Case: Greenhill v. Clarke

7:16-cv-00068 | U.S. District Court for the Western District of Virginia

Filed Date: Feb. 19, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 19, 2016, the plaintiff, a Muslim inmate at the Red Onion State Prison, filed this pro se lawsuit alleging a violation of right to free expression in the District Court for the Western District of Virginia. He sued the Virginia Department of Corrections (VDOC) under 28 U.S.C. 2201, 48 U.S.C. 1983, and the Religious Land Use and Institutionalized Persons Act (RLUIPA). He sought declaratory judgment, preliminary and permanent injunctions, costs, damages, and a jury trial.In the compl…

On February 19, 2016, the plaintiff, a Muslim inmate at the Red Onion State Prison, filed this pro se lawsuit alleging a violation of right to free expression in the District Court for the Western District of Virginia. He sued the Virginia Department of Corrections (VDOC) under 28 U.S.C. 2201, 48 U.S.C. 1983, and the Religious Land Use and Institutionalized Persons Act (RLUIPA). He sought declaratory judgment, preliminary and permanent injunctions, costs, damages, and a jury trial.

In the complaint, the plaintiff contested three specific prison policies that he alleged hindered his ability to practice his Sufi Islamic faith. First, he alleged that the prison's policy for Jum'ah, the weekly Islamic gathering, for inmates in solitary confinement like he is, violated his rights. In the general population, Jum'ah is broadcast in common spaces, but for inmates in solitary confinement, a taped version of Jum'ah is given to inmates with televisions. The plaintiff had neither a television nor a means to get a job that would allow him to purchase a television, since he alleged that he was being kept in solitary confinement as a result of his beard length. His second allegation stemmed from the prison's beard policies, saying that he was unable to grow his beard out to the four inches mandated by his faith due to the prison's quarter-inch beard policy. Finally, he focused on prison food policies, saying that his halal dinners no longer became halal once they entered the contaminated food slot all solitary confinement inmates use, and he was not given facilities to make his food halal again.

Judge James P. Jones denied the plaintiff's request for a preliminary injunction on all issues on March 23, 2016, saying that the claims presented in the complaint did not meet the bar of imminent harm. 2016 WL 1179225. The plaintiff appealed this decision on April 14, 2016. In a December 22, 2016 opinion, the Fourth Circuit upheld the District Court's decision regarding the halal food issue and beard issue, but remanded the Jum'ah decision, saying that the court did not provide specific facts to support its decision. 672 Fed.Appx. 259.

The case returned to the District Court, and on May 10, 2017, Judge Jones denied the plaintiff's request for preliminary injunctive relief on the issue of Jum'ah. 2017 WL 1929669, W.D. Va. This supported Magistrate Judge Pamela Meade Sargeant's recommendation to not grant injunctive relief on March 20, 2017 (2017 WL 9517164 W.D. Va.). This time, the Judge detailed that, since the prison gave him an option to improve his behavior to allow him to get a job that would pay for a television and the plaintiff did not take it, his religious exercise rights were not being infringed. The plaintiff appealed this decision on June 1, and the Fourth Circuit issued a short memorandum opinion declining to take the case on October 31, saying that it had enough information to uphold the District Court's decision. 699 Fed.Appx. 280.

On December 15, 2017, Judge Jones issued an opinion on the defendant's motion for summary judgment, which was filed back before the preliminary injunction appeals on July 13, 2016. He denied the motion for the plaintiff's claims under the RLUIPA, saying that the defendants did not counter the plaintiff's allegations that his continued stay in solitary confinement is related to his refusal to trim his beard as his religion instructs, and that this stay is blocking him from accessing televised Jum'ah. However, he granted summary judgment on the First Amendment free exercise claims on the beard, halal food, and Jum'ah policies, saying that these policies were not an undue burden under existing precedent.

The plaintiffs filed an amended motion for summary judgment addressing the RLUIPA issues on January 12, 2018, stating that the plaintiff remains in solitary confinement for disciplinary infractions unrelated to his beard length. Judge Jones granted this motion for summary judgment on September 19, 2018, saying that the defendants presented enough evidence to support this motion this time. 2018 WL 4512074, W.D. Va.

