Case: Moeller v. Bradford County

3:05-cv-00334 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Feb. 17, 2005

Clearinghouse coding complete

Case Summary

On February 17, 2005, six named plaintiffs represented by attorneys with the ACLU of Pennsylvania and the Americans United for Separation of Church and State filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Middle District of Pennsylvania, challenging the practices of the Firm Foundation of America, a prison ministry organization, at the Bradford County Correctional Facility. Five of the plaintiffs were taxpaying residents of the county and …

On February 17, 2005, six named plaintiffs represented by attorneys with the ACLU of Pennsylvania and the Americans United for Separation of Church and State filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Middle District of Pennsylvania, challenging the practices of the Firm Foundation of America, a prison ministry organization, at the Bradford County Correctional Facility. Five of the plaintiffs were taxpaying residents of the county and the sixth, also a county resident, was a former prisoner-participant in a vocational program operated by Firm Foundation at the correctional facility. Plaintiffs alleged that public funding (federal, state and local) of the prison vocational program run by the Firm Foundation violated the Establishment Clause of the First Amendment to the United States Constitution, and state law, as the Firm Foundation proselytized inmates in its specific Christian beliefs. Named as defendants were the Firm Foundation, Bradford County, a state commission director, and the U.S. Department of Justice. Plaintiffs sought declaratory and injunctive relief, as well as nominal damages, recoupment of public funds, and reimbursement of costs and attorneys' fees. Defendants denied all allegations and moved to dismiss the case for failure to state a claim and for lack of jurisdiction. The case was assigned to District Court Judge James M. Munley, who referred certain issues to Magistrate Judge Thomas M. Blewitt.

After Magistrate Judge Blewitt issued his report and recommendation, the District Court (Judge Munley) dismissed (1) the state law claims for damages against the Firm Foundation, and (2) Plaintiffs' claim for injunctive relief as to all future Department of Justice grants. All other claims survived, as sufficient to state a claim upon which relief could be granted. Moeller v. Bradford County, 2006 WL 319288 (M.D. Pa. Feb. 10, 2006).

The County then moved for judgment on the pleadings. The District Court (Judge Munley) denied the motion, finding that: (1) the court had jurisdiction over claims seeking injunctive and declaratory relief based upon allegations that payments to religious organizations violated state constitution; (2) claim was stated that county violated Establishment Clause; (3) claim was stated that county engaged in employment discrimination based on religion; (4) taxpayers had standing to sue; and (5) claim was stated that county was engaged in employment discrimination. Moeller v. Bradford County, 444 F. Supp.2d 316 (M.D. Pa. 2006).

On December 27, 2006, the County moved to stay all proceedings in this case until the United States Supreme Court decided the case of Freedom From Religion Foundation v. Chao, 433 F.3d 989 (7th Cir.2006), cert. granted sub nom. Hein v. Freedom From Religion Foundation, ---U.S. ----, 127 S.Ct. 722, 166 L.Ed.2d 559 (2006). The Court (Magistrate Judge Blewitt) refused to grant a stay, saying the impact of a decison in Hein and its' timing were too speculative. Moeller v. Bradford County, 2007 WL 431889 (M.D. Pa. Feb 05, 2007).

Shortly thereafter, the plaintiffs and the County settled the case. On April 4, 2007, Judge Munley entered a Consent Order, under which the County agreed that any public funds the County paid to any entity would not be used to support any religious activities and that the County's contracts would contain restrictive statements to that effect. The County agreed to monitor any faith-based funded entity that provided services to the County, such as the Firm Foundation, to assure that (1) public funds were kept separate and not used for any religious activity; (2) the entity did not attempt to pressure recipients of the public funded program into participating in religious activities; (3) the entity did not discriminate on the basis of religious beliefs; and (4) if the entity offered any religious programs, they were kept separate (in time and space) from the public funded programs. Under the consent order, the County would not have to pay plaintiffs' attorneys' fees if compliant with the order for at least two years. The court reserved jurisdiction over the case, in the event future enforcement of the order became necessary.

We have no information indicating post-settlement activity in this case.

