Case: Muhammad v. Coughlin

1:91-cv-06333 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 19, 1991

Clearinghouse coding complete

Case Summary

On September 19, 1991, an inmate member of the Nation of Islam (NOI) brought a pro se lawsuit in the U.S. District Court for the Southern District of New York, against the New York City Department of Corrections (NYC) for violations of his religious freedoms. The inmate brought suit under 42 U.S.C. § 1983 alleging violations of the Religious Freedom Restoration Act (RFRA), the First Amendment, and state law. In June 1993, the court (Judge Loretta Preska) appointed a private law firm to repres…

On September 19, 1991, an inmate member of the Nation of Islam (NOI) brought a pro se lawsuit in the U.S. District Court for the Southern District of New York, against the New York City Department of Corrections (NYC) for violations of his religious freedoms. The inmate brought suit under 42 U.S.C. § 1983 alleging violations of the Religious Freedom Restoration Act (RFRA), the First Amendment, and state law. In June 1993, the court (Judge Loretta Preska) appointed a private law firm to represent the inmate. Eventually seven additional NOI followers were joined as a plaintiffs and in a second amended complaint, the inmates asked for injunctive relief ordering the defendants to recognize the NOI as a religion, to make free NOI services available to inmates, to recognize the holy days of the NOI, and to allow the NOI members to possess NOI literature that does not present a clear and present danger. The inmates also sought monetary damages. The New York State Department of Corrections (NYS) was also joined as a defendant. The defendants stipulated that any relief afforded the plaintiffs would be implemented on a system wide basis, rendering moot the need to certify a class.

Both NYC and NYS moved to dismiss the RFRA claims on the grounds that RFRA was unconstitutional. NYS, but not NYC subsequently withdrew the constitutional challenge. On June 30, 1994, the court (Judge Preska) allowed the U.S. to intervene on the question of the constitutionality of RFRA. A bench trial was held in December 1994 (the docket says a jury trial but appears to be in error, see Muhammad v. City of New York Department of Corrections, 904 F.Supp. 161, 166 (S.D.N.Y. 1995)). Prior to completion of the trial the NYS defendants settled--but the NYC defendants did not. On January 9, 1995, the court (Judge Preska) certified the settlement between the plaintiffs and NYS which included a stipulation that at the time the inmate population affiliated with the NOI exceeds 200, NYS would hire a part time NOI minister. The docket states that on April 20, 1995, the court (Judge Preska) dismissed all claims against NYS with prejudice but in a later opinion she describes the settlement as a consent decree that she approved. See Muhammad, 904 F.Supp. at 167.

On October 17, 1995, the court (Judge Preska) found that the actions of the remaining defendants did not violate the inmates' constitutional or statutory rights and that even if they did the city actors were entitled to a defense of qualified immunity. Muhammad v. City of New York Department of Corrections, 904 F.Supp. 161 (S.D.N.Y. 1995). The court found that because prisoners were offered generic Islamic services and an unlimited opportunity to meet with NOI spiritual leaders, the lack of a specific NOI service did not substantially burden the inmates' practice of religion under RFRA. The court also found that the inmates' free exercise was not substantially burdened because the NYC allowed observance of Ramadan, and breakfast and dinner were served before and after sunset in December, thereby allowing observance of the unique NOI December Fast. The court also stated that even if the inmates had been able to show a substantial burden of their free exercise, they would not prevail because all the defendants' actions were in furtherance of compelling governmental interest and were the least restrictive means. The court also found that the defendants' actions did not violate the inmates' free exercise nor amount to the establishment of religion under the First Amendment, and NYC did not discriminate against members of NOI. Finally the court found that NYC had not violated any state statutes.

The original inmate litigant appealed the denial of injunctive relief, and on September 26, 1997, the Second Circuit Court of Appeals (Judge Dennis Jacobs) held that because the inmate had been released from the NYC custody and a class was never certified, the appeal was to be dismissed as moot. Muhammad v. City of New York Department of Corrections, 126 F.3d 119 (2nd Cir. 1997).

In March 1997, inmates filed a motion in the district court for an order to enforce the 1995 settlement against NYS. NYS agreed to hire an additional NOI minister and the court ordered the plaintiff's counsel to monitor the NYS to ensure that the promise was fulfilled. The inmates then filed a motion for recovery of attorney's fees in connection with the motion to enforce. On July 9, 1998, the court (Judge Preska) found that the inmates were "prevailing parties" and that they were entitled to attorney's fees for the motion to enforce and the monitoring efforts. Muhammad v. Coughlin, No. 91 CIV. 6333(LAP), 1998 WL 382000 (S.D.N.Y. July 9, 1998). On April 27, 1999, the court (Judge Preska) approved a settlement of the inmates request for attorney's fees.

