Case: Marria v. Broadus

1:97-cv-08297 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 10, 1997

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On November 10, 1997, an inmate at the Shawangunk Correctional Facility in Wallkill, New York, filed a pro se lawsuit under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiff asked the Court for declaratory and injunctive relief, as well as damages, alleging that his constitutional rights had been violated when the prison refus…

On November 10, 1997, an inmate at the Shawangunk Correctional Facility in Wallkill, New York, filed a pro se lawsuit under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiff asked the Court for declaratory and injunctive relief, as well as damages, alleging that his constitutional rights had been violated when the prison refused to allow him to receive mailed literature pertaining to his particular religious group.

On March 27, 2002, the U.S. District Court for the Southern District of New York (Judge Naomi Reice Buchwald) granted partial summary judgment to the defendants, holding that the prisoner could submit his expert report, but that the prison officials could not submit theirs. The Court also held that the prison officials were entitled to qualified immunity from the prisoner's due process claims. Marria v. Broaddus, 200 F.2d 280 (S.D.N.Y. 2002).

On July 31, 2003, the District Court (Judge Buchwald) granted declaratory and injunctive relief to the plaintiff, holding that the prisoner's beliefs were sincere and religious, and therefore protected by RLUIPA and the U.S. Constitution. Marria v. Broaddus, No. 97-8297, 2003 WL 21782633 (S.D.N.Y. July 31, 2003). The Court ordered the defendants to reevaluate their procedures in light of the Court's order.

After reevaluating their procedures, the defendants produced a set of proposed protocols which the District Court (Judge Buchwald) approved and adopted on July 30, 2004. Marria v. Broaddus, No. 97-8297, 2004 WL 1724984 (S.D.N.Y. July 30, 2004). As all issues were resolved, the Court ordered the case dismissed. The plaintiff appealed. On September 9, 2005, the U.S. Court of Appeals for the Second Circuit dismissed the appeal.

We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (11/10/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10520599/parties/marria-v-broaddus/


Judge(s)

Buchwald, Naomi Reice (New York)

Attorneys(s) for Plaintiff

Kroe, Amy I. (New York)

Sacharoff, Laurent (New York)

Viola, Damore (New York)

Zealand, Elise S. (New York)

Attorneys(s) for Defendant

Kusinitz, Alan R. (New York)

Lee, Benjamin (New York)

Spitzer, Eliot (New York)

Vacco, Dennis C. (New York)

Vullo, Stephanie (New York)

Judge(s)

Buchwald, Naomi Reice (New York)

Attorneys(s) for Plaintiff

Kroe, Amy I. (New York)

Sacharoff, Laurent (New York)

Viola, Damore (New York)

Zealand, Elise S. (New York)

Attorneys(s) for Defendant

Kusinitz, Alan R. (New York)

Lee, Benjamin (New York)

Spitzer, Eliot (New York)

Vacco, Dennis C. (New York)

Vullo, Stephanie (New York)

Documents in the Clearinghouse

Document

1:97-cv-08297

Docket (PACER)

Marria v. Broaddus

Nov. 18, 2005

Nov. 18, 2005

Docket
52

1:97-cv-08297

Amended Complaint

Marria v. Broaddus

Nov. 3, 2000

Nov. 3, 2000

Complaint
97

1:97-cv-08297

Memorandum and Order

Marria v. Broaddus

200 F.Supp.2d 280

March 27, 2002

March 27, 2002

Order/Opinion
104

1:97-cv-08297

Opinion and Order

Marria v. Broaddus

2003 WL 21782633

July 31, 2003

July 31, 2003

Order/Opinion
112

1:97-cv-08297

Opinion and Order

Marria v. Broaddus

2004 WL 1724984

July 30, 2004

July 30, 2004

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10520599/marria-v-broaddus/

Last updated Aug. 1, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
121

Sealed Document Attorney Notice to Retrieve

Jan. 8, 2020

Jan. 8, 2020

PACER
121

Sealed Document Attorney Notice to Retrieve

Jan. 8, 2020

Jan. 8, 2020

PACER
1

DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS by Rashaad Marria . (jp) (Entered: 11/18/1997)

