Case: American Humanist Association v. Perry

5:15-ct-03053 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Feb. 25, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the refusal of North Carolina's Department of Public Safety (DPS) to recognize Humanism as a faith group within the state prison system. On February 2, 2015, an inmate in a North Carolina prison and the American Humanist Association filed this lawsuit in the Eastern District of North Carolina against officers of the North Carolina Department of Public Safety that are involved in policy decisions related to recognition of faith groups in state prison under 42 U.S.C. § 1983. Re…

This case is about the refusal of North Carolina's Department of Public Safety (DPS) to recognize Humanism as a faith group within the state prison system. On February 2, 2015, an inmate in a North Carolina prison and the American Humanist Association filed this lawsuit in the Eastern District of North Carolina against officers of the North Carolina Department of Public Safety that are involved in policy decisions related to recognition of faith groups in state prison under 42 U.S.C. § 1983. Represented by the American Humanist Association's own legal team as well as private counsel, the plaintiffs alleged that the defendants' disparate treatment of Humanists violated the Establishment Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs sought declaratory relief, a permanent injunction, and attorneys' fees.

On July 28, 2017, both the plaintiffs and defendants filed for summary judgment. On March 29, 2018, Judge Terrence W. Boyle granted the plaintiffs' motion for summary judgment and denied the defendants' motion for summary judgment. 303 F.Supp.3d 421. The court rejected the defendants' argument that the American Humanist Association did not have standing in this case. Judge Boyle found that the American Humanist Association had associational standing because of its representation of other Humanist inmates incarcerated by the North Carolina Department of Public Safety.

Regarding the plaintiffs' First Amendment claim, the court found that the defendants violated the Establishment Clause because the defendants did not have a secular purpose for denying Humanism recognition as a religious group or for their decision to prohibit Humanist inmates from organized group meetings. In addition, the defendants failed to put forth any evidence to support space, resource, or security concerns applicable to Humanist inmates that did not apply equally to other religious groups. Regarding the plaintiffs' Equal Protection claim, the court found that a violation because the defendants' authorized other non-theistic religions but not Humanism and there was not a rational connection between the defendants' cited interests in space, resources, and security and their refusal to recognize Humanism.

Judge Boyle granted the plaintiffs' request for a permanent injunction, ordering DPS to recognize Humanism as a faith group and to permit a Humanist study group to meet within North Carolina state prisons on the same terms as other faiths are allowed. He also granted the plaintiffs' request for a declaratory judgment, stating that the defendants violated the Establishment Clause and the Equal Protection Clause by refusing to recognize Humanism as a faith group and to allow it to be designated on an inmate's prison records. Because the plaintiffs suffered constitutional violations at the hands of defendants, the court awarded nominal damages ($1.00) to the plaintiffs. Judge Boyle also awarded the plaintiffs attorneys' fees pursuant to 42 U.S.C. § 1988. The court retained jurisdiction to make any further orders necessary to carry out the terms of the relief.

On July 9, 2018, the court ordered defendants to pay $5,905.25 to the plaintiffs for various court costs. On July 10, 2018, the plaintiffs withdrew their motion for attorneys' fees and litigation expenses, because the parties privately settled the matter of attorneys fees and expenses. Since the entering of the permanent injunction and motions regarding attorneys fees and costs, there has been no activity in this case. The permanent injunction remains in effect.

Summary Authors

Nicholas Gillan (9/24/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5691704/parties/american-humanist-association-v-perry/


Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Jackson, John Christopher (North Carolina)

Johnson, Kari (North Carolina)

Kivus, John T (North Carolina)

Miller, Monica L (District of Columbia)

Niose, David (District of Columbia)

Wood, W Swain (North Carolina)

Attorneys(s) for Defendant

Finarelli, Joseph (North Carolina)

Grande, Kimberly D. (North Carolina)

Woodward, Thomas M (North Carolina)

Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Jackson, John Christopher (North Carolina)

Johnson, Kari (North Carolina)

Kivus, John T (North Carolina)

Miller, Monica L (District of Columbia)

Niose, David (District of Columbia)

Wood, W Swain (North Carolina)

Attorneys(s) for Defendant

Finarelli, Joseph (North Carolina)

Grande, Kimberly D. (North Carolina)

Woodward, Thomas M (North Carolina)