Sometime in 2001 the original inmate litigant made a motion for a hearing to reopen the decree. This is the final action listed on the PACER docket. We have no further information on this case.

Summary Authors

Jaclyn Adams (3/17/2006)

People


Judge(s)

Jacobs, Dennis G. (New York)

Preska, Loretta A. (New York)

Attorneys(s) for Plaintiff

Baker, Robin L. (New York)

Bharara, Preetinder S. (New York)

Donlevy, Mary P. (New York)

Duffy, Colleen D. (New York)

Hall, W. James (New York)

Karlan, Mitchell A. (New York)

Malchman, Robert E. (New York)

Moore, Leslie E. (New York)

Judge(s)

Jacobs, Dennis G. (New York)

Preska, Loretta A. (New York)

Attorneys(s) for Plaintiff

Baker, Robin L. (New York)

Bharara, Preetinder S. (New York)

Donlevy, Mary P. (New York)

Duffy, Colleen D. (New York)

Hall, W. James (New York)

Karlan, Mitchell A. (New York)

Malchman, Robert E. (New York)

Moore, Leslie E. (New York)

Nam, Sue J. (New York)

Attorneys(s) for Defendant

Calhoun, Martha Anne (New York)

Crotty, Paul Austin (New York)

McGrath, Stephen J. (New York)

Orsland, Chlarens (New York)

Palladino, Elisabeth A. (New York)

Payer, Cheryl (New York)

Peters, Mark G. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 25, 2002 Docket

Findings of Fact and Conclusions of Law

Muhammad v. City of New York Dept. of Corrections

904 F.Supp. 161

Oct. 17, 1995 Order/Opinion

Opinion

Muhammad v. City of New York Dept. of Corrections

U. S. Court of Appeals for the Second Circuit

126 F.3d 119

Sept. 26, 1997 Order/Opinion
138

Memorandum and Order

1998 WL 382000, 1998 U.S.Dist.LEXIS 10134

July 9, 1998 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

Order endorsed on declaration and support of request to proceed in forma pauperis, granted ; ( signed by Judge Charles L. Brieant ) (jl) (Entered: 09/24/1991)

Sept. 19, 1991
2

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (jl) (Entered: 09/24/1991)

Sept. 19, 1991
3

NOTICE of by Abdul S. Farrakhan Muhammad of change of address. (jl) (Entered: 11/21/1991)

Nov. 21, 1991
4

Notice of reassignment _ to Judge Loretta A. Preska Copy of notice and judge's rules mailed to Attorney(s) of record: Abdul S. Farrakhan Muhammad . (jr) (Entered: 09/29/1992)

Sept. 25, 1992
5

ORDER OF SERVICE , plaintiff has 20 days to show good cause why service was not made. Failure to show cause on ofr before November 18, 1992 will result in dismissal of this action. ( signed by Judge Loretta A. Preska ); Copies mailed (jr) (Entered: 11/02/1992)

Oct. 30, 1992
6

Filed Memo_Endorsement on letter dated no date, extending time for pltff to effect svce by 2/23/93 ( signed by Judge Loretta A. Preska ) (ar) (Entered: 11/25/1992)

Nov. 25, 1992
7

Memo endorsed on letter; dated 12-30-92 to Judge Preska from Elisabeth A. Palladino.. extending time for the defts to respond to the complaint to 2-1-93. ( signed by Judge Loretta A. Preska ); Copies mailed. (kk) (Entered: 01/06/1993)

Jan. 6, 1993
8

ACKNOWLEDGEMENT OF SERVICE by Frances M. Patterson, Cust. Staff, on 12/14/92 Answer due on 12/31/92 (sc) (Entered: 01/22/1993)

Jan. 20, 1993
8

ACKNOWLEDGEMENT OF SERVICE as to Allyn R. Sielaff by Linda Lidz, Attorney on 12/17/92 Answer due on 1/6/93 for Allyn R. Sielaff (sc) (Entered: 01/22/1993)

Jan. 20, 1993
8

ACKNOWLEDGEMENT OF SERVICE as to Captain Handy by George Handy, Jr. on 12/16/92 Answer due on 1/5/93 for Captain Handy (sc) (Entered: 01/22/1993)

Jan. 20, 1993
8

ACKNOWLEDGEMENT OF SERVICE as to Askia Muhammad by Askia Muhammad, Cust. Staff on 12/17/92 Answer due on 1/6/93 for Askia Muhammad (sc) (Entered: 01/22/1993)

Jan. 20, 1993

Memo from Pro Se Office dated 1/19/93 with change of address for pltff. Change indicated on system. (emil) (Entered: 01/26/1993)

Jan. 26, 1993
9

ANSWER to Complaint by Askia Muhammad, Captain Handy, Allyn R. Sielaff, Warden Patterson (Attorney Elisabeth A. Palladino), ; Firm of: OPS by attorney Elisabeth A. Palladino for defendant Allyn R. Sielaff, Askia Muhammad, Captain Handy, Warden Patterson (mk) (Entered: 02/02/1993)

