Case: Chasin v. District of Columbia

1:05-cv-01792 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 9, 2005

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was one of two that challenged D.C. Fire and Emergency Medical Services Department (DC Fire) rules prohibiting beards and long hair under the Religious Freedom Restoration Act (RFRA).  The plaintiffs, a group of DC Fire employees with religious convictions prohibiting them from shaving their beards, brought this lawsuit against the District of Columbia in the U.S. District Court for the District of Columbia on September 9, 2005. The plaintiffs challenged a DC Fire rule which required …

This case was one of two that challenged D.C. Fire and Emergency Medical Services Department (DC Fire) rules prohibiting beards and long hair under the Religious Freedom Restoration Act (RFRA). 

The plaintiffs, a group of DC Fire employees with religious convictions prohibiting them from shaving their beards, brought this lawsuit against the District of Columbia in the U.S. District Court for the District of Columbia on September 9, 2005. The plaintiffs challenged a DC Fire rule which required all members to be clean shaven in the area where the sealing surface of their masks met their faces (no-beard rule). Specifically, they claimed that the no-beard rule violated the RFRA because it substantially burdened their exercise of religion and was not the least restrictive means of achieving a compelling government interest. The plaintiffs sought a declaratory judgment that the no-beard rule violated their rights under the RFRA, a preliminary and permanent injunction prohibiting DC Fire from taking adverse action against any plaintiff because of their facial hair, and an order saying that plaintiffs who were assigned to administrative duties because of their facial hair be able to perform those duties on their regular schedules and be paid accordingly. The plaintiffs also sought compensatory damages and to be made whole with respect to pay, benefits, seniority, and all other terms and conditions of employment for all losses resulting from their removal from active duty due to their religious observances.  

On the same day they filed their complaint, the plaintiffs asked the court for a preliminary injunction against enforcement of the no-beard rule. On November 10, 2005, the court granted in part and denied in part the plaintiffs’ motion. The court enjoined the defendant from discharging, disciplining, retaliating against, or imposing any other adverse action upon the plaintiffs on account of the plaintiffs’ refusal to shave their beard. However, the court said that plaintiffs may be placed on administrative leave during that time. Furthermore, the court consolidated this case with Potter v. District of Columbia, another case challenging DC Fire’s beard policies and in which there was already a preliminary injunction in place protecting other DC Dire employees from being discharged for wearing beards for religious reasons. 


Unlike the rest of the plaintiffs, two plaintiffs in this case shaved their beards, in disobedience to their religious beliefs, in order to remain on active duty. They did so because they could not afford to remain on administrative duty for an extended period of time, given the pay cut that accompanied it. As a result, they were not a part of the preliminary injunction phase of this case. Following the court’s November grant of the preliminary injunction, these two plaintiffs filed a motion for reinstatement. In that motion, they asked the court to allow them to regrow their beards while remaining on regular duty because otherwise they would be put in the position of choosing between quitting their jobs or violating their religious beliefs for the indefinite future. The court denied their request on March 14, 2006, but it granted their motion for reinstatement. They appealed that denial on April 7, 2006, and on April 11, 2006, they moved in the district court for an injunction pending their appeal that would allow them to re-grow their beards and remain on active duty. The court denied that motion on April 18, 2006. The parties eventually agreed to voluntarily dismiss the appeal, and the D.C. Circuit accordingly dismissed on November 9, 2006. 2006 WL 3307275.

On July 7, 2006, the defendant filed a motion for summary judgment. The plaintiffs also filed a motion for summary judgment on October 16, 2006. After the court granted plaintiffs’ motion to amend their complaint, the plaintiffs filed their first amended complaint on August 22, 2007. The plaintiffs maintained that the policy violated the RFRA and the First Amendment, but they sought additional relief. Specifically, they asked the court to (i) make plaintiffs whole for losses resulting from their being removed from active duty because of their failure to adhere to the grooming policy and (ii) award compensatory damages. 

On September 28, 2007, the court denied the defendant’s motion for summary judgment and granted the plaintiffs’ motion for summary judgment. It found that D.C. Fire’s policy violated the RFRA, and it directed the plaintiffs to file a form of order proposing appropriate further relief. On October 29, 2007, the court issued a permanent injunction enjoining defendants from enforcing the facial hair provisions of its policy against plaintiffs. It also ordered (i) that defendant restore to field duty each plaintiff who was assigned to administrative duty for violating the facial hair policy, (ii) that plaintiffs who shaved their facial hair in order to remain on field duty be allowed to regrow their beards, and (iii) that if any plaintiffs claimed lost income, benefits, or lost or forced sick leave as a result of violating the policy, the parties would confer and seek in good faith to agree upon remedies for such losses. 

On October 30, 2007, the defendant appealed the district court’s grant of summary judgment to plaintiffs to the U.S. Court of Appeals for the District of Columbia. The D.C. Circuit affirmed the judgment of the district court on April 23, 2010.

