Case: Holt v. Payne

5:19-cv-00081 | U.S. District Court for the Eastern District of Arkansas

Filed Date: March 1, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns allegations of failure to accommodate the religious practices of three Muslim people incarcerated by the Arkansas Department of Corrections (“ADC”) through policies on religious services and headdresses. Represented by CAIR Legal Defense Fund, Plaintiffs filed suit on March 1, 2019, against various named ADC employees in their official and individual capacities in the U.S. District Court for the Eastern District of Arkansas. The complaint alleged violations of the First Amend…

This case concerns allegations of failure to accommodate the religious practices of three Muslim people incarcerated by the Arkansas Department of Corrections (“ADC”) through policies on religious services and headdresses.

Represented by CAIR Legal Defense Fund, Plaintiffs filed suit on March 1, 2019, against various named ADC employees in their official and individual capacities in the U.S. District Court for the Eastern District of Arkansas. The complaint alleged violations of the First Amendment’s Free Exercise Clause (brought under 42 U.S.C. § 1983) and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). Specifically, Plaintiffs alleged that the ADC failed to provide Muslim inmates with basic and necessary accommodations to practice their faith, including (1) unlawfully preventing Muslim inmates from observing Jumu’ah (Friday afternoon congregational prayer), (2) forcing Muslim inmates to violate their religious beliefs by either choosing to attend combined religious services led by other faith groups or none at all, and (3) preventing Plaintiffs from wearing kufis without permission. The complaint also alleged that Defendants imposed a substantial burden on Plaintiffs’ sincere religious beliefs, not in furtherance of any compelling interest.

Plaintiffs sought declaratory, injunctive, and monetary relief. Specifically, they sought an injunction requiring Defendants to allow Plaintiffs and other similarly-situated individuals to congregate for separate religious services, and to remedy the constitutional and statutory violations by modifying or eliminating existing policies that prevented Plaintiffs from attending religious services with other Muslims of their faith group (the single-service policy) and granting Plaintiffs permission to wear kufis (the religious headdress policy). Chief Judge Brian S. Miller and Magistrate Judge Jerome T. Kearney presided.

On August 9, 2019, Defendants filed a motion for summary judgment, arguing that Plaintiffs failed to properly exhaust their available administrative remedies prior to filing the lawsuit, as required by the Prison Litigation Reform Act (“PLRA”). On September 11, 2019, Magistrate Judge Kearney issued a Report and Recommendation (“R&R”), recommending that Defendants’ motion be denied. 2019 WL 5849109. Specifically, Magistrate Kearney found that Plaintiffs’ failure to specifically name individuals in their grievances was not fatal to their exhaustion process. Defendants objected to the R&R; however, on November 7, 2019, Judge Miller adopted it. 2019 WL 5847217.

On February 28, 2020, Defendants filed another motion for summary judgment, arguing that each of Plaintiffs’ claims failed as a matter of law. Plaintiffs also filed a motion for summary judgment on March 5, 2020, arguing that Defendants’ policies violated RLUIPA and the Free Exercise Clause, created a substantial burden to Plaintiffs’ exercise of religion, and were not narrowly tailored to meet a compelling government interest.

On June 24, 2020, the Civil Rights Division of the U.S. Department of Justice filed a statement of interest, urging the Court to find that the ADC must comply with RLUIPA because at least one division within the ADC received federal financial assistance.

Magistrate Kearney issued an R&R in August 2020, and recommended that Defendants’ motion for summary judgment be granted, Plaintiffs' motion be denied, and Plaintiffs' complaint be dismissed with prejudice. 2020 WL 6149686. On September 30, 2020, Judge Miller partially adopted the R&R. 2020 WL 5821958. Specifically, Judge Miller dismissed certain named defendants who were sued in their individual capacities only, and the free exercise claims. However, Judge Miller denied both Plaintiffs' and Defendants’ motions with respect to the RLUIPA claims. He found that genuine issues of fact existed regarding whether the ADC’s policies placed a substantial burden on Plaintiffs’ religious beliefs and whether the ADC met its burden of showing that its policy was the least restrictive means of satisfying its security interest. Judge Miller held that these issues needed to be decided by a fact-finder. The case was then ready to be set for trial.