Feb. 1, 1993
10

ORDER, pltff's request for the assignment of counsel from Pro Bono Panel is herey granted , and This Court's Pro Se Office is hereby directed to seek assignment of counsel o represent pltff ( signed by Judge Loretta A. Preska ); Copies mailed Chambers (Copy forwarded to Pro Se Office) (mk) (Entered: 02/26/1993)

Feb. 25, 1993
11

ORDER OF CONFERENCE, set pretrial conference for 9:30 7/28/93 ( signed by Judge Loretta A. Preska ) (mk) (Entered: 04/30/1993)

April 29, 1993
12

Transcript of record of proceedings filed for dates of 2/25/92 (cd) (Entered: 05/24/1993)

May 24, 1993
13

NOTICE of attorney appearance for Abdul S. Farrakhan Muhammad by Colleen D. Duffy (sc) (Entered: 06/21/1993)

June 17, 1993
14

ORDER, that pltff's request for a 90 day stay of all proceedings etc. is granted , set amended pleadings due for 11/1/93 , set pretrial order due for 9:30 12/22/93 ( signed by Judge Loretta A. Preska ); Copies mailed (sc) (Entered: 08/10/1993)

Aug. 5, 1993
15

Transcript of record of proceedings filed for dates of 4/29/93 (mk) (Entered: 08/18/1993)

Aug. 18, 1993
16

REVISED ORDER, that Pltff's request for a 90 day stay of all proceedings so that pltff's counsel can conduct a factual investigation is granted , for leave to file amended complaint on or before 10/30/93 , set pretrial conference for 9:30 12/22/93 ( signed by Judge Loretta A. Preska ); Copies mailed (sc) Modified on 09/08/1993 (Entered: 09/08/1993)

Sept. 3, 1993
17

STIPULATION and ORDER, that subsequent to the issuance of this Court's Revised Order, dtd. 8-25-93, requiring the transfer of the pltff from Mid-State Corr. Facility to Arthur Kill Corr. Facility, at paragraph 3 thereof, pltff's counsel has agreed to conduct her visit of thepltff at Mid- State, at a date & time to be arranged between counsel's & pltff ( signed by Judge Loretta A. Preska ). (mk) (Entered: 09/21/1993)

Sept. 15, 1993

NOTICE of CHANGE OF ADDRESS by Abdul S. Farrakhan Muhammad (mk) (Entered: 11/02/1993)

Oct. 28, 1993
18

Transcript of record of proceedings filed for dates of 9/23/93 (mk) (Entered: 11/12/1993)

Nov. 12, 1993
19

Filed Memo_Endorsement on letter dated 12/10/93, extending time for plaintiff Shahid Muhammad to file an amended complaint up to and including one week following the 12/22/93 conference in this case ...So Ordered. ( signed by Judge Loretta A. Preska ) (sc) (Entered: 12/15/1993)

Dec. 13, 1993

NOTICE of CHANGE OF ADDRESS by Askia Muhammad (mk) (Entered: 01/04/1994)

Dec. 17, 1993
20

ORDER OF CONFERENCE, set pretrial conference for 9:30 5/4/94 , and to amend the cmplt by 1/31/94 , and set discovery due for 5/4/94 ( signed by Judge Loretta A. Preska ); Copies mailed (mk) (Entered: 12/27/1993)

Dec. 22, 1993
21

Filed Memo_Endorsement on letter from Colleen D. Duffy dated 1/31/94, extending time to 2-11-94 to file an amended cmplt... SO ORDERED, PRESKA, J. ( signed by Judge Loretta A. Preska ) (mk) (Entered: 02/02/1994)

Feb. 1, 1994

NOTICE of CHANGE OF ADDRESS by A. F. Muhammad (mk) Modified on 03/01/1994 (Entered: 03/01/1994)

Feb. 17, 1994
22

AMENDED COMPLAINT by Abdul S. Farrakhan Muhammad, Darrell X. McKinney , (Answer due 3/10/94 for Allyn R. Sielaff ) amending [2- 1] complaint against Thomas Coghlin, City of New York Dep, Catherine M. Abate; Summons issued. Jury Trial Demanded (mk) (Entered: 02/28/1994)

Feb. 25, 1994
24

STIPULATION and ORDER, extending time to 2-25-94 for pltff to file an amended cmplt ( signed by Judge Loretta A. Preska ). (mk) (Entered: 03/02/1994)

Feb. 25, 1994
25

Affidavit of service as to Thomas Coghlin by Derek Jackson on 3/1/94 Answer due on 3/21/94 for Thomas Coghlin (mk) (Entered: 03/11/1994)