The plaintiff appealed this summary judgment decision on October 23, 2018. The Fourth Circuit vacated the summary judgment motion and remanded the case on December 6, 2019, saying that the VDOC's use of access to television for religious services as an incentive program unduly burdens the plaintiff's rights to practice a bona fide religious belief. The panel stated that religious practice should be a right, not a privilege that can be taken away through an incentive program. 944 F.3d 243.

The case returned to District Court, where the defendants could file another motion for summary judgment consistent with the Fourth Circuit's ruling. The case is ongoing as of May 25, 2020.

Summary Authors

Ellen Aldin (5/25/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5224551/parties/greenhill-v-clarke/


Judge(s)

Hamilton, Clyde H. (South Carolina)

Jones, James Parker (Virginia)

Motz, Diana Jane Gribbon (Maryland)

Niemeyer, Paul Victor (Maryland)

Sargent, Pamela Meade (Virginia)

Attorneys(s) for Plaintiff

Edson, Scott Michael (District of Columbia)

Lehman, Kathryn Stewart (Georgia)

O'Brien, Kevin Jordan (Virginia)

Reiling, Jarred Lee (District of Columbia)

Attorneys(s) for Defendant

Cahill, Laura Haeberle (Virginia)

Judge(s)

Hamilton, Clyde H. (South Carolina)

Jones, James Parker (Virginia)

Motz, Diana Jane Gribbon (Maryland)

Niemeyer, Paul Victor (Maryland)

Sargent, Pamela Meade (Virginia)

Attorneys(s) for Plaintiff

Edson, Scott Michael (District of Columbia)

Lehman, Kathryn Stewart (Georgia)

O'Brien, Kevin Jordan (Virginia)

Reiling, Jarred Lee (District of Columbia)

Attorneys(s) for Defendant

Cahill, Laura Haeberle (Virginia)

Miller, Mary Grace (Virginia)

Other Attorney(s)

Hagerty, Elizabeth (District of Columbia)

Pare, Claudia (District of Columbia)

Pegg, Allen P (District of Columbia)

Expert/Monitor/Master

Morgan, Dick (Washington)

Pacholke, Dan (Washington)

Stanley, Phil (Washington)

Vail, Eldon (Washington)

Woodford, Jeanne (California)

Documents in the Clearinghouse

Document

7:16-cv-00068

Docket [PACER]

June 8, 2020

June 8, 2020

Docket
1

7:16-cv-00068

Complaint

Feb. 19, 2016

Feb. 19, 2016

Complaint
13

7:16-cv-00068

Opinion

2016 WL 1179225

March 23, 2016

March 23, 2016

Order/Opinion

7:16-cv-00068

16-06542

Memorandum Opinion

U. S. Court of Appeals for the Fourth Circuit

672 Fed.Appx. 259

Dec. 22, 2016

Dec. 22, 2016

Order/Opinion
41

7:16-cv-00068

Report and Recommendation

2017 WL 9517164

March 20, 2017

March 20, 2017

Magistrate Report/Recommendation
43

7:16-cv-00068

Opinion and Order

2017 WL 1929669

May 10, 2017

May 10, 2017

Order/Opinion

7:16-cv-00068

17-06696

Memorandum Opinion

U. S. Court of Appeals for the Fourth Circuit

699 Fed.Appx. 280

Oct. 31, 2017

Oct. 31, 2017

Order/Opinion
53

7:16-cv-00068

Opinion and Order

Dec. 15, 2017

Dec. 15, 2017

Order/Opinion
60

7:16-cv-00068

Opinion and Order

2018 WL 4512074

Sept. 19, 2018

Sept. 19, 2018

Order/Opinion
28-1

18-07300

Brief Amici Curiae of Former Corrections Officials Dan Pacholke, Jeanne Woodford, Phil Stanley, Dick Morgan, and Eldon Vail in Support of Plaintiff-Appellant and Reversal

U. S. Court of Appeals for the Fourth Circuit

Jan. 21, 2019

Jan. 21, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5224551/greenhill-v-clarke/

Last updated Aug. 7, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT pursuant to 42 U.S.C. ยง1983 against All Defendants, filed by Alfonza Hardy Greenhill. (Attachments: # 1 Exhibit A thru J, # 2 Envelope)(slt)

