on 11/19/12 re: DE 61, filed.(lcayce, ) (Entered: 11/23/2012)

Nov. 23, 2012 PACER
70

ACKNOWLEDGMENT OF SERVICE by Teddy Norris Davis on 11/19/12 re: DE 59, filed.(lcayce, ) (Entered: 11/23/2012)

Nov. 23, 2012 PACER
71

MOTION for Leave to File Amended Complaint; Motions referred to B. Janice Ellington. by Teddy Norris Davis, Robbie Dow Goodman, filed. Motion Docket Date 12/14/2012. (lcayce, ) (Entered: 11/23/2012)

Nov. 23, 2012 PACER
72

Mail Returned Undeliverable as to Robbie Dow Goodman re: 64 Order on Motion to Dismiss,, 63 Order on Motion for Miscellaneous Relief, filed. Envelope marked "Insufficient Address" (Clerk notation: prisoner's ID number was incorrect as 168949. Clerk editing ID # to correctly reflect 758386. D.E. 63 and 64 resent to prisoner) (lcayce, ) (Entered: 11/26/2012)

Nov. 26, 2012 PACER
73

NOTICE Vacation Advisory to the Court by Shawna Mitchell, Clint Morris, Madeleine Ortiz, Billy Pierce, Rick Thaler, filed. (Cunniff, Celamaine) (Entered: 11/27/2012)

Nov. 27, 2012 PACER
74

OBJECTIONS to 65 Memorandum and Recommendations, filed by Clint Morris. (Cunniff, Celamaine) (Entered: 11/30/2012)

Nov. 30, 2012 PACER
75

ANSWER to Complaint with Jury Demand by Sam Longoria, Clint Morris, Madeleine Ortiz, Billy Pierce, William Stephens, Rick Thaler, filed.(Cunniff, Celamaine) (Entered: 12/05/2012)

Dec. 5, 2012 PACER
76

RESPONSE to 71 MOTION for Leave to File Amended Complaint filed by Sam Longoria, Clint Morris, Madeleine Ortiz, Billy Pierce, William Stephens, Rick Thaler. (Cunniff, Celamaine) (Entered: 12/05/2012)

Dec. 5, 2012 PACER
77

MOTION for Leave to File Amended Complaint; Motions referred to B. Janice Ellington. by Teddy Norris Davis, Robbie Dow Goodman, filed. Motion Docket Date 12/27/2012. (lcayce, ) (Entered: 12/06/2012)

Dec. 6, 2012 PACER
78

RESPONSE to 77 MOTION for Leave to File Amended Complaint filed by Sam Longoria, Clint Morris, Madeleine Ortiz, Billy Pierce, William Stephens, Rick Thaler. (Cunniff, Celamaine) (Entered: 12/11/2012)

Dec. 11, 2012 PACER
79

RESPONSE to 52 MOTION for Rule 7(a) Reply filed by Teddy Norris Davis. (Attachments: # 1 Envelope)(amireles, ) (Entered: 12/17/2012)

1 Envelope

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Dec. 14, 2012 PACER
80

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting in part and denying in part 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), adopting 65 Memorandum and Recommendations (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, ) (Entered: 01/08/2013)

Jan. 7, 2013 RECAP
81

NOTICE of Setting (Telephone Conference) as to 42 MOTION for Protection. Parties notified. Motion Hearing set for 1/22/2013 at 03:00 PM before Judge Nelva Gonzales Ramos, filed. (amireles, ) (Entered: 01/14/2013)

Jan. 14, 2013 PACER

Corrective Entry: 81 Notice of Setting was recorded on the wrong docket, filed. Motion Hearing to be held before U.S. Magistrate Judge B. Janice Ellington. (amireles, )

Jan. 14, 2013 PACER

***Set/Reset Hearings: Motion Hearing set for 1/22/2013 at 03:00 PM before Magistrate Judge B. Janice Ellington re 42 ; 81 (amireles, )

Jan. 14, 2013 PACER
82

AMENDED NOTICE of Setting re: 42 MOTION Protection. Parties notified. Motion Hearing by telephone conference set for 1/25/2013 at 03:00 PM before Magistrate Judge B. Janice Ellington, filed. (lcayce, ) (Entered: 01/18/2013)

Jan. 18, 2013 PACER
83

NOTICE of Third Supplemental Disclosures to Plaintiff Davis by Sam Longoria, Clint Morris, Madeleine Ortiz, Billy Pierce, William Stephens, Rick Thaler, filed. (Cunniff, Celamaine) (Entered: 01/24/2013)

Jan. 24, 2013 PACER
84

NOTICE of Third Supplemental Disclosures to Plaintiff Goodman by Sam Longoria, Clint Morris, Madeleine Ortiz, Billy Pierce, William Stephens, Rick Thaler, filed. (Cunniff, Celamaine) (Entered: 01/24/2013)