Summary Authors

Dan Dalton (2/5/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4680920/parties/moeller-v-bradford-county/


Judge(s)

Blewitt, Thomas M. (Pennsylvania)

Munley, James Martin (Pennsylvania)

Attorneys(s) for Plaintiff

Bennett, Alexander E. (District of Columbia)

Chow, Yue-Han (New York)

Garnick, Murray R. (District of Columbia)

Johnston, Elta Lea (New York)

Katskee, Richard B. (District of Columbia)

Kelly, Bruce (New York)

Khan, Ayesha N. (District of Columbia)

Knudsen, Paula Kay (Pennsylvania)

Judge(s)

Blewitt, Thomas M. (Pennsylvania)

Munley, James Martin (Pennsylvania)

Attorneys(s) for Plaintiff

Bennett, Alexander E. (District of Columbia)

Chow, Yue-Han (New York)

Garnick, Murray R. (District of Columbia)

Johnston, Elta Lea (New York)

Katskee, Richard B. (District of Columbia)

Kelly, Bruce (New York)

Khan, Ayesha N. (District of Columbia)

Knudsen, Paula Kay (Pennsylvania)

Knudsen Burke, Paula K (Pennsylvania)

Kuhn, Daniel M. (New York)

Ladun, Kathy A. (District of Columbia)

Luchenitser, Alexander Joseph (District of Columbia)

Roper, Mary Catherine (Pennsylvania)

Truman, Alicia A. (District of Columbia)

Turnell, Matthew R. (District of Columbia)

Walczak, Witold J. (Pennsylvania)

Attorneys(s) for Defendant

Aden, Steven H. (Virginia)

Brown, Leonard G. (Pennsylvania)

Clark, Jennifer (Pennsylvania)

Coppolino, Anthony J. (District of Columbia)

Crain, Larry L. (Tennessee)

Donohue, Michael J. (Pennsylvania)

Foerster, Amy C. (Pennsylvania)

Harvey, Michael L. (Pennsylvania)

Kelhoffer, Elizabeth J. (District of Columbia)

Lloyd, Linda S. (Pennsylvania)

Mattox, M. Casey (Virginia)

McCarthy, Vincent (Connecticut)

Tracey, Timothy J. (Virginia)

Wenberg, Kristina J. (Virginia)

Documents in the Clearinghouse

Document

3:05-cv-00334

Docket (PACER)

June 13, 2007

June 13, 2007

Docket
1

3:05-cv-00334

Complaint

Feb. 17, 2005

Feb. 17, 2005

Complaint
111

3:05-cv-00334

Memorandum

2006 WL 319288

Feb. 10, 2006

Feb. 10, 2006

Order/Opinion
132

3:05-cv-00334

Memorandum

444 F.Supp.2d 316

Aug. 10, 2006

Aug. 10, 2006

Order/Opinion
161

3:05-cv-00334

Opinion

2007 WL 431889, 2007 U.S.Dist.LEXIS 7965

Feb. 5, 2007

Feb. 5, 2007

Order/Opinion
172

3:05-cv-00334

Consent Order

April 4, 2007

April 4, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4680920/moeller-v-bradford-county/

Last updated Aug. 24, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
89

REPORT AND RECOMMENDATION: IT IS RECOMMENDED that the FF deft's motion to dismiss (Doc 23) be granted in part and be denied in part. It is recommended that deft's motion be granted with respect to the dismissal of plfs' claims under t he Pa Constitution (Counts two and three). It is also recommended that deft's motion to dismiss as moot plf Thurston's claims for declaratory judgment and injunctive relief be granted. It is recommended that deft's motion to dismiss pl fs' (including Plf Thurston) claim for nominal damages be denied. Further, it is recommended that deft's motion be denied with respect to plfs' Sec1983 claim (Count one). It is also recommended that this case be remanded to the undersi gned for further proceedings, including the direction of Deft FF to file an Answer to the complaint, for scheduling of a Joint Case Mgm confr (after Defendant Gonzalez's Summary Judgment Motion is disposed of) and for discovery. NOTICE; Exceptions to be filed within l0 days. Objections to R&R due by 11/7/2005Signed by Judge Thomas M. Blewitt on 10/20/05. (jb, )