Nov. 10, 1997

Nov. 10, 1997

121

Sealed Document Attorney Notice to Retrieve

Jan. 8, 2020

Jan. 8, 2020

PACER
2

COMPLAINT filed (jp) (Entered: 11/18/1997)

Nov. 10, 1997

Nov. 10, 1997

122

Sealed Document Attorney Notice to Retrieve

Jan. 8, 2020

Jan. 8, 2020

PACER
122

Sealed Document Attorney Notice to Retrieve

Jan. 8, 2020

Jan. 8, 2020

PACER
122

Sealed Document Attorney Notice to Retrieve

Jan. 8, 2020

Jan. 8, 2020

PACER
123

Sealed Document Retrieved

Jan. 31, 2020

Jan. 31, 2020

PACER

Magistrate Judge Bernikow is so Designated. (jp) (Entered: 11/18/1997)

Nov. 10, 1997

Nov. 10, 1997

123

Sealed Document Retrieved

Jan. 31, 2020

Jan. 31, 2020

PACER
123

Sealed Document Retrieved

Jan. 31, 2020

Jan. 31, 2020

PACER
124

Sealed Document Disposed

Feb. 4, 2022

Feb. 4, 2022

PACER
124

Sealed Document Disposed

Feb. 4, 2022

Feb. 4, 2022

PACER
3

ORDER OF DISMISSAL Accordingly, the complaint, filed in forma pauperis under 28 U.S.C. 1915(a), is dismissed pursuant to 28 U.S.C. 1915(d). We certify pursuant to 28 U.S.C. 1915(a) that any appeal from this order would not be taken in good faith. SO ORDERED. ( signed by Chief Judge Thomas P. Griesa ) (jp) (Entered: 11/18/1997)

Nov. 10, 1997

Nov. 10, 1997

124

Sealed Document Disposed

Feb. 4, 2022

Feb. 4, 2022

PACER
4

JUDGMENT for Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord . Ordered, Adjudged and Decreed: That the complaint be and it is hereby dismissed. 28 U.S.C. 1915 (d). We certify that any appeal from the Court's order would not be taken in good faith. SO ORDERED. ( signed by Chief Judge Thomas P. Griesa ). (jp) (Entered: 11/18/1997)

Nov. 10, 1997

Nov. 10, 1997

Case closed (jp) (Entered: 11/18/1997)

Nov. 10, 1997

Nov. 10, 1997

5

NOTICE of Change of Address by Rashaad Marria . (pl) (Entered: 12/01/1997)

Dec. 1, 1997

Dec. 1, 1997

7

NOTICE OF APPEAL by Rashaad Marria .; from [6-1] order plaintiff's request for an extension of time to appeal is granted . Copies of notice of appeal mailed to Attorney(s) of Record: Sua Sponte, Fees Due. (as) (Entered: 04/15/1998)

Dec. 29, 1997

Dec. 29, 1997

6

Filed Memo-Endorsement on memo addressed to Judge Griesa from Stanley Pugliese, Pro Se Writ Clerk, dated 3/26/98, plaintiff's request for an extension of time to appeal is granted ( signed by Chief Judge Thomas P. Griesa ) (kw) (Entered: 04/13/1998)

April 6, 1998

April 6, 1998

8

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [7-1] appeal by Rashaad Marria . (as) (Entered: 04/16/1998)

April 16, 1998

April 16, 1998

9

MANDATE OF USCA (certified copy) Re: Dismissed [7-1] appeal by Rashaad Marria. (98-2349) Caroyln Clark Campbell, CLerk, USCA. (as) (Entered: 09/22/1998)

