Case: Hoevenaar v. Lazaroff

2:03-cv-00190 | U.S. District Court for the Southern District of Ohio

Filed Date: March 3, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On 03/03/2003, a Cherokee prisoner at the Madison Correctional Institute, represented by the Prison Reform Advocacy Center, filed a Section 1983 lawsuit in the Southern District of Ohio against the warden of the Madison Correctional Institute. The plaintiff alleged the defendant had violated his rights under the First Amendment by refusing to allow him to grow his hair as required by his religious beliefs. Plaintiff also claimed this violated the Religious Land Use and Institutionalized Perso…

On 03/03/2003, a Cherokee prisoner at the Madison Correctional Institute, represented by the Prison Reform Advocacy Center, filed a Section 1983 lawsuit in the Southern District of Ohio against the warden of the Madison Correctional Institute. The plaintiff alleged the defendant had violated his rights under the First Amendment by refusing to allow him to grow his hair as required by his religious beliefs. Plaintiff also claimed this violated the Religious Land Use and Institutionalized Persons Act (RLUIPA). Plaintiff sought a preliminary injunction.

Following a preliminary injunction hearing, the District Court (Judge Algenon L. Marbley) granted plaintiff's motion for a preliminary injunction under the RLUIPA and enjoined the defendant from preventing the plaintiff from growing a ""kouplock."" Hoevenaar v. Lazaroff, 276 F. Supp. 2d 811 (S.D. Ohio 2003). Defendant appealed.

The Court of Appeals reversed and remanded with instructions that the injunction be vacated. Citing Cutter v. Wilkinson, 349 F.3d 257 (6th Cir. 2003), the Sixth Circuit (Judge Danny C. Reeves) held that the Religious Land Use and Institutionalized Persons Act ""violates the Establishment Clause because it favors religious rights over other fundamental rights without showing that religious rights are at any greater risk of deprivation."" Hoevenaar v. Lazaroff, 2004 WL 1664043 (6th Cir. 2004). Petition for writ of certiorari was granted.

On June 15, 2005, the Supreme Court vacated and remanded for further consideration in light of its superceding decision in Cutter v. Wilkinson, 125 S.Ct. 2113 (2005). Cutter was decided by the Supreme Court on May 31, 2005; it upheld the constitutionality of RLUIPA.

On remand, the defendants agreed to revise the prison system's grooming standards. In light of this, the court agreed on January 29, 2007 to postpone the hearing on the issue.

On March 19, 2008, the plaintiff gave notice that he was voluntarily dismissing the case, ending the litigation.

Summary Authors

Kristen Sagar (8/19/2007)

People


Judge(s)

Gibbons, John Joseph (Pennsylvania)

Kemp, Terence Peter (Ohio)

Marbley, Algenon L. (Ohio)

Reeves, Danny C. (Kentucky)

Siler, Eugene Edward Jr. (Kentucky)

Attorneys(s) for Plaintiff

Singleton, David A. (Ohio)

Attorneys(s) for Defendant

Campbell, Scott M. (Ohio)

Marti, Todd Robert (Ohio)

Pressman, Marianne (Ohio)

Reese, Mary Anne (Ohio)

Judge(s)

Gibbons, John Joseph (Pennsylvania)

Kemp, Terence Peter (Ohio)

Marbley, Algenon L. (Ohio)

Reeves, Danny C. (Kentucky)

Siler, Eugene Edward Jr. (Kentucky)

Attorneys(s) for Plaintiff

Singleton, David A. (Ohio)

Attorneys(s) for Defendant

Campbell, Scott M. (Ohio)

Marti, Todd Robert (Ohio)

Pressman, Marianne (Ohio)

Reese, Mary Anne (Ohio)

Documents in the Clearinghouse

Document

2:03-cv-00190

Docket (PACER)

Aug. 16, 2007

Aug. 16, 2007

Docket
24

2:03-cv-00190

Opinion and Order

Aug. 7, 2003

Aug. 7, 2003

Order/Opinion

03-04119

Unpublished Opinion

U. S. Court of Appeals for the Sixth Circuit

July 23, 2004

July 23, 2004

Order/Opinion

04-00534

Memorandum Decision

Supreme Court of the United States

June 6, 2005

June 6, 2005

Order/Opinion
59

2:03-cv-00190

Stipulation of Voluntary Dismissal

March 19, 2008

March 19, 2008

Pleading / Motion / Brief

Docket

Last updated Sept. 2, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (referred to Mag. Judge Terence P. Kemp ) ( no. pgs: 6) (sem) (Entered: 03/05/2003)