Documents in the Clearinghouse

Document

Docket [PACER]

American Humanist Organization v. Perry

July 10, 2018 Docket
1

Complaint

Feb. 25, 2015 Complaint
103

Order

303 F.Supp.3d 421

March 29, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5691704/american-humanist-association-v-perry/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by AMERICAN HUMANIST ASSOCIATION, Kwame Jamal Teague against Party Frank L. Perry, David Guice, George Solomon, Betty Brown, Gwen Norville, David Mitchell and Sara R. Cobb ( Filing fee $ 400 receipt number 0417-3203740.),. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Proposed Summons Sara R Cobb Summons, # 3 Proposed Summons David Mitchell, # 4 Proposed Summons George Solomon, # 5 Proposed Summons Frank L Perry, # 6 Proposed Summons Gwen Norville, # 7 Proposed Summons W. David Guice, # 8 Proposed Summons Betty Brown, # 9 Exhibit 1 - Humanist Manifesto II & III, # 10 Exhibit 2 - Religious Practices Reference Manual, # 11 Exhibit 3 - Policy H0103, # 12 Exhibit 4 - Admin Remedy Procedure, # 13 Exhibit 5 - Teague letter to Brown, # 14 Exhibit 6 - AHA letter to Brown, # 15 Exhibit 7 - Brown letter to AHA, # 16 Exhibit 8 - Brown letter to Teague, # 17 Exhibit A - Declaration of Randall Best, # 18 Exhibit 9 - Best letter to Brown, # 19 Exhibit 10 - AHA letter to Solomon & Brown, # 20 Exhibit 11 - Miller email to Brown) (Wood, W.) Modified on 3/2/2015 to change against all plaintiff to include defendants that were not added in the case opening procedure. (McDowell, G.). (Entered: 02/25/2015)

1 Civil Cover Sheet Cover Sheet

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2 Proposed Summons Sara R Cobb Summons

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3 Proposed Summons David Mitchell

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4 Proposed Summons George Solomon

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5 Proposed Summons Frank L Perry

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6 Proposed Summons Gwen Norville

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7 Proposed Summons W. David Guice

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8 Proposed Summons Betty Brown

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9 Exhibit 1 - Humanist Manifesto II & III

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10 Exhibit 2 - Religious Practices Reference Manual

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11 Exhibit 3 - Policy H0103

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12 Exhibit 4 - Admin Remedy Procedure

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13 Exhibit 5 - Teague letter to Brown

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14 Exhibit 6 - AHA letter to Brown

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15 Exhibit 7 - Brown letter to AHA

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16 Exhibit 8 - Brown letter to Teague

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17 Exhibit A - Declaration of Randall Best

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18 Exhibit 9 - Best letter to Brown

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19 Exhibit 10 - AHA letter to Solomon & Brown

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20 Exhibit 11 - Miller email to Brown

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Feb. 25, 2015 RECAP
2

NOTICE of Appearance by W. Swain Wood on behalf of All Plaintiffs (Wood, W.) (Entered: 02/25/2015)

Feb. 25, 2015 PACER
3

FINANCIAL DISCLOSURE STATEMENT by AMERICAN HUMANIST ASSOCIATION. (Wood, W.) (Entered: 02/25/2015)

Feb. 25, 2015 PACER
4

NOTICE of Appearance by John Christopher Jackson on behalf of All Plaintiffs (Jackson, John) (Entered: 02/25/2015)

Feb. 25, 2015 PACER
5

ORDER - redesignating case as a Western Division Prisoner Civil Rights case. All future pleadings should reflect the revised case number of: 5:15-CT-3053-F. Signed by Jolie Skinner for Julie Richards Johnston, Clerk of Court on 3/2/2015. (McDowell, G.) (Entered: 03/02/2015)

March 2, 2015 PACER

Case Transferred In - Divisional Transfer

March 2, 2015 PACER

Notice of Correction

March 2, 2015 PACER

Case transferred in from Western Division Civil Case on on 03/02/2015. Case Number 5:15-cv-70. (McDowell, G.)

March 2, 2015 PACER

NOTICE OF CORRECTION regarding: 1 Complaint. The defendants were not added in CM/ECF and have now been added and docket entry corrected. (McDowell, G.)