March 10, 1994
26

Affidavit of service as to Allyn R. Sielaff by Martha Calhoun, Esq. on 2/18/94 Answer due on 3/10/94 for Allyn R. Sielaff (mk) (Entered: 03/11/1994)

March 10, 1994
27

Affidavit of service as to City of New York Dep by James Spears on 2/28/94 Answer due on 3/20/94 for City of New York Dep (mk) (Entered: 03/11/1994)

March 10, 1994
28

Affidavit of service as to Catherine M. Abate by Lisa Williams on 2/28/94 Answer due on 3/20/94 for Catherine M. Abate (mk) (Entered: 03/11/1994)

March 10, 1994
29

STIPULATION and ORDER, reset answer to amended cmplt due for 4/11/94 for Thomas Coghlin ( signed by Judge Loretta A. Preska ). (mk) (Entered: 03/30/1994)

March 29, 1994
30

STIPULATION and ORDER, reset answer due for 4/11/94 for Catherine M. Abate, for City of New York Dep, for Thomas Coghlin, for Warden Patterson, for Allyn R. Sielaff, for Captain Handy, for Askia Muhammad ( signed by Judge Loretta A. Preska ). (mk) (Entered: 04/08/1994)

April 8, 1994
31

ANSWER by Thomas Coghlin (Attorney Mark G. Peters) to amended complaint (pl) (Entered: 04/15/1994)

April 11, 1994
32

ANSWER by Martha A. Calhoun for Defendants City of New York Dep, Allyn R. Sielaff, Catherine M. Abate (Attorney Martha A. Calhoun) to amended complaint (pl) (Entered: 04/15/1994)

April 11, 1994
33

Filed Memo_Endorsement on letter from Colleen D. DUffy dated 4/14/94, reset status conference for 9:30 5/19/94. Extension, if any, of discovery & class certification will be discussed at the conference... SO ORDERED, PRESKA, J. ( signed by Judge Loretta A. Preska ) (mk) (Entered: 04/26/1994)

April 20, 1994
34

STIPULATION and ORDER, changing the caption ( signed by Judge Loretta A. Preska ). (mk) Modified on 04/28/1994 (Entered: 04/28/1994)

April 20, 1994
35

Filed Memo_Endorsement on letter by Colleen D. Duffy dated 5/3/94, reset discovery due for 5/19/94 ( signed by Judge Loretta A. Preska ) (pl) Modified on 05/12/1994 (Entered: 05/12/1994)

May 9, 1994
36

Case Management Plan in a Standard Case: Pretrial order to be submitted on or before 9/30/94 Discovery cutoff 8/31/94 final Pretrial conference for 9:30 10/6/94 ( signed by Judge Loretta A. Preska ); Copies mailed. (mk) (Entered: 05/24/1994)

May 20, 1994
38

Filed Memo_Endorsement on letter from Marc D. Stern dated 6/28/94, for leave to file an amicus brief by 8/22/94 is grsanted. If counsel expects the brief to exceed 30 pages. leave of court should be sought... SO ORDERED, PRESKA, J. ( signed by Judge Loretta A. Preska ) (mk) (Entered: 07/07/1994)

June 29, 1994
37

ORDER, certifies to the Attorney General of the U.S. that the State of NY, sa deft in this action has been given leave to move to dismiss this action on the grounds that RFRA is unconstitutional , grants leave to the U.S. to intervene in this action to submit evidence & argument on the question of the constitutionality of RFRA. Submissions by the U.S. shall be filed by 9/30/94 , The Clerk of the Court is directed to forward a copy of this order to the Attorney General of the U.S. & The US Attorney for the SDNY ... by Certified Mail, Return Receipt Requested upon Hon. Janet Reno #Z071 294 596; RR 7/21/94 , Mary Jo White #Z071 294 597; RR 7/12/94 by E. Rosado ( signed by Judge Loretta A. Preska ); Copies mailed (mk) Modified on 07/20/1994 (Entered: 07/07/1994)

June 30, 1994
39

SCHEDULING ORDER setting Deadline for filing defendants motion to dismiss and appropriate memoranda and affidavits be served and filed by 7/25/94 ; Response to motion deadline 8/22/94 ; Reply to response to motion deadline 9/9/94 ; The brief of the U.S. shall be filed on 9/30/94; defendants shall reply by 10/7/94; Oral argument, if any will be scheduled at court's discretion; an amended complaint may be filed on or before 7/11/94; after discovery the depositions of plaintiffs may be conducted by cut off date so long as it does not interfere with the trial date; conference is adjourned pending decision on the motion.( signed by Judge Loretta A. Preska ) mailed (pl) (Entered: 07/08/1994)

