Case: Williams v. Harry

1:23-cv-00037 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Feb. 17, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged a Pennsylvania prison policy which said that faith-based religious groups could not purchase food items from outside vendors for religious feasts.  The plaintiff, a prisoner at Pennsylvania State Correctional Institution- Albion (SCIA) who proceeded in forma pauperis, filed a motion for a temporary restraining order and a preliminary injunction in the U.S. District Court for the Western District of Pennsylvania on February 17, 2023. The plaintiff sought to prevent the actin…

This case challenged a Pennsylvania prison policy which said that faith-based religious groups could not purchase food items from outside vendors for religious feasts. 

The plaintiff, a prisoner at Pennsylvania State Correctional Institution- Albion (SCIA) who proceeded in forma pauperis, filed a motion for a temporary restraining order and a preliminary injunction in the U.S. District Court for the Western District of Pennsylvania on February 17, 2023. The plaintiff sought to prevent the acting Secretary of the Pennsylvania Department of Corrections (DOC) from enforcing a policy that prohibited faith-based religious groups from purchasing food items from outside vendors for ceremonial feasts (Little Policy). As a result of the Little Policy, prisoners were required to obtain such items only through the prison’s weekly food menu. The plaintiff claimed that he would face irreparable harm from the policy, which he claimed violated the Religious Land Use Institutionalized Persons Act (RLUIPA), because it would force him to change his religious behavior during the yearly feast of Eidul-Fitr. On February 23, 2023, the plaintiff filed his complaint, in which he also asked for a declaratory judgment stating that the policy violated the First Amendment and/or the RLUIPA, compensatory damages of $100,000, and punitive damages of $300,000. 

On April 17, 2023, the court issued an order denying the plaintiff’s request for preliminary relief without prejudice. The court cited the fact that the prison had agreed to provide the plaintiff with a halal meal for the feast of Eidul-Fitr. The court further asked the defendant to compile an inventory of then-active litigation challenging the Little Policy. The court asked the parties to join a telephone conference to identify a plan or alternative plans to address the claims and defenses as to the policy in this action and other related actions. 

On May 3, 2023, the defendant filed a motion to dismiss for failure to state a claim. On June 23, 2023, the court denied that motion. The court also granted the plaintiff’s preliminary injunction, but it made clear that it was affording narrow relief. Under the court’s order, the defendant was required to reinstate the status quo that existed in calendar year 2022 for the observance of the Eid holidays at SCIA, specifically for the plaintiff. The preliminary injunction was narrowly focused on the Eid al-Fitr and Eid al-Adha holidays at SCIA and a return to the status quo before the policy was instituted in 2023. The court explained that the plaintiff demonstrated a substantial likelihood of success on his RLUPIA claim because the Little Policy likely placed a substantial burden on his religious exercise by forcing him to choose between violating his religious beliefs or forgoing participation in the Eid feasts. The court found it significant that the DOC had a 2023 Passover policy, which allowed Jewish inmates to receive “Kosher for Passover” foods that were not on the regular menu. Furthermore, the court concluded that depriving the plaintiff of his right to freely exercise religion was irreparable harm under the RLUIPA, and it found that granting the limited preliminary injunction was unlikely to cause significant harm to others or the public interest. 

On June 30, 2023, the case was designated for placement into the district court’s alternative dispute resolution program.

On November 9, 2023, the plaintiff filed an amended complaint. The plaintiff added as defendants, in their official capacities, the Secretary of Corrections and the Administrator for Religion and Volunteer Services at the DOC. The claim, however, did not change from the initial complaint. 

On February 1, 2024, both parties moved for summary judgment. The plaintiff’s motion addressed the DOC’s “Shelf Stable Policy,” which was issued after the court ordered the preliminary injunction concerning the Little Policy. The Shelf Stable policy limited qualifying faith groups to two designated religious meals per calendar year, and it provided that faith groups could choose a meal from the regular weekly food menu and place a group order for one identical inmate-purchased shelf stable food item to supplement each religious meal. The policy also said that only inmates with sufficient funds in their accounts could participate in the orders– inmates could not pay for other inmates’ orders. The DOC considered the policy an alternative means for inmates like the plaintiff to consume halal meat for Eid holidays by purchasing a shield-stable halal meat supplement. The plaintiff claimed that this policy also violated the RLUIPA and the First Amendment because his Eid meals required “fresh” halal meat, which no shelf-stable product could satisfy. He also argued that the policy prevented him from fulfilling the Islamic principle of charitable giving by not allowing him to pay for meals for other inmates or share his food. 