Sept. 21, 1998

Sept. 21, 1998

10

ORDER; we hereby vacate our 11/10/97 Order for the limited purpose expressed in the Second Circuit's September 11th Mandate and reassign this action to a district court judge as provided by the Rules Governing the Division of Business among Judges ; a summons shall be issd. from this Court and served upon the defts according to the provisions of Rule 4 of the F.R.C.P. ; pltff is granted leave to proceed in forma pauperis ; the Pro Se Office is directed to expedite service by forwarding to pltff the necessary materials to have the U.S. Marshal Service serve a copy of this Order, the Summons and the Complt. upon defts in compliance w/ Rule 4 of the F.R.C.P. ; nothing herein shall preclude defts from making any such motion to dismiss the complt. as they may be advised to make ; ( signed by Chief Judge Thomas P. Griesa ); copies mailed; on 10/29/98 forwarded copy of Order to Case Assignment Clerk (ls) Modified on 10/29/1998 (Entered: 10/29/1998)

Oct. 29, 1998

Oct. 29, 1998

Case reopened (ls) Modified on 10/29/1998 (Entered: 10/29/1998)

Oct. 29, 1998

Oct. 29, 1998

12

Notice of reassignment to Judge Barbara S. Jones Copy of notice and judge's rules mailed to Attorney(s) of record: Rashaad Marria . (bm) (Entered: 01/15/1999)

Nov. 3, 1998

Nov. 3, 1998

11

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/Including Initial Case Management Conference (signed by Judge Barbara S. Jones ) Referred to Magistrate Judge Kevin Nathaniel Fox (lam) (Entered: 01/05/1999)

Dec. 30, 1998

Dec. 30, 1998

13

NOTICE of attorney appearance for Rashaad Marria by Laurent Sacharoff. (kw) (Entered: 03/29/1999)

March 26, 1999

March 26, 1999

14

Affidavit of service as to Raymond Broaddus by Maryanne Richards, Sec. on 3/30/99. Answer due on 4/19/99 for Raymond Broaddus. (lam) (Entered: 04/07/1999)

March 31, 1999

March 31, 1999

15

Affidavit of service as to Warith Deen Umar by Connie Sgarlata, Sec. on 3/30/99. Answer due on 4/19/99 for Warith Deen Umar. (lam) (Entered: 04/07/1999)

March 31, 1999

March 31, 1999

16

Affidavit of service as to Glenn Goord by Donald Matusik, Asst. Counsel on 3/30/99. Answer due on 4/19/99 for Glenn Goord. (lam) (Entered: 04/07/1999)

March 31, 1999

March 31, 1999

17

RETURN OF SERVICE executed as to G. Blaetz by Sandra Renihan, Principal Clerk on 3/31/99. Answer due on 4/20/99 for G. Blaetz. (lam) (Entered: 04/13/1999)

April 12, 1999

April 12, 1999

17

RETURN OF SERVICE executed as to G. Blaetz by mail on 4/1/99. Answer due on 4/21/99 for G. Blaetz. (lam) (Entered: 04/13/1999)

April 12, 1999

April 12, 1999

18

Affidavit of service as to Warith Deen Umar by personal service on 4/16/99. Answer due on 5/6/99 for Warith Deen Umar. (kw) (Entered: 04/27/1999)

April 21, 1999

April 21, 1999

19

ANSWER to Complaint by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord; by attorney Alan R. Kusinitz. (ri) (Entered: 05/14/1999)

May 7, 1999

May 7, 1999

20

ORDER, for a conference, pursuant to Rule 16(b), on 6/9/99 at 11:45 a.m. ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed (kw) (Entered: 05/24/1999)

May 21, 1999

May 21, 1999

24

Filed Memo-Endorsement on letter addressed to Magistrate Judge Kevin Fox from Laurent A. Sacharoff, dated 6/28/99, counsel, for plaintiff, requests an extension to file the proposed scheduling order until tomorrow morning. Application granted ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed. (kw) (Entered: 07/01/1999)

June 29, 1999

June 29, 1999

Initial Pretrial Conference held before Magistrate Judge Kevin Nathaniel Fox . (jp) (Entered: 07/06/1999)