1 Exhibit A thru J

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2 Envelope

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Feb. 19, 2016

Feb. 19, 2016

PACER
2

FINANCIAL AFFIDAVIT by Alfonza Hardy Greenhill (slt)

Feb. 19, 2016

Feb. 19, 2016

PACER
3

Order entered Conditionally Filing this action pursuant to 42 U.S.C. Section 1983; Advising inmate as to 3 strikes rule of PLRA; Assessing a filing fee; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal. Signed by Magistrate Judge Robert S. Ballou on 2/19/2016. (slt)

Feb. 19, 2016

Feb. 19, 2016

PACER
4

MOTION for Preliminary Injunction by Alfonza Hardy Greenhill. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 Exhibit A - B)(tvt)

1 Text of Proposed Order

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2 Affidavit

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3 Exhibit A - B

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Feb. 24, 2016

Feb. 24, 2016

PACER
5

Inmate Account Report by Alfonza Hardy Greenhill (tvt) (1) Affidavit)

1 Affidavit

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March 7, 2016

March 7, 2016

PACER
6

Statement of Assets by Alfonza Hardy Greenhill (tvt)

March 7, 2016

March 7, 2016

PACER
7

Verified Statement by Plaintiff Alfonza Hardy Greenhill (tvt)

March 7, 2016

March 7, 2016

PACER
8

Order entered Conditionally Filing this action pursuant to 42 U.S.C. Section 1983; Advising inmate as to 3 strikes rule of PLRA; Assessing a filing fee; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal. Signed by Magistrate Judge Robert S. Ballou on 3/7/2016. (tvt)

March 7, 2016

March 7, 2016

PACER
9

Additional Evidence re 4 Motion for for Preliminary Injunction by Alfonza Hardy Greenhill (Attachments: # 1 Cover Letter, # 2 Envelope)(slt)

1 Cover Letter

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2 Envelope

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March 16, 2016

March 16, 2016

PACER
10

Consent to Fee by Plaintiff Alfonza Hardy Greenhill (slt)

March 16, 2016

March 16, 2016

PACER
11

Order entered Directing the Clerk to attempt service of process upon the named defendants. Signed by Magistrate Judge Robert S. Ballou on 3/23/2016. (slt)

March 23, 2016

March 23, 2016

PACER
12

REQUEST FOR WAIVER of Service sent to Harold Clarke, et al on 3/23/2016. Waiver of Service due by 4/22/2016.(slt)

March 23, 2016

March 23, 2016

PACER
13

OPINION. Signed by Judge James P. Jones on 3/23/2016. (slt)

March 23, 2016

March 23, 2016

RECAP
14

ORDER denying 4 Motion for Preliminary Injunction. Signed by Judge James P. Jones on 3/23/2016. (slt)

March 23, 2016

March 23, 2016

PACER
15

NOTICE OF INTERLOCUTORY APPEAL as to 14 Order on Motion for Preliminary Injunction by Alfonza Hardy Greenhill. (tvt)

April 14, 2016

April 14, 2016

PACER
16

Transmittal of Notice of Appeal to 4CCA re 15 Notice of Interlocutory Appeal NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (tvt)

April 14, 2016

April 14, 2016

PACER

Assembled Electronic Record Transmitted to 4CCA re 15 Notice of Interlocutory Appeal (tvt)

April 14, 2016

April 14, 2016

PACER
17

NOTICE of Docketing Record on Appeal from USCA re 15 Notice of Interlocutory Appeal filed by Alfonza Hardy Greenhill. USCA Case Number 16-6542. Case Manager: Karen Stump. (am)

April 15, 2016

April 15, 2016

PACER
18

NOTICE of Appearance by Laura Haeberle Cahill on behalf of Earl Barksdale, Harold W. Clarke, A. David Robinson (Cahill, Laura)

April 18, 2016

April 18, 2016

PACER
19

WAIVER OF SERVICE Returned Executed by Earl Barksdale, A. David Robinson, Harold W. Clarke. Earl Barksdale waiver sent on 3/23/2016, answer due 5/23/2016; A. David Robinson waiver sent on 3/23/2016, answer due 5/23/2016; Harold W. Clarke waiver sent on 3/23/2016, answer due 5/23/2016.(Cahill, Laura)