The case was reassigned in the district court to Judge Richard J. Leon, and the court referred the case to mediation on January 2, 2013. On October 27, 2013, the plaintiffs filed a motion to dismiss the case with prejudice, in accordance with a settlement agreement between the parties. The court granted the motion on October 11, 2013, and it retained jurisdiction for limited purposes, including adjudicating any alleged violation of the parties’ settlement agreement. 

In February 2020, D.C. Fire announced a new facial hair policy to conform with practices recommended by several agencies. The policy recommended against having facial hair so as to ensure a tight fit not only with facemasks but also with medical masks. It prohibited employees from having facial hair that came between the sealing surface of the face piece and the face or interfered with the valve function. 

On November 7, 2022, the plaintiffs filed a motion for judgment of civil contempt, claiming that the parties had failed to reach a settlement agreement. on August 31, 2023, the court denied that motion on discretionary grounds. It found that although plaintiffs may have shown that D.C. Fire violated the court’s order by enforcing the 2020 policy (which was nearly identical to the policy plaintiffs originally challenged) and returning plaintiffs to administrative duty, D.C. Fire acted in a reasonably cautious way, under unprecedented and extraordinary circumstances, to keep plaintiffs and the public it served safe during the COVID-19 pandemic. It therefore determined that defendant should not be considered a contemnor for its actions, especially since plaintiffs’ damages were likely to be de minimis. 

On October 2, 2023, the plaintiffs appealed the court’s order denying their motion for judgment of civil contempt to the D.C. Circuit. The court issued its opinion on January 28, 2025. 126 F.4th 720. It found that the district court abused its discretion by misapplying the legal standards for civil contempt. The court explained that the district court could not exercise discretion in this case. Instead, it was required to determine whether D.C. Fire violated plaintiffs’ rights under the 2007 injunction. Alternatively, the district court could have withheld judgment if it found that recognized defense to contempt applied, but violating an injunction “in a reasonably cautious way” was not a recognized defense to civil contempt. The court vacated the dismissal order and remanded to the district court. The case is ongoing as of April 20, 2025.

 

Summary Authors

Connor Mulvena (4/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4202918/parties/chasin-v-district-of-columbia/


Judge(s)

Robertson, James (District of Columbia)

Attorney for Plaintiff
Attorney for Defendant

Bluming, Micah Ian (District of Columbia)

Love, Richard S. (District of Columbia)

Matini, Shana Lyn (District of Columbia)

Miller, Eden Ilene (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:05-cv-01792

Complaint

Sept. 9, 2005

Sept. 9, 2005

Complaint
3

1:05-cv-01792

Motion for Preliminary Injunction

Sept. 9, 2005

Sept. 9, 2005

Pleading / Motion / Brief
11

1:05-cv-01792

Preliminary Injunction and Order of Consolidation

Nov. 10, 2005

Nov. 10, 2005

Order/Opinion
26

1:05-cv-01792

Defendant District of Columbia's Emergency Motion to Stay or Modify Pending Appeal the Court's Order of March 20, 2006

Potter v. District of Columbia

March 28, 2006

March 28, 2006

Pleading / Motion / Brief
32

1:05-cv-01792

Plaintiffs Evans' and Baker's Motion for Injunction Pending Appeal

April 11, 2006

April 11, 2006

Pleading / Motion / Brief
33

1:05-cv-01792

Memorandum Order

Potter v. District of Columbia

April 18, 2006

April 18, 2006

Order/Opinion
38

1:05-cv-01792

USCA Order

May 31, 2006

May 31, 2006

49

1:05-cv-01792

USCA Order

Nov. 9, 2006

Nov. 9, 2006

49

1:05-cv-01792

USCA Order

Nov. 9, 2006

Nov. 9, 2006

54

1:05-cv-01792

Amended Complaint

Aug. 22, 2007

Aug. 22, 2007

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4202918/chasin-v-district-of-columbia/

Last updated May 15, 2025, 1:44 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DISTRICT OF COLUMBIA (Filing fee $ 250) filed by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS.(lc, ) (Entered: 09/13/2005)

Sept. 9, 2005

Sept. 9, 2005

Clearinghouse
2

NOTICE OF RELATED CASE by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS. Case related to Case No. 01-1189. (lc, ) (Entered: 09/13/2005)

Sept. 9, 2005

Sept. 9, 2005

RECAP
3

MOTION for Preliminary Injunction by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS. (Attachments: # 1 Exhibit A# 2 Chasin Declaration# 3 Conerly Declaration# 4 Evans Declaration# 5 Rashumaa Declaration# 6 Sterling Declaration# 7 Baker Declaration)(lc, ) (Entered: 09/13/2005)