June 29, 1999

June 29, 1999

22

CONFIDENTIALITY STIPULATION and ORDER; regarding procedures that will govern the handling of confidential documents. ( signed by Judge Barbara S. Jones ). (emil) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

23

SCHEDULING ORDER: Deponents to be taken in Aug. and Sept. subject to the schedules of the officials - i) Plaintiff, ii) Ronald Holvey, iii) Paul Annetts, iv) Smith, director of the crisis intervention unit for DOCS - Sept. 7, v) Richard Roy, vi) Deft Warith Deen Umar, vii) Deft Raymond Broaddus, viii) Deft G. Blaetz, ix) Deft Glenn Goord, x) Any other witnesses who are identified through discovery; On 7/12/99, the pltff shall serve on defts interrogatories and documents requests; 7/19/99, the defts shall serve on the pltff interrogaties and documents requests; On 8/12/99, defts shall answer pltff's interrogatories and produce the requested documents, subject to objections; On 8/19/99, pltff shall answer defts' interrogatories and produce the requested documents, subject to objections; Each party shall supply its adversary any expert reports by 9/30/99; The parties will schedule depositions of the experts within a month of receiving the expert reports, consistent with the schedules of the experts. The pltff's expert will be deposed before the defts'; The parties' experts will be permitted to supplement their reports if necessary by 10/15/99; Telephone conference to be held on 10/13/99 at 11:45 a.m.; Discovery ends 11/30/99; Settlement conference to be held on 12/7/99 at 2:30 p.m.; Pltff will supply his pretrial order materials to defts by 12/10/99; Parties will submit pretrial order, briefs and other materials to Court by 1/14/99; Final pretrial conference to be held on 1/25/00 at 11:00 a.m.; The parties anticipate a five day trial before jury. ( signed by Magistrate Judge Kevin Nathaniel Fox ) ; Copies mailed (emil) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

25

AMENDED SCHEDULING ORDER: depositions as set forth in this document; interrogatories and document production as set forth in this document; each party shall supply its adversary any expert reports by 11/1/99. The parties will schedule depositions of the experts within two weeks of receiving the expert reports, consistent with the schedules of the experts. The plaintiff's expert will be deposed before the defendants'. Telephone conference set for 12/1/99 at 11:45 a.m.; discovery ends 12/15/99; settlement conference set for 1/4/00 at 2:30 p.m. If the defendants move for summary judgment: the defendants must serve their motion and supporting papers on plaintiff by January 28; the plaintiff must serve his opposition on defendants by 2/18/99; the reply by 2/28/99. If the defendant does not move for summary judgment: plaintiff will supply his pre-trial order materials to defendants by 12/23/99; parties will submit pre-trial order, briefs and other materials to Court by 1/21/00; final pre-trial conference set for 2/1/00 at 11:00 a.m. ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed (kw) (Entered: 08/02/1999)

July 29, 1999

July 29, 1999

Telephone Conference set for 11:45 a.m. on 12/1/99 before Magistrate Judge Kevin Nathaniel Fox. (kw) (Entered: 08/02/1999)

July 29, 1999

July 29, 1999

Settlement Conference set for 2:30 p.m. on 1/4/00 before Magistrate Judge Kevin Nathaniel Fox. (kw) (Entered: 08/02/1999)

July 29, 1999

July 29, 1999

USCA appeal fees received $ 105.00 September 23, 1999 on receipt # E 355393. (dt) (Entered: 09/24/1999)

Sept. 24, 1999

Sept. 24, 1999

Tele. Status Conference held before Magistrate Judge Kevin Nathaniel Fox (ls) (Entered: 10/12/1999)

