Case: Gary v. Alaska Department of Corrections

3:23-cv-00262 | U.S. District Court for the District of Alaska

Filed Date: Nov. 15, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 15, 2023, a practicing Muslim man incarcerated pre-trial at the Anchorage Correctional Complex (ACC) filed this class action lawsuit in the District of Alaska under § 1983. The named defendants included the Alaska Department of Corrections (DOC), DOC Commissioner Jen Winkelman, and the ACC Superintendent. Plaintiff claimed that the defendants violated the rights of current and future Muslim prisoners under the Religious Land Use and Institutionalized Persons Act, as well as infringi…

On November 15, 2023, a practicing Muslim man incarcerated pre-trial at the Anchorage Correctional Complex (ACC) filed this class action lawsuit in the District of Alaska under § 1983. The named defendants included the Alaska Department of Corrections (DOC), DOC Commissioner Jen Winkelman, and the ACC Superintendent. Plaintiff claimed that the defendants violated the rights of current and future Muslim prisoners under the Religious Land Use and Institutionalized Persons Act, as well as infringing their Equal Protection guarantees and Free Exercise rights under the First and Fourteenth Amendments to the U.S. Constitution. Specifically, plaintiff alleged DOC refused to permit him to wear his kufi (a cap); denying him permission to use a slightly out-of-approved-dimension prayer rug (or providing him with an extra towel, as he used his towel for bathing as his prayer rug); and anti-Muslim comments. 

Represented by the ACLU of Alaska, the plaintiff sought declaratory and injunctive relief to restore his and proposed class members’ full exercise of their statutory and constitutional rights to practice their Islamic faith in custody. The case was assigned to Judge Joshua M. Kindred. 

On February 2, 2024, the court granted the parties' joint motion for an order permitting the discovery and disclosure of protected evidence. The order set out provisions for production of protected documents that are part of the DOC's institutional, medical, and disciplinary records. 

This case is ongoing.

Summary Authors

Alex DiLalla (3/20/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68011303/parties/gary-v-alaska-department-of-corrections/


Judge(s)

Kindred, Joshua Michael (Alaska)

Attorney for Plaintiff

Anderson, Howard Walton (Alaska)

Botstein, Ruth (Alaska)

Vidmar, Melody Layne (Alaska)

Attorney for Defendant

Yandel, Christopher William (Alaska)

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Documents in the Clearinghouse

Document
1

3:23-cv-00262

Complaint

Nov. 14, 2023

Nov. 14, 2023

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68011303/gary-v-alaska-department-of-corrections/

Last updated Jan. 19, 2026, 4:02 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

Nov. 15, 2023

Nov. 15, 2023

Clearinghouse
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AAKDC-3525725.), filed by William Gary.(Vidmar, Melody) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

2

Civil Cover Sheet. (Vidmar, Melody) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

2

Civil Cover Sheet. (Vidmar, Melody) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

3

HRH TEXT ORDER REASSIGNING CASE: Pursuant to the system of random case assignments, this action is administratively reassigned to the Honorable Joshua M. Kindred for all further proceedings. Please use the following case number on all future filings: 3:23-cv-00262-JMK. (JDS, COURT STAFF) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

Order Reassigning Case

Nov. 16, 2023

Nov. 16, 2023

Order Reassigning Case

Nov. 16, 2023

Nov. 16, 2023

4

Unissued Summons

Nov. 29, 2023

Nov. 29, 2023

4

Unissued summons re Defendant Alaska Department of Corrections, (Attachments: # 1 Unissued Summons re Defendant Arnaldo Hernandez, # 2 Unissued Summons re Defendant Jen Winkelman)(PXS, COURT STAFF) (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

1 - Summons Issued

Nov. 29, 2023

Nov. 29, 2023

1 - Summons Issued

Nov. 29, 2023

Nov. 29, 2023

Summons Issued as to Alaska Department of Corrections, Arnaldo Hernandez, Jen Winkelman. (PXS, COURT STAFF)

Nov. 29, 2023

Nov. 29, 2023

5

SUMMONS Returned Executed by William Gary. All Defendants. (Vidmar, Melody) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

6

NOTICE of Appearance by Christopher William Yandel on behalf of Alaska Department of Corrections, Arnaldo Hernandez, Jen Winkelman (Yandel, Christopher) (Entered: 12/26/2023)

Dec. 26, 2023

Dec. 26, 2023

6

NOTICE of Appearance by Christopher William Yandel on behalf of Alaska Department of Corrections, Arnaldo Hernandez, Jen Winkelman (Yandel, Christopher) (Entered: 12/26/2023)

Dec. 26, 2023

Dec. 26, 2023

7

Defendants' ANSWER to 1 Complaint by All Defendants.(Yandel, Christopher) (Entered: 12/26/2023)

Dec. 26, 2023

Dec. 26, 2023

8

ORDER RE INITIAL SCHEDULING & PLANNING CONFERENCE REPORT: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 21 days of service of this order. Signed by Judge Joshua M. Kindred on 12/26/2023. (SCD, COURT STAFF) (Entered: 12/26/2023)