On October 22, 2021, Plaintiffs filed a motion to clarify and the court construed this as a motion to enter judgment based on the present record. The court ultimately denied the motion. The trial began on November 3, 2021, and lasted three days.

On March 21, 2022, Judge Miller entered an order dismissing Plaintiffs'’ complaint and entering judgment for the Defendants. 2022 WL 21309325. The court found that ADC’s prayer and religious headwear policies did not substantially burden Plaintiffs’ sincerely held religious beliefs and that the policies were the least restrictive means of further Defendants’ compelling interest in security. That same day, the case was dismissed with prejudice.

Plaintiffs appealed this decision and on November 2, 2023, the Eighth Circuit vacated the judgment of the District Court and remanded the case for proceedings consistent with its opinion. Specifically, the Eighth Circuit found that the evidence was insufficient to support the finding that Plaintiffs' sincerely held beliefs were not substantially burdened and that the District Court should have addressed the Plaintiffs’ proposed alternatives to the single prayer-service policy and the prison’s religious headdress policy. The Eighth Circuit also partially granted Plaintiffs’ bill of costs and awarded $1,063.36. 85 F.4th 873.

On April 16, 2024, Judge Miller again entered judgment for the Defendants on the claims challenging the ADC’s religious headdress policy, and did not issue a ruling on the Jumu’ah service policy. Instead, he reopened discovery to allow the parties to obtain evidence regarding the service policy. 2024 WL 1638617.

As of March 12, 2025, the case was still ongoing. 

Summary Authors

Maddie Mitzner (3/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16441725/parties/holt-v-payne/


Judge(s)
Attorney for Plaintiff

Abbas, Gadeir I. (Arkansas)

Attorney for Defendant

Cryer, Christine Ann (Arkansas)

Expert/Monitor/Master/Other

Bortnick, Yael

Chen, Daniel Lawrence

Cornell, Timothy

show all people

Documents in the Clearinghouse

Document
1

5:19-cv-00081

Verified Complaint for Declaratory, Injunctive, and Monetary Relief

Holt v. Kelley

March 1, 2019

March 1, 2019

Complaint
29

5:19-cv-00081

Order

Holt v. Kelley

Nov. 7, 2019

Nov. 7, 2019

Order/Opinion

2019 WL 5847217

64

5:19-cv-00081

Statement of Interest of the United States of America

Holt v. Kelley

June 24, 2020

June 24, 2020

Pleading / Motion / Brief
87

5:19-cv-00081

Order

Holt v. Kelley

Sept. 30, 2020

Sept. 30, 2020

Order/Opinion

2020 WL 5821958

165

5:19-cv-00081

Order

March 21, 2022

March 21, 2022

Order/Opinion

2022 WL 21309325

175

5:19-cv-00081

Opinion

U.S. Court of Appeals for the Eighth Circuit

Nov. 2, 2023

Nov. 2, 2023

Order/Opinion

85 F.4th 873

179

5:19-cv-00081

Order

April 16, 2024

April 16, 2024

Order/Opinion

2024 WL 1638617

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16441725/holt-v-payne/

Last updated June 24, 2025, 5:59 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT for Declaratory, Injunctive, and Monetary Relief with Jury Demand against All Defendants, filed by Rodney Martin, Wayde Stewart, and Gregory Houston Holt. Fee of $400 paid. Receipt Number LIT071065. Summons issued. (Attachments: # 1 Civil Cover Sheet)(kdr) (Additional attachment(s) added on 3/7/2019: # 2 Main Document - w/original signature) (thd). (Entered: 03/04/2019)

1 Civil Cover Sheet

View on PACER

2 Main Document - w/original signature (submitted 3/7/2019)

View on PACER

March 1, 2019

March 1, 2019

Clearinghouse
2

NOTICE OF DOCKET CORRECTION re: 1 Complaint. CORRECTION: The Clerk's office received the main document with original signatures and added it as an attachment to docket entry 1 . (Copy attached hereto for review by the parties.) (thd) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
3

MOTION for Leave to Appear pro hac vice by Douglas Laycock. Fee $100 receipt number 0860-3429283. Filed by All Plaintiffs (Masri, Lena) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER
4

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 3 Motion to Appear Pro Hac Vice. Signed by Chief Judge Brian S. Miller on 3/27/19. (lp) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
5