Oct. 20, 2005

Oct. 20, 2005

RECAP
1

COMPLAINT against Bradford County, Carl J. Anderson, Alberto Gonzales, The Firm Foundation of America ( Filing fee $250, Receipt Number 333 100436), filed by Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller. (Attachments: # 1 Civil Cover Sheet)(mg, ) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

93

REPORT AND RECOMMENDATION: IT IS RECOMMENDED that Deft Gonzales' Motion to Dismiss (Doc 24) be granted with respect to plfs' funding claim and that this deft be dismissed based on lack of subject matter jurisdiction to address the merits of plfs' funding claim as against him. It is recommended that deft Gonzales' Motion to dismiss plfs'monitoring claim for lack of standing be denied. It is also recommended that deft's Motion be granted with respect to the dismissal of plfs' request for prospective injunctive relief to require deft to monitor all DOJ grants awarded to faith-based organizations. (Doc 1, Par 72.). It is further recommended that deft Gonzales' summary judgment motion with respect to plfs ' monitoring claim and alleged violation of the Establishment Clause be denied without prejudice to re-file it after discovery. Finally, it is recommended that this case be remanded to the undersigned for further proceedings, including the sched uling of a Joint Case Mgm Confr (after defts FF and Gonzales file their Answers to the Complaint) and for discovery. NOTICE; Exceptions to be filed within l0 days. Objections to R&R due by 11/21/2005Signed by Judge Thomas M. Blewitt on 11/3/05. (jb, )

Nov. 3, 2005

Nov. 3, 2005

RECAP

Summons Issued as to Bradford County, Carl J. Anderson, Alberto Gonzales, The Firm Foundation of America and provided to attorney Witold J. Walczak for service on Defendant(s). (mg, ) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

111

MEMORANDUM and ORDER GRANTING in part and DENYING in part Firm's 23 Motion to Dismiss; GRANTING in part and DENYING in part 24 Gonzalez's Motion to Dismiss; ADOPTING 89 Report and Recommendation; and ADOPTING 93 Report and Recommendation as Objection 97 is sustained. Case is REMANDED to MJ Blewitt for further proceedings.Signed by Judge James M. Munley on 2/10/06 (sm, )

Feb. 10, 2006

Feb. 10, 2006

RECAP
2

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Richard B. Katskee on behalf of plaintiffs Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston and Jane Moeller. ( Filing fee $25, Receipt Number 111 142753) (jc) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

113

REPORT AND RECOMMENDATIONS THAT the BC deft's Motion for Judgment on the Pleadings 101 be granted in part and denied in part. It is recommended that deft's Motion be granted with respect to pltfs' claims under the PA Constitution (Co unts Two and Three). It is also recommended that deft's Motion as to the mootness of pltf Thurston's claims for declaratory judgment and injunctive relief be granted. Further, it is recommended that deft's Motion be denied with respect to pltfs' 1983 claim (Count One), violation of the Establishment Clause. It is recommended that deft's Motion be denied with respect to pltfs' religious employment discrimination claim under the Establishment Clause. It is also reco mmended that this case be remanded to the undersigned for further proceedings, including the scheduling of a Joint Case Mgmt Conf and setting deadlines for discovery, etc. Objections to R&R due by 3/10/2006Signed by Judge Thomas M. Blewitt on 2/24/06. (ao, )

Feb. 24, 2006

Feb. 24, 2006

RECAP
3

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Alex J. Luchenitser on behalf of plaintiffs Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller. ( Filing fee $25, Receipt Number 111 142753) (jc) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

4

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ayesha Khan on behalf of plaitniffs Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller. ( Filing fee $25, Receipt Number 111 142753) (jc) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

132

MEMORANDUM and ORDER ADOPTING in part and DECLINING in part the report and recommendation of Magistrate Judge Blewitt; SUSTAINING pltfs' objection 118 ; OVERRULING dft Bradford County's objections; REMANDING to MJ Blewitt for further disposition.Signed by Judge James M. Munley on 8/10/06 (sm, )

Aug. 10, 2006

Aug. 10, 2006

RECAP
5

NOTICE of Appearance by Michael J. Donohue on behalf of Bradford County. (Donohue, Michael) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

