Case: Kelly v. Lapan

1:07-cv-04149 | U.S. District Court for the Southern District of New York

Filed Date: May 29, 2007

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On 05/29/2007, Memorial Day, inmates at the federal prison camp in Otisville, N.Y., found that prison authorities had taken hundreds of books off the chapel library shelves. According to an Associated Press report, the removal of the books was "part of a long-delayed, post-Sept. 11 federal directive intended to prevent radical religious texts, specifically Islamic ones, from falling into the hands of violent inmates." Three inmates at Otisville filed a lawsuit in U.S. District Court in the S…

On 05/29/2007, Memorial Day, inmates at the federal prison camp in Otisville, N.Y., found that prison authorities had taken hundreds of books off the chapel library shelves. According to an Associated Press report, the removal of the books was "part of a long-delayed, post-Sept. 11 federal directive intended to prevent radical religious texts, specifically Islamic ones, from falling into the hands of violent inmates." Three inmates at Otisville filed a lawsuit in U.S. District Court in the Southern District of New York on May 29, 2007, saying their Constitutional rights were violated; they alleged that the books in question were both Christian and Muslim.

According to the AP report of the resulting temporary restraining order (TRO) hearing, held May 31, 2007 before U.S. District Judge Laura Taylor Swain, the government explained that under the new rules, prison libraries were limiting the number of books for each religion to between 100 and 150; officials would eventually expand the number.

In an oral ruling, the court denied the TRO, and directed the plaintiffs to pursue administrative remedies; Judge Swain set deadlines for preliminary injunction papers over the summer. The government informed the court that it would not destroy the books in question until at least October 2007.

The case was referred to Magistrate Judge Frank Maas on June 21, 2007. Plaintiffs' wrote to the Magistrate on June 31 stating they believed they would exhaust the grievance process before being released. The Magistrate ordered the case closed on June 30. The Court (Judge Laura Talor Swain) approved Plaintiffs' voluntary dismissal of their claims without prejudice on August 28. The case is now closed.

Summary Authors

Margo Schlanger (6/11/2007)

Kenneth Gray (7/11/2013)

People


Judge(s)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Klein, Solomon (New York)

Silverman, Moses (New York)

Attorneys(s) for Defendant

Feldman, Brian M. (New York)

Judge(s)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Klein, Solomon (New York)

Silverman, Moses (New York)

Attorneys(s) for Defendant

Feldman, Brian M. (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

Sept. 4, 2007 Docket

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Harley Lapan, J.M. Killian. Document filed by Douglas Kelly, Moshe Milstein, John Okon.(jeh) (Entered: 05/30/2007)

May 29, 2007

Magistrate Judge Frank Maas is so designated. (jeh) (Entered: 05/31/2007)

May 29, 2007

MEMORANDUM TO THE DOCKET CLERK: Preliminary Injunction/TRO Hearing begun and (continued) 5/31/07 before the Hon. Laura Taylor Swain− TRO denied for reasons stated on record. Plaintiff's to pursue administrative remedy at facility. Plaintiff's to serve and file PI motion by 6/29/07− Govt to respond by 7/31/07. Any reply by 8/31/07. 921/07 for Govt to reply. (tro) (Entered: 06/04/2007)

May 31, 2007
2

ORDER: The Court will hold a hearing on the attached Order to Show Cause on Thursday, May 31, 2007, at 11:30 a.m. The Court will provide a copy of this order, as well as the complaint and the plaintiffs moving papers to the United States Attorney's Office is hereby requested to make arrangements for telephonic participation by the Plaintiffs. (Signed by Judge Laura Taylor Swain on 5/30/07) Copies Faxed By Chambers.(js) (Entered: 06/04/2007)

May 31, 2007
3

ORDER; For the reasons stated on the record at the May 31, 2007 hearing, Plaintiffs' application for an Order to Show Cause and TRO is denied. As also stated on the record at the May 31, 2007 hearing, Plaintiff's preliminary injunction motion papers in this matter are to be filed and served by 6/29/07. Opposition papers, as well as any cross−motion, shall be filed and served by 7/31/07. Plaintiffs' response papers to any cross−motion, as well as any reply to their preliminary injunction papers, shall be filed and served by 8/31/07. The government's reply papers on its cross−motion shall be filed and served by 09/21/07. (Signed by Judge Laura Taylor Swain on 5/31/07) (djc) (Entered: 06/07/2007)

June 4, 2007
4

ORDER; The Clerk of Court is respectfully requested to amend the Court records to reflect the register number of plaintiffs Moshe Milstein (No. 56279−053) and John Okun (No. 84294−054). Additionally, the Court records shall reflect the following address for all of the named plaintiffs in this action: FCI Otisville, P.O. Box 1000, Otisville, NY 10963−1000. (Signed by Judge Laura Taylor Swain on 5/31/07) Copies mailed.(djc) (Entered: 06/07/2007)