1 Exhibit A

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2 Chasin Declaration

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3 Conerly Declaration

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4 Evans Declaration

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5 Rashumaa Declaration

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6 Sterling Declaration

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7 Baker Declaration

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Sept. 9, 2005

Sept. 9, 2005

Clearinghouse

Summons (1) Issued as to DISTRICT OF COLUMBIA. (lc, )

Sept. 9, 2005

Sept. 9, 2005

PACER
4

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA served on 9/12/2005, answer due 10/3/2005 (Spitzer, Arthur) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

RECAP

NOTICE of Hearing on Motion 3 MOTION for Preliminary Injunction: Motion Hearing set for 10/3/2005 02:00 PM in Courtroom 16 before Judge James Robertson. (alr, )

Sept. 16, 2005

Sept. 16, 2005

PACER
5

Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' 3 Motion for Preliminary Injunction by DISTRICT OF COLUMBIA. (Utiger, Robert) Modified on 9/20/2005 (lc, ). (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

RECAP

ORDER granting 5 Motion for Extension of Time to File Response/Reply to Plaintiffs' Motion for Preliminary Injunction. Signed by Judge James Robertson on 9/22/2005. (alr, )

Sept. 22, 2005

Sept. 22, 2005

PACER
6

Memorandum in opposition to motion re 3 Plaintiffs' Motion for Preliminary Injunction filed by DISTRICT OF COLUMBIA. (Utiger, Robert) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

RECAP
7

NOTICE of Appearance by Eden Ilene Miller on behalf of all defendants (Miller, Eden) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

RECAP
8

NOTICE by DISTRICT OF COLUMBIA re 6 Memorandum in Opposition (Attachments: # 1 Declaration of Roy McKay# 2 Curriculum Vitae Roy McKay)(Miller, Eden) (Entered: 09/28/2005)

1 Declaration of Roy McKay

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2 Curriculum Vitae Roy McKay

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Sept. 28, 2005

Sept. 28, 2005

RECAP
9

REPLY to opposition to motion re 3 Preliminary Injunction filed by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS. (Attachments: # 1 Exhibit A)(Spitzer, Arthur) (Entered: 09/30/2005)

1 Exhibit A

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Sept. 30, 2005

Sept. 30, 2005

RECAP

Minute Entry for proceedings held before Judge James Robertson: Motion Hearing held on 10/11/2005 re 3 MOTION for Preliminary Injunction filed by ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS, SHANGO KWAME RASHUMAA, JASPER W. STERLING. Court partially grants motion for preliminary injunction. Plaintiffs ordered to submit proposed order. (Court Reporter Rebecca King.) (alr, )

Oct. 11, 2005

Oct. 11, 2005

PACER
10

NOTICE of Filing of Preliminary Injunction Order by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS re 3 MOTION for Preliminary Injunction (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/18/2005)

1 Text of Proposed Order

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Oct. 18, 2005

Oct. 18, 2005

RECAP
11

PRELIMINARY INJUNCTION AND ORDER OF CONSOLIDATION granting in part and denying in part 3 Motion for Preliminary Injunction. FURTHER ORDERED that this case and the case of Potter v. District of Columbia, No. 01-cv-1189 (JR) are hereby consolidated; evidence in the record of either case shall be deemed admitted in both cases, and the parties shall coordinate their litigation of the two cases to the extend practicable.Signed by Judge James Robertson on 11/10/2005. (alr, ) (Entered: 11/14/2005)

Nov. 10, 2005

Nov. 10, 2005

Clearinghouse

Cases associated. (lc, )

Nov. 14, 2005

Nov. 14, 2005

PACER
12

NOTICE of Appearance by Eden Ilene Miller on behalf of DISTRICT OF COLUMBIA Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Miller, Eden) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

RECAP
13

Consent MOTION for Extension of Time to File Response/Reply as to 103 MOTION Entry of Order Directing Reinstatement of Plaintiffs Potter and Ali Pursuant to the August 11, 2005, Order by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Miller, Eden) (Entered: 01/10/2006)

1 Text of Proposed Order

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Jan. 10, 2006

Jan. 10, 2006

RECAP

MINUTE ORDER granting consented motion for extension of time 105 to January 20, 2006 to file response as to [103, No. 01-1189]. Signed by Judge James Robertson on January 10, 2006. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(MT)

Jan. 10, 2006

Jan. 10, 2006

PACER
14

MOTION for Entry of an Order Directing Reinstatement of Plaintiffs Pursuant to the Court's Order of November 10, 2005 by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS. (Attachments: # 1 Chasin Declaration# 2 Evans Declaration# 3 Baker Declaration# 4 Langley Declaration# 5 Text of Proposed Order)(Spitzer, Arthur) (Entered: 01/12/2006)

1 Chasin Declaration

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2 Evans Declaration

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3 Baker Declaration

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4 Langley Declaration

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5 Text of Proposed Order

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Jan. 12, 2006

Jan. 12, 2006

RECAP
15

Consent MOTION for Extension of Time to File Response/Reply as to 103 MOTION Entry of Order Directing Reinstatement of Plaintiffs Potter and Ali Pursuant to the August 11, 2005, Order by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Miller, Eden) (Entered: 01/20/2006)