7

SPECIAL ADMISSIONS FORM APPROVED as to Richard B. KatskeeSigned by Judge Thomas M. Blewitt on 3/2/05. (jb, ) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

8

SPECIAL ADMISSIONS FORM APPROVED as to Ayesha N. Khan.Signed by Judge Thomas M. Blewitt on 3/2/05. (jb, ) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

10

NOTICE of Appearance by Michael J. Donohue on behalf of Bradford County. (Donohue, Michael) (Entered: 03/15/2005)

March 15, 2005

March 15, 2005

11

NOTICE of Appearance by Anthony J. Coppolino on behalf of Alberto Gonzales (Coppolino, Anthony) (Entered: 03/16/2005)

March 16, 2005

March 16, 2005

12

NOTICE of Appearance by Leonard G. Brown on behalf of The Firm Foundation of America (Brown, Leonard) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

13

NOTICE of Appearance by Elizabeth J. Kelhoffer on behalf of Alberto Gonzales (Kelhoffer, Elizabeth) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

14

WAIVER OF SERVICE Returned by Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller. Carl J. Anderson waiver sent on 3/3/2005, answer due 5/2/2005. (ts, ) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

15

MOTION to Appear Pro Hac Vice of Kristina J. Wenberg by Bradford County.(Donohue, Michael) (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

16

MOTION to Appear Pro Hac Vice of Vincent P. McCarthy by Bradford County.(Donohue, Michael) (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

17

SP Admission Filing fee: $ 25.00, receipt number 333 101334, Vincent P. McCarthy (ga, ) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

18

Special Admission Filing fee: $ 25.00, receipt number 333 101335, Re: Kristina J. Wenberg. (ga, ) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

19

ANSWER to Complaint by Bradford County.(Donohue, Michael) (Entered: 04/29/2005)

April 29, 2005

April 29, 2005

20

SPECIAL ADMISSIONS FORM APPROVED as to Kristina J. WenbergSigned by Judge Thomas M. Blewitt on 5/2/05. (ts, ) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

21

SPECIAL ADMISSIONS FORM APPROVED as to Vincent P. McCarthySigned by Judge Thomas M. Blewitt on 5/2/05. (ts, ) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

22

ANSWER to Complaint by Carl J. Anderson.(Lloyd, Linda) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

23

MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by The Firm Foundation of America.(Brown, Leonard) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

24

MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment , MOTION for Summary Judgment by Alberto Gonzales. (Attachments: # 1 Proposed Order)(Coppolino, Anthony) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

25

CERTIFICATE of Counsel re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment Certification of Non−Concurrence to Motion Under Local Rule 7.1 by Anthony J. Coppolino on behalf of Alberto Gonzales (Coppolino, Anthony) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

26

Unopposed MOTION to Exceed Page Limitation by Alberto Gonzales. (Attachments: # 1 Proposed Order)(Coppolino, Anthony) (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

27

CERTIFICATE of Counsel re 26 Unopposed MOTION to Exceed Page Limitation by Anthony J. Coppolino on behalf of Alberto Gonzales (Coppolino, Anthony) (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

28

CERTIFICATE of Nonconcurrence by The Firm Foundation of America and Proposed Order on Motion to Dismiss . (Attachments: # 1 Proposed Order)(Brown,

May 3, 2005

May 3, 2005

30

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Steven H. Aden on behalf of The Firm Foundation of America ( Filing fee $25, Receipt Number 333 101540) (ts, ) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

31

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Timothy J. Tracey on behalf of The Firm Foundation of America ( Filing fee $25, Receipt Number 333 101539) (ts, ) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

32

Unopposed MOTION to Exceed Page Limitation by The Firm Foundation of America. (Attachments: # 1 Proposed Order)(Brown, Leonard) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

33

ORDER granting 32 defendants Motion for Leave to File Excess Pages Signed by Judge Thomas M. Blewitt on 5/10/05 (ts, ) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