On July 26, 2024, the court granted both motions in part and denied both motions in part. As to the plaintiff’s motion, the court permanently enjoined enforcement of the policy at SCIA, finding that it violated the RLUIPA. However, the court denied the plaintiff’s motion as to his claim that the Shelf Stable Policy violated the RLUIPA and the first Amendment. As to the defendant’s motion, the court found that the RLUIPA did not permit claims for money damages against any Defendant and sovereign immunity barred claims for money damages against the DOC Secretary and the DOC Administrator for Religion and Volunteer Services. The court granted summary judgment to all defendants as to the plaintiff’s claim that the Little Policy violated the first amendment. The court also granted summary judgment to all defendants as to (i) the plaintiff’s claim that the Shelf Stable Policy violated the first amendment and (ii) the charitable giving aspect of the plaintiff’s claim that the Shelf Stable Policy violated the RLUIPA. The court denied the defendant’s motion with respect to the plaintiff’s claim that the Shelf Stable Policy violated the RLUIPA because it did not allow him to acquire “fresh” halal meat. 

The case was scheduled for a bench trial, but on January 21, 2025, the defendants filed a praecipe to settle and discontinue. The court accepted the most recent status report from the parties on April 11, 2025, and the case is ongoing as of April 17, 2025.

 

 

Summary Authors

Connor Mulvena (4/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66828240/parties/williams-v-harry/


Judge(s)

Hornak, Mark Raymond (Pennsylvania)

Attorney for Plaintiff

Morgan-Kurtz, Alexandra T. (Pennsylvania)

Attorney for Defendant

Simkin, Sarah J. (Pennsylvania)

Trovinger, Abby N. (Pennsylvania)

Warshafsky, Yana L. (Pennsylvania)

show all people

Documents in the Clearinghouse

Document
3

1:23-cv-00037

Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction Order

Williams v. Little

Feb. 17, 2023

Feb. 17, 2023

Pleading / Motion / Brief
6

1:23-cv-00037

Complaint for Violation of Civil Rights

Williams v. Little

Feb. 22, 2023

Feb. 22, 2023

Complaint
46

1:23-cv-00037

Opinion

Williams v. Little

June 23, 2023

June 23, 2023

Order/Opinion

2023 WL 4144567

74

1:23-cv-00037

Amended Complaint

Nov. 9, 2023

Nov. 9, 2023

Complaint
74

1:23-cv-00037

Amended Complaint

Nov. 9, 2023

Nov. 9, 2023

Complaint
137

1:23-cv-00037

Opinion

July 26, 2024

July 26, 2024

Order/Opinion
138

1:23-cv-00037

Order

July 26, 2024

July 26, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66828240/williams-v-harry/

Last updated May 10, 2025, 2:49 a.m.

ECF Number Description Date Link Date / Link

Magistrate Judge Lisa Pupo Lenihan presiding. Magistrate Judge Richard A. Lanzillo no longer assigned to case. (jma)

Feb. 17, 2023

Feb. 17, 2023

PACER
1

MOTION for Leave to Proceed in forma pauperis by CRAIG WILLIAMS. (Attachments: # 1 Authorization by Prisoner, # 2 Complaint lodged pending disposition of IFP Motion, # 3 Exhibit A, # 4 Exhibit B, # 5 Motion/Brief in Support of TRO and Preliminary Injunction, # 6 Declaration in Support of TRO, # 7 Envelope) (jma) Modified text on 2/22/2023 to remove attached 5 and 6 from view, re-docketed at 3 Motion for TRO. (jma) (Entered: 02/21/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
2

