Case: Cutter v. Wilkinson

2:97-cv-00382 | U.S. District Court for the Southern District of Ohio

Filed Date: April 3, 1997

Closed Date: 2009

Clearinghouse coding complete

Case Summary

Beginning on April 3, 1997, three prisoners in the state of Ohio filed separate lawsuits in the U.S. District Court for the Southern District of Ohio under 42 U.S.C. § 1983 against the Ohio Department of Corrections. Each of the plaintiffs claimed that his constitutional right to practice his religion, which was protected by the newly enacted Religious Land Use and Institutionalized Persons Act (RLUIPA), had been violated during his incarceration. The defendants argued that RLUIPA was unconst…

Beginning on April 3, 1997, three prisoners in the state of Ohio filed separate lawsuits in the U.S. District Court for the Southern District of Ohio under 42 U.S.C. § 1983 against the Ohio Department of Corrections. Each of the plaintiffs claimed that his constitutional right to practice his religion, which was protected by the newly enacted Religious Land Use and Institutionalized Persons Act (RLUIPA), had been violated during his incarceration. The defendants argued that RLUIPA was unconstitutional, exceeding Congress' powers under either the Spending Clause or the Commerce Clause of the Constitution. The three cases (Gerhardt v. Lazaroff, Hampton v. Wilkinson, and Miller v. Wilkinson) were consolidated at the request of the defendants for the purpose of ruling on the constitutionality of RLUIPA. On March 14, 2001, the U.S. Attorney General's Office was granted permission to intervene in the case as a plaintiff to defend the constitutionality of RLUIPA. Ohio State University College of Law represented the plaintiffs.

On February 25, 2002, the U.S. District Court for the Southern District of Ohio (Judge Edmund A. Sargus and Judge James L. Graham) denied the defendants' motion to dismiss the complaint, holding that: 1) Congress's condition that states which received federal funds for prison activities or programs had to comply with RLUIPA was a proper exercise of Congressional power under the Spending Clause; 2) that this condition did not violate the Establishment Clause; 3) that the state was not immune from this lawsuit under the Tenth Amendment; and 4) that the state had waived its Eleventh Amendment immunity. Gerhardt v. Lazaroff, 221 F.Supp.2d 827 (S.D.Ohio 2002). The defendants appealed.

On November 7, 2003, the U.S. Court of Appeals for the Sixth Circuit (Judge Karen Nelson Moore, Judge Ronald Lee Gilman, and Judge Arthur J. Tarnow) reversed the district court's judgment and remanded the case, holding that the provision in RLUIPA which is applicable to institutionalized persons, prohibiting the government from imposing a substantial burden on prisoners' exercise of religion unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means, violated the Establishment Clause. Cutter v. Wilkinson, 349 F.3d 257 (6th Cir. 2003). The plaintiffs appealed, and on October 12, 2004, the U.S. Supreme Court granted the petition for writ of certiorari. Cutter v. Wilkinson, 125 S.Ct. 308 (2004).

On May 31, 2005, the U.S. Supreme Court unanimously reversed the judgment of the Sixth Circuit, holding that RLUIPA's institutionalized-persons provision was a constitutionally permissible exercise of Congress' power under the Spending Clause. The Court then remanded the case back to the circuit court for consideration of the merits of each individual claim. Cutter v. Wilkinson, 125 S.Ct. 2113 (2005).

On September 13, 2005, the U.S. Court of Appeals for the Sixth Circuit (Judge Moore, Judge Gilman, and Judge Tarnow) affirmed the original judgment of the district court, holding that RLUIPA was constitutional under the Spending Clause, the Establishment Clause, and the Tenth Amendment. The circuit court then remanded the case back to the district court for further proceedings. Cutter v. Wilkinson, 423 F.3d 579 (6th Cir. 2005).

Litigation continued, and in 2009, the parties moved to conditionally dismiss the case because they reached a settlement agreement. The parties reopened the case while they worked out the language of the agreement, though there seemed to be no dispute of the content of the agreement. The settlement agreement remained private, though it seems that the defendants issued a settlement check to the plaintiffs, according to a joint motion filed by the parties to reopen the case.