34

BRIEF IN SUPPORT re 23 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by The Firm Foundation of America. Brief in Opposition due by 6/3/2005 (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D# 5 Exhibit(s) E# 6 Exhibit(s) F# 7 Exhibit(s) G# 8 Exhibit(s) H# 9 Exhibit(s) I# 10 Exhibit(s) J# 11 Exhibit(s) K# 12 Exhibit(s) L# 13 Exhibit(s) M)(Brown, Leonard) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

36

DECLARATION by Alberto Gonzales re MOTION to Dismiss Or For Summary Judgment by Timothy S. Wight . (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D# 5 Exhibit(s) E# 6 Exhibit(s) F# 7 Exhibit(s) G# 8 Exhibit(s) H# 9 Exhibit(s) I# 10 Exhibit(s) J# 11 Exhibit(s) K# 12 Exhibit(s) L# 13 Exhibit(s) M# 14 Exhibit(s) N)(Kelhoffer, Elizabeth) Modified on 5/18/2005 (admin, ). (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

Attorney Kelhoffer is hereby notified that Doc #35 the Brief in Support of Document #24 (Motion) was incorrectly filed as a motion. This Brief needs to be refiled using the correct event now. (jw, ) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

37

BRIEF IN SUPPORT re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment filed by Alberto Gonzales. Brief in Opposition due by 6/6/2005 (Attachments: # 1 Statement of Material Facts)(Kelhoffer, Elizabeth) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

Document #35 entitled Motion to Dismiss or for summary judgment filed by defendant, Alberto Gonzales, deleted. Attorney Kelhoffer has refiled the document correctly as document #37 entitled Brief in Support of Motion to Dismiss. (admin, ) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

38

SPECIAL ADMISSIONS FORM APPROVED as to Steven H. AdenSigned by Judge Thomas M. Blewitt on 5/19/05. (ao, ) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

39

SPECIAL ADMISSIONS FORM APPROVED as to Timothy J. TraceySigned by Judge Thomas M. Blewitt on 5/19/05. (ao, ) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

40

NOTICE of Appearance by Michael J. Donohue on behalf of Bradford County. (Donohue, Michael) (Entered: 05/24/2005)

May 24, 2005

May 24, 2005

41

Unopposed MOTION for Extension of Time to File Responsive Briefs by Jeffrey Gonzalez, Clark Moeller, Kris Schwenke, Jane Moeller. (Attachments: # 1 Certificate of Concurrence# 2 Proposed Order)(Knudsen, Paula) (Entered: 05/31/2005)

May 31, 2005

May 31, 2005

42

ORDER granting 41 Motion to Extend Time and to file brief of 35 pages by 6/3003; Signed by Judge Thomas M. Blewitt on 6/1/05 (kn, ) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

43

MOTION to Appear Pro Hac Vice on behalf of Alexander Bennett by Clark Moeller.(Roper, Mary) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

45

MOTION to Appear Pro Hac Vice on behalf of Lea Johnston by Clark Moeller.(Roper, Mary) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

46

MOTION to Appear Pro Hac Vice by Bruce Kelly by Clark Moeller.(Roper, Mary) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

47

Special Admission Filing fee: $ 25.00, receipt number 333 101901, Murray R. Garnick (ga, ) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

48

Special Admission Filing fee: $ 75.00, receipt number 333 101902, Re: Johnston, Bennett, &Kelly (ga, ) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

49

ORDER granting 46 Motion to Appear Pro Hac Vice by Bruce R. Kelly.Signed by Judge Thomas M. Blewitt on 6/7/05 (jb, ) (Entered: 06/09/2005)

June 7, 2005

June 7, 2005

50

ORDER granting 45 Motion to Appear Pro Hac Vice by Elta Lea Johnston.Signed by Judge Thomas M. Blewitt on 6/7/05 (jb, ) (Entered: 06/09/2005)

June 7, 2005

June 7, 2005

51

ORDER granting 44 Motion to Appear Pro Hac Vice by Murray R. Garnick.Signed by Judge Thomas M. Blewitt on 6/7/05 (jb, ) (Entered: 06/09/2005)

June 7, 2005

June 7, 2005

52

ORDER granting 43 Motion to Appear Pro Hac Vice by Alexander E. Bennett.Signed by Judge Thomas M. Blewitt on 6/7/05 (jb, ) (Entered: 06/09/2005)