March 3, 2003

March 3, 2003

Filing Fee Paid: on 3/3/03 in the amount of $ 150.00, receipt # 234977. (sem) (Entered: 03/05/2003)

March 3, 2003

March 3, 2003

2

MOTION by plaintiff Cornelius Wayne Hoenevaar for preliminary injunction ( no pgs: 12) (sem) (Entered: 03/05/2003)

March 3, 2003

March 3, 2003

3

AFFIDAVIT of Cornelius W Hoevenaar regarding motion for preliminary injunction [2−1] ( no pgs: 4) (sem) (Entered: 03/05/2003)

March 3, 2003

March 3, 2003

4

ANSWER by defendant ( no pgs: 3) (sln) (Entered: 03/28/2003)

March 27, 2003

March 27, 2003

5

ORDER by Judge Algenon L. Marbley Preliminary Injuction hearing set 9:00 6/9/03 ; Telephone Status conference set 10:00 6/2/03 (cc: all counsel) ( no pgs: 1) (sln) (Entered: 04/14/2003)

April 14, 2003

April 14, 2003

6

RESPONSE (memo in opposition) by defendant Alan Lazaroff to pltf's motion for preliminary injunction [2−1] ( no pgs: 12 + exh) (sem) (Entered: 04/16/2003)

April 15, 2003

April 15, 2003

7

Stipulation and ORDER by Judge Algenon L. Marbley : plt extended to 5/20/03 to reply to dft memo in opp to injunctive relief (cc: all counsel) ( no pgs: 1) (sln) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

8

NOTICE of hearing: Status Conf set before TPK, room 172, 5/14/03 @ 1:30 (cc: all counsel) (sln) (Entered: 05/16/2003)

May 12, 2003

May 12, 2003

9

REPLY by plt to dft's response to plt's motion for preliminary injunction [2−1] ( no pgs: 11 + exh) (sln) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

10

Dft's Disclosure of Witnesses and Documents ( no pgs: 2) (sln) (Entered: 05/22/2003)

May 21, 2003

May 21, 2003

11

Plaintiff's Disclosures ( no pgs: 2) (sln) (Entered: 05/22/2003)

May 22, 2003

May 22, 2003

Deposition of Steve Martin (sln) (Entered: 06/04/2003)

June 2, 2003

June 2, 2003

12

MOTION by plt for writ ( no pgs: 1) (sln) (Entered: 06/04/2003)

June 3, 2003

June 3, 2003

13

ORDER by Judge Algenon L. Marbley granting petitioner's motion for writ (for 6/9/03 hearing) [12−1] (cc: all counsel) ( no pgs: 1) (sln) (Entered: 06/05/2003)

June 3, 2003

June 3, 2003

14

WRIT issued as to plaintiff ( no pgs: 1) (for 6/9/03 hearing) (sln) (Entered: 06/05/2003)

June 5, 2003

June 5, 2003

15

STIPULATION re motion for preliminary injunction [2−1] ( no pgs: 1) (sln) (Entered: 06/09/2003)

June 6, 2003

June 6, 2003

Deposition of Cornelius Hoevenaar (sln) (Entered: 06/09/2003)

June 6, 2003

June 6, 2003

16

Exhibit and Witness list from 6/9/03 thru 6/10/03 hrg ( no pgs: 3) (sln) (Entered: 06/16/2003)

June 12, 2003

June 12, 2003

TRANSCRIPT of the 6/9/03 &6/10/03 Preliminary Inj Proceedings (sln) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

17

OPENING TRIAL BRIEF FILED by plaintiff Cornelius Wayne Hoenevaar ( no pgs: 21) (sh) (Entered: 07/03/2003)

July 3, 2003

July 3, 2003

18

POST TRIAL MEMORANDUM by dft in opposition to plt's mt for inj relief [2−1] ( no pgs: 24 + exh) (sln) (Entered: 07/07/2003)

July 3, 2003

July 3, 2003

20

POST TRIAL REPLY BRIEF FILED by plt regarding plt's motion for preliminary injunction [2−1] ( no pgs: 18 + exh) (sln) (Entered: 07/14/2003)

July 11, 2003

July 11, 2003

21

MOTION by dft to strike attachment to plt's post−trial reply brief [20−1] ( no pgs: 4) (sln) (Entered: 07/16/2003)