Summary Authors

Kristen Sagar (8/19/2007)

Maurice Youkanna (8/1/2014)

People


Judge(s)

Gilman, Ronald Lee (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Graham, James L. (Ohio)

Kemp, Terence Peter (Ohio)

Moore, Karen Nelson (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Goldberger, David A. (Ohio)

Raab, Michael S. (District of Columbia)

Urban, Jennifer L. (Ohio)

Judge(s)

Gilman, Ronald Lee (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Graham, James L. (Ohio)

Kemp, Terence Peter (Ohio)

Moore, Karen Nelson (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Goldberger, David A. (Ohio)

Raab, Michael S. (District of Columbia)

Urban, Jennifer L. (Ohio)

Wolman, Benson (Ohio)

Attorneys(s) for Defendant

Angell, Robert C. (Ohio)

Cannon, Marci L. (Ohio)

Carney, Stephen P. (Ohio)

Cole, Douglas Russell (Ohio)

Crawford, Franklin E. (Ohio)

Hirt, Theodore C. (District of Columbia)

King, Philip A. (Ohio)

Marti, Todd Robert (Ohio)

Paoletti, Paula Luna (Ohio)

Petro, Jim (Ohio)

Other Attorney(s)

Clement, Paul D. (District of Columbia)

Keisler, Peter D. (District of Columbia)

Millett, Patricia A. (District of Columbia)

Stern, Marc (District of Columbia)

Todd, James Dale (Tennessee)

Waldman, Joshua (District of Columbia)

Documents in the Clearinghouse

Document

2:97-cv-00382

Docket (PACER)

Hampton v. Wilkinson

Aug. 6, 2009

Aug. 6, 2009

Docket
131

2:97-cv-00382

95-00517

98-00275

Opinion and Order

Gerhardt v. Lazaroff

Feb. 25, 2002

Feb. 25, 2002

Order/Opinion

02-03270

02-03301

02-03299

Opinion

U. S. Court of Appeals for the Sixth Circuit

Nov. 7, 2003

Nov. 7, 2003

Order/Opinion

03-09877

Memorandum Decision

Supreme Court of the United States

Oct. 12, 2004

Oct. 12, 2004

Order/Opinion

2:97-cv-00382

03-09877

Brief of Americans United for Separation of Church and State and the ACLU as Amici Curiae in Support of Petitioners

Supreme Court of the United States

Dec. 15, 2004

Dec. 15, 2004

Pleading / Motion / Brief

2:97-cv-00382

03-09877

Brief Amicus Curiae of the Coalition for the Free Exercise of Religion

Supreme Court of the United States

Dec. 20, 2004

Dec. 20, 2004

Pleading / Motion / Brief
145

03-09877

Opinion

Supreme Court of the United States

Feb. 28, 2005

Feb. 28, 2005

Order/Opinion

03-09877

Opinion

Supreme Court of the United States

May 31, 2005

May 31, 2005

Order/Opinion
149

2:97-cv-00382

02-03270

Opinion [United States Court of Appeals for the Sixth Circuit]

U. S. Court of Appeals for the Sixth Circuit

Sept. 14, 2005

Sept. 14, 2005

Order/Opinion

Resources

Docket

Last updated Sept. 1, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

MOTION by plaintiff to proceed in forma pauperis () (bw) (Entered: 04/03/1997)

April 3, 1997

April 3, 1997

2

ORDER by Mag Abel granting pltfs motion to proceed in forma pauperis [1−1] and ordering payment of the full filing fee in payments. (cc: all counsel) () (bw) (Entered: 04/03/1997)

April 3, 1997

April 3, 1997

3

COMPLAINT (referred to Mag. Judge Mark R. Abel ) () (bw) (Entered: 04/03/1997)

April 3, 1997

April 3, 1997

4

MOTION by plaintiff Lee for preliminary injunction () (bw) (Entered: 04/03/1997)

April 3, 1997

April 3, 1997

5

RETURN OF SERVICE executed upon defendant Reginald A Wilkinson on 4−8−97, defendant David Schwartz on 4−10−97, defendant Nicholas G Menedez, defendant L C Coval on 4−8−97, defendant K L Brown, defendant and George D Alexander on 4/9/97 () (bw) (Entered: 04/18/1997)

April 17, 1997

April 17, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 15.77, receipt # 205932. (bw) (Entered: 04/23/1997)

April 21, 1997

April 21, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 10.44, receipt # 205933. (bw) (Entered: 04/23/1997)

April 21, 1997

April 21, 1997

6

RETURN OF SERVICE executed upon defendant Dianne Walker on 4−17−97, defendant Jim Erwin, defendant Walter Lowery on 4−15−97 and Ron Carnein on 4/21/97 () (bw) (Entered: 04/28/1997)

