Case: Fulbright v. Jones

5:03-cv-00099 | U.S. District Court for the Western District of Oklahoma

Filed Date: Jan. 21, 2003

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On January 21, 2003, Plaintiff. a prisoner in an Oklahoma correctional center, filed a lawsuit under 42 U.S.C. §1983 in the United States District Court for the Western District of Oklahoma, alleging that his Constitutional rights under the Free Exercise Clause were being violated by the Oklahoma Department of Corrections' refusal to provide him with a Kosher diet. In June 2003, the court (Judge Wayne Alley) consolidated Plaintiff's case with two other similar complaints. All three prisoners fi…

On January 21, 2003, Plaintiff. a prisoner in an Oklahoma correctional center, filed a lawsuit under 42 U.S.C. §1983 in the United States District Court for the Western District of Oklahoma, alleging that his Constitutional rights under the Free Exercise Clause were being violated by the Oklahoma Department of Corrections' refusal to provide him with a Kosher diet. In June 2003, the court (Judge Wayne Alley) consolidated Plaintiff's case with two other similar complaints. All three prisoners filed their complaints pro se and were appointed counsel. The prisoners won both preliminary and permanent injunctive relief requiring the Oklahoma Department of Corrections to provide them a Kosher diet at no personal cost.

On the merits, the district court (Judge Lee West) noted that in the Tenth Circuit, 'prisoners have a constitutional right to a diet conforming to their sincerely held religious beliefs, unless a state's decision to deny inmates access to such a diet 'is reasonably related to a legitimate penological interest,'' citing Beerheide v. Suthers, 286 F.3d 1179, 1184 (10th Cir. 2002). The court then conducted a four-part test per Turner v. Safley, 482 U.S. 78, 89 (1987), and concluded that the balance of the factors weighed in favor of the prisoners. At the worst, the state's budgetary concerns paled in comparison to the irreparable harm of the loss of a First Amendment freedom for the plaintiffs.

The court granted the prisoners' motions for summary judgment, giving plaintiffs seven days to submit a proposed judgment and permanent injunction. That permanent injunction, issued February 8, 2006, ordered the Director of the Oklahoma Department of Corrections 'to immediately provide to the plaintiffs Kosher diets at no cost, [while complying with nutritional requirements currently applicable to all other ODOC prisoners].' The court held that 'the injunction is necessary to remedy a violation of these plaintiffs' rights to freely exercise their Orthodox Jewish religion as guaranteed by the First Amendment to the United States Constitution.' See Fulbright v. Jones, 2006 WL 222807 (U.S.D.C. W.D. Okla.). The court also awarded attorneys' fees.

On September 26, 2012, the Court found that the judgment entered in this case only applies to the claims pursued by the three named plaintiffs, and the permanent injunction relief does not apply to all Oklahoma Department of Corrections inmates.

Summary Authors

Anna Dimon (3/26/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4648119/parties/fulbright-v-ward/


Judge(s)

Purcell, Gary M. (Oklahoma)

West, Lee Roy (Oklahoma)

Attorneys(s) for Defendant

Behrens, J Kevin (Oklahoma)

Doughty, Stefan K (Oklahoma)

Eddy, Rand C (Oklahoma)

Hurst, Guy Lee (Oklahoma)

Martin, Angela K (Oklahoma)

Judge(s)

Purcell, Gary M. (Oklahoma)

West, Lee Roy (Oklahoma)

Attorneys(s) for Defendant

Behrens, J Kevin (Oklahoma)

Doughty, Stefan K (Oklahoma)

Eddy, Rand C (Oklahoma)

Hurst, Guy Lee (Oklahoma)

Martin, Angela K (Oklahoma)

Documents in the Clearinghouse

Document

5:03-cv-00099

Docket (PACER)

Sept. 6, 2013

Sept. 6, 2013

Docket
18

5:03-cv-00099

Report and Recommendation

Fulbright v. Ward

July 17, 2003

July 17, 2003

Magistrate Report/Recommendation
35

5:03-cv-00099

Plaintiff's Motion for Preliminary Injunction

Fulbright v. Ward

Oct. 20, 2003

Oct. 20, 2003

Pleading / Motion / Brief
67

5:03-cv-00099

Second Supplemental Report and Recommendation (Granting Motion for Preliminary Injunction)

