Case: Helbrans v. Coombe

1:94-cv-08662 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 1, 1994

Closed Date: 1995

Clearinghouse coding complete

Case Summary

On December 1, 1994, an inmate at the Rikers Island Correctional Facility in New York filed a lawsuit under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000b, against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiff, an Orthodox Hasidic Jew, alleged that his constitutional rights had been violated by the prison system's regulations regarding the removal of facial hair, which were in contention with his re…

On December 1, 1994, an inmate at the Rikers Island Correctional Facility in New York filed a lawsuit under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000b, against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiff, an Orthodox Hasidic Jew, alleged that his constitutional rights had been violated by the prison system's regulations regarding the removal of facial hair, which were in contention with his religious beliefs.

On January 9, 1995, the parties settled the case, and the state agreed not to force the prisoner to remove his facial hair and not to discipline the inmate for refusing to shave. The plaintiff asked the court to award him attorneys fees. On May 19, 1995, the U.S. District Court for the Southern District of New York (Judge Harold Baer, Jr.) granted the motion for attorneys fees in the amount of $55,540.36 and closed the case. Helbrans v. Coombe, 890 F.Supp. 227 (S.D.N.Y. 1995).

Summary Authors

Kristen Sagar (10/31/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/9923151/parties/helbrans-v-comm-of-corr-serv/


Judge(s)

Baer, Harold Jr. (New York)

Attorneys(s) for Plaintiff

Gravante, Nicholas (New York)

Shargel, Gerald (New York)

Attorneys(s) for Defendant

Singleton, Valerie (New York)

Judge(s)

Baer, Harold Jr. (New York)

Attorneys(s) for Plaintiff

Gravante, Nicholas (New York)

Shargel, Gerald (New York)

Attorneys(s) for Defendant

Singleton, Valerie (New York)

Documents in the Clearinghouse

Document

1:94-cv-08662

Docket (PACER)

Helbrans v. Comm. Of Corr. Serv.

Sept. 13, 1995

Sept. 13, 1995

Docket
27

1:94-cv-08662

Opinion and Order

890 F.Supp. 227

May 19, 1995

May 19, 1995

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9923151/helbrans-v-comm-of-corr-serv/

Last updated Aug. 13, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
6

MEMORANDUM by Shlomo Helbrans in support of [3-1] motion for preliminary injunction against defts etc. (sc) (Entered: 12/01/1994)

Dec. 1, 1994

Dec. 1, 1994

PACER
5

AFFIDAVIT in support of Gerald Shargel by Shlomo Helbrans Re: [3-1] motion for preliminary injunction against defts etc. (sc) (Entered: 12/01/1994)

Dec. 1, 1994

Dec. 1, 1994

PACER
4

AFFIDAVIT in support of Leib Waldman by Shlomo Helbrans Re: [3-1] motion for preliminary injunction against defts etc. (sc) (Entered: 12/01/1994)

Dec. 1, 1994

Dec. 1, 1994

PACER
3

ORDER TO SHOW CAUSE by Shlomo Helbrans Show Cause Hearing set for 12/7/94 for preliminary injunction against defts etc. ( signed by Judge Robert W. Sweet ); Copies mailed. (sc) (Entered: 12/01/1994)

Dec. 1, 1994

Dec. 1, 1994

PACER
2

Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Purs. to statement, it is suggested that the case be classified as unknown. Case is designated to Magistrate Judge Dolinger. (sc) (Entered: 12/01/1994)

Dec. 1, 1994

Dec. 1, 1994

PACER
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120 RECEIPT # 228198 (sc) (Entered: 12/01/1994)

Dec. 1, 1994

Dec. 1, 1994

PACER
10

Affidavit of service of Letter dtd. 12/1/94, Civil Cover Sheet, Order to Show Cause, Affdvts & Memo in Support as to Com. of Corr. N.Y.C. by Mr. Gilbert Jamison on 12/1/94 (mk) (Entered: 12/09/1994)

Dec. 2, 1994

Dec. 2, 1994

PACER
9

Affidavit of service of Lettr dtd. 12/1/94, Civil Cover Sheet; Order to Show Cause, Cmplt, Affdvts & Memo in Supporti as to NYS Dept of Corrections by Tina Drescher on 12/1/94 (mk) (Entered: 12/09/1994)