April 25, 1997

April 25, 1997

6

RETURN OF SERVICE unexecuted − attempted as to defendant Rudy Pringle () (bw) (Entered: 04/28/1997)

April 25, 1997

April 25, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 10.27, receipt # 206246. (bw) (Entered: 05/15/1997)

May 14, 1997

May 14, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 13.17, receipt # 206245. (bw) (Entered: 05/15/1997)

May 14, 1997

May 14, 1997

7

MOTION by plaintiff for sanctions and order () (bw) (Entered: 05/19/1997)

May 16, 1997

May 16, 1997

8

MOTION by defendant to dismiss for failure of pltf. to comply with the PLRA and motion to stay proceedings () (bw) (Entered: 05/27/1997)

May 23, 1997

May 23, 1997

9

RENEWED MOTION by plaintiff for temporary restraining order () (bw) (Entered: 06/04/1997)

June 3, 1997

June 3, 1997

10

RESPONSE by plaintiff to motion to dismiss for failure of pltf. to comply with the PLRA and motion to stay proceedings [8−1] () (bw) (Entered: 06/04/1997)

June 3, 1997

June 3, 1997

12

REPORT AND RECOMMENDATION by Mag. Judge Mark R. Abel that motion to dismiss for failure of pltf. to comply with the PLRA be Granted [8−1]. NOTICE: Parties have 10 days to file objections (cc: all counsel) () (bw) (Entered: 06/13/1997)

June 12, 1997

June 12, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 10.97, receipt # 206683. (bw) (Entered: 06/20/1997)

June 16, 1997

June 16, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 13.79, receipt # 206725. (bw) (Entered: 06/20/1997)

June 17, 1997

June 17, 1997

13

Appendix submitted by plaintiff () (bw) (Entered: 06/20/1997)

June 19, 1997

June 19, 1997

14

MOTION by plaintiff to amend the motion to TRO () (bw) (Entered: 06/20/1997)

June 19, 1997

June 19, 1997

15

REPLY by plaintiff to response to motion for sanctions and order [7−1] () (bw) (Entered: 06/20/1997)

June 19, 1997

June 19, 1997

16

MOTION by plaintiff to supplement the original affidavit of Jim Erwin ( no pgs: ) (bw) (Entered: 06/20/1997)

June 19, 1997

June 19, 1997

17

OBJECTIONS by plaintiff to Report and Recommendation [12−1] () (bw) (Entered: 06/24/1997)

June 20, 1997

June 20, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 13.80, receipt # 207092. (bw) (Entered: 07/22/1997)

July 15, 1997

July 15, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 9.89, receipt # 207089. (bw) (Entered: 07/22/1997)

July 15, 1997

July 15, 1997

18

RECEIPT # 200 207536 in the amount of $ 12.17 (wh) (Entered: 08/15/1997)

Aug. 13, 1997

Aug. 13, 1997

19

RECEIPT # 200 207538 in the amount of $ 15.74 (wh) (Entered: 08/15/1997)

Aug. 13, 1997

Aug. 13, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 2.73, receipt # 207985. (bw) (Entered: 09/22/1997)

Sept. 18, 1997

Sept. 18, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 16.18, receipt # 207984. (bw) (Entered: 09/22/1997)

Sept. 18, 1997

Sept. 18, 1997

20

ORDER by Judge James L. Graham denying pltf motion/ objection [17−1] for reconsideration in part and granting it in part. (cc: all counsel) ( no pgs: 8) (bw) (Entered: 10/15/1997)

Oct. 15, 1997

Oct. 15, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 2.85, receipt # 208364. (bw) (Entered: 10/17/1997)

Oct. 17, 1997

Oct. 17, 1997

21

ORDER by Judge James L. Graham denying pltfs motions for temporary restraining order [9−1], for preliminary injunction [4−1] to amend the motion to TRO [14−1] and for sanctions and order [7−1] granting defts motion to supplement the original affidavit of Jim Erwin [16−1] Discovery ddl set on 1/30/98 and Mtn filing ddl set on 3/2/98 (cc: all counsel) ( no pgs: 1) (bw) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 10/97, receipt # 208577. (bw) (Entered: 11/06/1997)

Nov. 5, 1997

Nov. 5, 1997

22

NOTICE by plaintiffs J Lee Hampton and Cutter of submission of amended complaint (bw) (Entered: 11/18/1997)