Fulbright v. Ward

Aug. 25, 2004

Aug. 25, 2004

Magistrate Report/Recommendation
70

5:03-cv-00099

Order

Fulbright v. Ward

Jan. 21, 2005

Jan. 21, 2005

Order/Opinion
112

5:03-cv-00099

Third Supplemental Report and Recommendation

Fulbright v. Evans

Sept. 8, 2005

Sept. 8, 2005

Magistrate Report/Recommendation
131

5:03-cv-00099

Order

Jan. 6, 2006

Jan. 6, 2006

Order/Opinion
133

5:03-cv-00099

03-cv-00125

03-cv-01465

Order

2006 WL 222807, 2006 U.S.Dist.LEXIS 5789

Jan. 26, 2006

Jan. 26, 2006

Order/Opinion
134

5:03-cv-00099

Judgment for Permanent Prospective Injunctive Relief

Fulbright v. Ward

Feb. 8, 2006

Feb. 8, 2006

Order/Opinion
150

5:03-cv-00099

Order

April 10, 2006

April 10, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4648119/fulbright-v-ward/

Last updated May 20, 2022, 1:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (mms) (Entered: 01/27/2003)

Jan. 21, 2003

Jan. 21, 2003

112

REPORT AND RECOMMENDATION re 80 MOTION for Summary Judgment filed by Dennis Earl Fulbright and 88 MOTION for Summary Judgment filed by Defendant. It is recommended that Plfs' Mtn for SJ be GRANTED & that Dft's Mtn for SJ be DENIED, tha t judgment issue in favor of Plfs & against the Dft, & that the temporary injunction be made permanent. Objections to R&R due by 9/28/2005. This 3rd Supplemental R&R disposes of all issues ref to the undersigned Judge in the captioned matter. Signed by Judge Gary M. Purcell on 9/8/05. (dm)

Sept. 8, 2005

Sept. 8, 2005

RECAP

RECEIPT For Money Received from plaintiff Dennis Earl Fulbright in the amount of $ 150.00, receipt # 095453 (mms) (Entered: 01/27/2003)

Jan. 21, 2003

Jan. 21, 2003

133

ORDER ADOPTING REPORT AND RECOMMENDATION and denying the motions for summary judgment. The Court directs plaintiffs to submit within 7 days, for the Court's approval, a proposed judgment re 112 , 88 , 80 . Signed by Judge Lee R. West on 1/26/06. (brs, )

Jan. 26, 2006

Jan. 26, 2006

RECAP
176

FOURTH SUPPLEMENTAL REPORT AND RECOMMENDATION re 166 MOTION for Order filed by Fred Smith. it is recommended that Mr. Smiths Motion for Finding of Contempt or for a Supplementary Order be DENIED. Defendant Jones Motion to Amend Briefing Sched ule is denied as moot. Mr. Smith is advised of the right to file an objection to this Fourth Supplemental R & R by 9/4/2012. This Fourth Supplemental Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter, and any pending motion not specifically addressed herein is denied. Signed by Magistrate Judge Gary M. Purcell on 8/13/2012. (brs)

Aug. 13, 2012

Aug. 13, 2012

RECAP
2

ORDER by Honorable Vicki Miles−LaGrange, Case referred to Magistrate Judge Bana Roberts for conducting hrg, including evidentiary hrg if necessary, and submission of Findings &Recommendation (cc: all counsel) [EOD Date 1/28/03] (fp) (Entered: 01/28/2003)

Jan. 28, 2003

Jan. 28, 2003

3

ORDER Requiring Service &Special report by Magistrate Judge Bana Roberts, ordered that officials responsible for the operation of Joseph Harp Correctional Center shall review the subj matter of the Complaint; a Special Report shall be attached to &filed w/the Ans or dispositive mtn due no later than 60 days fm the date of service of process on the Dft; a copy of this Order &the complaint w/summons shall be served on ea Dft; said service shall not be effected until the nec service papers hv been completed by Plf &furnished w/in 20 days fm this date to the Clk for processing &issuance (cc: all counsel) [EOD Date 1/30/03] (kab) (Entered: 01/30/2003)