June 7, 2005

June 7, 2005

53

NOTICE of Appearance by Paula Kay Knudsen on behalf of Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Jane Moeller. (Knudsen, Paula) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

54

NOTICE of Appearance by Paula Kay Knudsen on behalf of Tim Thurston. (Knudsen, Paula) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

55

BRIEF IN OPPOSITION re 23 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) on behalf of all plaintiffs filed by Clark Moeller. Reply Brief due by 7/15/2005. (Attachments: # 1 Exhibit(s))(Roper, Mary) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

56

AFFIDAVIT in Opposition re 23 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Tim Thurston. (Roper, Mary) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

57

REPLY BRIEF re 23 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) Response of Defendant Attorney General Gonzales to Firm Foundation's Motion to Dismiss filed by Alberto Gonzales. (Coppolino, Anthony) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

58

ANSWER TO STATEMENT OF FACTS re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment filed for all plaintiffs filed by Clark Moeller. (Roper, Mary) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

59

BRIEF IN OPPOSITION re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment on behalf of all plaintiffs filed by Clark Moeller. Reply Brief due by 7/15/2005. (Roper, Mary) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

60

AFFIDAVIT in Opposition re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment Rule 56(f) affidvait for all plaintiffs filed by Clark Moeller. (Roper, Mary) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

61

AFFIDAVIT in Opposition re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment on behalf of all plaintiffs filed by Clark Moeller. (Attachments: # 1 Exhibit(s) # 2 Exhibit(s) # 3 Exhibit(s) # 4 Exhibit(s) # 5 Exhibit(s) # 6 Exhibit(s) # 7 Exhibit(s))(Roper, Mary) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

63

Unopposed MOTION for Extension of Time to File Brief to 55 Brief in Opposition, filed by The Firm Foundation of America. (Attachments: # 1 Proposed Order)(Aden, Steven) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

64

ORDER granting 62 deft Gonzales' Motion to Extend Time to file a reply brief in support of his motion to dismiss or for sum judg to Aug 4, 2005. SO ORDERED. Signed by Judge Thomas M. Blewitt on 7/12/05 (jb, ) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

65

ORDER granting 63 deft Firm Foundation's Motion for Extension of Time to file a reply Memo in support of it's Motion to Dismiss until Aug 4, 2005. SO ORDERED.Signed by Judge Thomas M. Blewitt on 7/12/05 (jb, ) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

66

MOTION Schedule Initial Case Management Conference by Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller.(Knudsen, Paula) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

67

BRIEF IN OPPOSITION re 66 MOTION Schedule Initial Case Management Conference filed by The Firm Foundation of America. Reply Brief due by 8/15/2005. (Aden, Steven) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

68

Unopposed MOTION to Exceed Page Limitation for Reply Brief in Support of Motion to Dismiss or for Summary Judgment by Alberto Gonzales.(Coppolino, Anthony) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

69

ORDER granting 68 Motion for Leave to File Excess Pages. Defendant Attorney General Gonzales may file a reply of up to 20 pages in support of his motion to dismiss or for summary judgment. Signed by Judge Thomas M. Blewitt on 8/2/05 (ts, ) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

70

MOTION to Appear Pro Hac Vice by Alexander Bennett to appear by Tim Thurston.(Roper, Mary) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

71

Special Admission Filing fee: $ 25.00, receipt number 333 102644, Alexander Bennett. (ga, ) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

72

SPECIAL ADMISSIONS FORM APPROVED as to Alexander E. Bennett.Signed by Judge Thomas M. Blewitt on 8/4/05. (rm, ) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

73

REPLY BRIEF re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment filed by Alberto Gonzales. (Attachments: # 1 Affidavit of Anthony J. Coppolino)(Coppolino, Anthony) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

74

REPLY BRIEF re 23 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by The Firm Foundation of America. (Aden, Steven) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

75

ORDER denying Pltf's 66 Motion to Schedule Initial Case Management Conference.Signed by Judge James M. Munley on 8/4/05. (rm, ) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

76

MOTION to Appear Pro Hac Vice by Bruce Kelly on behalf of by Tim Thurston.(Roper, Mary) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