April 18, 2016

April 18, 2016

PACER
20

ORDER of USCA granting leave to proceed without full prepayment of fees as to 15 Notice of Interlocutory Appeal filed by Alfonza Hardy Greenhill (tvt)

May 13, 2016

May 13, 2016

PACER
21

ANSWER to 1 Complaint by Earl Barksdale, Harold W. Clarke, A. David Robinson.(Cahill, Laura)

May 18, 2016

May 18, 2016

PACER
22

REQUEST for Admissions by Alfonza Hardy Greenhill.(tvt)

June 6, 2016

June 6, 2016

PACER
23

Order to Respond -defendants shall file any motion for summary judgment within 30 days from entry of this order, or this matter will be set for trial on the plaintiffs claims. Responses due by 7/13/2016. Signed by Magistrate Judge Robert S. Ballou on 6/13/2016. (slt)

June 13, 2016

June 13, 2016

RECAP
24

MOTION for Protective Order by Earl Barksdale, Harold W. Clarke, A. David Robinson.Motions referred to Judge Robert S. Ballou. (Cahill, Laura)

July 11, 2016

July 11, 2016

PACER
25

MOTION for Summary Judgment by Earl Barksdale, Harold W. Clarke, A. David Robinson. (Cahill, Laura)

July 13, 2016

July 13, 2016

PACER
26

Brief / Memorandum in Support re 25 MOTION for Summary Judgment . filed by Earl Barksdale, Harold W. Clarke, A. David Robinson. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Cahill, Laura)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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July 13, 2016

July 13, 2016

PACER
27

Roseboro Notice and Notice to Parties of Right to Consent to Jurisdiction of United States Magistrate Judge re 25 MOTION for Summary Judgment Deadline set for 8/8/2016. (slt)

July 14, 2016

July 14, 2016

PACER
28

RESPONSE in Opposition re 25 MOTION for Summary Judgment . filed by Alfonza Hardy Greenhill. (Attachments: # 1 Plaintiff's Brief, # 2 Plaintiff's Statement of Disputed Factual Issues)(tvt)

1 Plaintiff's Brief

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2 Plaintiff's Statement of Disputed Factual Issues

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Aug. 8, 2016

Aug. 8, 2016

PACER
29

ORDER denying 24 Motion for Protective Order; they are DIRECTED to file a joint response to plaintiff's request for admissions within 21 days after entry of this order, and plaintiff SHALL file any additional responses to defendants' summary judgment motion within 45 days from entry of this order. Signed by Magistrate Judge Robert S. Ballou on 8/15/2016. (tvt)

Aug. 15, 2016

Aug. 15, 2016

PACER
30

Response re 29 Order on Motion for Protective Order, . filed by Earl Barksdale, Harold W. Clarke, A. David Robinson. (Cahill, Laura)

Aug. 30, 2016

Aug. 30, 2016

PACER
31

RESPONSE/Declaration in Opposition re 25 MOTION for Summary Judgment . filed by Alfonza Hardy Greenhill. (Attachments: # 1 Brief in Opposition)(tvt)

1 Brief in Opposition

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Oct. 3, 2016

Oct. 3, 2016

PACER
32

USCA Memorandum Opinion from 4th Circuit re 15 Notice of Interlocutory Appeal Affirmed in Part, Vacated in Part, and Remanded decided on 12/22/2016 (tvt)

Dec. 22, 2016

Dec. 22, 2016

RECAP
33

USCA JUDGMENT as to 15 Notice of Interlocutory Appeal filed by Alfonza Hardy Greenhill (tvt)

Dec. 22, 2016

Dec. 22, 2016

PACER
34

MANDATE of USCA as to 15 Notice of Interlocutory Appeal filed by Alfonza Hardy Greenhill (slt)

Jan. 13, 2017

Jan. 13, 2017

PACER
35

MOTION for Preliminary Injunction by Alfonza Hardy Greenhill. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 Exhibit A- B)(tvt) (Entered: 01/25/2017)