CERTIFICATE OF SERVICE by Gregory Houston Holt, Rodney Martin, Wayde Stewart re 1 Complaint, service by certified mail on all current Arkansas Department of Corrections employee Defendants (Homer, Carolyn) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
6

NOTICE of Appearance by Jennifer L. Merritt on behalf of Jim Babcock, Tommy Bourgeois, Tom Bradshaw, Aundrea Culclager, DeAngelo Earl, Wendy Kelley, Joshua Mayfield, Dexter Payne, Dale Reed, Billy Straughn (Merritt, Jennifer) (Entered: 04/21/2019)

April 21, 2019

April 21, 2019

PACER
7

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by Jim Babcock, Tommy Bourgeois, Tom Bradshaw, Aundrea Culclager, DeAngelo Earl, Wendy Kelley, Joshua Mayfield, Dexter Payne, Dale Reed, Billy Straughn (Merritt, Jennifer) (Entered: 04/21/2019)

April 21, 2019

April 21, 2019

PACER
8

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 7 Defendants' unopposed Motion for Extension of Time to Answer, until May 16, 2019. Signed by Magistrate Judge Jerome T. Kearney on 4/22/19. (pdw) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
9

AFFIDAVIT of Service of SUMMONS & COMPLAINT, filed by Rodney Martin, Wayde Stewart, Gregory Houston Holt. Danny Burl served on 5/2/2019. (Homer, Carolyn) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
10

NOTICE of Appearance by Jennifer L. Merritt on behalf of Danny Burl (Merritt, Jennifer) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
11

ANSWER to 1 Complaint, with Jury Demand by Jim Babcock, Tommy Bourgeois, Tom Bradshaw, Danny Burl, Aundrea Culclager, DeAngelo Earl, Wendy Kelley, Joshua Mayfield, Dexter Payne, Dale Reed, Billy Straughn.(Merritt, Jennifer) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
12

INITIAL SCHEDULING ORDER: Parties shall complete discovery on or before 11/20/2019 and file any dispositive motions on or before 12/20/2019. A Motion based on failure to exhaust must be filed by 07/20/2019. Signed by Magistrate Judge Jerome T. Kearney on 5/21/2019. (kdr) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
13

NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court to the parties. (lmc) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
14

Unopposed MOTION for Extension of Time to File Motion Raising Failure-to-Exhaust Defense by All Defendants (Merritt, Jennifer) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
15

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 14 Defendants' Motion for Extension of Time to File an exhaustion-related motion, until August 9, 2019. Signed by Magistrate Judge Jerome T. Kearney on 7/15/19. (pdw) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
16

MOTION for Summary Judgment on Exhaustion by All Defendants (Attachments: # 1 Exhibit A - AD 14-16, # 2 Exhibit B - Declaration of Terri Grigsby, # 3 Exhibit C Grievance DR-17-00240, # 4 Exhibit D Grievance DR-17-00836, # 5 Exhibit E Grievance GR-18-00669, # 6 Exhibit F Grievance GR-18-00670, # 7 Exhibit Grievance GR-18-00686, # 8 Exhibit H Grievance GR-18-00687, # 9 Exhibit I Grievance GR-18-00753, # 10 Exhibit J Grievance GR-18-00812, # 11 Exhibit K Grievance GR-18-01155, # 12 Exhibit L Grievance GR-18-01156, # 13 Exhibit M Grievance MX-18-02166, # 14 Exhibit N Grievance MX-18-02217, # 15 Exhibit O Grievance MX-18-02218, # 16 Exhibit P Grievance MX-18-02219, # 17 Exhibit Q Grievance MX-19-00272, # 18 Exhibit R Grievance NC-17-00404, # 19 Exhibit S Grievance NC-17-00475, # 20 Exhibit T Grievance GR-18-00742, # 21 Exhibit U Grievance GR-18-00743, # 22 Exhibit V Grievance GR-18-00803, # 23 Exhibit W Grievance MX-18-02170, # 24 Exhibit X Grievance CU-16-00219, # 25 Exhibit Y Grievance MX-17-00065)(Merritt, Jennifer) (Additional attachment(s) added on 10/28/2021: # 26 Exhibit K - Correct) (jak). (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
17