Jan. 24, 2013 PACER

Minute Entry for proceedings held before Magistrate Judge B. Janice Ellington. MOTION HEARING BY TELEPHONE CONFERENCE held on 1/25/2013. Discussion of motion for protection. Defense withdraws motion for protection. Court grants motion to amend complaint and directs plaintiffs to file amended complaint within two weeks. Telephone conference to be held in three weeks. Plaintiffs request copy of current docket sheet. Clerk to mail docket sheet to plaintiffs. Appearances:Teddy Norris Davis, Robbie Dow Goodman, pro se. Celamaine Cunniff.(Digital # 3:00:15 - 3:24:53)(ERO:Brian Garcia), filed.(dperez, )

Jan. 25, 2013 PACER

*** Current docket sheet mailed to plaintiffs Davis and Goodman, filed. (dperez, )

Jan. 25, 2013 PACER
85

ORDER granting 77 MOTION for Leave to File Amended Complaint, 71 MOTION for Leave to File Amended Complaint, granting defendants' oral motion to withdraw 42 MOTION for Protection ( Telephone Conference set for 2/22/2013 at 03:00 PM before Magistrate Judge B. Janice Ellington) The Clerk shall mail to each plaintiff an updated copy of the docket sheet.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(mserpa, ) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
86

NOTICE of Setting. Parties notified. Telephone Conference set for 2/22/2013 at 03:00 PM before Magistrate Judge B. Janice Ellington, filed. (mserpa, ) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
87

CONSENT to Proceed Before a Magistrate Judge by Teddy Norris Davis, Robbie Dow Goodman, filed.(vrios, ) (Entered: 02/12/2013)

Feb. 11, 2013 PACER
88

AMENDED Complaint against All Defendants filed by Robbie Dow Goodman, Teddy Norris Davis.(vrios, ) (Additional attachment(s) added on 2/12/2013: # 1 envelope) (vrios, ). (Entered: 02/12/2013)

1 envelope

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Feb. 11, 2013 RECAP

Minute Entry for proceedings held before Magistrate Judge B. Janice Ellington. TELEPHONE CONFERENCE held on 2/22/2013. Plaintiffs agreed that there were three RLUIPA claims for declaratory and injunctive relief against Director Rick Thaler challenging TDCJs policy related to traditional pipe ceremonies, the carrying of a medicine pouch, and the wearing of a kouploc. Plaintiffs orally moved to dismiss all RLUIPA claims against defendants Ortiz, Stephens, Longoria, and Pierce, with the understanding that only Director Thaler has the authority to change policy. Plaintiffs also retain their First Amendment Claim against Defendant Morris for monetary relief. Counsel for defendants Ms. Cuniff agreed that her motions for a Rule 7(a) reply and to dismiss should be denied as moot. Order to be presented to District Court. Discovery and dispositive motions due within 90 days with responses to motions due within 30 days after filing of motions. Order to be entered. Copies of Fifth Circuit opinion in 06-41165 Odneal v. Pierce, et al. mailed to plaintiffs Davis and Goodman. Appearances:Teddy Norris Davis, Robbie Dow Goodman. Celamaine Cunniff.(Digital # 3:00:04 - 3:39:45)(ERO:Arlene Benavidez), filed.(dperez, )

Feb. 22, 2013 PACER
89

ORDER Discovery due by 5/24/2013. Dispositive Motion Filing due by 5/24/2013.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(mserpa, ) (Entered: 02/25/2013)

Feb. 22, 2013 PACER
90

Order Dismissing Defendants' Ortiz, Stephens, Longoria, and Pierce and Denying as Moot Defendants' Motion to Dismiss or in the Alternative for a Rule 7(a) Reply re 56, 55 (Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, ) (Entered: 02/25/2013)

Feb. 25, 2013 PACER
91

MOTION to Compel Plaintiffs to Respond to Defendants' First Set of InterrogatoriesMotions referred to B. Janice Ellington. by Clint Morris, Rick Thaler, filed. Motion Docket Date 3/26/2013. (Attachments: # 1 Exhibit A: Defendants' First Set of Interrogatories to Plaintiff Davis, # 2 Exhibit B: Defendants' First Set of Interrogatories to Plaintiff Goodman, # 3 Exhibit C: Offender Legal Mail Logs, # 4 Proposed Order)(Cunniff, Celamaine) (Entered: 03/05/2013)

1 Exhibit A: Defendants' First Set of Interrogatories to Plaintiff Davis

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2 Exhibit B: Defendants' First Set of Interrogatories to Plaintiff Goodman

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3 Exhibit C: Offender Legal Mail Logs

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4 Proposed Order

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March 5, 2013 PACER
92

RESPONSE to 91 MOTION to Compel Plaintiffs to Respond to Defendants' First Set of Interrogatories filed by Teddy Norris Davis. (mserpa, ) (Entered: 03/18/2013)

March 18, 2013 PACER
93

ORDER denying without Prejudice Motion to Compel 91 .(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(amireles, ) (Entered: 03/21/2013)

March 21, 2013 PACER

State / Territory: Texas

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: May 21, 2012

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four Native American prisoners incarcerated at the McConnell Unit of the Texas Department of Criminal Justice.

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Correctional Institutions Division Director (Beeville, Bee), State

Program Analyst (Beeville, Bee), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: $9,803.19

Order Duration: 2019 - None

Issues

General:

Religious programs / policies

Race:

American Indian/Alaskan Native

Affected Gender:

Male

Type of Facility:

Government-run