77

MOTION to Appear Pro Hac Vice by Lea Johnston on behalf of by Tim Thurston.(Roper, Mary) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

78

MOTION to Appear Pro Hac Vice by Murray Garnick on behalf of by Tim Thurston.(Roper, Mary) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

79

MOTION to Appear Pro Hac Vice by Alicia Truman on behalf of by Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller.(Roper, Mary) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

81

Special Admission Filing fee: $ 125.00, receipt number 333 102653, Re: Ladun, Truman, Garnick, Kelly, Johnston. (ga, ) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

82

SPECIAL ADMISSIONS FORM APPROVED as to Bruce R. KellySigned by Judge Thomas M. Blewitt on 8/8/2005. (bg, ) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

83

SPECIAL ADMISSIONS FORM APPROVED as to Kathy Ann LadunSigned by Judge Thomas M. Blewitt on 8/8/2005. (bg, ) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

84

SPECIAL ADMISSIONS FORM APPROVED as to Alicia A. W. TrumanSigned by Judge Thomas M. Blewitt on 8/8/2005. (bg, ) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

85

SPECIAL ADMISSIONS FORM APPROVED as to Murray R. GarnickSigned by Judge Thomas M. Blewitt on 8/8/2005. (bg, ) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

86

SPECIAL ADMISSIONS FORM APPROVED as to Elta Lea Johnston.Signed by Judge Thomas M. Blewitt on 8/8/2005. (bg, ) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

87

NOTICE of Change of Address by Steven H. Aden (Aden, Steven) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

88

ORDER that the Clerk of Court is directed to substitute Deft Lavery, Acting Director, for Deft Anderson in teh above−captioned action.Signed by Judge Thomas M. Blewitt on 10/14/05. (rm, ) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

90

Unopposed MOTION to Withdraw as Attorney Timothy J. Tracey by The Firm Foundation of America. (Attachments: # 1 Proposed Order)(Aden, Steven) (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

91

ORDER granting 90 Unopposed Motion of Deft Firm Foundation and FURTHER ORDERED the appearance of Timothy J. Tracey in this case is withdrawn. SO ORDERED.Signed by Judge Thomas M. Blewitt on 10/24/05 (jb, ) (Entered: 10/26/2005)

Oct. 24, 2005

Oct. 24, 2005

92

REPORT AND RECOMMENDATION: TEXT REMOVED − WRONG REPORT AND RECOMMENDATION DOCKETED. FOR CORRECT REPORT AND RECOMMENDATION SEE DOCKET ENTRY 93. (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

94

OBJECTION to 93 Report and Recommendations As to the Firm Foundation's Motion to Dismiss by Bradford County. (Donohue, Michael) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

95

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by The Firm Foundation of America re 89 REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Clark Moeller,, Jane Moeller,, Jeffrey Gonzalez,, Laura Blain,, Kris Schwenke,, Tim Thurston, (Aden, Steven) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

Doc 95 to be re−filed properly as an "objection to the Report and Recommendation" (ts, ) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

96

OBJECTION to 89 Report and Recommendations. (Aden, Steven) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

97

OBJECTION to 93 Report and Recommendations. (Ladun, Kathy) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

98

MOTION to Exceed Page Limitation with Certificate of Service and proposed Order by Bradford County. (Attachments: # 1)(Donohue, Michael) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

99

OBJECTION to 89 Report and Recommendations Plaintiffs' Opposition to Firm Foundation 95 and Bradford County 94 Objections to R(Ladun, Kathy) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

100

ORDER granting 98 Motion for Leave to File Excess Pages re support of motion for judgmentSigned by Judge James M. Munley on 11/23/05 (sm, ) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 17, 2005

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Taxpayers and former inmate at the Bradford County Correctional Facility

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bradford County Correctional Facility (Bradford), County

U. S. Attorney General, Federal

Bradford County (Bradford), County

The Firm Foundation of America, Private Entity/Person

Pennsylvania Commission on Crime and Delinquency, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Establishment 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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2007 - 0

Issues

General:

Funding

Religious programs / policies

Affected Gender:

Female

Male

Type of Facility:

Government-run