BRIEF IN SUPPORT re 16 Motion for Summary Judgment,,,, filed by All Defendants. (Merritt, Jennifer) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
18

STATEMENT OF FACTS (Local Rule 56.1) re 16 Motion for Summary Judgment,,,, filed by All Defendants. (Merritt, Jennifer) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
19

STATEMENT OF FACTS (Local Rule 56.1) re 16 Motion for Summary Judgment,,,, 18 Statement of Facts (Local Rule 56.1) (Plaintiffs' Disputes) filed by Gregory Houston Holt, Rodney Martin, Wayde Stewart. (Masri, Lena) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
20

RESPONSE in Opposition re 16 MOTION for Summary Judgment on Exhaustion filed by Gregory Houston Holt, Rodney Martin, Wayde Stewart. (Masri, Lena) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
21

REPLY to Response to Motion re 16 MOTION for Summary Judgment on Exhaustion filed by All Defendants. (Merritt, Jennifer) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
22

PROPOSED FINDINGS AND RECOMMENDATIONS recommending that 16 Defendants' Motion for Summary Judgment on the issue of exhaustion be denied. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Jerome T. Kearney on 9/11/2019. (kdr) (Entered: 09/12/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
23

Unopposed MOTION to Take Deposition from Gregory Holt, Rodney Martin, and Wayde Stewart by All Defendants (Merritt, Jennifer) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
24

BRIEF IN SUPPORT re 23 Motion to Take Deposition filed by All Defendants. (Merritt, Jennifer) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
25

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 23 Defendants' unopposed Motion to Take Plaintiffs' Depositions, pursuant to Fed.R.Civ.P. 30(a)(2). Signed by Magistrate Judge Jerome T. Kearney on 9/25/19. (pdw) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
26

OBJECTION to 22 Report and Recommendations by Jim Babcock, Tommy Bourgeois, Tom Bradshaw, Danny Burl, Aundrea Culclager, DeAngelo Earl, Wendy Kelley, Joshua Mayfield, Dexter Payne, Dale Reed, Billy Straughn (Merritt, Jennifer) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
27

RESPONSE re 26 Objection to Report and Recommendations filed by Gregory Houston Holt, Rodney Martin, and Wayde Stewart. (Masri, Lena) (Docket text modified on 10/9/2019 to correct the description of the document filed and the party filers)(jak) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER

NOTICE OF DOCKET CORRECTION re 27 Memorandum. CORRECTION: The docket text was modified to correct the description of the document filed and the party filers as "Response re 26 Objection to Report and Recommendations filed by Gregory Houston Holt, Rodney Martin, and Wayde Stewart" as marked on the document. (jak)

Oct. 9, 2019

Oct. 9, 2019

PACER
28

NOTICE of Appearance by Jerry D. Garner on behalf of All Defendants (Garner, Jerry) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
29

ORDER adopting 22 recommended disposition; and denying 16 motion for summary judgment on exhaustion. Signed by Judge Brian S. Miller on 11/7/2019. (kdr) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

Clearinghouse
30

Joint MOTION to Extend Time to File Motions for Summary Judgment by All Plaintiffs (Masri, Lena) (Docket text modified on 12/4/2019 to remove reference to the proposed order)(jak) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER

NOTICE OF DOCKET CORRECTION re 30 Joint MOTION to Extend Time. CORRECTION: The docket text was modified to remove reference to the proposed order filed as an attachment to docket entry 30 in error. (jak)

Dec. 4, 2019

Dec. 4, 2019

PACER
31

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 30 the parties' Joint Motion to Extend Time to file dispositive motions until January 22, 2020. Signed by Magistrate Judge Jerome T. Kearney on 12/5/19. (pdw) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER
32

Unopposed MOTION to Extend Time to File Dispositive Motions by Gregory Houston Holt, Rodney Martin, Wayde Stewart (Masri, Lena) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
33

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 32 Plaintiffs' unopposed Motion to Extend Time to file dispositive motions until February 13, 2020. Signed by Magistrate Judge Jerome T. Kearney on 1/3/2020. (pdw) (Docket text modified to correct a typographical error)(jak) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
34

MOTION to Withdraw as Attorney Carolyn Homer by Gregory Houston Holt, Rodney Martin, Wayde Stewart (Homer, Carolyn) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
35