Dec. 26, 2023

Dec. 26, 2023

8

ORDER RE INITIAL SCHEDULING & PLANNING CONFERENCE REPORT: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 21 days of service of this order. Signed by Judge Joshua M. Kindred on 12/26/2023. (SCD, COURT STAFF) (Entered: 12/26/2023)

Dec. 26, 2023

Dec. 26, 2023

9

MOTION for Extension of Time to File 26(f) Report UNOPPOSED by William Gary. (Attachments: # 1 Proposed Order Proposed Order Granting Extension of Time to File 26(f) Report)(Vidmar, Melody) (Entered: 01/08/2024)

Jan. 8, 2024

Jan. 8, 2024

9

MOTION for Extension of Time to File 26(f) Report UNOPPOSED by William Gary. (Attachments: # 1 Proposed Order Proposed Order Granting Extension of Time to File 26(f) Report)(Vidmar, Melody) (Entered: 01/08/2024)

Jan. 8, 2024

Jan. 8, 2024

10

JMK TEXT ORDER: Plaintiff William Gary's unopposed Motion for an Extension of Time filed at Docket 9 is GRANTED. The parties shall file their Rule 26(f) report by 1/31/2024. (SCD, COURT STAFF) (Entered: 01/09/2024)

Jan. 9, 2024

Jan. 9, 2024

1 - Terminate Deadlines AND Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

Jan. 9, 2024

Jan. 9, 2024

1 - Terminate Deadlines AND Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

Jan. 9, 2024

Jan. 9, 2024

11

REPORT of Rule 26(f) Planning Meeting. (Anderson, Howard) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

12

MOTION Unopposed Motion for Order and Governing the Production and Use of Confidential Materials by Alaska Department of Corrections, Arnaldo Hernandez, Jen Winkelman. (Attachments: # 1 Proposed Order)(Yandel, Christopher) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

13

SCHEDULING AND PLANNING ORDER: Amended Pleadings due by 5/6/2024. Discovery due by 9/30/2024. Dispositive Motions due by 10/14/2024. See Order for further deadlines. Signed by Judge Joshua M. Kindred on 2/1/2024. (SCD, COURT STAFF) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

13

SCHEDULING AND PLANNING ORDER: Amended Pleadings due by 5/6/2024. Discovery due by 9/30/2024. Dispositive Motions due by 10/14/2024. See Order for further deadlines. Signed by Judge Joshua M. Kindred on 2/1/2024. (SCD, COURT STAFF) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

14

ORDER granting 12 Unopposed Motion for Order and Governing the Production and Use of Confidential Materials. See Order for details. Signed by Judge Joshua M. Kindred on 2/2/2024. (SCD, COURT STAFF) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

RECAP
14

ORDER granting 12 Unopposed Motion for Order and Governing the Production and Use of Confidential Materials. See Order for details. Signed by Judge Joshua M. Kindred on 2/2/2024. (SCD, COURT STAFF) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

RECAP
15

NOTICE of Unavailability by Alaska Department of Corrections, Arnaldo Hernandez, Jen Winkelman (Yandel, Christopher) (Entered: 03/05/2024)

March 5, 2024

March 5, 2024

15

NOTICE of Unavailability by Alaska Department of Corrections, Arnaldo Hernandez, Jen Winkelman (Yandel, Christopher) (Entered: 03/05/2024)

March 5, 2024

March 5, 2024

16

JMK TEXT ORDER: In light of the parties' consent at Docket 13, this matter is hereby REFERRED to Chief Magistrate Judge Matthew M. Scoble for further proceedings. See Local Magistrate Rule 3. (JDS, COURT STAFF) (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

Order Referring Case to Magistrate Judge

March 13, 2024

March 13, 2024

Order Referring Case to Magistrate Judge

March 13, 2024

March 13, 2024

17

NOTICE of Voluntary Dismissal Without Prejudice by Stipulation by William Gary (Attachments: # 1 Proposed Order Proposed Order Dismissing Case Without Prejudice)(Vidmar, Melody) (Entered: 05/17/2024)

May 17, 2024

May 17, 2024

17

NOTICE of Voluntary Dismissal Without Prejudice by Stipulation by William Gary (Attachments: # 1 Proposed Order Proposed Order Dismissing Case Without Prejudice)(Vidmar, Melody) (Entered: 05/17/2024)

May 17, 2024

May 17, 2024

18

MMS TEXT ORDER: The Stipulation at 17 for dismissal without prejudice is effective without an order from the court pursuant to Fed. R. Civ P. 41(a)(1)(A)(ii). The Clerk is directed to close this case. (ACW, CHAMBERS STAFF) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

Order

May 21, 2024

May 21, 2024

Case Details

State / Territory:

Alaska

Case Type(s):

Prison Conditions

Criminal Justice (Other)

Jail Conditions

Speech and Religious Freedom

Key Dates

Filing Date: Nov. 15, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Muslim man in pre-trial incarceration at the Anchorage Correctional Complex in Alaska who has been denied the right to practice key tenets of his Islamic faith.

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Alaska Department of Corrections, State

Commissioner Jen Winkelman, State

Superintendent Arnaldo Hernandez, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

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):

Equal Protection

Free Exercise Clause

Other Dockets:

District of Alaska 3:23-cv-00262

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Pattern or Practice

Religious programs / policies

Discrimination Basis:

Religion discrimination