Prisoner Trust Fund Account Statement by CRAIG WILLIAMS. (Attachments: # 1 Envelope) (jma) (Main Document 2 replaced on 2/22/2023) (ept). (Entered: 02/21/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
3

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction with by CRAIG WILLIAMS. (Attachments: # 1 Declaration, # 2 Envelope) (jma). Added MOTION for Preliminary Injunction on 2/22/2023 (kss) (Entered: 02/22/2023)

Feb. 17, 2023

Feb. 17, 2023

Clearinghouse

W/ 3 BRIEF in Support re 3 Motion for TRO, Motion for Preliminary Injunction filed by CRAIG WILLIAMS. (kss)

Feb. 17, 2023

Feb. 17, 2023

PACER

Order on Motion for Leave to Proceed In Forma Pauperis

Feb. 22, 2023

Feb. 22, 2023

PACER

Chief Judge Mark R. Hornak presiding. Magistrate Judge Lisa Pupo Lenihan referred. (jma) Modified text on 2/22/2023. (sms)

Feb. 22, 2023

Feb. 22, 2023

PACER
4

ORDER GRANTING 1 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge Mark R. Hornak on 2/22/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
6

COMPLAINT against GEORGE LITTLE filed by CRAIG WILLIAMS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Envelope) (jma) (Entered: 02/23/2023)

Feb. 22, 2023

Feb. 22, 2023

Clearinghouse
7

Authorization permitting withdrawal of prison account funds to pay filing fee by CRAIG WILLIAMS. (Attachments: # 1 Envelope) (jma) (Entered: 02/23/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
5

SUPPLEMENTAL ORDER re 4 Order on Motion for Leave to Proceed in forma pauperis. The filing fee is $350.00 and Plaintiff, having been granted leave to prosecute in forma pauperis, and pursuant to the Prison Litigation Reform Act, the Superintendent/Warden of the institution where this inmate is incarcerated is directed to remit from the prisoner's account, in monthly installments, the full $350.00 fee. This Order is binding on the superintendent/warden of any jail or correctional facility where Plaintiff is incarcerated until the filing fee is paid in full in accordance with the provisions of 28 U.S.C. § 1915(b)(1). The Clerk of Court shall enclose with this Order an authorization form which Plaintiff shall complete and return to the Court within TEN (10) DAYS of entry of this Order. This action may be dismissed for failure to prosecute if Plaintiff fails to return the authorization form. The Clerk of Court shall mail a copy of this Order to the Inmate Account Officer at Plaintiffs place of confinement if and once Plaintiff has returned his authorization form. The Clerk of Court is directed to docket the Complaint and any attachments thereto. Signed by Magistrate Judge Lisa Pupo Lenihan on February 23, 2023. (Attachments: # 1 Exhibit Authorization Form) (kcb) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

RECAP

Order

Feb. 23, 2023

Feb. 23, 2023

PACER
8

ORDER. The Clerk of this Court is hereby ORDERED to forthwith transmit by electronic means the relevant docket papers and the docket in this action to an attorney in charge of the Office of the Attorney General of Pennsylvania in the District, and to place a notice of such transmittal on the docket of this action. Signed by Chief Judge Mark R. Hornak on 2/23/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
9

Remark: On this date, a copy of the Order at ECF No. 8 was forwarded to Scott Bradley by the Court's Deputy. Said email also included an attachment of the documents referenced in said Order. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
10

Authorization permitting withdrawal of prison account funds to pay filing fee by CRAIG WILLIAMS. (Attachments: # 1 Envelope) (jma) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
11

Prisoner Trust Fund Account Statement by CRAIG WILLIAMS. (Attachments: # 1 Exhibit, # 2 Envelope) (jma) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
12

NOTICE of Appearance by Alexandra T. Morgan-Kurtz on behalf of CRAIG WILLIAMS. (Morgan-Kurtz, Alexandra) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER

~Util - Set Hearings AND Order

March 30, 2023

March 30, 2023

PACER
13

SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 4/3/23 at 1:30 PM before Chief Judge Mark R. Hornak. The Court directs that Scott Bradley of the Office of the Attorney General participate in said conference. The information required to participate will be circulated via e-mail. Signed by Chief Judge Mark R. Hornak on 3/30/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
14