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 34 Carolyn Homer's Motion to Withdraw as Attorney for Plaintiffs. Attorney Carolyn M. Homer terminated. Signed by Magistrate Judge Jerome T. Kearney on 1/9/20. (pdw) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
36

NOTICE of Appearance by Justin Mark Sadowsky on behalf of All Plaintiffs (Sadowsky, Justin) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
37

MOTION to Extend Time of Time to File for Summary Judgment by All Plaintiffs (Masri, Lena) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
38

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 37 Plaintiffs' unopposed Motion to Extend Time to file a summary judgment motion, until March 5, 2020. Signed by Magistrate Judge Jerome T. Kearney on 2/12/20. (pdw) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
39

Unopposed MOTION to Extend Time to File Motion for Summary Judgment by All Defendants (Merritt, Jennifer) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
40

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 39 Defendants' unopposed Motion to Extend Time to file a dispositive motion to March 5, 2020. Signed by Magistrate Judge Jerome T. Kearney on 2/12/20. (pdw) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
41

MOTION for Summary Judgment by Jim Babcock, Tommy Bourgeois, Tom Bradshaw, Danny Burl, Aundrea Culclager, DeAngelo Earl, Wendy Kelley, Joshua Mayfield, Dexter Payne, Dale Reed, Billy Straughn (Attachments: # 1 Exhibit A - Deposition of Dexter Payne, # 2 Exhibit B - 30(b)(6) Deposition of Joshua Mayfield, # 3 Exhibit C - Deposition of Aundrea Culclager, # 4 Exhibit D - Deposition of Danny Burl, # 5 Exhibit E - Deposition of Tommy Bourgeois, # 6 Exhibit F - Deposition of Jim Babcock, # 7 Exhibit G - Deposition of Rodney Martin, # 8 Exhibit H - Deposition of Wayde Stewart, # 9 Exhibit I - Deposition of Gregory Holt, # 10 Exhibit J - Declaration of Muhammad Ameen, # 11 Exhibit K - Blue Order, # 12 Exhibit L - Shabazz I Order, # 13 Exhibit M - Shabazz II Order, # 14 Exhibit N - Declaration of Dexter Payne)(Garner, Jerry) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
42

BRIEF IN SUPPORT re 41 Motion for Summary Judgment,,, filed by Jim Babcock, Tommy Bourgeois, Tom Bradshaw, Danny Burl, Aundrea Culclager, DeAngelo Earl, Wendy Kelley, Joshua Mayfield, Dexter Payne, Dale Reed, Billy Straughn. (Garner, Jerry) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
43

STATEMENT OF FACTS (Local Rule 56.1) re 41 Motion for Summary Judgment,,, filed by Jim Babcock, Tommy Bourgeois, Tom Bradshaw, Danny Burl, Aundrea Culclager, DeAngelo Earl, Wendy Kelley, Joshua Mayfield, Dexter Payne, Dale Reed, Billy Straughn. (Garner, Jerry) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
44

MOTION for Summary Judgment by All Plaintiffs (Attachments: # 1 Brief In Support of Summary Judgment, # 2 Statement of Facts)(Masri, Lena) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
45

APPENDIX filed by Gregory Houston Holt, Rodney Martin, Wayde Stewart to 44 MOTION for Summary Judgment Ex. 1 (Attachments: # 1 Exhibit Ex. 2, # 2 Exhibit Ex. 3, # 3 Exhibit Ex. 4, # 4 Exhibit Ex. 5, # 5 Exhibit Ex. 6, # 6 Exhibit Ex. 7, # 7 Exhibit Ex. 8, # 8 Exhibit Ex. 9, # 9 Exhibit Ex. 10, # 10 Exhibit Ex. 11, # 11 Exhibit Ex. 12, # 12 Exhibit Ex. 13, # 13 Exhibit Ex. 14, # 14 Exhibit Ex. 15, # 15 Exhibit Ex. 16, # 16 Exhibit Ex. 17, # 17 Exhibit Ex. 18, # 18 Exhibit Ex. 19, # 19 Exhibit Ex. 20, # 20 Exhibit Ex. 21, # 21 Exhibit Ex. 22, # 22 Exhibit Ex. 23, # 23 Exhibit Ex. 24, # 24 Exhibit Ex. 25, # 25 Exhibit Ex. 26, # 26 Exhibit Ex. 27, # 27 Exhibit Ex. 28, # 28 Exhibit Ex. 29, # 29 Exhibit Ex. 30, # 30 Exhibit Ex. 31, # 31 Exhibit Ex. 32)(Masri, Lena) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
46