Jan. 30, 2003

Jan. 30, 2003

181

ORDER ADOPTING REPORT AND RECOMMENDATION the Court ADOPTS the 176 Fourth Supplemental Report and Recommendation; FINDS the judgment entered on 2/8/06, pertains only to claims by Fulbright, Cottriel and and Harmon agst Jones and contains no languag e that permits it to be enforced by all DOC inmates; deems MOOT Smith's 175 Motion for Leave to Reply; DENIES Smith's 166 Motion for Finding of Contempt or for a Supplementary Order; deems MOOT Jones' Motion to Amend Briefing Schedule; DIRECTS Clk of Court to mail copy of this Order to Fred Smithk #218694, CCA Davis Corr Facility, 6888 E 133rd Rd AN-146, Holdenville OK and show proof in the records. Signed by Honorable Lee R. West on 9/26/12. (ap)

Sept. 26, 2012

Sept. 26, 2012

RECAP
4

PRAECIPE for and issued 2 summons by plaintiff Dennis Earl Fulbright (fp) (Entered: 02/10/2003)

Feb. 7, 2003

Feb. 7, 2003

5

LETTER from plaintiff Dennis Earl Fulbright showing confirmation of delivery of certified mail to Drew Edmondson, AG, which contained Fed Ct Summons. Cpy of receipts i sent out Feb 21, 2003 (fp) Modified on 03/25/2003 (Entered: 03/25/2003)

March 21, 2003

March 21, 2003

6

LETTER from plaintiff Dennis Earl Fulbright re cpy of two receipts of the certified mail containing the summons to Mr. Ward, also, enclosed the response fm the Postmaster General, which were the two tracking system confirmation rpts (fp) (Entered: 03/25/2003)

March 21, 2003

March 21, 2003

7

MOTION by defendant Ron Ward addl time to ans and/or resp and to transfer case (nm) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

8

ORDER by Magistrate Judge Bana Roberts granting motion addl time to ans and/or resp [7−1] granting Dft an ext of 28 days or until May 19, 2003 w/in which to prepare &file his ans or other initial pleading responsive to Plf's Compl; &denying motion to transfer case [7−2] as premature w/out prej to reassertion of the mtn after the response has been filed or at such later time as is appropriate (cc: all counsel) [EOD Date 4/25/03] (kab) Modified on 04/25/2003 (Entered: 04/25/2003)

April 25, 2003

April 25, 2003

9

NOTICE by defendant Ron Ward, Dept of Correction of Special Report of Review of Factual Basis of Claims Asserted in Civil Rights Complaint Purs to 42 USC Section 1983 (fp) (Entered: 05/12/2003)

May 12, 2003

May 12, 2003

10

MOTION by defendant Ron Ward to dismiss w/Brief in Supt (fp) (Entered: 05/12/2003)

May 12, 2003

May 12, 2003

11

ATTORNEY APPEARANCE for defendant Ron Ward by Stefan K. Doughty (fp) (Entered: 05/12/2003)

May 12, 2003

May 12, 2003

12

APPENDIX filed by defendant Ron Ward, OK Dept of Corrections to Special Report of Review of Factual Basis of Clms Asserted in Civil Rights Cmp Purs to 42 USC 1983 re: [9−1] (fp) (Entered: 05/15/2003)

May 15, 2003

May 15, 2003

13

RESPONSE by plaintiff Dennis Earl Fulbright to motion to dismiss [10−1] (brs) (Entered: 06/04/2003)

June 3, 2003

June 3, 2003

14

ORDER by Honorable Vicki Miles−LaGrange, Case reassigned to Honorable Wayne E. Alley (cc: all counsel) [EOD Date 6/5/03] (fp) (Entered: 06/05/2003)