Remark: On this date, the Court's Deputy provided Attorney Bradley a copy of the Order at ECF No. 13, as well as the dial-in information for the referenced conference. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
15

NOTICE of Appearance by Evangeline Wright on behalf of CRAIG WILLIAMS. (Wright, Evangeline) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
16

Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 4/3/23. (Court Reporter: Deborah Betzler) (jad) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER

~Util - Set Deadlines/Hearings AND Order

April 3, 2023

April 3, 2023

PACER
17

ORDER Regarding Supplemental Filings. Counsel for the Plaintiff shall file a proposed Case Management Plan and any Supplemental Papers in support of provisional remedies pursuant to Fed. R. Civ. P. 65 or otherwise on or before April 7, 2023. Counsel for the Plaintiff shall also confer with counsel for the Department of Corrections regarding any appearance of the Plaintiff at any proceeding, likely via video conference. Mr. Bradley of the PA Office of Attorney General will discern which counsel will represent the Department of Corrections in this proceeding and arrange for them to enter an appearance promptly. A Telephonic Status Conference is hereby SCHEDULED for April 10, 2023, at 3:00 PM. The Court will circulate a dial-in number for such conference. Signed by Chief Judge Mark R. Hornak on 4/3/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
18

BRIEF in Support re 3 Motion for TRO, Motion for Preliminary Injunction filed by CRAIG WILLIAMS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Morgan-Kurtz, Alexandra) (Entered: 04/06/2023)

April 6, 2023

April 6, 2023

PACER
19

Proposed Case Management Order by CRAIG WILLIAMS. (Morgan-Kurtz, Alexandra) (Entered: 04/06/2023)

April 6, 2023

April 6, 2023

PACER
20

NOTICE of Appearance by Yana L. Warshafsky on behalf of GEORGE LITTLE. (Warshafsky, Yana) (Entered: 04/07/2023)

April 7, 2023

April 7, 2023

PACER
21

NOTICE of Appearance by Abby N. Trovinger on behalf of GEORGE LITTLE. (Trovinger, Abby) (Entered: 04/10/2023)

April 10, 2023

April 10, 2023

PACER
22

Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 4/10/23. (Court Reporter: Deborah Betzler) (jad) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER

~Util - Set Hearings

April 11, 2023

April 11, 2023

PACER

ORDER. The Defendant's Response to the Motion for Preliminary Injunction at ECF No. 3 is due on or before Friday, April 14, 2023, at 2:00 PM. It is further ORDERED that a Telephonic Status Conference is hereby SCHEDULED for Monday, April 17, 2023, at 11:30 AM before Chief Judge Mark R. Hornak. The information required to participate will be circulated via e-mail. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)

April 11, 2023

April 11, 2023

PACER
23

Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 4/10/23. (Court Reporter: Deborah Betzler) (jad) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER
24

BRIEF in Opposition re 3 Motion for TRO, Motion for Preliminary Injunction filed by LAUREL R. HARRY, GEORGE LITTLE. (Attachments: # 1 Exhibit A- Declaration of Klemm) (Trovinger, Abby) (Entered: 04/14/2023)

April 14, 2023

April 14, 2023

PACER
25

WAIVER OF SERVICE Returned Executed by LAUREL R. HARRY, GEORGE LITTLE. LAUREL R. HARRY, GEORGE LITTLE served 04/13/2023, answer due 06/12/2023. (Trovinger, Abby) Modified text on 4/14/2023 to add answer due date. (Entered: 04/14/2023)

April 14, 2023

April 14, 2023

PACER

Update Answer Deadline: Answer due from CRAIG WILLIAMS on 6/12/2023. Answer due from GEORGE LITTLE on 06/12/2023. (jma)

April 14, 2023

April 14, 2023

PACER
26

Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 4/17/23. (Court Reporter: Jane Proud) (bdb) (Entered: 04/17/2023)