Sept. 27, 1999

Sept. 27, 1999

26

ORDER that the case management order previously issued by the Court is modified; the parties shall complete all depositions relevant to this action by 12/31/99 ; reset defts' answers to pltff's interrogatories due for 10/29/99 ; reset defts' response to pltff's request for production of documents due for 10/29/99 ; defts shall serve their interrogatories and document request on pltff by 10/29/99 ; pltff shall answer defts' interrogatories and respond to defts' document requests by 11/12/99; expert reports shall be provided by each party to the adversary party by 1/5/00 ; expert depositions shall be conducted by the parties by 1/19/00 ; reset telephone status conference for 1:15 1/24/00 ; reset all discovery due for 2/10/00 ; reset settlement conference for 2:30 3/1/00 ; defts shall serve any motion for summary jugment by 3/13/00; pltff shall serve any response to the motion by 3/27/00; and defts shall serve any reply papers by 4/3/00 ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed by Chambers. (lam) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

27

AMENDED ORDER, by 12/31/99 the parties shall complete all depositions relevant to this action ; by 10/29/99 defendants shall answer plaintiff's interrogatories and shall respond to plaintiff's request for the production of documents ; by 10/29/99 defendants shall serve their interrogatories and document requests on plaintiff ; by 11/12/99 plaintiff shall answer defendants' interrogatories and shall respond to defendants' documents requests; by 1/5/00 expert reports shall be provided by each party to the adversary party; by 1/19/00 expert depositions shall be conducted by the parties ; a telephonic status conference shall be held on 1/24/00 at 1:15 p.m. counsel to the plaintiff shall initiate the conference; all discovery shall be initiated so as to be completed by 2/10/00 ; set settlement conference for 2:30 p.m. on 3/1/00 ; by 3/13/00 defendants shall serve any motion for summary judgment; by 3/27/00 plaintiff shall serve any response to the motion; and by 4/3/00 defendants shall serve any reply papers ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed. (kw) (Entered: 10/06/1999)

Oct. 4, 1999

Oct. 4, 1999

28

Notice of attorney appearance for Rashaad Marria by Amy I. Kroe. (kg) (Entered: 11/05/1999)

Nov. 4, 1999

Nov. 4, 1999

29

Notice of reassignment to Judge Naomi R. Buchwald Copy of notice and judge's rules mailed to Attorney(s) of record: Amy I. Kroe, Laurent Sacharoff, Rashaad Marria . (bm) (Entered: 11/23/1999)

Nov. 16, 1999

Nov. 16, 1999

30

ORDER, an Assistant Atty Genl may take the deposition of plntf Marria before a notary public, or some other officer authorized to administer oaths by the laws ofthe US or of the State of NY, at any correctional facility operated and controlled by the NYS Dept of Correctional Services, upon 14 day notice to plntf's attorneys and the superintendent of the correctional facility, and, upon three day notice to plntf ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed. (cd) (Entered: 12/07/1999)

Dec. 6, 1999

Dec. 6, 1999

31

STIPULATION and ORDER; that the Complt. is deemed to be amended and supplemented to allege that the pltff is being denied access to the Five Percenter newspaper at Shawangunk Correctional Facility and would be denied access to the Five Percenter newspaper at any other correctional facility operated and controlled by DOCS; that the Complt. is deemed to be amended and supplemented to allege that the denial of access to the Five Percenter newspaper violates pltff's federal constitutional rights ; that this stipulation and order has no effect on any other material allegation contained in the Complt. ; that the Answer is deemed to be amended and supplemented to admit that the pltff is being denied access to the Five Percenter newspaper at Shawangunk Correctional Facility and would be denied access to the Five Percenter newspaper at any other correctional facility operated and controlled by DOCS; that the Answer is deemed to be amended and supplemented to deny that the defts have violated the pltff's federal constitutional rights ; that this Stipulation and Order has no effect on any other response contained in the Answer ; ( signed by Magistrate Judge Kevin Nathaniel Fox ) (ls) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

32

ORDER; reset settlement conference for 2:30 3/9/00 at 40 Centre Street, Courtroom 519 . ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed. (pl) (Entered: 01/26/2000)

Jan. 25, 2000

Jan. 25, 2000

Status Conference held before Magistrate Judge Kevin Nathaniel Fox. (pl) (Entered: 02/08/2000)