1 Text of Proposed Order

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Jan. 20, 2006

Jan. 20, 2006

RECAP
16

Memorandum in opposition to re 14 Potter and Chasin Plaintiffs Motions to Reinstate filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Utiger, Robert) (Entered: 01/23/2006)

1 Exhibit A

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2 Exhibit B

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Jan. 23, 2006

Jan. 23, 2006

RECAP

MINUTE ORDER finding as moot defendant's motion for extension of time 15 . Signed by Judge James Robertson on January 25, 2006. (MT)

Jan. 25, 2006

Jan. 25, 2006

PACER
17

Consent MOTION for Extension of Time to File Response/Reply as to 103 MOTION Entry of Order Directing Reinstatement of Plaintiffs Potter and Ali Pursuant to the August 11, 2005, Order by CALVERT L. POTTER, TARICK A. ALI. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Spitzer, Arthur) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

RECAP

ORDER granting 17 motion for extension of time to file response/reply . Signed by Judge James Robertson on 2/2/06. (Robertson, James)

Feb. 2, 2006

Feb. 2, 2006

PACER
18

ANSWER to Complaint by DISTRICT OF COLUMBIA.(Utiger, Robert) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

RECAP
19

REPLY to opposition to motion re 14 MOTION for Entry of an Order Directing Reinstatement of Plaintiffs Pursuant to the Court's Order of November 10, 2005 filed by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS. (Attachments: # 1 Chasin 3rd declaration# 2 Rashumaa 2d Declaration# 3 Sterling 2d declaration)(Spitzer, Arthur) (Entered: 02/07/2006)

1 Chasin 3rd declaration

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2 Rashumaa 2d Declaration

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3 Sterling 2d declaration

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Feb. 7, 2006

Feb. 7, 2006

RECAP
20

NOTIFICATION OF SUPPLEMENTAL AUTHORITY by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS (Attachments: # 1 Exhibit Gonzales v. O Centro Espirita)(Spitzer, Arthur) (Entered: 02/22/2006)

1 Exhibit Gonzales v. O Centro Espirita

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Feb. 22, 2006

Feb. 22, 2006

RECAP

Set/Reset Hearings: Motions Hearing (oral argument) all pending motions set for 3/14/2006 10:00 AM in Courtroom 23A before Judge James Robertson. (alr, )

Feb. 28, 2006

Feb. 28, 2006

PACER

Set/Reset Hearings: Motions Hearing (oral argument) all pending motions set for 3/14/2006 10:00 AM in Courtroom 23A before Judge James Robertson. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(alr, )

Feb. 28, 2006

Feb. 28, 2006

PACER
21

RESPONSE to 20 Plaintiffs' Notice of Supplemental Authority filed by DISTRICT OF COLUMBIA. (Utiger, Robert) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

RECAP

Minute Entry for proceedings held before Judge James Robertson : Status Conference held on 3/14/2006. Motion for reinstatement heard and granted. Order to follow. (Court Reporter Rebecca Stonestreet.) Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(alr, )

March 14, 2006

March 14, 2006

PACER
22

NOTICE OF APPEAL of Minute Entry entered 3/14/2006 by DISTRICT OF COLUMBIA. Filing fee $ 0.00. (lc, ) (Entered: 03/17/2006)

March 16, 2006

March 16, 2006

RECAP

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 22 Notice of Appeal (lc, )

March 17, 2006

March 17, 2006

PACER
23

ORDER granting plaintiffs' motion for entry of an order directing reinstatement 14 . Signed by Judge James Robertson on March 20, 2006. (MT) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

RECAP
24

NOTICE OF APPEAL as to 23 Order on Motion for Miscellaneous Relief by DISTRICT OF COLUMBIA. Filing fee $ 0.00. (lc, ) (Entered: 03/27/2006)

March 24, 2006

March 24, 2006

RECAP

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 24 Notice of Appeal (lc, )

March 27, 2006

March 27, 2006

PACER
25

TRANSCRIPT of Motions Hearing held on Tuesday, March 14, 2006 before Judge James Robertson. Court Reporter: Bryan A. Wayne. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (Transcript shelved with lead case 01-1189) Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(lc, ) (Entered: 03/28/2006)

March 27, 2006

March 27, 2006

PACER
26

MOTION to Stay re 111 Order on Motion for Miscellaneous Relief or in the Alternative to Modify the Court's Orders of March 20, 2006 by DISTRICT OF COLUMBIA. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Utiger, Robert) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

Clearinghouse
27

MOTION to Modify 111 Order on Motion for Miscellaneous Relief by DISTRICT OF COLUMBIA. (see docket entry 114 for document image) Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(lc, ) (Entered: 03/29/2006)

