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: March 19, 2008

Clearinghouse coding complete

Case Summary

On March 3, 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 Pers…

On March 3, 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 enjoining the defendant from preventing the plaintiff from growing and maintaining a kouplock. This case was assigned to District Court Judge Algenon L. Marbley.  

Following a preliminary injunction hearing, the court granted plaintiff's motion for a preliminary injunction under the RLUIPA on August 7, 2003. The defendant appealed on August 15, 2003.

On July 29, 2004, the Sixth Circuit 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.” The Sixth Circuit also emphasized the importance of giving proper deference to prison officials. Hoevenaar v. Lazaroff, 2004 WL 1664043 (6th Cir. 2004).

On June 15, 2005, the Supreme Court granted the petition for writ of certiorari, vacated the judgment, and remanded the case to the Sixth Circuit for further consideration in light of its superseding decision in Cutter v. Wilkinson, 125 S.Ct. 2113 (2005). Cutter was decided by the Supreme Court on May 31, 2005 and 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 filed a notice of voluntary dismissal, ending the litigation. 

Summary Authors

Kristen Sagar (8/19/2007)

Liat Sinclair (3/28/2026)

People


Judge(s)

Gibbons, John Joseph (Pennsylvania)

Kemp, Terence Peter (Ohio)

Marbley, Algenon L. (Ohio)

Attorney for Plaintiff
Attorney for Defendant

Campbell, Scott M. (Ohio)

Marti, Todd Robert (Ohio)

Documents in the Clearinghouse

Documents in this case

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

276 F.Supp.2d 811

03-04119

Unpublished Opinion

U.S. Court of Appeals for the Sixth Circuit

July 23, 2004

July 23, 2004

Order/Opinion

108 Fed.Appx. 250

04-00534

Memorandum Decision

Supreme Court of the United States

June 6, 2005

June 6, 2005

Order/Opinion

545 U.S. 1101

59

2:03-cv-00190

Stipulation of Voluntary Dismissal

March 19, 2008

March 19, 2008

Pleading / Motion / Brief

Docket

Last updated March 24, 2025, 8:19 a.m.

ECF Number Date Description Link
1 March 3, 2003

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

PACER
2 March 3, 2003

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

PACER
3 March 3, 2003

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

PACER
March 3, 2003

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

PACER
4 March 27, 2003

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

PACER
5 April 14, 2003

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)

PACER
6 April 15, 2003

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)

PACER
7 May 2, 2003

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)

PACER
8 May 12, 2003

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

PACER
9 May 20, 2003

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)

PACER
10 May 21, 2003

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

PACER
11 May 22, 2003

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

PACER
June 2, 2003

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

PACER
12 June 3, 2003

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

PACER
13 June 3, 2003

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)

PACER
14 June 5, 2003

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

PACER
15 June 6, 2003

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

PACER
June 6, 2003

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

PACER
16 June 12, 2003

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

PACER
June 19, 2003

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

PACER
17 July 3, 2003

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

PACER
18 July 3, 2003

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)

PACER
20 July 11, 2003

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)

PACER
21 July 15, 2003

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

PACER
22 July 23, 2003

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)

PACER
23 July 23, 2003

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

PACER
24 Aug. 7, 2003

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)

Clearinghouse
25 Aug. 15, 2003

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)

PACER
Aug. 15, 2003

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

PACER
Aug. 17, 2003

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

PACER
26 Aug. 26, 2003

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

PACER
27 Sept. 9, 2003

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)

PACER
28 Sept. 12, 2003

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)

PACER
29 Jan. 6, 2004

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)

PACER
30 Feb. 9, 2004

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

PACER
31 March 26, 2004

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

PACER
April 2, 2004

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

PACER
32 April 4, 2004

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)

PACER
33 July 29, 2004

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)

PACER
34 Aug. 30, 2004

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)

PACER
37 Aug. 30, 2004

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)

PACER
36 Sept. 3, 2004

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

PACER
38 Sept. 3, 2004

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

PACER
Sept. 13, 2004

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

PACER
40 June 15, 2005

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)

PACER
41 July 14, 2005

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)

PACER
42 Sept. 9, 2005

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)

PACER
43 Sept. 19, 2005

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

PACER
44 July 12, 2006

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

PACER
45 Oct. 19, 2006

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)

PACER
Jan. 9, 2007

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)

PACER
46 Jan. 11, 2007

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

PACER
47 Jan. 11, 2007

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

PACER
48 Jan. 22, 2007

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

PACER
Jan. 26, 2007

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

PACER
49 Jan. 29, 2007

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)

PACER
50 Jan. 29, 2007

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

PACER
May 3, 2007

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

PACER
51 May 11, 2007

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

PACER
52 May 11, 2007

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)

PACER
53 June 27, 2007

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

PACER
July 5, 2007

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

PACER
54 July 20, 2007

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

PACER
55 Aug. 15, 2007

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

PACER
56 Aug. 16, 2007

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

PACER
57 Aug. 16, 2007

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)

PACER
58 Sept. 18, 2007

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)

PACER
Sept. 18, 2007

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

PACER
59 March 19, 2008

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

Clearinghouse
March 3, 2011

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

PACER

Case Details

State / Territory:

Ohio

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 3, 2003

Closing Date: March 19, 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

State

Madison Correctional Institute

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

Other Dockets:

Southern District of Ohio 2:03-cv-00190

U.S. Court of Appeals for the Sixth Circuit 03-04119

Supreme Court of the United States 04-534

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Religious programs / policies

Affected Race(s):

American Indian/Alaskan Native

Affected Religion(s):

Other/Unspecified

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Recommended Citation