April 17, 2023

April 17, 2023

PACER

Order

April 17, 2023

April 17, 2023

PACER

Order AND ~Util - Set Hearings

April 17, 2023

April 17, 2023

PACER
27

SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 4/24/23 at 2:00 PM before Chief Judge Mark R. Hornak. Counsel shall utilize the same dial-in info that was used for the conference held on this date. Signed by Chief Judge Mark R. Hornak on 4/17/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/17/2023)

April 17, 2023

April 17, 2023

PACER
28

ORDER DENYING PRELIMINARY RELIEF WITHOUT PREJUDICE AND DIRECTING FURTHER ACTIONS. For the reasons stated on the record in the Telephonic Status Conference with counsel on April 17, 2023, and in light of the fact that the Department of Corrections, through appropriate staff, will contact the Plaintiff to provide him with the option of a halal conforming meal for this upcoming April 20-April 21 holiday, Eid al-Fitr, the Motion for Preliminary Injunction at ECF No. 3 is DENIED WITHOUT PREJUDICE as it relates to this upcoming April 20-April 21 Eid al-Fitr holiday. Counsel for the Secretary of the Department of Corrections is to compile an inventory of the litigation currently filed that challenges the February 24, 2022, policy ("the Little Memorandum") that went into effect January 1, 2023 at issue in this action. Counsel for the Secretary and Counsel for the Plaintiff are to confer prior to the Telephonic Status Conference to be held on Monday April 24, 2023, to identify a plan or alternative plans to address the claims and defenses as to the Little Memorandum and involved in this and in those other pending matters in an appropriate manner. Signed by Chief Judge Mark R. Hornak on 4/17/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/17/2023)

April 17, 2023

April 17, 2023

PACER
29

Partial Payment of Filing Fee by CRAIG WILLIAMS. Fee $40.69, receipt number 200003534. (gmw) (Entered: 04/20/2023)

April 18, 2023

April 18, 2023

PACER
30

NOTICE OF OTHER CASES by LAUREL R. HARRY, GEORGE LITTLE (Trovinger, Abby) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
31

Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 4/24/23. (Court Reporter: Deb Betzler) (bdb) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

PACER

Order

April 24, 2023

April 24, 2023

PACER
32

ORDER DIRECTING THE FILING OF CERTAIN DOCUMENTS. On or before Wednesday, April 26, 2023, at 4:00 PM, the parties shall confer and file a Proposed Preliminary Case Management Order which includes the terms for filing deadlines for any Rule 12 disclosures and descriptions of any discovery to be taken along with how and when that discovery will occur, and all other dates relative to the disposition of the pending motion for preliminary injunction. The parties shall also include in the Proposed Preliminary Case Management Order their statements of position on the First Filed Rule and the case currently pending in the Middle District of Pennsylvania, Kebede v. Little, 1:23-cv-00280. Signed by Chief Judge Mark R. Hornak on 04/24/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

PACER
33

Proposed Case Management Order by CRAIG WILLIAMS. Re-docketed at 34 Errata correcting signature. (Wright, Evangeline) Modified text on 4/27/2023 to remove document from view. (jma) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 33 Proposed Case Management Order. ERROR: Filer did not sign document. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (jma)

April 27, 2023

April 27, 2023

PACER
34

Errata re 33 Proposed Case Management Order by CRAIG WILLIAMS. Reason for Correction: filer signature. (Wright, Evangeline) (Entered: 04/27/2023)

April 27, 2023

April 27, 2023

PACER
35

INITIAL CASE MANAGEMENT ORDER RELATIVE TO PRELIMINARY INJUNCTION MATTERS. Plaintiff will serve limited written discovery requests regarding administration of the Little Memo and facts contained within Rev. Klemm's declaration filed in support of Defendants' opposition to Plaintiff's Motion for Preliminary Injunction (ECF No. [24-1]) by May 1, 2023; Defendants will file any Motion to Dismiss pursuant to Fed. R. Civ. Pro. 12 by May 5, 2023; by May 19, 2023, Defendants will produce written discovery responses and deposition(s) related to Plaintiff's 30(b)(6) notice previously served on Defendants will be conducted via Zoom; Plaintiff's Consolidated Response to Defendants' anticipated Motion to Dismiss and Supplementation/Reply to his Motion for Preliminary Injunction will be filed by June 2, 2023; if a hearing is required, the hearing will take place on June 12, 2023, with Plaintiff appearing via video conferencing; Telephonic Status Conference is SCHEDULED for 5/31/23 at 3:30 PM before Chief Judge Mark R. Hornak. The information required to participate will be circulated via e-mail. Signed by Chief Judge Mark R. Hornak on 4/28/23. (jad) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
36