March 28, 2006

March 28, 2006

PACER

USCA Case Number 06-7044 for 24 Notice of Appeal filed by DISTRICT OF COLUMBIA, 22 Notice of Appeal filed by DISTRICT OF COLUMBIA. (lc, )

April 3, 2006

April 3, 2006

PACER

USCA Case Number 06-7043 for 112 Notice of Appeal filed by DISTRICT OF COLUMBIA,, 110 Notice of Appeal filed by DISTRICT OF COLUMBIA,. (lc, )

April 3, 2006

April 3, 2006

PACER
28

NOTICE OF APPEAL as to 23 Order on Motion for entry of an order directing reinstatement by ELEON A. BAKER, DWIGHT EVANS. Filing fee $ 255, receipt number 143942. (tg, ) (Entered: 04/07/2006)

April 7, 2006

April 7, 2006

RECAP

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 28 Notice of Appeal (tg, )

April 7, 2006

April 7, 2006

PACER
29

Memorandum in opposition to re 26 MOTION to Stay re 111 Order on Motion for Miscellaneous Relief or in the Alternative to Modify the Court's Orders of March 20, 2006, 27 MOTION to Amend/Correct 111 Order on Motion for Miscellaneous Relief filed by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS. (Attachments: # 1 Declaration of Kenneth M. Lyons# 2 FEMS Memo #39, 2006# 3 Fit Test Spreadsheet# 4 Fit Tests in Score Order# 5 4th Declaration of Steven Chasin# 6 Letter of Carl Rowan, Jr.# 7 Text of Proposed Order)(Spitzer, Arthur) (Entered: 04/11/2006)

1 Declaration of Kenneth M. Lyons

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2 FEMS Memo #39, 2006

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3 Fit Test Spreadsheet

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4 Fit Tests in Score Order

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5 4th Declaration of Steven Chasin

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6 Letter of Carl Rowan, Jr.

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7 Text of Proposed Order

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April 11, 2006

April 11, 2006

RECAP
30

MOTION for an Order Directing the Fire Department to Administer Proper Fit Tests to Plaintiffs Rashumaa and Conerly by SHANGO KWAME RASHUMAA, KEVIN CONERLY. (Attachments: # 1 3rd Declaration of Shango Kwame Rashumaa# 2 Rashumaa test result# 3 2d Declaration of Kevin Conerly# 4 Text of Proposed Order)(Spitzer, Arthur) (Entered: 04/11/2006)

1 3rd Declaration of Shango Kwame Rashumaa

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2 Rashumaa test result

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3 2d Declaration of Kevin Conerly

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4 Text of Proposed Order

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April 11, 2006

April 11, 2006

RECAP
31

MOTION for Clarification of Order of March 20, 2006 re 23 Order on Motion for Miscellaneous Relief by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 04/11/2006)

1 Text of Proposed Order

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April 11, 2006

April 11, 2006

RECAP
32

MOTION for Injunction Pending Appeal for Plaintiffs Evans and Baker by ELEON A. BAKER, DWIGHT EVANS. (Attachments: # 1 2d Declaration of Dwight Evans# 2 2d Declaration of Eleon Baker# 3 Draft Order Reflecting March 14 Oral Ruling# 4 Text of Proposed Order)(Spitzer, Arthur) (Entered: 04/11/2006)

1 2d Declaration of Dwight Evans

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2 2d Declaration of Eleon Baker

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3 Draft Order Reflecting March 14 Oral Ruling

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4 Text of Proposed Order

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April 11, 2006

April 11, 2006

Clearinghouse

MINUTE ORDER denying motions to stay 114 to Amend/Correct 115 in 01-1189 and 26 and 27 in 05-1792. Signed by Judge James Robertson on April 12, 2006. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(MT)

April 12, 2006

April 12, 2006

PACER
33

ORDER granting plaintiffs' motion for clarification 117 in 01-1189, 31 in 05-1792; denying motion of plaintiffs Rahsumaa and Conerly 30 in 05-1792 and denying motion of plaintiffs Evans and Baker 32 in 05-1792. The parties are to present a proposed schedule for future proceedings by April 28, 2006. Signed by Judge James Robertson on April 18, 2006. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(MT) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

Clearinghouse
34

MOTION for Reconsideration re 33 Order on Motion for Miscellaneous Relief, by SHANGO KWAME RASHUMAA, KEVIN CONERLY. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 04/20/2006)

1 Text of Proposed Order

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April 20, 2006

April 20, 2006

RECAP

USCA Case Number 06-7050 for 28 Notice of Appeal filed by ELEON A. BAKER,, DWIGHT EVANS,. (lc, )

April 24, 2006

April 24, 2006

PACER
35

MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Spitzer, Arthur) (Entered: 04/28/2006)