June 4, 2007
5

LETTER addressed to Judge Laura Taylor Swain from Brian M. Feldman dated 6/1/07 re: to inform the court that the library materials at issue in this matter will not be dicarded until at least October 2007.. (tro) (Entered: 06/07/2007)

June 5, 2007
7

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Douglas Kelly, Moshe Milstein, and John Okon dated 6/11/2007 re: request that Honor direct the Government to supply the Policy Statement to us forthwith. ENDORSEMENT: The undersigned has referred this case, by order date June 18, 2007, to Magistrate Judge Maas. The foregoing letter shall be directed to Judge Maas with a copy to the undersigned. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/18/2007) Copies Mailed By Chambers.(jmi) (Entered: 06/20/2007)

June 19, 2007
6

TRANSCRIPT of proceedings held on 5/31/2007 before Judge Laura Taylor Swain. (lca) (Entered: 06/20/2007)

June 20, 2007
8

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non−dispositive pretrial motions, and settlement. Referred to Magistrate Judge Frank Maas. (Signed by Judge Laura Taylor Swain on 6/18/2007) Copies Mailed &Faxed By Chambers.(jpo) (Entered: 06/25/2007)

June 21, 2007
11

NOTICE OF APPEARANCE by Moses Silverman on behalf of Douglas Kelly, Moshe Milstein, John Okon (dle) (Entered: 07/06/2007)

June 27, 2007
12

NOTICE OF APPEARANCE by Solomon N. Klein on behalf of Douglas Kelly, Moshe Milstein, John Okon (dle) (Entered: 07/06/2007)

June 27, 2007
10

STIPULATION AND ORDER: Plts' Motion for a prliminary injunction due by 7/30/2007. Dfts' Response as well as any Cross Motion are due by 8/31/2007. Plts' Replies to Preliminary Injunction papers as well as any response to any Cross Motion are due by 9/28/2007. The govt's reply papers on its cross−motion is due by 10/19/2007. (Signed by Judge Frank Maas on 6/28/2007) (jar) (Entered: 07/03/2007)

June 29, 2007
13

AFFIDAVIT OF SERVICE of Summons and Complaint. J.M. Killian served on 6/28/2007, answer due 7/18/2007. Service was accepted by Orlavia Hines, U.S. District Attorney's Office. Document filed by Douglas Kelly; Moshe Milstein; John Okon. (dle) (Entered: 07/06/2007)

July 2, 2007
14

AFFIDAVIT OF SERVICE of Summons and Complaint. Harley Lapan served on 6/28/2007, answer due 7/18/2007. Service was accepted by Orlavia Hines, U.S. District Attorney's Office. Document filed by Douglas Kelly; Moshe Milstein; John Okon. (dle) (Entered: 07/06/2007)

July 2, 2007

Minute Entry for proceedings held before Judge Frank Maas : Telephone Conference held on 7/10/2007. (tro) (Entered: 07/16/2007)

July 10, 2007
15

ORDER: Pursuant to the telephone conference held earlier today, it is hereby ORDERED that: On or before July 30, 2007, the plaintiffs may file an amended complaint; A telephone conference shall be held on August 2, 2007, at 11:30 am. Plaintiff's counsel shall initiate the conference by calling the main number for chambers, which is (212)805−6727. SO ORDERED: (Signed by Judge Frank Maas on 07/10/07) (dcr) (Entered: 07/18/2007)

July 12, 2007
17

SUMMONS RETURNED EXECUTED Summons and Complaint served. Harley Lapan served on 6/28/2007, answer due 8/27/2007; J.M. Killian served on 6/28/2007, answer due 8/27/2007. Service was made by certified mail. Document filed by Douglas Kelly; Moshe Milstein; John Okon. (jar) (Entered: 07/31/2007)

July 27, 2007
16

TRANSCRIPT of proceedings held on 5/31/07 before Judge Laura Taylor Swain. (jbe) (Entered: 07/30/2007)

July 30, 2007
18

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Solomon N. Klein dated 7/27/2007 re: we now believe it feasible that Plts will exhaust the grievance process prior to their release from Otisville. ENDORSEMENT: In view of this letter, the conference is cancelled and the Clerk of the Court is respectfully requested to close the case. (Signed by Judge Frank Maas on 7/30/2007) (jar) (Entered: 08/01/2007)

July 31, 2007
19

NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. without prejudice. (Signed by Judge Laura Taylor Swain on 8/27/07) (kco) (Entered: 08/28/2007)

Aug. 28, 2007

CASE NO LONGER REFERRED to Magistrate Judge Frank Maas. I have closed the above reference for magistrate judge statistical purposes. Reason: Case Dismissed. (jco) (Entered: 09/17/2007)

Sept. 4, 2007

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 29, 2007

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three inmates at the federal prison camp in Otisville, N.Y.

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Prisons (Otisville), Federal

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Library (non-law) access

Religious programs / policies

Affected Gender:

Male

Type of Facility:

Government-run