Joint MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Summary Judgment, 41 MOTION for Summary Judgment by All Plaintiffs (Masri, Lena) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

PACER
47

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 46 the parties' Joint Motion for Extension of Time to File Responses to the Summary Judgment Motions, until March 27, 2020. Signed by Magistrate Judge Jerome T. Kearney on 3/10/20. (pdw) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

PACER
48

Joint MOTION for Extension of Time to File Response/Reply as to 47 Order on Motion for Extension of Time to File Response/Reply, 44 MOTION for Summary Judgment, 41 MOTION for Summary Judgment by All Plaintiffs (Masri, Lena) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
49

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 48 the parties' Joint Motion for Extension of Time to File Responses to the Summary Judgment Motions until May 8, 2020. Signed by Magistrate Judge Jerome T. Kearney on 3/18/20. (pdw) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
50

Joint MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Summary Judgment, 41 MOTION for Summary Judgment by All Plaintiffs (Masri, Lena) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
51

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 50 the parties' joint Motion for Extension of Time to File Responses to the respective Summary Judgment Motions, until May 27, 2020. Signed by Magistrate Judge Jerome T. Kearney on 5/4/20. (pdw) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
52

Emergency MOTION to Amend/Correct 41 MOTION for Summary Judgment FOR PERMISSION TO FILE CORRECTED DECLARATIONS OR, IN THE ALTERNATIVE, FOR AN EXTENSION by All Plaintiffs (Masri, Lena) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
53

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 52 Plaintiffs' Motion to Amend/Correct their Summary Judgment response declarations, by filing unsigned declarations on May 27, 2020, and filing signed declarations as soon as they are received. Signed by Magistrate Judge Jerome T. Kearney on 5/26/20. (pdw) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
54

RESPONSE in Opposition re 44 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Exhibit A - Declaration of Wendy Kelley, # 2 Exhibit B - Second Declaration of Dexter Payne, # 3 Exhibit C - Georgia Dept. of Corrs. Islam Guidelines, # 4 Exhibit D - Mayfield Response to Grievance, # 5 Exhibit E - Declaration of Christopher Budnik)(Garner, Jerry) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
55

STATEMENT OF FACTS (Local Rule 56.1) re 44 Motion for Summary Judgment Defendants' Response to Plaintiffs' Statement of Facts filed by All Defendants. (Garner, Jerry) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
56

RESPONSE in Opposition re 41 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Document PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF FACTS, # 2 Exhibit DECLARATION OF GADEIR I. ABBAS)(Masri, Lena) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
57

RESPONSE in Opposition re 41 MOTION for Summary Judgment Exhibit 33 filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 34, # 2 Exhibit Exhibit 35)(Masri, Lena) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
58

Unopposed MOTION for Extension of Time to File Response/Reply by All Defendants (Garner, Jerry) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
59

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 58 Defendants' unopposed Motion for Extension of Time. All parties have until June 17, 2020 in which to file replies to the summary judgment responses. Signed by Magistrate Judge Jerome T. Kearney on 5/28/20. (pdw) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
60

Unopposed MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Summary Judgment, 41 MOTION for Summary Judgment by All Plaintiffs (Masri, Lena) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
61

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 60 Plaintiffs' unopposed Motion for Extension of Time to File Replies to the Summary Judgment Motions. All Replies are due June 24, 2020. Signed by Magistrate Judge Jerome T. Kearney on 6/9/20. (pdw) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
62

REPLY to Response to Motion re 41 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Exhibit Declaration of Charles Allen, # 2 Exhibit Declaration of Greg Rogers)(Garner, Jerry) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
63

NOTICE of Appearance by Deena Fox on behalf of USA (jap) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
64

NOTICE of filing Statement of Interest by USA (jap) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

Clearinghouse
65

REPLY to Response to Motion re 44 MOTION for Summary Judgment filed by All Plaintiffs. (Masri, Lena) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
66