June 5, 2003

June 5, 2003

15

ORDER by Honorable Wayne E. Alley, consolidating cases CIV−03−98−A with CIV−03−99−A and CIV−03−125−A. All future filings shall be made in CIV−03−98−A only. (cc: all counsel) [EOD Date 6/6/03] (brs) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

16

OBJECTIONS by plaintiff Dennis Earl Fulbright to notice [9−1] (cjs) (Entered: 06/12/2003)

June 10, 2003

June 10, 2003

17

ENTER ORDER by Honorable Wayne E. Alley that in light of the consolidation order, the previous referral order in this case to Magistrate Judge Roberts is hereby vacated. This case is now referred to Magistrate Judge Gary M. Purcell (cc: all counsel) [EOD Date 7/17/03] (brs) (Entered: 07/17/2003)

July 17, 2003

July 17, 2003

18

REPORT and RECOMMENDATION by Magistrate Judge Gary M. Purcell: it is recommended that Dft Ward's Mtn to Dism (Doc. #8) be GRANTED &cause of action be dism as to Plf Jones; it is fur recommended that Dft Ward's Mtn to Dism (Doc. #10) be DENIED as to Plf Fulbright &that Dft Ward's Mtn to Dism (Doc. #8) be DENIED as to Plf Cottriel; ptys adv of their respective rt to file an obj to this RRw/Clk of this Ct by 8/6/03; this RRpartiall disposes of the issues ref to the undersigned Judge in Cs Nos CIV−03−99−A &CIV−03−125−A &disposes of all issues in Cs. No CIV−03−98−A (cc: all counsel) (dm) (Entered: 08/08/2003)

July 17, 2003

July 17, 2003

19

ANSWER by defendant Ron Ward (brs) (Entered: 08/22/2003)

Aug. 20, 2003

Aug. 20, 2003

20

APPLICATION by defendant for order allowing deposition of plaintiff Fulbright (brs) (Entered: 08/22/2003)

Aug. 21, 2003

Aug. 21, 2003

22

APPLICATION by defendant Ron Ward for order allowing deposition of plf Cottriel (dm) (Entered: 08/25/2003)

Aug. 21, 2003

Aug. 21, 2003

21

ORDER by Magistrate Judge Gary M. Purcell granting motion for order allowing deposition of plaintiff Fulbright [20−1] at a date, time &place to be subsequently determined by mutual agreement or ntc of ptys (cc: all counsel) [EOD Date 8/25/03] (dm) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

24

NOTICE by defendant Ron Ward of taking deposition of Dennis Earl Fulbright (brs) (Entered: 09/05/2003)

Sept. 4, 2003

Sept. 4, 2003

25

MOTION by defendant Ron Ward to strike plaintiffs' objection to defendant's answer (brs) (Entered: 09/05/2003)

Sept. 4, 2003

Sept. 4, 2003

26

MOTION by plaintiff Dennis Earl Fulbright to proceed in forma pauperis (brs) (Entered: 09/09/2003)

Sept. 8, 2003

Sept. 8, 2003

27

ORDER by Magistrate Judge Gary M. Purcell denying motion as moot to proceed in forma pauperis [26−1] as Court's records reflect Plf has pd the $150. filing fee (cc: all counsel) [EOD Date 9/11/03] (dm) (Entered: 09/11/2003)

Sept. 11, 2003

Sept. 11, 2003

28

ORDER by Magistrate Judge Gary M. Purcell: Plf's Mtn for Appointment of Cnsl filed March 10, 2003, is DENIED (cc: all counsel) [EOD Date 9/11/03] (dm) (Entered: 09/11/2003)

Sept. 11, 2003

Sept. 11, 2003

29

OBJECTIONS by plaintiffs to defendant's notice of deposition [24−1] (brs) (Entered: 09/12/2003)

Sept. 11, 2003

Sept. 11, 2003

30

RESPONSE by plaintiffs to defendant's motion to strike plaintiffs' objection to defendant's answer [25−1] (brs) (Entered: 09/12/2003)