July 15, 2003

July 15, 2003

22

RESPONSE (memo in opp) by plt to dft's motion to strike attachment to plt's post−trial reply brief [20−1] [21−1] ( no pgs: 4) (sln) (Entered: 07/24/2003)

July 23, 2003

July 23, 2003

23

MOTION by plt to amend complaint ( no pgs: 9) (sln) (Entered: 07/24/2003)

July 23, 2003

July 23, 2003

24

OPINION AND ORDER by Judge Algenon L. Marbley granting plt's motion for preliminary injunction to the extent the dft is Enjoined from preventing plt from growing a kouplock in accordance with his religious beliefs, pending the outcome of the final litigation in this matter [2−1] (cc: all counsel) ( no pgs: 29) (sln) Modified on 08/07/2003 (Entered: 08/07/2003)

Aug. 7, 2003

Aug. 7, 2003

25

NOTICE OF APPEAL by defendant Alan Lazaroff from Dist. Court decision [24−1] of 8/7/03 ( no pgs: 2) (jh) (Entered: 08/17/2003)

Aug. 15, 2003

Aug. 15, 2003

APPEAL FEE paid in amount of $ 105.00 ( Receipt # 237633) (jh) (Entered: 08/17/2003)

Aug. 15, 2003

Aug. 15, 2003

APPEAL NOTIFICATION issued CA. (jh) (Entered: 08/17/2003)

Aug. 17, 2003

Aug. 17, 2003

26

RECEIPT OF USCA APPEAL NUMBER − Number Assigned: 03−4119 (pl) (Entered: 08/27/2003)

Aug. 26, 2003

Aug. 26, 2003

27

Certified and Transmitted Record on Appeal to US Court of Appeals re 25 Notice of Appeal ( 1 volume of pleadings ) (jh, ) (Entered: 09/09/2003)

Sept. 9, 2003

Sept. 9, 2003

28

NOTICE of Docketing Record on Appeal from USCA re 25 Notice of Appeal filed by Alan Lazaroff. USCA Case Number 03−4119 (pl, ) (Entered: 09/19/2003)

Sept. 12, 2003

Sept. 12, 2003

29

NOTICE of Hearing: Pretrial Conference set for 2/10/2004 @ 01:30 PM in chambers before Terence P Kemp. (wh, ) Additional attachment(s) added on 1/6/2004 (wh, ). (Entered: 01/06/2004)

Jan. 6, 2004

Jan. 6, 2004

30

NOTICE of Hearing: Pretrial Conference reset for 3/30/2004 @ 01:30 PM by telephone before Terence P Kemp. (wh, ) (Entered: 02/09/2004)

Feb. 9, 2004

Feb. 9, 2004

31

RULE 26(f) REPORT from both parties by Defendant Alan Lazaroff. (Marti, Todd) (Entered: 03/26/2004)

March 26, 2004

March 26, 2004

Case Stayed pending rulings in Cutter v. Wilkinson re RLUIPA (wh, ) (Entered: 04/04/2004)

April 2, 2004

April 2, 2004

32

PRELIMINARY PRETRIAL ORDER: case STAYED pending rulings in Cutter v. Wilkinson −further conf after rulings in Cutter. Signed by Judge Terence P Kemp on 4/2/2004. (wh ) (Entered: 04/04/2004)

April 4, 2004

April 4, 2004

33

USCA INFORMATION COPY re 25 Notice of Appeal: Granting Warden Lazaroff's motion for summary reversal, Reverse and Remand with instructions that the injunction be vacated. (jm, ) (Entered: 07/29/2004)

July 29, 2004

July 29, 2004

34

MANDATE of USCA as to 25 Notice of Appeal filed by Alan Lazaroff re : disposition filed 7/23/04 on Appeal 03−4119. (rew ) (Entered: 09/01/2004)

Aug. 30, 2004

Aug. 30, 2004

37

ORDER of USCA as to Appellse's motion to stay the mandate and the response in opposition, It is ORDERED that the motion be and hereby is DENIED(jm, ) (Entered: 09/10/2004)

Aug. 30, 2004

Aug. 30, 2004

36

Appeal Record Returned: 25 Notice of Appeal (jm, ). (Entered: 09/09/2004)

Sept. 3, 2004

Sept. 3, 2004

38

Appeal Record Returned: 25 Notice of Appeal (jm, ) (Entered: 09/16/2004)