March 2, 2015 PACER

Notice of Deficiency

March 2, 2015 PACER

NOTICE OF DEFICIENCY regarding: 1 Complaint. Pursuant to Section B(3) of the Policy Manual - PDF Forms. When using fillable forms to file in CM/ECF, the court prefers that these forms be flattened. Please flatten the summonses and re-file. (McDowell, G.)

March 2, 2015 PACER

Case Submitted

March 2, 2015 PACER

NOTICE OF DEFICIENCY regarding: 1 Complaint - Pursuant to Section L(2)(c) of the policy manual - When filing a document with more than five (5) exhibits or attachments, the first attached exhibit or attachment must be an index of all of the subsequently attached documents. (McDowell, G.)

March 2, 2015 PACER

Case Submitted to Senior US District Judge James C. Fox: for complaint review. (McDowell, G.)

March 2, 2015 PACER
6

NOTICE by American Humanist Association regarding 1 Complaint, Proposed Summons to Frank L. Perry. (Attachments: # 1 Proposed Summons to W. David Guice, # 2 Proposed Summons to George Solomon, # 3 Proposed Summons to Betty Brown, # 4 Proposed Summons to Gwen Norville, # 5 Proposed Summons to David Mitchell, # 6 Proposed Summons Sara R. Cobb) (Wood, W.) (Entered: 03/02/2015)

March 2, 2015 PACER
7

NOTICE of Appearance for non-district by Monica L. Miller on behalf of All Plaintiffs. (Miller, Monica) (Entered: 03/03/2015)

March 3, 2015 PACER
8

NOTICE of Appearance for non-district by David A. Niose on behalf of All Plaintiffs. (Niose, David) (Entered: 03/03/2015)

March 3, 2015 PACER
9

ORDER DIRECTING CLERK TO CONTINUE MANAGEMENT OF CASE of Plaintiffs' claims. Signed by Senior US District Judge James C. Fox on 3/26/2015. (McDowell, G.) (Entered: 03/26/2015)

March 26, 2015 PACER
10

Summons Issued as to Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, and George Solomon. (McDowell, G.) (Entered: 03/26/2015)

March 26, 2015 PACER
11

***REFER TO DE# 14 FOR FLATTENED WAIVER OF SERVICE Returned Executed by Sara R. Cobb. Sara R. Cobb waiver sent on 4/15/2015, answer due 6/14/2015. (Grande, Kimberly) (Entered: 04/15/2015)

April 15, 2015 PACER

Notice to Counsel

April 15, 2015 PACER
12

NOTICE of Appearance by Kimberly D. Grande on behalf of Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. (Grande, Kimberly) (Entered: 04/15/2015)

April 15, 2015 PACER
13

MOTION for Extension of Time to File Answer regarding 1 Complaint by Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. (Attachments: # 1 Text of Proposed Order) (Grande, Kimberly) (Entered: 04/15/2015)

April 15, 2015 PACER

NOTICE TO COUNSEL regarding: 11 Waiver of Service Executed. The court prefers flattened pdf fillable forms, as stated in Section B(3) of the Administrative Policies and Procedures Manual. Please re-file a flattened version of your waiver. (Fogle, L.)

April 15, 2015 PACER
14

WAIVER OF SERVICE Returned Executed by Sara R. Cobb. (Grande, Kimberly) (Entered: 04/15/2015)

April 15, 2015 PACER
15

ORDER - granting 13 Motion for Extension of Time to Answer. Betty Brown answer due 5/29/2015; Sara R. Cobb answer due 5/29/2015; David Guice answer due 5/29/2015; David Mitchell answer due 5/29/2015; Gwen Norville answer due 5/29/2015; Frank L. Perry answer due 5/29/2015; George Solomon answer due 5/29/2015. Signed by Julie Richards Johnston, Clerk of Court on 4/16/2015. (McDowell, G.) (Entered: 04/16/2015)

April 16, 2015 PACER
16

NOTICE of Appearance by Kari R. Johnson on behalf of Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon (Johnson, Kari) (Entered: 05/28/2015)

May 28, 2015 PACER
17

ANSWER to 1 Complaint,,,,, by Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. (Johnson, Kari) (Entered: 05/28/2015)

May 28, 2015 PACER
18

ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 5/29/2015. (McDowell, G.) (Entered: 05/29/2015)