Jan. 25, 2000

Jan. 25, 2000

33

Memo-Endorsement on letter addressed to Judge Buchwald from Amy I. Kroe, dated 2/14/00, re: granting the plaintiff's request for an extension on the following documents: expert reports due on 3/10/00; expert depositions to be completed by 3/20/00 ; reset settlement conference with Mag. Judge Fox on 3/20/00; Final extensions. A report to the Court on the conference before Judge Fox must precede any motions . ( signed by Judge R. Buchwald ); Copies mailed. (pl) Modified on 02/18/2000 (Entered: 02/17/2000)

Feb. 16, 2000

Feb. 16, 2000

34

Amended STIPULATION and ORDER of Confidentiality; regarding procedures that will govern the handling of all "documents" provided by any party or non-party in connection with this action ; (signed by Magistrate Judge Kevin Nathaniel Fox) (djc) (Entered: 02/22/2000)

Feb. 18, 2000

Feb. 18, 2000

Telephone Conference held before Judge Naomi R. Buchwald . (djc) (Entered: 04/26/2000)

April 20, 2000

April 20, 2000

35

Memo-Endorsement on letter addressed to Judge Buchwald from Stephanie Vullo, dated 6/2/00; granting defts' request for an extension of the twenty-five page limit to no more than thirty-five pages for defts' combined motion for summary jdgmt. and to disqualify pltff's expert ; ( signed by Judge Naomi R. Buchwald ); Copies mailed. (lf) Modified on 06/07/2000 (Entered: 06/06/2000)

June 5, 2000

June 5, 2000

36

(REDACTED) NOTICE OF MOTION (Filed on Service Date) by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts ; and for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report ; Return date not indicated. Rule 56.1 Statement in support attached. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

37

(REDACTED) MEMORANDUM OF LAW by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support of [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

38

(REDACTED) DECLARATION of Stephanie Vullo by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support Re: [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

39

(REDACTED) DECLARATION of Virginia A. Blaetz by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support Re: [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

40

(REDACTED) DECLARATION of Imam Warith Deen Umar by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support Re: [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

41

(REDACTED) DECLARATION of Dr. Raymond Broaddus by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support Re: [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

42

(REDACTED) DECLARATION of Keith Dubray by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support Re: [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

43

(REDACTED) DECLARATION of Dale Artus by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support Re: [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

44

(REDACTED) DECLARATION of Randy Zimpfer by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support Re: [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

45

(REDACTED) DECLARATION by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support Re: [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

46

(REDACTED) DECLARATION by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support Re: [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

47

(REDACTED) DECLARATION by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord in support Re: [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report. (sac) (Entered: 10/02/2000)

Sept. 6, 2000

Sept. 6, 2000

48

Memo-Endorsement on letter addressed to Judge Buchwald from Amy I. Berman, dated 10/3/00; granting for pltff's request for the following: a 10-page extension of the 25 page limit to respond to defts motion for summary judgment and to exclude pltff's testimony and report ; pltffs' response to motion reset to 10/9/00 for [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, reset to 10/9/00 for [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report ; ( signed by Judge Naomi R. Buchwald ); Copies mailed. (lf) Modified on 10/06/2000 (Entered: 10/05/2000)

Oct. 4, 2000

Oct. 4, 2000

49

STIPULATION and ORDER, withdrawing [36-1] motion for an order, purs. to Rule 56 of the FRCP, granting summary judgment in favor of defts, and withdrawing [36-2] motion for an order, purs. to Rules 702 and 703 of the Federal Rules of Evidence, excluding witness testimony and report; defendants also withdraw the request that the original motions for summary judgment and exclusion of plaintiff's expert testimony be filed under seal ; plaintiff will request a pre-motion conference to move to amend the complaint. Defendants will be permitted to move for summary judgment after the motion to amend the complaint is decided . ( signed by Judge Naomi R. Buchwald ) (kw) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

Motion papers withdrawn from Clerk's Office - documents #36-47 on 10/18/00 by Stephanie Vullo, Asst. Atty. General - Bryon Lee AAG (rag) (Entered: 10/18/2000)