Dec. 2, 1994

Dec. 2, 1994

PACER
11

STIPULATION and ORDER, Motion hearing 9:30 12/15/94 for [3-1] motion for preliminary injunction against defts etc., pending the hearing the temporary restraining order signed by Judge Robert W. Sweet on 11/30/94 is extended, except that defts may take steps to transfer pltff to State custody, without prejudice to pltff's agruments concerning the administrative segregation provisions of Dept. Directive #4914, that, if pltff is transferred to State custody prior to the date of hearing, the pltff will be placed in Downstate C.F...pltff's hair & beard will not be cut or otherwise removed...pltff's right to observe his religious practices will be reasonably accomodated, defts' papers, if any, in opposition to pltff's motion for a preliminary injuction to be served by 12/14/94 @10:00, pltff's reply papers, if any, to be served by 12/15/94 @9:30. ( signed by Judge Harold Baer Jr. ). (lam) (Entered: 12/15/1994)

Dec. 8, 1994

Dec. 8, 1994

PACER
8

AUTHORITIES CITIED IN PLTFF'S SUPPLEMENTAL MEMO OF LAW IN SUPPORT OF APPLICATION FOR PRELIMINARY INJUNCTION (mk) (Entered: 12/09/1994)

Dec. 9, 1994

Dec. 9, 1994

PACER
7

SUPPLEMENTAL MEMORANDUM by Shlomo Helbrans in support of [3-1] motion for preliminary injunction against defts etc. (mk) (Entered: 12/09/1994)

Dec. 9, 1994

Dec. 9, 1994

PACER
15

Fld. WRIT AD TESTIFICANDUM to the Warden of Rikers Island, NIC Facility: to produce the body of Schlomo Helbrans, Inmate #1119400731, at the U.S. Courthouse, Foley Square, NY, NY befor Hon. Harold Baer, U.S. Dist. Judge, on 12/15/94 at 9:30 (mk) (Entered: 12/19/1994)

Dec. 12, 1994

Dec. 12, 1994

PACER
12

AMENDED COMPLAINT by Shlomo Helbrans, (Answer due 12/25/94 for Com. of Corr. N.Y.C., for Ward. of Rikers Isl., for Comm. of Corr. Serv. ) amending [1-1] complaint ; Summons issued. (lam) (Entered: 12/16/1994)

Dec. 12, 1994

Dec. 12, 1994

PACER

Motion hearing held re: [3-1] motion for preliminary injunction against defts etc. (mk)

Dec. 15, 1994

Dec. 15, 1994

PACER
14

AFFIDAVIT in further SUPPORT of Alexandra C. Kambouris, an atty by Shlomo Helbrans Re: [3-1] motion for preliminary against defts etc. (lam) (Entered: 12/16/1994)

Dec. 15, 1994

Dec. 15, 1994

PACER
13

REPLY MEMORANDUM by Shlomo Helbrans in further SUPPORT of [3-1] motion for preliminary injunction against defts etc. (lam) (Entered: 12/16/1994)

Dec. 15, 1994

Dec. 15, 1994

PACER

Pre-trial conference held before Judge Baer (ls)

Dec. 19, 1994

Dec. 19, 1994

PACER
16

ORDER, State defendant's expert and counsel are permitted to be present when plaintiff's expert photgraphs Rabbi Shlomo Helbrans at Rikers Island, on Wednesday, December 21, 1994, at approximately 9:00 a.m. ( signed by Judge Harold Baer Jr. ); Copies mailed (jr) (Entered: 01/03/1995)

Dec. 20, 1994

Dec. 20, 1994

PACER

Pre-trial conference held (rag)

Dec. 28, 1994

Dec. 28, 1994

PACER
17

STIPULATION and ORDER, that all claims in the complaint, excluding claims for costs & atty fees, are hereby settled... ( signed by Judge Harold Baer Jr. ). (lam) (Entered: 01/11/1995)

Jan. 9, 1995

Jan. 9, 1995

PACER
18

Transcript of record of proceedings filed for dates of 12/15/94 (rag) (Entered: 02/07/1995)

Feb. 7, 1995

Feb. 7, 1995

PACER
22

AFFIDAVIT in support of Gerald L. Shargel by Shlomo Helbrans Re: [19-1] motion for attorney fees (djc) (Entered: 02/27/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER
21

MEMORANDUM by Shlomo Helbrans in support of [19-1] motion for attorney fees (djc) (Entered: 02/27/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER
20

AFFIDAVIT in support of Nicholas A. Gravante by Shlomo Helbrans Re: [19-1] motion for attorney fees (djc) (Entered: 02/27/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER
19