Nov. 14, 1997

Nov. 14, 1997

23

AMENDED COMPLAINT by plaintiffs (bw) (Entered: 11/18/1997)

Nov. 14, 1997

Nov. 14, 1997

24

ATTORNEY SUBSTITUTION: terminating attorney Paula Luna Paoletti for Reginald A Wilkinson, et al and substituting attorney Robert C Angell () (bw) (Entered: 11/19/1997)

Nov. 18, 1997

Nov. 18, 1997

25

Supplemental Appendix by plaintiff J Lee Hampton () (bw) (Entered: 11/20/1997)

Nov. 19, 1997

Nov. 19, 1997

27

MOTION by plaintiffs Jon B Cutter and J Lee Hampton for discovery and sanctions () (bw) (Entered: 02/19/1998)

Feb. 18, 1998

Feb. 18, 1998

28

MOTION by defendant to extend time to file a case depositive motion () (bw) (Entered: 03/04/1998)

March 2, 1998

March 2, 1998

28

RESPONSE by defendant to motion for discovery and sanctions [27−1] () (bw) (Entered: 03/04/1998)

March 2, 1998

March 2, 1998

29

ATTORNEY SUBSTITUTION: terminating attorney Robert C Angell for Walter Lowery, Rudy Pringle, Ron Carnein, Jim Erwin, Dianne Walker, George D Alexander, K L Brown, L C Coval, Nicholas G Menedez, David Schwartz and Reginald A Wilkinson and substituting attorney Marci L Cannon () (bw) (Entered: 03/04/1998)

March 2, 1998

March 2, 1998

30

REPLY by defendant re [27−1] the motion for discovery and request for sanctions (bw) (Entered: 03/09/1998)

March 6, 1998

March 6, 1998

31

ORDER by Mag. Judge Mark R. Abel granting defts motion to extend time to file a case depositive motion [28−1] (cc: all counsel) ( no pgs: 1) (bw) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

32

REPLY by plaintiff to response to motion for discovery and sanctions [27−1] () (bw) (Entered: 03/13/1998)

March 12, 1998

March 12, 1998

33

MOTION by defendants for summary judgment () (bw) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

34

MOTION by defendant to supplement Affidavit of Darlene Smith ( no pgs: ) (bw) (Entered: 03/25/1998)

March 24, 1998

March 24, 1998

35

MOTION by plaintiff J Lee Hampton to extend time to respond to dft's msumjgm ( no pgs: 1) (gk) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

36

RESPONSE by defendant to motion to extend time to respond to dft's m sumjgm [35−1] () (bw) (Entered: 04/29/1998)

April 28, 1998

April 28, 1998

37

ORDER by Mag. Judge Mark R. Abel denying motion to extend time to respond to dft's msumjgm [35−1] indefinitely. Pltf to respond by 6−5−98. (cc: all counsel) no pgs: 1) (bw) (Entered: 05/04/1998)

May 1, 1998

May 1, 1998

38

RESPONSE by plaintiff J Lee Hampton to [36−1] () (bw) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

39

MOTION by plaintiff J Lee Hampton to waive LR 7.2 limitation () (bw) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

40

RESPONSE by plaintiff J Lee Hampton to motion for summary judgment [33−1] () (bw) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

40

Limited Cross Motion by plaintiff J Lee Hampton for summary judgment ( no pgs: ) (bw) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

41

NOTICE by plaintiff J Lee Hampton of submission of exhibits #49−75 (bw) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

42

NOTICE of change of address by plaintiff J Lee Hampton () (bw) (Entered: 06/09/1998)

June 4, 1998

June 4, 1998

43

MOTION by plaintiff J Lee Hampton for temporary restraining order () (bw) (Entered: 06/16/1998)

June 12, 1998

June 12, 1998

44

RESPONSE by defendant to motion for temporary restraining order [43−1] (bw) (Entered: 06/30/1998)

June 29, 1998

June 29, 1998

44

MOTION by defendant to dismiss pltfs requests for injunctive and declaratory relief () (bw) (Entered: 06/30/1998)

June 29, 1998

June 29, 1998

45

RESPONSE by J Lee Hampton to motion to dismiss pltfs requests for injunctive and declaratory relief [44−1] (no pgs: 3) (wh) (Entered: 07/14/1998)

July 13, 1998

July 13, 1998

47

MOTION by defendant to compel payment of full filing fees ( no pgs: n) (bw) (Entered: 10/05/1998)