Oct. 18, 2000

Oct. 18, 2000

50

Memo-Endorsement on letter addressed to Judge Buchwald from Amy I. Berman, dated 10/23/00. Set plaintiff amended complaint due for 11/3/00 ; defendants to serve and file an answer by 11/24/00 . ( signed by Judge Naomi R. Buchwald ); Copies mailed. (kw) (Entered: 10/26/2000)

Oct. 25, 2000

Oct. 25, 2000

51

ORDER; an assistant attorney general may take the deposition of pltff, before a notary public, or some other officer authorized to administer oaths by the laws of the U.S. or of the State of NY, at any correctional facility operated and controlled by the NYS Dept. of Correctional Services, upon 14 days notice to pltff's attorneys and the superintendent of the correctional facility, and upon 3 day notice to pltff . ( signed by Judge Naomi R. Buchwald ); Copies mailed. (sn) (Entered: 10/27/2000)

Oct. 25, 2000

Oct. 25, 2000

52

AMENDED COMPLAINT by Rashaad Marria (Answer due 11/16/00 for Glenn Goord, for Warith Deen Umar, for G. Blaetz, for Raymond Broaddus ) amending [2-1] complaint ; Summons issued. (jp) (Entered: 11/06/2000)

Nov. 3, 2000

Nov. 3, 2000

53

NOTICE of attorney appearance for Rashaad Marria by Elise S. Zealand. (jp) (Entered: 11/06/2000)

Nov. 3, 2000

Nov. 3, 2000

54

ANSWER to Amended Complaint by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord (Attorney Stephanie Vullo from the Firm: Attorney General NYS). (cd) (Entered: 11/20/2000)

Nov. 17, 2000

Nov. 17, 2000

55

Memo-Endorsement on letter addressed to Judge Buchwald from Elise S. Zealand, dated 11/17/00. Re: approving the following proposed schedule with respect to defts' motion for summary jdgmt.: defts to serve their motion - 2/16/01 ; pltff to respond to the motion - 3/9/01; defts to reply to pltff's response - 3/21/01 ; ( signed by Judge Naomi R. Buchwald ); Copies mailed. (lf) (Entered: 11/21/2000)

Nov. 20, 2000

Nov. 20, 2000

Pretrial Conference held before Judge Naomi R. Buchwald . (jp) (Entered: 11/30/2000)

Nov. 27, 2000

Nov. 27, 2000

56

ANSWER to Amended Complaint by Raymond Broaddus, G. Blaetz, Warith Deen Umar, Glenn Goord (Attorney Stephanie Vullo from the Firm: Attorney General NYS). (cd) (Entered: 12/01/2000)

Nov. 30, 2000

Nov. 30, 2000

57

Memo-Endorsement on letter addressed to Judge Buchwald from Stephanie Vullo, dated 2/12/01; granting counsel for defts' request to amend the briefing schedule for defts' motion for summary judgment and to exclude pltff's expert, and for pltff's cross motion to exclude defts' expert: Service of motion on 3/16/01; service of opposition papers and cross motion on 4/16/01; and service of reply papers on 5/4/01 . ( signed by Judge Naomi R. Buchwald ); Copies mailed. (sn) (Entered: 02/15/2001)

Feb. 14, 2001

Feb. 14, 2001

58

Memo-Endorsement on letter addressed to Judge Buchwald from Benjamin J. Lee, dated 03/12/01; defendants shall serve motion for summary judgment and to exclude plaintiff's expert on March 21, 2001 ; plaintiff shall reply and cross move on 04/23/01; and defendants shall reply on 05/04/01 ; (signed by Judge Naomi R. Buchwald ); Copies mailed. (djc) (Entered: 03/14/2001)