1 Text of Proposed Order

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April 28, 2006

April 28, 2006

RECAP
36

Memorandum in opposition to re 34 MOTION for Reconsideration re 33 Order on Motion for Miscellaneous Relief, filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1, Second McKay Declaration# 3 Exhibit 2, Flint Declaration)(Miller, Eden) (Entered: 05/04/2006)

1 Text of Proposed Order

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2 Exhibit 1, Second McKay Declaration

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3 Exhibit 2, Flint Declaration

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May 4, 2006

May 4, 2006

RECAP

MINUTE ORDER denying motion for reconsideration 34 . Signed by Judge James Robertson on May 5, 2006. (MT)

May 5, 2006

May 5, 2006

PACER
37

ORDER that the meet and confer report 120 in 01-1189 and 35 in 05-1792 proposed deadlines for a dispositive motion and opposition are approved and so ordered. Signed by Judge James Robertson on May 5, 2006. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(MT) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

RECAP
38

ORDER of USCA (certified copy) as to 112 ; It is hereby ordered that the motion to stay be denied; USCA#06-7043 (jsc) (Entered: 06/23/2006)

May 31, 2006

May 31, 2006

Clearinghouse
39

NOTICE of Fit Test Failures by DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit 1, Fit Test Results)Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Miller, Eden) (Entered: 06/27/2006)

1 Exhibit 1, Fit Test Results

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June 27, 2006

June 27, 2006

RECAP
40

MOTION for Summary Judgment by DISTRICT OF COLUMBIA. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Koger, Thomas) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

RECAP
41

Joint MOTION for Protective Order by CALVERT L. POTTER, TARICK A. ALI, HASSAN A. UMRANI. (Attachments: # 1)Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Doan, Joshua) (Entered: 07/28/2006)

1 *Restricted*

View on RECAP

July 28, 2006

July 28, 2006

RECAP

MINUTE ORDER adopting the protective order and stipulation regarding the disclosure of confidential information as proposed by the parties. Signed by Judge James Robertson on 7/31/2006. (alr)

July 31, 2006

July 31, 2006

PACER

MINUTE ORDER granting 125 Motion for Protective Order and adopting the protective order and stipuation regarding the disclosure of confidential information as proposed by the parties. . Signed by Judge James Robertson on 8/1/2006. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(alr)

Aug. 1, 2006

Aug. 1, 2006

PACER
42

MOTION to Stay Discovery Outside of the context of a Rule 56(f) Determination by DISTRICT OF COLUMBIA. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Utiger, Robert) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

RECAP
43

Memorandum in opposition to re 126 MOTION to Stay Discovery Outside of the context of a Rule 56(f) Determination filed by CALVERT L. POTTER, TARICK A. ALI, HASSAN A. UMRANI. (Attachments: # 1 Affidavit # 2 Text of Proposed Order)Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Doan, Joshua) (Entered: 08/18/2006)

1 Affidavit

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2 Text of Proposed Order

View on RECAP

Aug. 18, 2006

Aug. 18, 2006

RECAP
44

Consent MOTION for Extension of Time to File Response/Reply as to 126 MOTION to Stay Discovery Outside of the context of a Rule 56(f) Determination by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Miller, Eden) (Entered: 08/25/2006)

1 Text of Proposed Order

View on RECAP

Aug. 25, 2006

Aug. 25, 2006

RECAP

MINUTE ORDER granting defendant's consented motion for extension of time [128 in 01cv1189] and [44 in 05-1792] to September 1, 2006. Signed by Judge James Robertson on August 25, 2006. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(MT)

Aug. 25, 2006

Aug. 25, 2006

PACER
45

REPLY to opposition to motion re 126 MOTION to Stay Discovery Outside of the context of a Rule 56(f) Determination filed by DISTRICT OF COLUMBIA. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Utiger, Robert) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

RECAP
46

Memorandum in opposition to re 124 MOTION for Summary Judgment filed by CALVERT L. POTTER, TARICK A. ALI, HASSAN A. UMRANI. (Attachments: # 1 Notice of Filing# 2 Text of Proposed Order)Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Doan, Joshua) (Entered: 10/13/2006)

1 Notice of Filing

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2 Text of Proposed Order

View on RECAP

Oct. 13, 2006

Oct. 13, 2006

RECAP
47

MOTION for Summary Judgment by CALVERT L. POTTER, TARICK A. ALI, HASSAN A. UMRANI. (Attachments: # 1 Text of Proposed Order # 2 Doan Declaration (part 1 of 7)# 3 Doan Declaration (part 2 of 7)# 4 Doan Declaration (part 3 of 7)# 5 Doan Declaration (part 4 of 7)# 6 Doan Declaration (part 5 of 7)# 7 Doan Declaration (part 6 of 7)# 8 Doan Declaration (part 7 of 7))Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(Doan, Joshua) (Entered: 10/16/2006)