RESPONSE re 64 Notice (Other) Defendants' Response to Statement of Interest on Behalf of the United States of America by Jim Babcock, Tommy Bourgeois, Tom Bradshaw, Danny Burl, Aundrea Culclager, DeAngelo Earl, Wendy Kelley, Joshua Mayfield, Dexter Payne, Dale Reed, Billy Straughn (Garner, Jerry) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
67

PRO SE MOTION for Order by Gregory Houston Holt. (ljb) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
68

PRO SE MOTION for Order by Gregory Houston Holt. (WITHDRAWN pursuant to 72 Order.) (ljb) Modified on 8/10/2020 (ljb). (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
69

RESPONSE in Opposition re 67 MOTION for Order to Appear and Testify by Nonparty Rodney Bunch, Inmate #117083, pro se filed by All Defendants. (Merritt, Jennifer) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
70

ORDER denying 67 Motion to Appear, filed by non-party Rodney Bunch for the reasons set forth in the 69 Defendants' Response in opposition. Signed by Magistrate Judge Jerome T. Kearney on 07/28/2020. (lmc) (Entered: 07/29/2020)

July 28, 2020

July 28, 2020

PACER
71

NOTICE by Gregory Houston Holt re 68 MOTION for Order WITHDRAWAL OF PRO SE MOTION FOR ORDER (Masri, Lena) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
72

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 71 Notice withdrawing 68 Motion for Order. Motion for Order 68 is termed. Signed by Magistrate Judge Jerome T. Kearney on 8/10/20. (pdw) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
73

MOTION for Return of Property by Gregory Houston Holt (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Masri, Lena) (Entered: 08/16/2020)

Aug. 16, 2020

Aug. 16, 2020

PACER
74

PROPOSED FINDINGS AND RECOMMENDATIONS recommending 41 Defendants' Motion for Summary Judgment be GRANTED, 44 Plaintiffs' Motion for Summary Judgment be DENIED, and 1 Plaintiffs' Complaint be DISMISSED with prejudice. Objections are due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Jerome T. Kearney on 08/17/2020. (lmc) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
75

Unopposed MOTION for Extension of Time to File Response/Reply as to 74 REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Wayde Stewart, Rodney Martin, Abdul Maalik Muhammad, 44 MOTION for Summary Judgment filed by Wayde Stewart, Rodney Martin, Gregory Houston Holt, 41 MOTION for Summary Judgmen by All Plaintiffs (Masri, Lena) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
76

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 75 Motion for Extension of Time to File Response/Reply. Signed by Judge Brian S. Miller on 08/24/2020. (rmg) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
77

RESPONSE in Opposition re 73 MOTION for Return of Property filed by All Defendants. (Merritt, Jennifer) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
78

REPLY to Response to Motion re 73 MOTION for Return of Property filed by Gregory Houston Holt. (Attachments: # 1 Exhibit Exhibit A)(Masri, Lena) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
79

OBJECTION to 74 Report and Recommendations by Jim Babcock, Tommy Bourgeois, Tom Bradshaw, Danny Burl, Aundrea Culclager, DeAngelo Earl, Wendy Kelley, Joshua Mayfield, Dexter Payne, Dale Reed, Billy Straughn Partial Objection (Merritt, Jennifer) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
80

ORDER denying 73 Gregory Holt's motion for return of property. Signed by Judge Brian S. Miller on 9/14/2020. (kdr)(Docket text modified on 9/18/2020 to correct the linkage) (jak) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER

NOTICE OF DOCKET CORRECTION re 80 Order. CORRECTION: The docket text was modified to correct the linkage to 73 Motion as marked on the Order. (jak)

Sept. 18, 2020

Sept. 18, 2020

PACER
81

OBJECTION to 74 Report and Recommendations by Gregory Houston Holt, Rodney Martin, Wayde Stewart (Masri, Lena) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
82

Joint MOTION for Extension of Time to File Response/Reply as to 79 Objection to Report and Recommendations, 81 Objection to Report and Recommendations by All Defendants (Merritt, Jennifer) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
83

ORDER denying 82 motion for extension of time. The deadline for all responses to 74 proposed findings and recommendations was 9/21/2020 76 . Signed by Judge Brian S. Miller on 9/25/2020. (kdr) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
84