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re 6 Complaint by LAUREL R. HARRY, GEORGE LITTLE. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Trovinger, Abby) Modified text on 5/3/2023 to add document linkage. (jma) (Entered: 05/03/2023)

May 3, 2023

May 3, 2023

PACER
37

BRIEF in Support re 36 Motion to Dismiss for Failure to State a Claim filed by LAUREL R. HARRY, GEORGE LITTLE. (Trovinger, Abby) (Entered: 05/03/2023)

May 3, 2023

May 3, 2023

PACER
38

Partial Payment of Filing Fee by CRAIG WILLIAMS. Fee $21.60, receipt number 200003882. (gmw) (Entered: 05/12/2023)

May 10, 2023

May 10, 2023

PACER
39

Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 5/31/23. (Court Reporter: Deborah Betzler) (jad) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER

Order

May 31, 2023

May 31, 2023

PACER
40

ORDER. It is hereby ORDERED that all parties are hereby authorized to file discovery materials in this matter. Signed by Chief Judge Mark R. Hornak on 5/31/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
41

ORDER. Defendants' Reply in Support of the Motion to Dismiss 36 coupled with Defendants' Response to the Supplement of the Preliminary Injunction Motion is due on or before June 14, 2023, at 4:00 PM. Pending further Order of the Court, this matter will be deemed submitted following the aforementioned filings by the Defendants. Signed by Chief Judge Mark R. Hornak on 5/31/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
42

BRIEF in Support re 3 Motion for TRO, Motion for Preliminary Injunction filed by CRAIG WILLIAMS. (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K) (Morgan-Kurtz, Alexandra) Modified text on 6/6/2023. (kss) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER

W/ 42 BRIEF in Opposition re 36 Motion to Dismiss for Failure to State a Claim, filed by CRAIG WILLIAMS. (kss)

June 2, 2023

June 2, 2023

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 42 Brief in Support of Motion. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed BRIEF in Opposition re 36 Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. (kss)

June 6, 2023

June 6, 2023

PACER
43

REPLY to Plaintiff's w/ 41 Response to Motion to Dismiss and Supplementation of Preliminary Injunction Motion to 41 Order, filed by LAUREL R. HARRY, GEORGE LITTLE. (Attachments: # 1 Exhibit) (Warshafsky, Yana) Modified text on 6/21/2023 to add document linkage. (ept) (Entered: 06/14/2023)

June 14, 2023

June 14, 2023

PACER
44

SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 6/23/23 at 1:30 PM before Chief Judge Mark R. Hornak. The information required to participate will be circulated via e-mail. Signed by Chief Judge Mark R. Hornak on 6/22/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

PACER

Order AND ~Util - Set Hearings

June 22, 2023

June 22, 2023

PACER

Order

June 22, 2023

June 22, 2023

PACER
45

ORDER Regarding Plaintiff's Motion for Preliminary Injunction and Defendants' Motion to Dismiss, and Directing Certain Actions. Counsel is advised that the Court intends to issue within the next 24 hours an Opinion and Order granting in part the Plaintiff's Motion for a Preliminary Injunction and denying the Defendants' Motion to Dismiss (without prejudice). This Order is being issued given the tight timelines involved in this case, and because the tenor of the relief granted will include the restoration of the status quo as it existed in 2022 as to the observance by the Plaintiff of the Eid holidays via specific meals and observances. The Court has set a telephone status conference with counsel for 1:30 p.m. Friday June 23, 2023 to consider among other things, implementation matters, and security (bond) relative to the relief to be entered. Counsel shall confer ahead of such conference, armed with the notice provided by this Order, and be prepared to discuss those and any other relevant topics during such status conference. Signed by Chief Judge Mark R. Hornak on 06/22/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