1 Text of Proposed Order

View on RECAP

2 Doan Declaration (part 1 of 7)

View on RECAP

3 Doan Declaration (part 2 of 7)

View on RECAP

4 Doan Declaration (part 3 of 7)

View on RECAP

5 Doan Declaration (part 4 of 7)

View on RECAP

6 Doan Declaration (part 5 of 7)

View on RECAP

7 Doan Declaration (part 6 of 7)

View on RECAP

8 Doan Declaration (part 7 of 7)

View on RECAP

Oct. 16, 2006

Oct. 16, 2006

RECAP
48

ORDER granting 130 Motion for Enforcement of Preliminary Injunction. Signed by Judge James Robertson on 11/7/2006. Associated Cases: 1:01-cv-01189-JR,1:05-cv-01792-JR(alr) (Entered: 11/08/2006)

Nov. 7, 2006

Nov. 7, 2006

RECAP
49

ORDER of USCA (certified copy) as to 28 Notice of Appeal filed by ELEON A. BAKER,, DWIGHT EVANS; It is hereby ordered that this case is dismissed and No mandate will issue; USCA#06-7050 (jsc) (Entered: 12/07/2006)

Nov. 9, 2006

Nov. 9, 2006

Clearinghouse

Cases associated. Case 05-1792 consolidated with 01-1189, with 01-1189 being the lead case. (lc, )

Dec. 7, 2006

Dec. 7, 2006

PACER
50

MANDATE of USCA (certified copy)It is hereby ordered that appeal numbers #06-7043 and 06-7044 are dismissed as moot; It is further ordered that appeal number 06-7050 shall remain scheduled for oral argument on November 6, 2006; USCA#06-7050 (jsc) (Entered: 12/28/2006)

Dec. 20, 2006

Dec. 20, 2006

RECAP
51

Consent MOTION for Extension of Time to File Response/Reply by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order # 2 Exhibit)(Miller, Eden) (Entered: 01/08/2007)

1 Text of Proposed Order

View on RECAP

2 Exhibit

View on RECAP

Jan. 8, 2007

Jan. 8, 2007

RECAP

MINUTE ORDER granting defendant's consented motion for extension of time 51 to January 26, 2007 and March 12, 2007. Signed by Judge James Robertson on January 9, 2007. (MT)

Jan. 9, 2007

Jan. 9, 2007

PACER
52

MOTION to Amend/Correct 1 Complaint by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS (Attachments: # 1 Proposed Amended Complaint# 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 08/13/2007)

1 Proposed Amended Complaint

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2 Text of Proposed Order

View on RECAP

Aug. 13, 2007

Aug. 13, 2007

RECAP

ENTERED IN ERROR.....Set Deadlines/Hearings: parties shall submit a joint status report by September 20, 2007(jwd) Modified on 9/5/2007 (jwd, ).

Aug. 20, 2007

Aug. 20, 2007

PACER
53

Consent MOTION for Extension of Time to File Response/Reply as to 52 MOTION to Amend/Correct 1 Complaint by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Miller, Eden) (Entered: 08/20/2007)

1 Text of Proposed Order

View on RECAP

Aug. 20, 2007

Aug. 20, 2007

RECAP

MINUTE ORDER denying defendant's consented motion for extension of time 53 and granting plaintiffs' motion for leave to file an amended complaint 52 . Signed by Judge James Robertson on August 22, 2007. (MT)

Aug. 22, 2007

Aug. 22, 2007

PACER
54

First AMENDED COMPLAINT against DISTRICT OF COLUMBIA filed by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS.(lc, ) (Entered: 08/22/2007)

Aug. 22, 2007

Aug. 22, 2007

Clearinghouse

NOTICE OF CORRECTED DOCKET ENTRY: The Set/Reset Deadline entry entered on 8/20/2007 requiring a Status Report to be file by 9/20/2007 was entered in this case in error. Therefore, please disregard this deadline entry. (jwd)

Sept. 5, 2007

Sept. 5, 2007

PACER
55

Consent MOTION for Extension of Time to File Answer re 54 Amended Complaint by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Miller, Eden) (Entered: 09/07/2007)

1 Text of Proposed Order

View on RECAP

Sept. 7, 2007

Sept. 7, 2007

RECAP

MINUTE ORDER granting defendant's consented motion for extension of time 55 to September 17, 2007. Signed by Judge James Robertson on September 10, 2007. (MT)

Sept. 10, 2007

Sept. 10, 2007

PACER
56

Consent MOTION for Extension of Time to File Answer by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Miller, Eden) (Entered: 09/17/2007)

1 Text of Proposed Order

View on RECAP

Sept. 17, 2007

Sept. 17, 2007

RECAP

MINUTE ORDER granting defendant's motion for extension of time 56 to September 24, 2007. Signed by Judge James Robertson on September 20, 2007. (MT)

Sept. 20, 2007

Sept. 20, 2007

PACER
57

NOTICE of the Parties by SHANGO KWAME RASHUMAA, JASPER W. STERLING, ELEON A. BAKER, DISTRICT OF COLUMBIA, STEVEN B. CHASIN, KEVIN CONERLY, DWIGHT EVANS re 54 Amended Complaint (Miller, Eden) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