Sept. 3, 2004

Sept. 3, 2004

ORDER deferring ruling on 21 Motion to Strike and 23 Motion to Amend/Correct. Pending rulings in Cutter. (dms ) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

40

Letter from the Supreme Court of the United States: The petition for writ of certiorari is granted the judgment is vacated. The case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration. (rew) Modified on 1/9/2007 to correct text (kk1). (Entered: 06/16/2005)

June 15, 2005

June 15, 2005

41

Order of Supreme Court of the United States. It is ORDERED that Petitioner Hoevenaar recover from Warden Lazaroff Three Hundred Dollars ($300) for costs. (dms) (Entered: 07/18/2005)

July 14, 2005

July 14, 2005

42

USCA JUDGMENT as to 25 Notice of Appeal filed by Alan Lazaroff. The judgment of the district court is REVERSED and the case is REMANDED for further proceedings. (jm) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

43

NOTICE of Appearance by Scott M Campbell Defendant Alan Lazaroff (Campbell, Scott) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

44

NOTICE FROM U.S. SUPREME COURT re 25 Notice of Appeal: Assignment of Case # 05−11756 (jm, ) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

45

Order: Supreme Court of the United States − The petition for a writ of certiorari was denied on 10/02/2006. (sr) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

Notice of Correction − Docket text of 40 corrected to reflect that document is a letter from the US Supreme Court &not a USCA Order as originally docketed. (kk1) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

46

NOTICE: Status Conference set for 1/23/2007 @ 3:00pm in chambers before Terence P Kemp − (wh1) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

47

NOTICE of Appearance by Marianne Pressman Defendant Alan Lazaroff (Pressman, Marianne) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

48

NOTICE: Status Conference RESET for 1/26/2007 @ 3:00pm in chambers before Terence P Kemp − (wh1) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

Status Conference held on 1/26/2007 before Magistrate Judge Terence P Kemp. (kk2) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

49

ORDER signed by Judge Terence P Kemp on 1/29/2007 re 48 status conf −cont conf on/after 4/26/2007 re new prison grooming reg impact on case −(wh1) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

50

NOTICE: Status Conference set for 5/3/2007 @ 10:00am in chambers before Terence P Kemp − (wh1) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

Status Conference held on 5/3/2007 before Magistrate Judge Terence P Kemp. (kk2) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

51

NOTICE: Status Conference set for 6/29/2007 10:00am in chambers before Terence P Kemp − (wh1) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

52

Notice of Correction −original ntc attached to # 51 Notice of status conf contained typo in date for conf −corrected ntc attached to #51 &to this entry − (wh1) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

53

NOTICE: Status Conference RESET for 7/5/2007 @ 11:00am in chambers before Terence P Kemp − (wh1) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

Status Conference held on 7/5/2007 before Magistrate Judge Terence P Kemp. (kk2) (Entered: 07/05/2007)

July 5, 2007

July 5, 2007

54

NOTICE: Status Conference set for 8/16/2007 @ 10:00am by teleconference before Terence P Kemp − (wh1) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

55

MOTION to Substitute Attorney by Defendant Alan Lazaroff. (Reese, Mary) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

56

NOTICE: Status Conference set for 9/18/2007 @ 10:00am in chambers before Terence P Kemp − (wh1) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

57

ORDER granting 55 Motion to Substitute Attorney. Added attorney Mary Anne Reese for Alan Lazaroff. Attorney Marianne Pressman terminated. Signed by Judge Terence P Kemp on 8/16/07. (jr) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

Status Conference held on 9/18/2007 before Magistrate Judge Terence P. Kemp. (pb1, ) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

58

ORDER:Discovery due by 12/18/2007; Motions due by 1/18/2008. Signed by Judge Terence P Kemp on 9/18/07. (jr) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

59

NOTICE of Voluntary Dismissal by Plaintiff Cornelius Wayne Hoevenaar (Singleton, David) (Entered: 03/19/2008)

March 19, 2008

March 19, 2008

***Pursuant to Local Rule 79.2(b), deposition transcripts have been disposed of by the Clerk. (er1) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

Case Details

State / Territory: Ohio

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 3, 2003

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Native American prison inmate alleging violations of his right to practice his religion, moving to prevent corrections officials from cutting his hair

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Madison Correctional Institute (London), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2003 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Disciplinary segregation

Religious programs / policies

Type of Facility:

Government-run