Oct. 2, 1998

Oct. 2, 1998

48

MOTION by defendant to extend time to file dispositive motions () (bw) (Entered: 10/05/1998)

Oct. 2, 1998

Oct. 2, 1998

48

ATTORNEY SUBSTITUTION: terminating attorney Marci L Cannon for Walter Lowery, Ron Carnein, Jim Erwin, George D Alexander, Nicholas G Menedez, Reginald A Wilkinson, Jon B Cutter and substituting attorney Todd Robert Marti () (bw) (Entered: 10/05/1998)

Oct. 2, 1998

Oct. 2, 1998

49

ORDER by Mag. Judge Mark R. Abel ; Mtn filing ddl extended to 1/8/99 (cc: all counsel) ( no pgs: 1) (bw) (Entered: 10/13/1998)

Oct. 8, 1998

Oct. 8, 1998

50

RESPONSE by plaintiff J Lee Hampton to motion to compel payment of full filing fees [47−1] () (bw) (Entered: 10/16/1998)

Oct. 15, 1998

Oct. 15, 1998

51

ORDER by Mag. Judge Mark R. Abel −denying motion to compel payment of full filing fees [47−1] (cc: all counsel) (no pgs: 5) (wh) (Entered: 10/29/1998)

Oct. 27, 1998

Oct. 27, 1998

52

NOTICE of change of address by plaintiff J Lee Hampton () (bw) (Entered: 12/22/1998)

Dec. 22, 1998

Dec. 22, 1998

53

SECOND MOTION by defendant for summary judgment () (bw) (Entered: 01/11/1999)

Jan. 8, 1999

Jan. 8, 1999

54

RESPONSE by plaintiff J Lee Hampton to motion for summary judgment [53−1] () (bw) (Entered: 01/26/1999)

Jan. 25, 1999

Jan. 25, 1999

55

MOTION by defendant to extend time to file a reply memo () (bw) (Entered: 02/17/1999)

Feb. 17, 1999

Feb. 17, 1999

56

ORDER by Mag. Judge Mark R. Abel granting motion to extend time thirty days for deft to file a reply memo [55−1] (cc: all counsel) () (bw) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

57

ORDER by Judge James L. Graham granting in part and denying part motion for summary judgment [53−1] by defendants (cc: all counsel) ( no pgs: 16) (gk) (Entered: 09/10/1999)

Sept. 10, 1999

Sept. 10, 1999

58

ORDER by Mag. Judge Mark R. Abel finding the motion to extend time to file dispositive motions [48−1] moot. (cc: all counsel) () (bw) (Entered: 09/23/1999)

Sept. 22, 1999

Sept. 22, 1999

59

MOTION by defendant for reconsideration of order [57−1] ( no pgs: n) (bw) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

60

MOTION by plaintiff for Rule 11 sanctions () (bw) (Entered: 10/07/1999)

Oct. 6, 1999

Oct. 6, 1999

61

RESPONSE by plaintiff to motion for reconsideration of order [57−1] [59−1] () (bw) (Entered: 10/07/1999)

Oct. 6, 1999

Oct. 6, 1999

62

RESPONSE by defendant to motion for Rule 11 sanctions [60−1] (bw) (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

63

ORDER by Judge James L. Graham denying ltfs motion for Rule 11 sanctions [60−1] and denying defts motion for reconsideration of order [57−1] [59−1] (cc: all counsel) ( no pgs: 8) (bw) (Entered: 11/29/1999)

Nov. 29, 1999

Nov. 29, 1999

64

ORDER by Mag. Judge Mark R. Abel parties have 15 days to file status reports. (cc: all counsel) ( no pgs: 1) (bw) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

66

STATUS REPORT by plaintiff J Lee Hampton () (bw) (Entered: 02/28/2000)

Feb. 25, 2000

Feb. 25, 2000

67

MOTION by plaintiff for order re: housing arrangement before trial () (bw) (Entered: 02/29/2000)

Feb. 25, 2000

Feb. 25, 2000

68

SCHEDULING ORDER by Mag. Judge Mark R. Abel ; Discovery ddl set for 9/29/00 ; Mtn filing ddl set for 10/31/00 (cc: all counsel) ( no pgs: 7) (bw) (Entered: 05/15/2000)

May 15, 2000

May 15, 2000

69

MOTION by plaintiff J Lee Hampton for formal discovery order () (bw) (Entered: 07/13/2000)