June 30, 1994
40

SECOND AMENDED COMPLAINT by Abdul S. Farrakhan Muhammad, Darrell X. McKinney , (Answer due 7/21/94 for Catherine M. Abate, for City of New York Dep, for Thomas A. Coughlin Mr., for Allyn R. Sielaff ) amending [2-1] complaint against Philip Coombe, Anthony Schembri; Summons issued. Jury Trial Demanded (mk) (Entered: 07/12/1994)

July 8, 1994
41

STIPULATION and ORDER, by and between parties As long as either plaintiff is willing to continue the posecution of this action, defendants will not seek to have this action dismissed on the bases of standing, mootness, or ripeness and.... ( signed by Judge Loretta A. Preska ). (pl) (Entered: 07/22/1994)

July 18, 1994
45

Affidavit of service of Summons and Second Amended Complaint as to Anthony Schembri by personal service leaving with Mr. Jamison on 7/11/94 (pl) (Entered: 07/28/1994)

July 20, 1994
46

Affidavit of service of Summons and Second Amended Complaint as to Philip Coombe by personal delivery and leaving with Philip Coombe on 7/11/94 (pl) (Entered: 07/28/1994)

July 20, 1994
42

NOTICE OF MOTION by Allyn R. Sielaff, City of New York Dep, Catherine M. Abate, Anthony Schembri to dismiss the claims for relief brought under the Religious Freedom Restoration Act in the Second Amended Cmplt on the grounds that the Religious Freedom Resttoration Act is unconstitutional W/attchd. DECLARATION of Martha A. Calhoun , Return date 10/14/94 (mk) (Entered: 07/28/1994)

July 25, 1994
43

NOTICE OF MOTION by Thomas A. Coughlin Mr., Philip Coombe to dismiss the cmplt on the ground that the cmplt fails to state a cause of action , Return date 10/14/94 (mk) (Entered: 07/28/1994)

July 25, 1994
44

MEMORANDUM by Thomas A. Coughlin Mr., Philip Coombe in support of [43-1] motion to dismiss the cmplt on the ground that the cmplt fails to state a cause of action (mk) (Entered: 07/28/1994)

July 25, 1994
47

Filed Memo_Endorsement on letter from MArtha A. Calhoun, ACC dated 7/27/94, reset answer to the second Amended cmplt due for 8/18/94 for Catherine M. Abate, for City of New York Dep, for Thomas A. Coughlin Mr. ( signed by Judge Loretta A. Preska ) (mk) (Entered: 08/09/1994)

Aug. 2, 1994
48

Filed Memo_Endorsement on letter from Mark G. Peters, AAG dated 7/26/94, Extension of the page limit is denied w/o prej. to renewal after receiving answering briefs & upon some indication why a 30 page reply brief is not sufficient... SO ORDERED, PRESKA, J. ( signed by Judge Loretta A. Preska ) (mk) (Entered: 08/09/1994)

Aug. 2, 1994
49

ORDER, Plaintiff proceed by way of Rule 34 request with respect to Rev. Dr. Moore's documents with the understanding that the witness may be recalled for further testimony with respect to those documents upon their production , Plaintiffs' request that the Attny. Generals' Office list cases in which the Attny. Gen. is challenging the constitutionality of the RFRA is denied without prejudice to any request directed to defendant Coughlin , Response to defendants' motion is extended to 9/5/94 , Plaintiff's request to make a cross-motion for summary judgment or to move to a preliminary injunction is denied at this time without prejudice to renewal of the request upon a more detailed presentation of the basis for the desired motions ( signed by Judge Loretta A. Preska ); Copies mailed (pl) (Entered: 08/19/1994)

Aug. 17, 1994
50

ANSWER by City of New York Dep, Allyn R. Sielaff, Catherine M. Abate, Anthony Schembri (Attorney Martha Anne Calhoun) to Second amended complaint (pl) (Entered: 08/19/1994)

Aug. 18, 1994
51

BRIEF AMICUS CURIAE of Coalition for the Free Exercise of Religion in support of the Constitutionality of the Religious Freedom Restoration Act by American Jewish Congress (mk) (Entered: 08/25/1994)

Aug. 24, 1994
52

MEMORANDUM by Abdul S. Farrakhan Muhammad, Darrell X. McKinney in opposition to [43-1] motion to dismiss the cmplt on the ground that the cmplt fails to state a cause of action, [42-1] motion to dismiss the claims for relief brought under the Religious Freedom Restoration Act in the Second Amended Cmplt on the grounds that the Religious Freedom Resttoration Act is unconstitutional (Rcvd. NDB on 9/7/94 at 7:40 p.m.) (mk) (Entered: 09/08/1994)