1 Text of Proposed Order

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2 Affidavit

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3 Exhibit A- B

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Jan. 13, 2017

Jan. 13, 2017

PACER
36

Additional Evidence regarding 35 Motion for Preliminary Injunction by Alfonza Hardy Greenhill (Attachments: # 1 Cover Letter, # 2 Envelope)(tvt) (Entered: 01/25/2017)

1 Cover Letter

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2 Envelope

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Jan. 13, 2017

Jan. 13, 2017

PACER
37

OPINION and ORDER REFERRING MOTION: 35 MOTION for Preliminary Injunction filed by Alfonza Hardy Greenhill; defendant's Motion for Summary Judgment (ECF No. 25) is STAYED, pending the outcome of the proceedings on the plaintiff's preliminary injunction motionMotion referred to Pamela Meade Sargent.. Signed by Judge James P. Jones on 2/6/2017. (tvt)

Feb. 6, 2017

Feb. 6, 2017

RECAP
38

MINUTE Order to Respond re 35 MOTION for Preliminary Injunction, 36 Additional Evidence Defendants' Responses due by 2/20/2017. Signed by Magistrate Judge Pamela Meade Sargent on 2/6/17. (PMS)

Feb. 6, 2017

Feb. 6, 2017

PACER
39

NOTICE of Appearance by Mary Grace Miller on behalf of Earl Barksdale, Harold W. Clarke, A. David Robinson (Miller, Mary)

Feb. 7, 2017

Feb. 7, 2017

PACER
40

RESPONSE in Opposition re 35 MOTION for Preliminary Injunction . filed by Earl Barksdale, Harold W. Clarke, A. David Robinson. (Attachments: # 1 Exhibit 1 - Affidavit of A. Duncan)(Miller, Mary)

1 Exhibit 1 - Affidavit of A. Duncan

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Feb. 17, 2017

Feb. 17, 2017

PACER
41

REPORT AND RECOMMENDATIONS re 35 MOTION for Preliminary Injunction filed by Alfonza Hardy Greenhill Objections to R&R due by 4/3/2017. Signed by Magistrate Judge Pamela Meade Sargent on 3/20/2017. (tvt)

March 20, 2017

March 20, 2017

RECAP
42

OBJECTION to 41 Report and Recommendations by Alfonza Hardy Greenhill. (Attachments: # 1 Memorandum in Support)(tvt)

1 Memorandum in Support

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April 10, 2017

April 10, 2017

PACER
43

OPINION & ORDER denying 35 Motion for Preliminary Injunction; accepting 41 Report and Recommendations. Signed by Judge James P. Jones on 5/10/2017. (tvt)

May 10, 2017

May 10, 2017

RECAP
44

JUDGMENT : For reasons stated in the Opinion and Order, it is ORDERED and ADJUDGED that Plaintiff's action is hereby DISMISSED. The clerk shall close the case. Signed by Judge James P. Jones on 5/10/2017. (tvt)

May 10, 2017

May 10, 2017

PACER
45

Order to Vacate 44 Judgment, it is ORDERED that the Judgment is VACATED and case place back on the docket. Signed by Judge James P. Jones on 5/11/2017. (tvt)

May 11, 2017

May 11, 2017

RECAP
46

NOTICE OF INTERLOCUTORY APPEAL as to 43 Order on Motion for Preliminary Injunction by Alfonza Hardy Greenhill. (tvt)

June 1, 2017

June 1, 2017

PACER
47

Transmittal of Notice of Appeal to 4CCA re 46 Notice of Interlocutory Appeal NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (tvt)

June 1, 2017

June 1, 2017

PACER

Assembled Electronic Record Transmitted to 4CCA re 46 Notice of Interlocutory Appeal (tvt)

June 1, 2017

June 1, 2017

PACER
48

NOTICE of Docketing Record on Appeal from USCA re 46 Notice of Interlocutory Appeal filed by Alfonza Hardy Greenhill. USCA Case Number 17-6696 case manager Cathy Poulsen (tvt)

June 1, 2017

June 1, 2017

PACER
49

ORDER of USCA granting leave to proceed without full prepayment of fees as to 46 Notice of Interlocutory Appeal filed by Alfonza Hardy Greenhill (slt)