May 29, 2015 PACER
19

Rule 26(f) Report (joint) filed by Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. (Johnson, Kari) (Entered: 06/18/2015)

June 18, 2015 PACER
20

SCHEDULING ORDER: Amended Pleadings due by 9/14/2015. Discovery due by 2/26/2016. Motions due by 3/28/2016. The trial of this matter is scheduled for Judge Fox's July 11, 2016 term of court in Wilmington, North Carolina. Signed by Magistrate Judge Robert B. Jones, Jr. on 6/22/2015. Counsel is reminded to read the entire order for critical dates and deadlines. (Indig, A.) (Entered: 06/22/2015)

June 22, 2015 PACER

Set/Reset Trial Management Order Deadlines

June 27, 2015 PACER

Set Trial Management Order Deadline: Bench Trial set for the court's 7/11/2016 TERM in Wilmington - Courtroom 1 before Senior Judge James C. Fox. (Edwards, S.)

June 27, 2015 PACER
21

Joint MOTION Settlement Conference regarding 20 Scheduling Order, filed by Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. (Grande, Kimberly) (Entered: 09/15/2015)

Sept. 15, 2015 PACER

Motion Submitted

Sept. 16, 2015 PACER

Motion Submitted to Senior Judge James C. Fox: regarding 21 Joint MOTION Settlement Conference regarding 20 Scheduling Order. (Indig, A.)

Sept. 16, 2015 PACER
22

MOTION for Extension of Time to Complete Discovery filed by Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. (Attachments: # 1 Text of Proposed Order) (Johnson, Kari) (Entered: 10/02/2015)

Oct. 2, 2015 PACER

Motion Referred

Oct. 2, 2015 PACER

Motion Referred to US Magistrate Judge Robert B. Jones, Jr regarding: 22 MOTION for Extension of Time to Complete Discovery. (McDowell, G.)

Oct. 2, 2015 PACER
23

ORDER granting 22 Motion for Extension of Time to Complete Discovery. Defendants have up to and including November 24, 2015 to respond to the discovery served by Plaintiffs on September 25,2015. Signed by US Magistrate Judge Robert B. Jones, Jr. on 10/2/2015. (McDowell, G.) (Entered: 10/02/2015)

Oct. 2, 2015 PACER
24

MOTION for Extension of Time to Respond to Defendants' First Interrogatories and Requests for Production of Documents filed by American Humanist Association, Kwame Jamal Teague. (Attachments: # 1 Text of Proposed Order Proposed Order) (Jackson, John) (Entered: 10/13/2015)

Oct. 13, 2015 PACER

Motion Submitted

Oct. 13, 2015 PACER

Motion Submitted to United States Senior Judge James C. Fox regarding 24 MOTION for Extension of Time to Respond to Defendants' First Interrogatories and Requests for Production of Documents. (Blankenship, T.)

Oct. 13, 2015 PACER

Motion No Longer Submitted

Oct. 14, 2015 PACER

Motion No Longer Submitted to United States Senior Judge James C. Fox regarding 24 MOTION for Extension of Time to Respond to Defendants' First Interrogatories and Requests for Production of Documents. (Blankenship, T.)

Oct. 14, 2015 PACER

Motion Referred

Oct. 14, 2015 PACER

Motion Referred to United States Magistrate Judge Robert B. Jones, Jr. regarding 24 MOTION for Extension of Time to Respond to Defendants' First Interrogatories and Requests for Production of Documents. (Blankenship, T.)

Oct. 14, 2015 PACER
25

ORDER - GRANTING 24 Motion for Extension of Time. Plaintiffs shall have through and including December 11, 2015 to serve their responses to Defendants' Discovery Requests. Signed by Magistrate Judge Robert B. Jones, Jr. on 10/16/2015. Counsel is reminded to read the entire order for critical dates and deadlines. (Indig, A.) (Entered: 10/16/2015)

Oct. 16, 2015 PACER
26

ORDER granting 21 Motion joint motion for a court hosted settlement conference. The matter is referred to Magistrate Judge Robert B. Jones, Jr. to conduct a court hosted settlement conference to be scheduled as his calendar permits. Signed by Senior US District Judge James C. Fox on 11/9/2015. (Copy emailed to US Magistrate Judge Robert B. Jones, Jr.) (McDowell, G.) (Entered: 11/09/2015)