Sept. 11, 2003

Sept. 11, 2003

31

FIRST INTERROGATORY to defendant by plaintiff Dennis Earl Fulbright (brs) (Entered: 09/29/2003)

Sept. 26, 2003

Sept. 26, 2003

32

ORDER by Magistrate Judge Gary M. Purcell striking Plfs' First Interrogatory To Dft [31−1]: Depos, interrogatories, reqs for docs, reqs for admissions, &answs &resps thereto shall not be filed w/Clk unless on ord of the Ct or unless they are attached to a mtn, resp thereto, or are needed for use in a trial or hrg (LCvR 5.31) (cc: all counsel) [EOD Date 9/30/03] (dm) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

33

MOTION by plaintiff Dennis Earl Fulbright for leave request to serve interrogatories on defendant (brs) (Entered: 10/08/2003)

Oct. 7, 2003

Oct. 7, 2003

34

ORDER granting 25 Motion to Strike Plf's Obj to Dft's Answer, denying 29 Plf's Obj to Dft's Ntc of Depositions, denying 33 Plaintiff's Motion seeking an order allowing Plfs to serve interrogatories. Signed by Judge Gary M. Purcell on 10/20/03. (dm) (Entered: 10/20/2003)

Oct. 20, 2003

Oct. 20, 2003

35

MOTION for Preliminary Injunction by Dennis Earl Fulbright. (db, ) (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

36

MOTION for Reconsideration by Dennis Earl Fulbright. (Attachments: # 1 Exhibit Interrogatories)(db, ) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

37

RESPONSE by Dft to re 35 Plf's MOTION for Preliminary Injunction filed by Ron Ward. (brs, ) (Entered: 11/04/2003)

Nov. 3, 2003

Nov. 3, 2003

38

NOTICE by Dennis Earl Fulbright (db, ) (Entered: 11/12/2003)

Nov. 10, 2003

Nov. 10, 2003

39

REPLY to Response to Motion re 35 MOTION for Preliminary Injunction filed by Dennis Earl Fulbright. (Attachments: # 1 Exhibit)(db, ) (Entered: 11/13/2003)

Nov. 12, 2003

Nov. 12, 2003

40

ORDER appointing Attorney Rand C Eddy for Dennis Earl Fulbright added. Order entered 9/11/03 (Doc. #36) is vacated, &Plfs' request for Appointment of Counsel (Doc. 334) is GRANTED. . Signed by Judge Gary M. Purcell on 11/13/03. (dm) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

41

ENTRY of Appearance by Rand C Eddy on behalf of Dennis Earl Fulbright (brs, ) (Entered: 12/01/2003)

Nov. 26, 2003

Nov. 26, 2003

Motion No Longer Referred: RRent 7/17/03, Doc. #18, recommended that 10 Motion to Dismiss be DENIED. RRpartially disposes of issues ref to Judge Purcell) (dm). (Entered: 01/13/2004)

Jan. 13, 2004

Jan. 13, 2004

42

ORDER REASSIGNING CASE. Case reassigned to Judge Lee R. West for all further proceedings. Judge Wayne E. Alley no longer assigned to case. Signed by Judge Wayne E. Alley on 2/6/04. (brs, ) (Entered: 02/06/2004)

Feb. 6, 2004

Feb. 6, 2004

43

UNOPPOSED MOTION to Consolidate Cases and MOTION Appoint Counsel and Brief in Support by Dennis Earl Fulbright and Jon A Cottriel. (nm, ). (Entered: 02/25/2004)

Feb. 24, 2004

Feb. 24, 2004

44

ORDER referring 43 Motion to Appoint Counsel, granting 43 Motion to Consolidate Cases . Signed by Judge Lee R. West on 2/26/04. (brs, ) (Entered: 02/26/2004)

Feb. 26, 2004

Feb. 26, 2004

CASE REFERRED to Magistrate Judge Gary M. Purcell., Cases associated. (brs, ) (Entered: 02/26/2004)