PACER
46

OPINION. Signed by Chief Judge Mark R. Hornak on 6/23/23. (bdb) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

Clearinghouse

Order

June 23, 2023

June 23, 2023

PACER
47

ORDER. For the reasons set forth in the Court's 46 Opinion of this date, the Defendants' 36 Motion to Dismiss is DENIED without prejudice, and the Plaintiff's 3 Motion for Preliminary Injunction is GRANTED, but only to the extent set forth in the Courts Opinion and Order of this date. Signed by Chief Judge Mark R. Hornak on 6/23/23. (bdb) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
48

ORDER Setting Security for Preliminary Injunction. After consultation with counsel for all parties, and there being no objection thereto, and pursuant to the provisions of Fed. R. Civ. P. 65(c), the Court sets the amount of security to be posted by the Plaintiff in reference to the Court's Preliminary Injunction Order 47 at $150.00, to be lodged with the Clerk of this Court in a manner consistent with law. The Court concludes that security in this amount is appropriate in the circumstances, considering the principles set forth in Temple Univ. v. White, 941, F. 2d 201 (3d Cir. 1991), the Court further specifically concluding that security in a greater amount would work a tangible and avoidable hardship upon the Plaintiff and the exercise of his federally-secured rights. Scanvec Amiable Limited v. Chang, 80 F. App'x. 171 (3d Cir. 2003). Signed by Chief Judge Mark R. Hornak on 06/23/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
49

Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 6/23/23. (Court Reporter: Deborah Betzler) (jad) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
50

ORDER. It is hereby ORDERED that the referral of Magistrate Judge Lisa Pupo Lenihan in this matter is hereby TERMINATED. Signed by Chief Judge Mark R. Hornak on 6/28/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 06/28/2023)

June 28, 2023

June 28, 2023

PACER

Order

June 28, 2023

June 28, 2023

PACER

Magistrate Judge Lisa Pupo Lenihan no longer assigned to case. (bdb)

June 28, 2023

June 28, 2023

PACER
51

Proposed Order by CRAIG WILLIAMS. (Wright, Evangeline) (Entered: 06/28/2023)

June 28, 2023

June 28, 2023

PACER
52

ORDER AMENDING ORDER REGARDING SECURITY. The Order at 48 regarding security for the Preliminary Injunction is AMENDED to provide as follows: "To the extent security is presented to the Clerk of the Court as cash, check or money order, the funds will be deposited into the local Court Registry and will be held there pending further Order of the Court". In all other respects, the Order at 48 remains in full force and effect. Signed by Chief Judge Mark R. Hornak on 06/28/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 06/28/2023)

June 28, 2023

June 28, 2023

PACER
61

Security BOND in the amount of $150.00, Receipt Number 200004535, posted by CRAIG WILLIAMS. (sms) (Entered: 07/31/2023)

June 28, 2023

June 28, 2023

PACER
53

ORDER. Pursuant to the stipulation of the Parties the Court enters the Order, as set forth herein, regarding implementation of the Court's Order granting Plaintiff's 47 Motion for Preliminary Injunction. Signed by Chief Judge Mark R. Hornak on 6/29/23. (bdb) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

PACER
54

NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (bdb) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER

Order AND ~Util - Set Deadlines

June 30, 2023

June 30, 2023

PACER
55

STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 6/30/23. (bdb) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
56

AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (bdb) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
57

ORDER. Counsel for the Defendants shall file their Answer to 6 Complaint Within thirty (30) days of the date of this Order. Signed by Chief Judge Mark R. Hornak on 6/30/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
58

Partial Payment of Filing Fee by CRAIG WILLIAMS. Fee $21.60, receipt number 200004862. (jkn) (Entered: 07/20/2023)

July 19, 2023

July 19, 2023

PACER
59

MOTION for Extension of Time to File Answer by LAUREL R. HARRY, GEORGE LITTLE. (Attachments: # 1 Proposed Order) (Trovinger, Abby) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