June 20, 2017

June 20, 2017

PACER
50

USCA Memorandum Opinion from 4th Circuit re 46 Notice of Interlocutory Appeal Affirmed decided on 10/31/2017 (tvt)

Oct. 31, 2017

Oct. 31, 2017

RECAP
51

USCA JUDGMENT as to 46 Notice of Interlocutory Appeal filed by Alfonza Hardy Greenhill (tvt)

Oct. 31, 2017

Oct. 31, 2017

RECAP
52

MANDATE of USCA as to 46 Notice of Interlocutory Appeal filed by Alfonza Hardy Greenhill (tvt)

Nov. 22, 2017

Nov. 22, 2017

PACER
53

OPINION and ORDER granting in part and denying in part 25 Motion for Summary Judgment. The motion is DENIED as to Greenhills claims under RLUIPA against the defendants in their official capacities for injunctive relief regarding beard length and Jumah participation and the motion is GRANTED as to all other claims. The defendants are granted leave to file a supplemental motion for summary judgment within 28 days of the date of entry of this Opinion and Order or the matter will be set for trial. (Opinion and Order mailed to Pro Se Party). Signed by Judge James P. Jones on 12/15/2017. (slt)

Dec. 15, 2017

Dec. 15, 2017

RECAP
54

Supplemental MOTION for Summary Judgment by Earl Barksdale, Harold W. Clarke, A. David Robinson. (Cahill, Laura)

Jan. 12, 2018

Jan. 12, 2018

PACER
55

Brief / Memorandum in Support re 54 Supplemental MOTION for Summary Judgment . filed by Earl Barksdale, Harold W. Clarke, A. David Robinson. (Attachments: # 1 Affidavit)(Cahill, Laura)

1 Affidavit

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Jan. 12, 2018

Jan. 12, 2018

PACER
56

Roseboro Notice and Notice to Parties of Right to Consent to Jurisdiction of United States Magistrate Judge re 54 Supplemental MOTION for Summary Judgment Deadline set for 2/9/2018. (slt)

Jan. 16, 2018

Jan. 16, 2018

PACER
57

RESPONSE in Opposition re 54 Supplemental MOTION for Summary Judgment . filed by Alfonza Hardy Greenhill. (Attachments: # 1 Plaintiff's Brief in Opposition, # 2 Enclosure A, # 3 Enclosure B, # 4 Enclosure C, # 5 Envelope)(tvt)

1 Plaintiff's Brief in Opposition

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2 Enclosure A

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3 Enclosure B

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4 Enclosure C

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5 Envelope

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Feb. 12, 2018

Feb. 12, 2018

PACER
59

Notice of Correction: Changed viewing restriction of Document No. 58 (Transcript) due to the document being filed in the incorrect case; only viewable by court personnel. Document correctly filed in Case No. 7:17CV00129 at ECF No. 76. (ca)

March 28, 2018

March 28, 2018

PACER
60

OPINION and ORDER granting 54 Motion for Summary Judgment (Opinion and Order mailed to Pro Se Party). Signed by Judge James P. Jones on 9/19/2018. (slt)

Sept. 19, 2018

Sept. 19, 2018

RECAP
61

JUDGMENT is rendered in favor of Defendants. Signed by Judge James P. Jones on 9/19/2018. (slt)

Sept. 19, 2018

Sept. 19, 2018

PACER
62

NOTICE OF APPEAL as to 61 Judgment, 60 Order on Motion for Summary Judgment by Alfonza Hardy Greenhill. (ck)

Oct. 22, 2018

Oct. 22, 2018

PACER
63

Transmittal of Notice of Appeal to 4CCA re 62 Notice of Appeal NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (ck)

Oct. 22, 2018

Oct. 22, 2018

PACER

Assembled Electronic Record Transmitted to 4CCA re 62 Notice of Appeal (ck)

Oct. 22, 2018

Oct. 22, 2018

PACER
64

NOTICE of Docketing Record on Appeal from USCA re 62 Notice of Appeal filed by Alfonza Hardy Greenhill. USCA Case Number 18-7300, case manager Ashley Brownlee (ck)