July 12, 2000

July 12, 2000

70

ORDER by Mag. Judge Mark R. Abel denying motion for order re: housing arrangement before trial [67−1] (cc: all counsel) ( no pgs: 2) (bw) (Entered: 07/18/2000)

July 18, 2000

July 18, 2000

71

RESPONSE by defendant to motion for formal discovery order [69−1] () (bw) (Entered: 08/07/2000)

Aug. 3, 2000

Aug. 3, 2000

72

ORDER by Mag. Judge Mark R. Abel granting motion for formal discovery order [69−1] (cc: all counsel) ( no pgs: 2) (bw) (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

73

NOTICE OF TRIAL: Jury Trial set for 9:00 on 1/22/01 (cc: all counsel) () (bw) (Entered: 09/29/2000)

Sept. 29, 2000

Sept. 29, 2000

74

MOTION by plaintiff J Lee Hampton for appointment of counsel () (bw) (Entered: 10/19/2000)

Oct. 17, 2000

Oct. 17, 2000

75

STATUS CONFERENCE ORDER by Mag. Judge Mark R. Abel pltfs have 14 days to file an amended complaint. (cc: all counsel) () (bw) (Entered: 10/19/2000)

Oct. 19, 2000

Oct. 19, 2000

76

NOTICE Telephonic Final pretrial conf at 10:00 on 1/12/01 to be initiated by Todd Marti of the OAG office (cc: all counsel) (bw) (Entered: 10/23/2000)

Oct. 23, 2000

Oct. 23, 2000

77

SECOND AMENDED COMPLAINT by plaintiff J Lee Hampton () (bw) (Entered: 10/31/2000)

Oct. 31, 2000

Oct. 31, 2000

78

PARTIAL MOTION by defendant to dismiss () (bw) (Entered: 11/15/2000)

Nov. 15, 2000

Nov. 15, 2000

79

ORDER by Mag. Judge Mark R. Abel granting motion for appointment of counsel [74−1] for pltfs Cutter and Hampton. (cc: all counsel) ( no pgs: 1) (bw) (Entered: 11/21/2000)

Nov. 21, 2000

Nov. 21, 2000

80

SCHEDULING ORDER by Mag. Judge Mark R. Abel counsel to report to Mag Abel by 12−8−00. (cc: all counsel) ( no pgs: 1) (bw) (Entered: 11/21/2000)

Nov. 21, 2000

Nov. 21, 2000

81

ORDER by Mag. Judge Mark R. Abel a telephone status conference will be held on 1−16−01 at 4:00. (cc: all counsel) ( no pgs: 2) (bw) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

82

NOTICE Trial continued to 9:00 on 5/14/01 and the Final pretrial conf continued to 9:00 on 4/13/01 (cc: all counsel) (bw) Modified on 01/09/2001 (Entered: 01/09/2001)

Jan. 9, 2001

Jan. 9, 2001

83

SCHEDULING ORDER by Mag. Judge Mark R. Abel (cc: all counsel) ( no pgs: 1) (bw) (Entered: 01/18/2001)

Jan. 18, 2001

Jan. 18, 2001

84

NOTICE by potential intervenor USA of constitutional challenge to an act of congress and MOTION to continue deadline to file responseive briefs to defts partial motion to dismiss (bw) (Entered: 01/30/2001)

Jan. 29, 2001

Jan. 29, 2001

85

ORDER by Judge James L. Graham granting continuance of time for Potential Intevenor USA to file response briefs by 3−9−01. (cc: all counsel) () (bw) (Entered: 02/07/2001)

Feb. 7, 2001

Feb. 7, 2001

86

MOTION by plaintiff to extend time to respond to the motion to dismiss by defts by 3−19−01 () (bw) (Entered: 03/07/2001)

March 7, 2001

March 7, 2001

87

ORDER by Judge James L. Graham granting motion to extend time to respond to the motion to dismiss by defts by 3−19−01 [86−1] (cc: all counsel) ( no pgs: 1) (sh)

March 8, 2001

March 8, 2001

Case Details

State / Territory: Ohio

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 3, 1997

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prisoners alleging that each prisoner was denied right to practice his religion due to unwarranted concerns about security in violation of Religious Land Use and Institutionalized Persons Act

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ohio Department of Corrections, State

Defendant Type(s):

Corrections

Jurisdiction-wide

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):

Establishment Clause

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Religious programs / policies

Affected Gender:

Male

Type of Facility:

Government-run