Sept. 7, 1994
54

Filed Memo_Endorsement on letter Mitchell A. Karlan dated 10/14/94, Counsel for the city defendants will advise the Court whether the City defendants will continue to press their contention that RFRA is unconstitutional and... , counsel for the State defendants will advise the Court whether the State defendants will continue to press their contention that RFRA is unconstitutional and ... , Counsel for plaintiffs will advise counsel for drfendants which of the plaintiffs eill be on plaintiffs' witness list , if any defendant is continuing to challenge the consititutionality of RFRA, then the U.S. shall file and serve its support brief due for 10/31/94 , any defendant wishing to file and serve reply brief due on 11/7/94 , set joint pretrial order due for 11/18/94 , set final pretrial conference for 11/22/94 ..So Ordered...( signed on 10/19/94 by Judge Loretta A. Preska ) (pl) (Entered: 10/31/1994)

Oct. 25, 1994
55

MEMORANDUM of The United States of America in support of the Constitutionality of The Religious Freedom Restoration Act. (pl) (Entered: 11/02/1994)

Oct. 31, 1994
57

Filed Memo_Endorsement on letter dated October 27, 1994 by USA William J. Hoffman Requesting that the court allow it to tile a brief longer than 30 pages ( signed by Judge Loretta A. Preska ) (dd) (Entered: 11/18/1994)

Nov. 7, 1994

Pre-trial conference held on 11/8/94. Discovery to be completed by 2/10/95. Next PTC 2/15/95. (ae) (Entered: 12/06/1994)

Nov. 8, 1994
60

Filed Memo_Endorsement on letter from Martha A. Calhoun, ACC dated 11/4/94, extending time to 11/14/94 for City Defts' time to serve & file their reply papers with Fax to Pltff's on 11/11/94... SO ORDERED, PRESKA, J. ( signed by Judge Loretta A. Preska ) (mk) (Entered: 11/22/1994)

Nov. 9, 1994
61

STIPULATION and ORDER, Victor Santos , Curtis Mcdowell, Uriah Webb, Horace Betard, Lashango LeGrand, Kenneth Hammonds, (collectively "plaintiffs-Intervenors'). Plaintts-Intervenors are represented in this action by Gibson, Dunn & Crutcher, counsel for plaintiffs , The Caption of this Case shall read as follows; Abdul-Shahid Farrakhan Muhammad, Darrell X. McKinney, Victor Santos, etc.... , Plaintiffs- Intervenors adopt the Second Amended Complaint filed in this action as if set forthe here in full and..... ( signed on 11/8/94 by Judge Loretta A. Preska ). (pl) (Entered: 11/23/1994)

Nov. 9, 1994
58

ANSWER to Complaint by City of New York Dep, Philip Coombe (Attorney Mark G. Peters), ; Firm of: GOK by attorney Mark G. Peters for defendant Philip Coombe (dd) (Entered: 11/21/1994)

Nov. 10, 1994
56

MEMORANDUM by Anthony Schembri, Allyn R. Sielaff, Catherine M. Abate, City of New York Dep in further support of [42-1] motion to dismiss the claims for relief brought under the Religious Freedom Restoration Act in the Second Amended Cmplt on the grounds that the Religious Freedom Resttoration Act is unconstitutional (pl) (Entered: 11/15/1994)

Nov. 14, 1994
59

ORDER, set final pretrial conference for 9:30 11/22/94 , this matter is scheduled for trial commencing at 10:00 a.m. on 12/6/94 , The Clerk of the Court is directed to mail a copy of this notice to all counsel of record via certified mail, return receipt requested ( signed by Judge Loretta A. Preska ); Copies mailed (mk) (Entered: 11/22/1994)

Nov. 16, 1994

Pre-trial conference held on 11/22/94; New Trial Date 12/8/94 at 10:00 a.m. (ae) (Entered: 12/06/1994)

Nov. 22, 1994
62

STATE DEFENDANTS' PRETRIAL MEMORANDUM OF LAW (pl) (Entered: 11/29/1994)

Nov. 23, 1994
70

NOTICE OF MOTION by Abdul S. Farrakhan Muhammad, Darrell X. McKinney, Victor Santos, Curtis McDowell, Uriah Webb, Horace Betard, Lashango LeGrand, and Kenneth Hammonds in limine, for an oreder predluding defendants from introducing as evidence at trial any oral or written testimony relating to crimes for which any of the plaintiffs wer incarcerated and .... , Return date (pl) (Entered: 12/08/1994)

Nov. 30, 1994
71

MEMORANDUM by Abdul S. Farrakhan Muhammad, Darrell X. McKinney in support of [70-1] motion in limine, for an oreder predluding defendants from introducing as evidence at trial any oral or written testimony relating to crimes for which any of the plaintiffs wer incarcerated and .... (pl) (Entered: 12/08/1994)

Nov. 30, 1994
65

DECLARATION in support of proposed order granting Leave To Take Plaintiff's Deposition (pl) (Entered: 12/05/1994)