Oct. 23, 2018

Oct. 23, 2018

PACER
65

USCA Appeal Fees received $ 505 receipt number 700058420 paid by Amir Ali; re 62 Notice of Appeal filed by Alfonza Hardy Greenhill (ck) For Appeal case number 18-7300

Nov. 7, 2018

Nov. 7, 2018

PACER
66

ORDER of USCA granting motion to withdraw from further representation as to 62 Notice of Appeal filed by Alfonza Hardy Greenhill (aab)

June 21, 2019

June 21, 2019

PACER
67

USCA Memorandum Opinion from 4th Circuit re 62 Notice of Appeal vacated and remanded; decided on 12/6/2019 (ck)

Dec. 6, 2019

Dec. 6, 2019

PACER
68

USCA JUDGMENT as to 62 Notice of Appeal filed by Alfonza Hardy Greenhill (ck) (Main Document 68 replaced on 12/13/2019 with correct pdf and nef regenerated) (ck). Modified on 12/13/2019 (ck).

Dec. 6, 2019

Dec. 6, 2019

PACER
69

MANDATE of USCA as to 62 Notice of Appeal filed by Alfonza Hardy Greenhill (ck)

Dec. 30, 2019

Dec. 30, 2019

PACER
70

Order to Respond; Defendants may file a supplemental motion for summary judgment, consistent with the Fourth Circuit's Opinion, within 60 days of the date of this order; plaintiff shall file any brief in opposition within 28 days thereafter; the defendants may then file a reply in support of their motion within 14 days of the filing of the plaintiff's brief in opposition. Signed by Judge James P. Jones on 4/6/20. (flc)

April 6, 2020

April 6, 2020

RECAP

Pro Se Certificate of Mailing

April 6, 2020

April 6, 2020

PACER

Document 70 mailed to Pro Se Plaintiff via US Mail (flc)

April 6, 2020

April 6, 2020

PACER
71

MOTION for Scott Edson to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3369156. by Alfonza Hardy Greenhill. (Attachments: # 1 Text of Proposed Order Proposed Order)(O'Brien, Kevin)

1 Text of Proposed Order Proposed Order

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April 10, 2020

April 10, 2020

PACER
72

MOTION for Jarred Reiling to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3369164. by Alfonza Hardy Greenhill. (Attachments: # 1 Text of Proposed Order Proposed Order)(O'Brien, Kevin)

1 Text of Proposed Order Proposed Order

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April 10, 2020

April 10, 2020

PACER
73

MOTION for Kathryn Lehman to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3369167. by Alfonza Hardy Greenhill. (Attachments: # 1 Text of Proposed Order Proposed Order)(O'Brien, Kevin)

1 Text of Proposed Order Proposed Order

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April 10, 2020

April 10, 2020

PACER
74

NOTICE of Appearance by Kevin Jordan O'Brien on behalf of Alfonza Hardy Greenhill (O'Brien, Kevin)

April 10, 2020

April 10, 2020

PACER
75

MOTION Motion to Terminate Mary Grace Miller as Counsel of Record for Defendants by Earl Barksdale, Harold W. Clarke, A. David Robinson. (Attachments: # 1 Text of Proposed Order)(Cahill, Laura)

1 Text of Proposed Order

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April 10, 2020

April 10, 2020

PACER
76

Pursuant to STANDING ORDER 2019-5, the U.S. Magistrate Judge Pamela Meade Sargent is referred to this case. Magistrate Judge Robert S. Ballou no longer assigned to the case. Motions referred to Pamela Meade Sargent. (tvt)

April 27, 2020

April 27, 2020

PACER

Standing Order 2019-5 Case Referred to Magistrate Judge

April 27, 2020

April 27, 2020

PACER
77

ORDER granting 75 Motion to Terminate Mary Grace Miller as Counsel of Record for the Defendants Signed by Magistrate Judge Pamela Meade Sargent on 4/28/20. (ejs)

April 28, 2020

April 28, 2020

PACER
78

ORDER granting 71 MOTION to Appear Pro Hac Vice Attorney Scott Edson for Alfonza Hardy Greenhill added; granting 72 MOTION to Appear Pro Hac Vice Attorney Jarred Reiling for Alfonza Hardy Greenhill added; granting 73 MOTION to Appear Pro Hac Vice Attorney Kathryn Lehman for Alfonza Hardy Greenhill added Signed by Magistrate Judge Pamela Meade Sargent on 4/28/20. (ejs)