RECAP
58

MEMORANDUM. Signed by Judge James Robertson on September 28, 2007. Associated Cases: 1:01-cv-01189-JR, 1:05-cv-01792-JR(MT) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

RECAP
59

ORDER denying defendant's motion for summary judgment 124 in No. 01-1189 and 40 in No. 05-1792; granting plaintiffs' motion for summary judgment 133 in No. 01-1189 and 47 in No. 05-1792. It is declared that Special Order 20 violates the Religious Freedom Restoration Act, 42 U.S.C. Sec. 2000bb et seq. Plaintiffs are directed to serve and file a form of order proposing appropriate further relief. Signed by Judge James Robertson on September 28, 2007. Associated Cases: 1:01-cv-01189-JR, 1:05-cv-01792-JR(MT) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

Clearinghouse
60

MOTION for Reconsideration re (59 in 1:05-cv-01792-JR, 59 in 1:05-cv-01792-JR) Order on Motion for Summary Judgment,,,,, (58 in 1:05-cv-01792-JR) Memorandum & Opinion by DISTRICT OF COLUMBIA Associated Cases: 1:01-cv-01189-JR, 1:05-cv-01792-JR(Miller, Eden) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

RECAP
61

Memorandum in opposition to re (60 in 1:05-cv-01792-JR, 154 in 1:01-cv-01189-JR) MOTION for Reconsideration filed by CALVERT L. POTTER, MONICA ALI, TARICK A. ALI, HASSAN A. UMRANI. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:01-cv-01189-JR, 1:05-cv-01792-JR(Doan, Joshua) (Entered: 10/29/2007)

1 Text of Proposed Order

View on RECAP

Oct. 29, 2007

Oct. 29, 2007

RECAP
62

RESPONSE re (153 in 1:01-cv-01189-JR) Notice (Other), Notice (Other) regarding Plaintiffs' Proposed Orders filed by DISTRICT OF COLUMBIA. Associated Cases: 1:01-cv-01189-JR, 1:05-cv-01792-JR(Miller, Eden) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

RECAP
63

PERMANENT INJUNCTION AND ORDER denying (60) Motion for Reconsideration in case 1:05-cv-01792-JR; denying (154) Motion for Reconsideration in case 1:01-cv-01189-JR. Signed by Judge James Robertson on 10/29/2007. Associated Cases: 1:01-cv-01189-JR, 1:05-cv-01792-JR.(alr) (Entered: 10/30/2007)

Oct. 29, 2007

Oct. 29, 2007

Clearinghouse
64

ENTERED IN ERROR.....NOTICE of Appeal by DISTRICT OF COLUMBIA Associated Cases: 1:01-cv-01189-JR, 1:05-cv-01792-JR(Love, Richard) Modified on 10/31/2007 (lc, ). (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

RECAP
65

NOTICE OF APPEAL as to 59 Order on Motion for Summary Judgment, 58 Memorandum & Opinion, 63 Order on Motion for Reconsideration, by DISTRICT OF COLUMBIA. Fee Status: No Fee Paid. Parties have been notified. (lc, ) (Entered: 10/31/2007)

Oct. 30, 2007

Oct. 30, 2007

RECAP

NOTICE OF CORRECTED DOCKET ENTRY: re 64 Notice (Other) was entered in error and has been refiled by the Court in the correct category in docket entry 65 . (lc, )

Oct. 31, 2007

Oct. 31, 2007

PACER

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 65 Notice of Appeal (lc, )

Oct. 31, 2007

Oct. 31, 2007

PACER

USCA Case Number 07-7164 for 65 Notice of Appeal filed by DISTRICT OF COLUMBIA. (lc, )

Nov. 28, 2007

Nov. 28, 2007

PACER
66

TRANSCRIPT of Proceedings held on October 11, 2005 Motions Hearing before Judge James Robertson. Court Reporter: Rebecca Stonestreet. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (tg, ) (Entered: 01/15/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
67

NOTICE OF WITHDRAWAL OF APPEARANCE as to DISTRICT OF COLUMBIA. Attorney Eden Ilene Miller terminated. (Miller, Eden) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

RECAP
68

NOTICE of Appearance by Shana Lyn Frost on behalf of DISTRICT OF COLUMBIA (Frost, Shana) (Entered: 02/11/2011)

Feb. 11, 2011

Feb. 11, 2011

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Equal Employment

Key Dates

Filing Date: Sept. 9, 2005

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a group of people employed by the District of Columbia Fire and Emergency Medical Services Department.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia (District of Columbia), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Position Restored

Reinstatement

Order Duration: 2007 - None

Issues

General/Misc.:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discrimination Basis:

Religion discrimination

Affected Religion(s):

Islam

Judaism

Other/Unspecified