Dec. 1, 1994
66

ORDER, 1) that the official in charge of the Bergen County Jail produce inmate Abdul-Shaid Farrakhan Muhammad at the Bergen Count Jail in Hackensack New Jersey for the taking if his Deposition, on 12/2/94 at 1:00; and 2) that inmate Abdul-Shahid Farrakhan Muhammad appear in such place as disignated by the official in charge of the Bergen County Jail so that his deposition may be taken ( signed by Judge Loretta A. Preska ); Copies mailed (pl) (Entered: 12/05/1994)

Dec. 1, 1994
63

NOTICE OF MOTION by Thomas A. Coughlin Mr., City of New York Dep, Catherine M. Abate, Philip Coombe, Anthony Schembri in limine for an order precluding plaintiffs from calling defendants Coughlin or Coombe and introducing their proposed exhibits 1,2,3,4,5,6,10,14,15,16,19,20,21,26,28,29,35,36,37,38,39,40 , 41,42,43,44,45,46,47,48,49,52,53, and 54 into evidence. , Return date 12/5/94 (pl) (Entered: 12/05/1994)

Dec. 2, 1994
64

MEMORANDUM by Thomas A. Coughlin Mr., City of New York Dep, Catherine M. Abate, Philip Coombe, Anthony Schembri in support of [63-1] motion in limine for an order precluding plaintiffs from calling defendants Coughlin or Coombe and introducing their proposed exhibits 1,2,3,4,5,6,10,14,15,16,19,20,21,26,28,29,35,36,37,38,39,40 , 41,42,43,44,45,46,47,48,49,52,53, and 54 into evidence. (pl) (Entered: 12/05/1994)

Dec. 2, 1994
67

City DEfendants TRIAL Memorandum of Law (pl) (Entered: 12/05/1994)

Dec. 2, 1994
75

PRETRIAL MEMORANDUM by Plaintiffs (pl) (Entered: 12/12/1994)

Dec. 2, 1994
76

PLAINTIFFS' MEMORANDUM by Abdul S. Farrakhan Muhammad, Darrell X. McKinney in opposition to [73-1] motion in limine for an order precluding the following evidence at trial of this matter, 1) Testimony of Charles E. Riggs, the Chief of Chaplains at the Federal Bureau of Prisons 2) Programs Statement, FU.S. Department of Justice, Federal Bureau of Prisons, effective 1/14/85 and.... (pl) (Entered: 12/12/1994)

Dec. 2, 1994
77

MEMORANDUM by Abdul S. Farrakhan Muhammad, Darrell X. McKinney in opposition to [73-1] motion in limine for an order precluding the following evidence at trial of this matter, 1) Testimony of Charles E. Riggs, the Chief of Chaplains at the Federal Bureau of Prisons 2) Programs Statement, FU.S. Department of Justice, Federal Bureau of Prisons, effective 1/14/85 and.... (pl) (Entered: 12/12/1994)

Dec. 2, 1994
73

NOTICE OF MOTION by City of New York Dep, Anthony Schembri, Allyn R. Sielaff, Catherine M. Abate in limine for an order precluding the following evidence at trial of this matter, 1) Testimony of Charles E. Riggs, the Chief of Chaplains at the Federal Bureau of Prisons 2) Programs Statement, FU.S. Department of Justice, Federal Bureau of Prisons, effective 1/14/85 and.... , Return date 12/5/94 (pl) (Entered: 12/12/1994)

Dec. 5, 1994
74

MEMORANDUM by City of New York Dep, Anthony Schembri, Allyn R. Sielaff, Catherine M. Abate in support of [73-1] motion in limine for an order precluding the following evidence at trial of this matter, 1) Testimony of Charles E. Riggs, the Chief of Chaplains at the Federal Bureau of Prisons 2) Programs Statement, FU.S. Department of Justice, Federal Bureau of Prisons, effective 1/14/85 and.... (pl) (Entered: 12/12/1994)

Dec. 5, 1994
68

DECLARATION in support by Anthony Schembri [63-1] motion in limine for an order precluding plaintiffs from calling defendants Coughlin or Coombe and introducing their proposed exhibits 1,2,3,4,5,6,10,14,15,16,19,20,21,26,28,29,35,36,37,38,39,40 , 41,42,43,44,45,46,47,48,49,52,53, and 54 into evidence. (pl) (Entered: 12/08/1994)

Dec. 7, 1994
69

MEMORANDUM by Abdul Shahid Muhammad, Darrell X. McKinney Victor Santos, Curtis McDowell, Urian Webb, Horace Betard, Lashango LeGrand, and Kenneth Hammonds, in opposition to [63-1] motion in limine for an order precluding plaintiffs from calling defendants Coughlin or Coombe and introducing their proposed exhibits 1,2,3,4,5,6,10,14,15,16,19,20,21,26,28,29,35,36,37,38,39,40 , 41,42,43,44,45,46,47,48,49,52,53, and 54 into evidence. (pl) (Entered: 12/08/1994)