Nov. 9, 2015 PACER
27

Order Setting Hearing - Settlement Conference set for 2/26/2016 at 10:30 AM in Wilmington - Courtroom 3 before Magistrate Judge Robert B. Jones Jr. Signed by Magistrate Judge Robert B. Jones, Jr on 12/14/2015. Counsel is reminded to read the entire order for critical information and deadlines. (Indig, A.) (Entered: 12/14/2015)

Dec. 14, 2015 PACER
28

Notice filed by American Humanist Association, Kwame Jamal Teague of Change of Firm. (Jackson, John) (Entered: 01/08/2016)

Jan. 8, 2016 PACER
29

Joint MOTION for Extension of Time Motion to Extend Case Management Deadlines filed by American Humanist Association, Kwame Jamal Teague. (Jackson, John) (Entered: 01/26/2016)

Jan. 26, 2016 PACER

Motion Submitted

Jan. 26, 2016 PACER
30

Memorandum in Support regarding 29 Joint MOTION for Extension of Time Motion to Extend Case Management Deadlines filed by American Humanist Association, Kwame Jamal Teague. (Jackson, John) (Entered: 01/26/2016)

Jan. 26, 2016 PACER

Motion Submitted to Senior Judge James C. Fox: regarding 29 Joint MOTION for Extension of Time Motion to Extend Case Management Deadlines. (McLemore, J)

Jan. 26, 2016 PACER

Motion No Longer Submitted

Jan. 29, 2016 PACER

Motion No Longer Submitted to Senior Judge James C. Fox: regarding 29 Joint MOTION for Extension of Time Motion to Extend Case Management Deadlines. Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding: 29 Joint MOTION for Extension of Time Motion to Extend Case Management Deadlines. Motions referred to Robert B. Jones, Jr. (McLemore, J)

Jan. 29, 2016 PACER
31

ORDER granting 29 Motion for Extension of Time. Signed by Magistrate Judge Robert B. Jones, Jr on 2/1/2016. (McLemore, J). (Entered: 02/01/2016)

Feb. 1, 2016 PACER
32

APPLICATION for Writ of For Inmate to Appear at Settlement Conference by Sara R. Cobb, Betty Brown, George Solomon, David Mitchell, Frank L. Perry, Gwen Norville, David Guice filed by Sara R. Cobb, Betty Brown, George Solomon, David Mitchell, Frank L. Perry, Gwen Norville, David Guice. (Attachments: # 1 Text of Proposed Order Proposed Writ) (Johnson, Kari) (Entered: 02/02/2016)

Feb. 2, 2016 PACER

Motion Referred

Feb. 2, 2016 PACER

Motion Referred to United States Magistrate Judge Robert B. Jones, Jr. regarding 32 APPLICATION for Writ of For Inmate to Appear at Settlement Conference by Sara R. Cobb, Betty Brown, George Solomon, David Mitchell, Frank L. Perry, Gwen Norville, David Guice. (Blankenship, T.)

Feb. 2, 2016 PACER
33

WRIT OF HABEAS CORPUS issued by Magistrate Judge Robert B. Jones, Jr. Copies distributed to Director of Prisons; the Attorney General of North Carolina, Department of Justice; the Superintendent/Administrator of Nash Correctional Institution; and the U.S. Marshal, Wilmington, North Carolina. (Indig, A.) (Entered: 02/03/2016)

Feb. 3, 2016 PACER
34

Joint MOTION Excuse attendance from settlement conference regarding 27 Set Deadlines/Hearings, filed by Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. (Attachments: # 1 Text of Proposed Order) (Grande, Kimberly) (Entered: 02/15/2016)

Feb. 15, 2016 PACER

Motion Referred

Feb. 16, 2016 PACER

Motion Referred to United States Magistrate Judge Robert B. Jones, Jr. regarding 34 Joint MOTION Excuse attendance from settlement conference regarding 27 Set Deadlines/Hearings . (Blankenship, T.)