PACER

Order on Motion for Extension of Time to File Answer

July 27, 2023

July 27, 2023

PACER
60

ORDER GRANTING 59 Motion for Extension of Time to Answer. It is hereby ORDERED that Defendants' shall file their Answer to the Complaint within thirty (30) days of the date of this Order. Signed by Chief Judge Mark R. Hornak on 7/27/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

PACER
62

Partial Payment of Filing Fee by CRAIG WILLIAMS. Fee $10.40, receipt number 200005168. (sms) (Entered: 08/23/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
63

ANSWER to 6 Complaint by LAUREL R. HARRY, GEORGE LITTLE. (Trovinger, Abby) (Entered: 08/24/2023)

Aug. 24, 2023

Aug. 24, 2023

PACER

Order

Aug. 24, 2023

Aug. 24, 2023

PACER
64

ORDER. It is hereby ORDERED that within twenty-one (21) days of this date of this Order, counsel shall confer and submit to the Court the following documents: (a) A written report required by Fed.R.Civ.P. 26(f), in the applicable format as set forth in the Appendices to the Local Rules; and, (b) A stipulation selecting an ADR process (pursuant to Local Rule 16.2) (current form). Signed by Chief Judge Mark R. Hornak on 8/24/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 08/24/2023)

Aug. 24, 2023

Aug. 24, 2023

PACER
65

REPORT of Rule 26(f) Planning Meeting. (Trovinger, Abby) (Entered: 09/14/2023)

Sept. 14, 2023

Sept. 14, 2023

PACER
66

ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. A Telephonic Initial Case Management Conference is hereby SCHEDULED for 9/28/23 at 3:00 PM before Chief Judge Mark R. Hornak. Please refer to 56 AT&T Scheduling Notice and use dial-in no. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 9/20/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 09/20/2023)

Sept. 20, 2023

Sept. 20, 2023

PACER

Order AND ~Util - Set Hearings

Sept. 20, 2023

Sept. 20, 2023

PACER
67

Partial Payment of Filing Fee by CRAIG WILLIAMS. Fee $41.10, receipt number 200005817. (sms) (Entered: 09/28/2023)

Sept. 20, 2023

Sept. 20, 2023

PACER
68

Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Initial Case Management Conference held on 9/28/23. (Court Reporter: Jane Proud) (jad) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

PACER
69

INITIAL CASE MANAGEMENT ORDER. Disclosures pursuant to Fed.R.Civ.P 26(a) shall be made on or before 10/19/23; Additional parties shall be joined by 11/1/23; Amended Pleadings due by 11/1/23; Fact discovery due by 1/30/24. Expert report(s) shall be produced on or before 3/30/24; Expert depositions by 5/30/24; A Telephonic Status Conference is hereby SCHEDULED for 11/16/23 at 11:30 AM. Please refer to 56 AT&T Scheduling Notice and use dial-in no. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 9/29/23. (bdb) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

PACER
70

ORDER IMPLEMENTING FEDERAL RULE OF EVIDENCE 502(d). Signed by Chief Judge Mark R. Hornak on 9/29/23. (bdb) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

PACER
71

MOTION for Extension of Time to Amend by CRAIG WILLIAMS. (Attachments: # 1 Proposed Order) (Wright, Evangeline) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER

Order on Motion for Extension of Time to Amend

Oct. 26, 2023

Oct. 26, 2023

PACER
72

ORDER GRANTING 71 Motion for Extension of Time. It is hereby ORDERED that the deadline to join additional parties and amend pleadings is extended by fourteen days or until 11/15/23. Signed by Chief Judge Mark R. Hornak on 10/26/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER
74

First AMENDED COMPLAINT against LAUREL R. HARRY, REV. ULRICH KLEMM, filed by CRAIG WILLIAMS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Wright, Evangeline) Modified text on 11/15/2023. (rtm) (Entered: 11/09/2023)

Nov. 9, 2023

Nov. 9, 2023

Clearinghouse

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Speech and Religious Freedom

Key Dates

Filing Date: Feb. 17, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a Muslim prisoner at Pennsylvania State Correctional Institution - Albion.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Pennsylvania Institutional Law Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pennsylvania, 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):

Free Exercise Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Conditions of confinement

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Religion discrimination

Affected Religion(s):

Islam