Feb. 26, 2004

Feb. 26, 2004

45

ENTER ORDER: In consideration of 40 Order appointing cnsl ent in these consolidated matters, Plf's cnsl is dir to adv Ct w/in 10 days of cnsl's intention to join or w/draw Mtn for Prel Injunction filed by Plf's Fulbright &Cottriel on 10/20/04. Signed by Judge Gary M. Purcell on 2/26/04. (dm) (Entered: 02/27/2004)

Feb. 26, 2004

Feb. 26, 2004

46

ORDER: Plf's Unopposed Mtn to Consolidate Cases, Appoint Cnsl &Brf in Supp (Doc. #19) is granted as to motion to appoint cnsl in Case CIV−03−1465−W . Signed by Judge Gary M. Purcell on 3/1/04. (dm, ) (Entered: 03/01/2004)

March 1, 2004

March 1, 2004

47

NOTICE of Advisement to the Court by Dennis Earl Fulbright (brs, ) (Entered: 03/09/2004)

March 8, 2004

March 8, 2004

48

GENERAL ORDER 04−02 (April 15, 2004) Mandatory Electronic Case Filing. Signed by Judge Lee R. West on 4/15/04. (brs, ) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

49

ENTER ORDER re 35 MOTION for Preliminary Injunction filed by Dennis Earl Fulbright: Hearing set for Tuesday, 6/8/2004 10:00 AM in Courtroom #103 before Magistrate Judge Gary M. Purcell.. Signed by Judge Gary M. Purcell on 5/6/04. (dm) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

50

ENTER ORDER: Ord dated 8/11/03, in case no. CIV−03−98−A (attached hereto) is to be entered as of this date in CIV−03−99−W and CIV−03−125−W to reflect denials of mtns to dism in CIV−03−99 and CIV−03−125 . Signed by Judge Gary M. Purcell on 5/7/04. (dm) (Entered: 05/07/2004)

May 7, 2004

May 7, 2004

51

ORDER re: CIV−03−1465−W as to Dft's (Doc. #27) Unopposed Mtn to Strike Deadlines . Signed by Judge Gary M. Purcell on 5/13/04. (dm ) (Entered: 05/13/2004)

May 13, 2004

May 13, 2004

52

MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction by Ron Ward. (Doughty, Stefan) (Entered: 05/28/2004)

May 28, 2004

May 28, 2004

53

ORDER denying 52 Defendant's Motion to Continue Hearing on Plfs' "Motions for Preliminary Injunction" in the Fulbright &Cottriel matters. Signed by Judge Gary M. Purcell on 5/28/04. (dm) (Entered: 06/01/2004)

May 28, 2004

May 28, 2004

54

MOTION for Writ of Habeas Corpus ad testificandum by Dennis Earl Fulbright. (Eddy, Rand) (Entered: 06/02/2004)

June 2, 2004

June 2, 2004

55

ORDER granting 54 Motion for Writ of Habeas Corpus ad testificandum. Writ issued. Hearing set for 6/8/04 @10:00 before Judge Purcell. Signed by Judge Gary M. Purcell on 6/4/04. (dm) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

56

Mail Returned (Doc. #53, Order) as Undeliverable. Mail sent to Dennis Earl Fulbright (dm) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

57

ENTER ORDER striking hearing set on 6/8/04 @10:00 a.m.. Signed by Judge Gary M. Purcell on 6/4/04. (dm) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

58

Writ of Habeas Corpus ad Testificandum for Dennis Fulbright Returned Unexecuted. (dm) (Entered: 06/10/2004)

June 7, 2004

June 7, 2004

60

ENTER ORDER: re 35 MOTION for Preliminary Injunction filed by Dennis Earl Fulbright. Hearing set on Thursday, 7/8/2004, 10:00 AM in Courtroom #103 before Magistrate Judge Gary M. Purcell. Signed by Judge Gary M. Purcell on 6/15/04. (dm) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

61

ENTRY of Appearance by J Kevin Behrens on behalf of Ron Ward (Behrens, J) (Entered: 06/16/2004)

June 16, 2004

June 16, 2004

62

MOTION for Writ of Habeas Corpus ad testificandum by Dennis Earl Fulbright. (Eddy, Rand) (Entered: 06/17/2004)