Dec. 7, 1994
72

PLAINTIFFS' BENCH MEMORANDUM by Abdul S. Farrakhan Muhammad, Darrell X. McKinney, Victor Santos, Curtis McDowell, Uriah Webb, Horace Betard, Lashango LeGrand, and Kenneth Hammonds, in support of the admissibility of Michigan and Federal Policy Directives (pl) (Entered: 12/08/1994)

Dec. 8, 1994
78

Memo endorsed on motion;, because discovery has been closed and the trial virtually concluded, the subpoena is quashed ( signed by Judge Loretta A. Preska ); Copies mailed. (cd) (Entered: 01/09/1995)

Jan. 6, 1995
79

Jury trial held., 12.9.94., 12.12.94., 12.13.94, 12.14.94, 12.15.94, 12.19.94, 12.20.94, 12.21,94, total trial days 10..and trial cont'd to following month.. (gb) Modified on 01/11/1995 (Entered: 01/11/1995)

Jan. 9, 1995
79

STIPULATION and ORDER, a conditional Settlement Class is hereby cetified . This Court has jurisdiction over the subject of this Litigation & over all of the settlement Parties, including all members of the Settlement Class, as defined above. This Court is a proper & convenient venue for the Settlement of this Litigation . This Court preliminarily finds, concludes, adjudges & decrees that the settlement contained in this Stipulation & Order is fair, just, reasonable, & adequate to the Settlement Class & its members... ( signed by Judge Loretta A. Preska ). (lam) (Entered: 01/12/1995)

Jan. 9, 1995
80

NOTICE OF MOTION by City of New York Dep, Anthony Schembri, Allyn R. Sielaff, Catherine M. Abate in limine for an order precluding the evidence of a settlement of a Pennsylvania lawsuit on the grounds that it is irrelevant under Fed. R. Evid. 402. , Return date 1/17/95 (ls) (Entered: 01/12/1995)

Jan. 11, 1995
81

MEMORANDUM by City of New York Dep, Anthony Schembri, Allyn R. Sielaff, Catherine M. Abate in support of [80-1] motion in limine for an order precluding the evidence of a settlement of a Pennsylvania lawsuit on the grounds that it is irrelevant under Fed. R. Evid. 402. (ls) (Entered: 01/12/1995)

Jan. 11, 1995
82

AFFIDAVIT of David Molik by Thomas A. Coughlin Mr., City of New York Dep, Catherine M. Abate, Philip Coombe, Anthony Schembri Re: .. to demonstrate to the Court that defendants have complied with the court's order dated January 5, 1995. (djc) (Entered: 02/15/1995)

Feb. 14, 1995
83

Filed Memo_Endorsement on letter by Colleen D. Duffy to Judge Preska dated 2/13/95, extending parties a two day time to serve and file the proposed findings of fact and conclusions of law until 2/17/95. SO ORDERED: ( signed by Judge Loretta A. Preska ) (ae) (Entered: 02/15/1995)

Feb. 14, 1995
84

NEW YORK CITY DEFTS' PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. (kg) (Entered: 02/22/1995)

Feb. 17, 1995
85

FINDINGS OF FACT AND CONCLUSIONS OF LAW by pltff. (Unsigned) (ls) (Entered: 02/23/1995)

Feb. 18, 1995
86

Transcript of record of proceedings filed for dates of 12/13,14,17,18/94; 1/31/95 (cd) (Entered: 03/01/1995)

March 1, 1995
87

Transcript of record of proceedings filed for dates of 12/8,9,12/94 (cd) (Entered: 03/01/1995)

March 1, 1995
88

AFFIDAVIT of Mark G. Peters by Askia Muhammad, Allyn R. Sielaff, Thomas A. Coughlin Mr., City of New York Dep, Catherine M. Abate, Philip Coombe, Anthony Schembri Re: Annexed hereto is the affidavit of Eugene S. LeFevre, sworn to 2/28/95. (ae) (Entered: 03/02/1995)

March 1, 1995
89

REQUEST FOR EXCLUSION (pl) (Entered: 03/15/1995)

March 13, 1995
90

Request For Exclusion of Wamel Islam Allah, Greenhaven Correctional Facility, Inmate Number 77B0684. (ae) (Entered: 03/22/1995)

March 17, 1995

NOTICE of change of address by Abdul S. Farrakhan Muhammad (lam) (Entered: 03/21/1995)

March 20, 1995
91

REQUEST FOR EXCLUSION from the "Settlement Class" by Murad Hasan Beyah (ls) (Entered: 03/22/1995)

March 20, 1995

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Sept. 19, 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jail inmates and members of the Nation of Islam religion alleging violations of their rights to practice their religion

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

NYC DOC (New York City), City

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):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 0

Issues

General:

Religious programs / policies

Type of Facility:

Government-run