RESPONSE re 79 Objection to Report and Recommendations, filed by All Plaintiffs. (Masri, Lena) (Docket text modified on 9/28/2020 to correct the description of the document filed) (jak) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
85

NOTICE by USA re 74 REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Wayde Stewart, Rodney Martin, Abdul Maalik Muhammad, 44 MOTION for Summary Judgment filed by Wayde Stewart, Rodney Martin, Gregory Houston Holt, 41 MOTION for Summary Judgmen Second Statement of Interest (Fox, Deena) Modified on 10/6/2020 (kdr). [STRICKEN from the record, pursuant to 88 Order.] (Entered: 09/27/2020)

Sept. 27, 2020

Sept. 27, 2020

PACER

NOTICE OF DOCKET CORRECTION re 84 Memorandum of Points and Authorities. CORRECTION: The docket text was modified to correct the description of the document filed as "RESPONSE re 79 Objection to Report and Recommendations, filed by All Plaintiffs" as marked on the document. (jak)

Sept. 28, 2020

Sept. 28, 2020

PACER
86

MOTION to Strike 85 Notice (Other), Second Statement of Interest of the United States of America and Incorporated Brief in Support by All Defendants (Merritt, Jennifer) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
87

ORDER adopting in part and rejecting in part 74 recommended disposition; Defendants Burl, Earl, Bradshaw, and Straughn are dismissed because they are sued only in their individual capacities. 44 Plaintiffs' motion for summary judgment and 41 defendants' motion for summary judgment are denied with respect to plaintiffs' Religious Land Use and Institutionalized Persons Act claims on the Arkansas Division of Corrections's (ADC) Jumuah and Kufi policies. Those claims for injunctive relief will continue to trial against defendants in their official capacities. 44 Plaintiffs' motion for summary judgment is denied and 41 defendants' motion for summary judgment is granted on all of plaintiffs' free exercise claims. Those claims are dismissed with prejudice. Signed by Judge Brian S. Miller on 9/30/2020. (kdr)(Docket text modified on 11/1/2021 to correct the description of the document filed) (jak) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

Clearinghouse

NOTICE OF DOCKET CORRECTION re 87 ORDER. CORRECTION: The docket text was modified to include that "Defendants Burl, Earl, Bradshaw, and Straughn are dismissed because they are sued only in their individual capacities" as marked on the Order.(jak)

Sept. 30, 2020

Sept. 30, 2020

PACER
88

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 86 motion to strike. Signed by Judge Brian S. Miller on 10/6/20. (akr). (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
89

ORDER: Plaintiffs have requested a jury trial. The parties have not consented to proceed before a United States Magistrate Judge. The discovery and dispositive motions deadlines have passed, and Plaintiffs are represented by counsel. This case is now ready to be set for trial before. Signed by Magistrate Judge Jerome T. Kearney on 02/09/2021. (lmc) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
90

NOTICE of Appearance by James D. Rankin, III on behalf of All Plaintiffs (Rankin, James) (Additional attachment(s) added on 5/19/2021: # 1 Main Document - Correct (submitted 5/19/2021)) (jak). (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
91

NOTICE of Appearance by Samuel McLelland on behalf of All Plaintiffs (McLelland, Samuel) (Additional attachment(s) added on 5/19/2021: # 1 Main Document - Correct (submitted 5/19/2021)) (jak). (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
92

NOTICE OF DOCKET CORRECTION re 90 and 91 Notice of Appearance. CORRECTION: The original documents were submitted in editable image file formats. The correct documents were added to docket entries 90 and 91 based on the attached correspondence. (jak) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
93

FINAL SCHEDULING ORDER: Jury Trial set for sometime during the week of 10/25/2021 at 9:30 a.m. in Little Rock Courtroom #2D before Judge Brian S. Miller. Pretrial Disclosure Sheet due by 9/24/2021. Signed at the Direction of the Court on 5/26/2021. (ljb) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
94

MOTION to Withdraw as Attorney by All Defendants (Garner, Jerry) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
95

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 94 motion to withdraw as attorney; and terminating attorney Jerry D. Garner. Signed by Judge Brian S. Miller on 6/9/2021. (ljb) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER

Case Details