June 17, 2004

June 17, 2004

63

ORDER granting 62 Motion for Writ of Habeas Corpus ad testificandum . Signed by Judge Gary M. Purcell on 6/21/04. (dm) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

64

Writ of Habeas Corpus ad Testificandum Issued as to Dennis Earl Fulbright for Thursday, July 8, 2004, at 10:00 a.m.. (dm) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

65

Minute Entry for proceedings held before Judge Gary M. Purcell : Motion Hearing held on 7/8/2004 re 35 Plf's MOTION for Preliminary Injunction. Evidence taken. Argument presented. Ct takes matter under advisement. Plf's Exh Nos. 1,2 admitted w/o objection (attached) (Court Reporter Jeanne Ring) (dm) (Entered: 07/09/2004)

July 8, 2004

July 8, 2004

66

NOTICE of Change of Address by Dennis Earl Fulbright (db, ) (Entered: 08/16/2004)

Aug. 12, 2004

Aug. 12, 2004

67

REPORT AND RECOMMENDATION: It is recommended that 35 MOTION for Preliminary Injunction filed by Dennis Earl Fulbright be GRANTED. Objections to RRdue by 9/14/2004. This RRpartially disposes of the issues ref to the undersigned Judge in the captioned matter. Signed by Judge Gary M. Purcell on 8/25/04. (dm) (Entered: 08/25/2004)

Aug. 25, 2004

Aug. 25, 2004

68

ORDER denying 36 Motion for Reconsideration . Signed by Judge Gary M. Purcell on 8/30/04. (dm) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

69

OBJECTION to 67 Report and Recommendation re Plaintiffs' Motions for Preliminary Injunction by Ron Ward. (Attachments: # 1 Exhibit 1 −− Killingsworth Petition# 2 Exhibit 2 −− Interoffice Memorandum re Cottriel Assault)(Doughty, Stefan) (Entered: 09/14/2004)

Sept. 14, 2004

Sept. 14, 2004

70

ORDER ADOPTING SECOND SUPPLEMENTAL REPORT AND RECOMMENDATION 35 Granting Plaintiff's Motion for Preliminary Injunction filed by Dennis Earl Fulbright, Re 35 , 67 . The defendant is ordered to provide these three plaintiffs a kosher diet at no cost to them until further Order of the Court. This case is re−referred to Magistrate Judge Purcell for further proceedings. Signed by Judge Lee R. West on 1/21/05. (brs, ) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

CASE RE−REFERRED to Magistrate Judge Gary M. Purcell. (brs, ) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

71

ORDER: In consideration of Order entered 1/21/05 by US District Judge West re−referring these consolidated cases to the undersigned for further proceedings, the following ddl is established for this matter: February 25, 2005 − dispositive Motions . Signed by Judge Gary M. Purcell on 1/31/05. (dm) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

72

MOTION for Extension of Time by Ron Ward. (Behrens, J) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

73

ORDER granting 72 Defendant's Motion for Extension of Time. The Dispositive Motion ddl originally set for 2/25/05 is hereby extended until 4/26/05. Signed by Judge Gary M. Purcell on 2/4/05. (dm) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

74

MOTION to Clarify Court's Order Granting Preliminary Injunction by Ron Ward. (Attachments: # 1 Exhibit 3−23−05 Letter from Rand Eddy to Defendant's Counsel)(Doughty, Stefan) (Entered: 03/28/2005)

March 28, 2005

March 28, 2005

76

ORDER Granting Plaintiff's Application for Reimbursement of Costs. Signed by Judge Lee R. West on 4/15/05. (brs, ) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

TRANSCRIPT of Proceedings held on July 8, 2004 before Judge Purcell. Court Reporter: B. Jeanne Ring. Transcript of: Preliminary Injunction Hearing (dl, ) (Entered: 04/20/2005)

April 18, 2005

April 18, 2005

77

JOINT MOTION for Extension of Time for Preliminary Injunction Relief by Dennis Earl Fulbright. (Eddy, Rand) (Entered: 04/20/2005)