Feb. 16, 2016 PACER
35

ORDER granting 34 Motion to excuse attendance from settlement conference. Defendants, with the exception of George Solomon, shall be excused from attending the judicial settlement conference on February 26, 2016, and Ms. Miller, on behalf of AHA, shall be permitted to appear and participate by telephone. Signed by Magistrate Judge Robert B. Jones, Jr. on 2/19/2016. (McLemore, J) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
36

Minute Entry for proceeding held before Magistrate Judge Robert B. Jones, Jr.: Settlement Conference held on 2/26/2016 in Wilmington, Courtroom 3. Plaintiff Teague present with counsel. Defendant Solomon present with counsel. Negotiations reach an impasse and the parties are unable to settle the case. (Court Reporter FTR Gold) (Grady, B.) (Entered: 02/26/2016)

Feb. 26, 2016 PACER
37

MOTION to Compel filed by American Humanist Association, Kwame Jamal Teague. (Attachments: # 1 Memorandum In Support, # 2 Index of Exhibits, # 3 Exhibit 1 AHA INTS, # 4 Exhibit 2 AHA RFPs, # 5 Exhibit 3 AHA RFAs, # 6 Exhibit 4 D. Respn. INTS, # 7 Exhibit 5 Brown Respn. INTS, # 8 Exhibit 6 D. Respn. RFP, # 9 Exhibit 7 D. Respn. RFA, # 10 Exhibit 8 D. Ex. D, # 11 Exhibit 9 D. Ex. N, # 12 Exhibit 10 AHA Letter 1-29-16, # 13 Exhibit 11 D letter 2-26-16, # 14 Exhibit 12 AHA letter 3-15-16, # 15 Exhibit 13 Bumgarner, # 16 Exhibit 14 Table of Discovery) (Miller, Monica) (Entered: 04/12/2016)

April 12, 2016 PACER
38

RESPONSE in Opposition regarding 37 MOTION to Compel filed by Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. (Attachments: # 1 Exhibit NCDPS Policy, # 2 Exhibit Utt Order) (Johnson, Kari) (Entered: 04/26/2016)

April 26, 2016 PACER
39

MOTION for Protective Order Joint Consent Motion filed by Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. (Attachments: # 1 Text of Proposed Order Proposed Protective Order, # 2 Exhibit Confidentiality Agreement) (Johnson, Kari) (Entered: 04/26/2016)

April 26, 2016 PACER

Motion Referred

April 27, 2016 PACER

Motions Referred to US Magistrate Judge Robert B. Jones, Jr. regarding: 37 MOTION to Compel and 39 MOTION for Protective Order Joint Consent Motion. (Indig, A.)

April 27, 2016 PACER

Notice of Deficiency

April 28, 2016 PACER

NOTICE OF DEFICIENCY regarding: 39 Motion for Protective Order. The proposed consent protective order is not signed by all counsel. The document should be corrected and refiled. (Indig, A.)

April 28, 2016 PACER
40

AMENDED DOCUMENT by Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. Amendment to 39 MOTION for Protective Order Joint Consent Motion (Amended Signed Consent Order) (Johnson, Kari) (Entered: 04/29/2016)

April 29, 2016 PACER
41

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge Robert B. Jones, Jr. on 5/2/2016. (Indig, A.) (Entered: 05/02/2016)

May 2, 2016 PACER
42

Joint MOTION for Extension of Time Motion to Extend Case Management Deadlines filed by American Humanist Association, Kwame Jamal Teague. (Jackson, John) (Entered: 06/02/2016)

June 2, 2016 PACER

Motion Referred

June 2, 2016 PACER
43

Memorandum in Support regarding 42 Joint MOTION for Extension of Time Motion to Extend Case Management Deadlines filed by American Humanist Association, Kwame Jamal Teague. (Jackson, John) (Entered: 06/02/2016)

June 2, 2016 PACER

Motion Referred to United States Magistrate Judge Robert B. Jones, Jr. regarding 42 Joint MOTION for Extension of Time Motion to Extend Case Management Deadlines. (Blankenship, T.)

June 2, 2016 PACER

Motions No Longer Referred

June 6, 2016 PACER

Motion No Longer Referred to United States Magistrate Judge Robert B. Jones, Jr. regarding 42 Joint MOTION for Extension of Time Motion to Extend Case Management Deadlines. (Blankenship, T.)