NOTICE OF MOTION by Shlomo Helbrans for attorney fees, Return date 2/9/95 (djc) (Entered: 02/27/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER
24

MEMORANDUM by Comm. of Corr. Serv. in opposition to [19-1] motion for attorney fees (cd) (Entered: 03/29/1995)

March 24, 1995

March 24, 1995

PACER
23

AFFIDAVIT in opposition of Valerie Singleton by Comm. of Corr. Serv. Re: [19-1] motion for attorney fees (cd) (Entered: 03/29/1995)

March 24, 1995

March 24, 1995

PACER
26

MEMORANDUM by Shlomo Helbrans in support of [19-1] motion for attorney fees (djc) (Entered: 04/21/1995)

April 14, 1995

April 14, 1995

PACER
25

REPLY AFFIDAVIT in support of Jack G. Stern Re: [19-1] motion for attorney fees (djc) (Entered: 04/21/1995)

April 14, 1995

April 14, 1995

PACER
27

OPINION AND ORDER# 74779 granting [19-1] motion for attorney fees. The fees requested, however, shall be reduced by the amount specified in this opinion. After recalulating the submitted bill, and allowing for reasonable disbursements, Helbrans' fees total $55,540.36. The Clerk is directed to mark this action as closed on docket. ( Signed by Judge Harold Baer Jr. ); Copies mailed.(gave orig. doc. to Judgment Clerk on 5/22/95) (kg) (Entered: 05/22/1995)

May 19, 1995

May 19, 1995

PACER

Case closed. (kg)

May 26, 1995

May 26, 1995

PACER
28

JUDGMENT # 95,1090,.....ORDERED, ADJUDGED AND DECREED: that the pltff Shlomo Helbrans counsel have judgment as against defts Comm. of Corr. Serv., Ward. of Rikers Isl., Com. of Corr. N.Y.C. in the reduced sum of $55,540.36, for attorneys' fees. EOD:5/31/95. (SO ORDERED CLERK, JAMES M. PARKISON) Mailed copies and notice of right to appeal. (kg) Modified on 05/31/1995 (Entered: 05/31/1995)

May 26, 1995

May 26, 1995

PACER

Pre-trial conference held (rag)

June 7, 1995

June 7, 1995

PACER
30

MEMORANDUM by Shlomo Helbrans in support of [29-1] motion for a supplemental award of attorneys' fees & expenses purs.to 42 USC 1988 & Rule 54(d)(2), FRCP, in the total amount of $14,000.00 for services provided by Duker & Barrett relating to litigation concerning the fee application in this matter (mk) (Entered: 06/14/1995)

June 9, 1995

June 9, 1995

PACER
29

NOTICE OF MOTION by Shlomo Helbrans for a supplemental award of attorneys' fees & expenses purs.to 42 USC 1988 & Rule 54(d)(2), FRCP, in the total amount of $14,000.00 for services provided by Duker & Barrett relating to litigation concerning the fee application in this matter W/attchd. AFFIDAVIT of Nicholas A. Gravante, Jr., Return date 6/29/95 (mk) (Entered: 06/14/1995)

June 9, 1995

June 9, 1995

PACER

Settlement conference held (rag)

July 12, 1995

July 12, 1995

PACER
31

STIPULATION and ORDER by and between parties, withdrawing [29-1] motion for a supplemental award of attorneys' fees & expenses purs.to 42 USC 1988 & Rule 54(d)(2), FRCP, in the total amount of $14,000.00 for services provided by Duker & Barrett relating to litigation concerning the fee application in this matter, defendants shall pay plaintiffs counsel, Duker & Barrett, L.L.P., the sum of $9,000.00 to cover supplemental costs and attorney fees, on or before 90 days form the entry of this Order, Defendants shall remit to Duker & Barrett, L.L.P., the sum of $64,540.36, consisting of the Courts original award of $55,540.36 in ists and attorneys fees and... and......So Ordered...( signed by Judge Harold Baer Jr. ). (pl) (Entered: 09/18/1995)

Sept. 13, 1995

Sept. 13, 1995

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 1, 1994

Closing Date: 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate, an Orthodox Hasidic Jew whose religion forbade removal of facial hair, seeking to enjoin the state from from removing his facial hair upon his reception at state prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

New York State Department of Corrections (Rickers Island), State

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 0

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Affected Gender:

Male

Type of Facility:

Government-run