April 20, 2005

April 20, 2005

78

ORDER granting 77 Motion for Extension of Preliminary Injunction, now set to expire on 4/25/05, beyond such date pursuant to the provisions of section 3626 . Signed by Judge Lee R. West on 4/21/05. (brs, ) (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

79

UNOPPOSED MOTION for Extension of Time to File Dispositive Motions by Ron Ward. (Doughty, Stefan) (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

80

MOTION for Summary Judgment and Brief in Support by Dennis Earl Fulbright. (Attachments: # 1 Exhibit 1− Transcript Part 1# 2 Exhibit 2 − Transcript Part 2# 3 Exhibit 2 − Affidavit of Allan Kerby)(Eddy, Rand) (Entered: 04/26/2005)

April 26, 2005

April 26, 2005

81

ORDER granting 79 Motion for Extension of Time until 5/11/05 to file dispositive motions. Signed by Judge Gary M. Purcell on 4/28/05. (dm) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

82

NOTICE to Take Deposition of Representative of the Oklahoma Department of Corrections by Dennis Earl Fulbright. (Eddy, Rand) (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

83

NOTICE to Take Deposition of Representative of the Oklahoma Department of Corrections by Dennis Earl Fulbright. (Eddy, Rand) (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

84

UNOPPOSED MOTION for Leave to Sumbit Revised Affidavit of Alan Kerby, attached as Exhibit "B" to Plaintiffs' Motion for Summary Judgment by Dennis Earl Fulbright. (Eddy, Rand) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

85

UNOPPOSED MOTION for Leave to submit Revised Affidavit of Alan Kerby, attached as Exhibit "B" to Plaintiffs Motion for Summary Judgment by Dennis Earl Fulbright. (Eddy, Rand) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

Docket Annotation: Document number 84 was revised and refiled as document number 85 in order to include the electronic signature. (brs, ) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

86

ORDER that the Court Strikes document 57 in Case CIV−03−1465−W and document 94 in Case CIV−03−125−W as misfiled . Signed by Judge Lee R. West on 5/10/05. (brs, ) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

87

UNOPPOSED MOTION for Leave to File Brief in Excess of Page Limit by Ron Ward. (Doughty, Stefan) (Entered: 05/11/2005)

May 11, 2005

May 11, 2005

88

MOTION for Summary Judgment and Brief in Support by Ron Ward. (Attachments: # 1 Exhibit 1 − Hearing Transcript# 2 Exhibit 2 − Canteen Usage Report# 3 Exhibit 3 − Williams Affidavit# 4 Exhibit 4 − Jones Memo)(Doughty, Stefan) (Entered: 05/11/2005)

May 11, 2005

May 11, 2005

89

ORDER granting 87 Motion for Leave to file a brief in excess of the page limit of 25 pages in support of his dispositive motions. Signed by Judge Gary M. Purcell on 5/12/05. (dm) (Entered: 05/12/2005)

May 12, 2005

May 12, 2005

90

ORDER granting 85 Motion for Leave to submit a revised affidavit of Alan Kerby attached as Exhibit "B" to Plaintiff's Motion for Summary Judgment. Signed by Judge Gary M. Purcell on 5/12/05. (dm) (Entered: 05/12/2005)

May 12, 2005

May 12, 2005

91

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 80 MOTION for Summary Judgment and Brief in Support by Ron Ward. (Behrens, J) (Entered: 05/14/2005)

May 14, 2005

May 14, 2005

92

ORDER: Plaintiff shall have until 6/1/05 to respond to 88 MOTION for Summary Judgment filed by Ron Ward . Signed by Judge Gary M. Purcell on 5/12/05. (dm)

May 16, 2005

May 16, 2005

94

UNOPPOSED MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Dennis Earl Fulbright. (Eddy, Rand) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

Case Details

State / Territory: Oklahoma

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 21, 2003

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates denied a kosher diet by the Oklahoma Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oklahoma Department of Corrections (Lexington, Cleveland), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2005 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Food service / nutrition / hydration

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run