March 13, 2001

March 13, 2001

69

NOTICE OF MOTION (FILED ON SERVICE DATE) by Raymond Broaddus, G. Blaetz, Warith Deen Umar, and Glenn Goord, for an order granting summary judgment pursuant to Rule 56 of the FRCP ; for an order pursuant to Rules 702 and 703 of the Federal Rules of Evidence . No return date. Rule 56.1 statement is attached. (kw) (Entered: 06/08/2001)

March 21, 2001

March 21, 2001

61

ORDER; that the documents as set forth & listed in this order are to be submitted in support of defts' motion for summary judgment and motion to exclude pltff's expert testimony and report are filed with the Clerkof the Court unter seal. ( signed by Judge Naomi R. Buchwald ); Copies mailed. (sac) Modified on 04/25/2001 (Entered: 04/24/2001)

April 20, 2001

April 20, 2001

60

SEALED DOCUMENT placed in vault. (dn) (Entered: 04/23/2001)

April 23, 2001

April 23, 2001

62

Memo-Endorsement on letter addressed to Judge Buchwald from Stephanie Vullo, dated 4/30/01. Re: defendants request until 6/1/01 to file reply for their motion for summary judgment. While under the circumstances, this request is reasonable, all parties should be aware that this is the final extension that will be granted . ( signed by Judge Naomi R. Buchwald ); Copies mailed. (kw) (Entered: 05/02/2001)

May 1, 2001

May 1, 2001

65

Document placed under seal. (pl) Modified on 05/14/2001 (Entered: 05/10/2001)

May 3, 2001

May 3, 2001

63

SEALED DOCUMENT placed in vault. (rp) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

64

SEALED DOCUMENT placed in vault. (rp) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

66

ORDER to File Plaintiff's Opposition to Defendants' Motion for Summary Judgment and to Exclude Defendants' Expert Testimony and Report under Seal; the documents submitted in support of plaintiff's opposition to defendants' motion for summary judgment and motion to exclude defendants' expert testimony and report are to be filed with the Clerk of the Court under seal ; a fully redacted copy of plaintiff's opposition to defendants' motion shall be publicly filed ; ( signed by Judge Naomi R. Buchwald ); Copies mailed. (djc) Modified on 05/22/2001 (Entered: 05/21/2001)

May 21, 2001

May 21, 2001

67

SEALED DOCUMENT placed in vault. (wv) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

70

DECLARATION of by Glenn Goord in support Re: [69-1] motion for an order granting summary judgment pursuant to Rule 56 of the FRCP. (kw) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

71

DECLARATION on behalf of defendants in support Re: [69-1] motion for an order granting summary judgment pursuant to Rule 56 of the FRCP. (kw) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

72

DECLARATION on behalf of defendants in support Re: [69-1] motion for an order granting summary judgment pursuant to Rule 56 of the FRCP. (kw) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

73

DECLARATION of Keith Dubray by defendants in support Re: [69-1] motion for an order granting summary judgment pursuant to Rule 56 of the FRCP. (kw) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

75

DECLARATION of Warith Deen Umar in support Re: [69-1] motion for an order granting summary judgment pursuant to Rule 56 of the FRCP. (kw) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

76

DECLARATION on behalf of defendants in support Re: [69-1] motion for an order granting summary judgment pursuant to Rule 56 of the FRCP. (kw) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

77

DECLARATION on behalf of defendants in support Re: [69-1] motion for an order granting summary judgment pursuant to Rule 56 of the FRCP. (kw) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

78

DECLARATION of G. Blaetz in support Re: [69-1] motion for an order granting summary judgment pursuant to Rule 56 of the FRCP. (kw) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

79

DECLARATION of Zimpfer by defendants in support Re: [69-1] motion for an order granting summary judgment pursuant to Rule 56 of the FRCP. (kw) (Entered: 06/08/2001)

June 5, 2001

June 5, 2001

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 10, 1997

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison inmate claiming the prison's policies, customs and practices have deprived him of the ability to practice his faith, in violation of his constitutional and statutory rights

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York Department of Corrections, State

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):

Due Process

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2003 - 0

Issues

General:

Religious programs / policies

Type of Facility:

Government-run