June 6, 2016 PACER

Notice of Deficiency - Failure to File Proposed Order

June 6, 2016 PACER

NOTICE OF DEFICIENCY regarding 42 Motion for Extension of Time. At the direction of the court, counsel shall file a proposed order granting the motion pursuant to Local Civil Rule 6.1. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (Blankenship, T.)

June 6, 2016 PACER
44

Proposed Order regarding 42 Joint MOTION for Extension of Time Motion to Extend Case Management Deadlines filed by American Humanist Association, Kwame Jamal Teague. (Jackson, John) (Entered: 06/06/2016)

June 6, 2016 PACER
45

ORDER - GRANTING 42 Motion for Extension of Time. All discovery will be completed no later than September 23, 2016; all potentially dispositive motions will be filed no later than October 27, 2016; and the trial of this matter is scheduled for Judge Fox's February 13, 2017 term of court in Wilmington, North Carolina. Signed by Magistrate Judge Robert B. Jones, Jr. on 6/7/2016. (Indig, A.) (Entered: 06/07/2016)

June 7, 2016 PACER
46

MOTION to Withdraw as Attorney (Kari R. Johnson) filed by Betty Brown, Sara R. Cobb, David Guice, David Mitchell, Gwen Norville, Frank L. Perry, George Solomon. (Attachments: # 1 Text of Proposed Order) (Johnson, Kari) (Entered: 06/11/2016)

June 11, 2016 PACER

Motion Submitted

June 13, 2016 PACER

Motion Submitted to Senior Judge James C. Fox regarding 46 MOTION to Withdraw as Attorney (Kari R. Johnson). (Agiovlassitis, J.)

June 13, 2016 PACER

Motion No Longer Submitted

June 15, 2016 PACER

Motion No Longer Submitted to Senior Judge James C. Fox regarding 46 MOTION to Withdraw as Attorney (Kari R. Johnson). Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding 46 MOTION to Withdraw as Attorney (Kari R. Johnson). (Agiovlassitis, J.)

June 15, 2016 PACER
47

ORDER granting 46 Motion to Withdraw as Attorney. Attorney Kari R. Johnson terminated. Signed by Magistrate Judge Robert B. Jones, Jr. on 6/17/2016. (McLemore, J) (Entered: 06/17/2016)

June 17, 2016 PACER

Motions No Longer Referred

July 11, 2016 PACER

Motion Submitted to Senior Judge James C. Fox: 37 MOTION to Compel. Motion No Longer Referred to Magistrate Judge Robert B. Jones, Jr.: 37 MOTION to Compel. (Indig, A.)

July 11, 2016 PACER
48

Consent MOTION for Extension of Time Motion to Extend Case Management Deadlines filed by American Humanist Association, Kwame Jamal Teague. (Jackson, John) (Entered: 09/14/2016)

Sept. 14, 2016 PACER

Motion Referred

Sept. 14, 2016 PACER
49

Memorandum in Support regarding 48 Consent MOTION for Extension of Time Motion to Extend Case Management Deadlines filed by American Humanist Association, Kwame Jamal Teague. (Jackson, John) (Entered: 09/14/2016)

Sept. 14, 2016 PACER
50

Proposed Order regarding 49 Memorandum in Support, 48 Consent MOTION for Extension of Time Motion to Extend Case Management Deadlines filed by American Humanist Association, Kwame Jamal Teague. (Jackson, John) (Entered: 09/14/2016)

Sept. 14, 2016 PACER

Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding: 48 Consent MOTION for Extension of Time Motion to Extend Case Management Deadlines. (Agiovlassitis, J.)

Sept. 14, 2016 PACER
51

ORDER - GRANTING 48 Motion for Extension of Time. Discovery will be completed no later than January 13, 2017; dispositive motions will be filed no later than February 13, 2017 and the trial is scheduled for Judge Fox's June 26, 2017 term of court. Signed by Magistrate Judge Robert B. Jones, Jr. on 9/15/2016. (Indig, A.) (Entered: 09/15/2016)

Sept. 15, 2016 PACER

State / Territory: North Carolina

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 25, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Humanist inmate in the custody of North Carolina Department of Public Safety and the American Humanist Association, a nonprofit promoting Humanism, the separation of church and state, and the constitutional rights of Humanists

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Carolina Department of Public Safety (Raleigh, Wake), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: 5,906.25

Order Duration: 2018 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run