April 28, 2020

April 28, 2020

PACER
79

MOTION for Extension of Time to File Response/Reply as to 70 Order to Respond, by Earl Barksdale, Harold W. Clarke, A. David Robinson. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Cahill, Laura)

1 Text of Proposed Order

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June 5, 2020

June 5, 2020

PACER
80

ORDER granting 79 Motion for Extension of Time to File Response/Reply Signed by Magistrate Judge Pamela Meade Sargent on 6/8/20. (ejs)

June 8, 2020

June 8, 2020

PACER
81

MOTION for Leave to File an Amended Complaint (Unopposed) by Alfonza Hardy Greenhill. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(O'Brien, Kevin) Modified on 7/6/2020 to remove referral text from docket entry(flc).

1 Exhibit A

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2 Exhibit B

View on PACER

3 Text of Proposed Order

View on PACER

July 6, 2020

July 6, 2020

PACER
82

ORDER granting 81 Motion for Leave to File an Amended Complaint; Plainitff shall file the proposed Amended Complaint, attached as Exhibit A to the Motion, as a separate docket entry Signed by Judge James P. Jones on 7/7/2020. (tvt)

July 7, 2020

July 7, 2020

PACER
83

AMENDED COMPLAINT against All Defendants, filed by Alfonza Hardy Greenhill. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(O'Brien, Kevin)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

July 8, 2020

July 8, 2020

PACER
84

NOTICE of Appearance by Laura Haeberle Cahill on behalf of Larry Collins, Aimee Duncan, Fuller, Jeffrey Kiser, Walter Sweeney (Cahill, Laura)

Aug. 4, 2020

Aug. 4, 2020

PACER
85

WAIVER OF SERVICE Returned Executed by Harold W. Clarke, Jeffrey Kiser, Aimee Duncan, A. David Robinson, Larry Collins, Walter Sweeney, Earl Barksdale, Fuller. Harold W. Clarke waiver sent on 7/13/2020, answer due 9/11/2020; Jeffrey Kiser waiver sent on 7/13/2020, answer due 9/11/2020; Aimee Duncan waiver sent on 7/13/2020, answer due 9/11/2020; A. David Robinson waiver sent on 7/13/2020, answer due 9/11/2020; Larry Collins waiver sent on 7/13/2020, answer due 9/11/2020; Walter Sweeney waiver sent on 7/13/2020, answer due 9/11/2020; Earl Barksdale waiver sent on 7/13/2020, answer due 9/11/2020; Fuller waiver sent on 7/13/2020, answer due 9/11/2020.(Cahill, Laura)

Aug. 4, 2020

Aug. 4, 2020

PACER
86

NOTICE of Voluntary Dismissal without prejudice as to Defendant GraceInside and Defendant Daniel R. Theiben by Alfonza Hardy Greenhill (O'Brien, Kevin)

Aug. 6, 2020

Aug. 6, 2020

PACER
87

ORDER dismissing without prejudice all claims against GraceInside and Daniel R. Theiben (Chaplain). Signed by Judge James P. Jones on 8/7/2020. (slt)

Aug. 7, 2020

Aug. 7, 2020

PACER
88

NOTICE of Voluntary Dismissal by Alfonza Hardy Greenhill (O'Brien, Kevin)

Aug. 7, 2020

Aug. 7, 2020

PACER
89

STIPULATION of Dismissal with Prejudice by Alfonza Hardy Greenhill (O'Brien, Kevin)

Aug. 7, 2020

Aug. 7, 2020

PACER
90

FINAL ORDER DISMISSING CASE WITH Prejudice. Signed by Judge James P. Jones on 8/10/2020. (slt)

Aug. 10, 2020

Aug. 10, 2020

RECAP

Case Details

State / Territory: Virginia

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 19, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmate at the Red Onion State Prison who is a practicing Muslim.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Virginia Department of Corrections, 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)

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

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Food service / nutrition / hydration

Religious programs / policies

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run