Case: Muhammad v. Terhune

2:99-cv-02773 | U.S. District Court for the District of New Jersey

Filed Date: June 15, 1999

Clearinghouse coding complete

Case Summary

This is a First Amendment case involving the provision of Halal meat to Muslim prisoners. The Clearinghouse has limited information about this case, much of which comes from an ACLU press release. According to the press release, Muslim prisoners asked the East Jersey State Prison to provide them with Halal meals after the prison banned them from receiving food packages from family members. In response, the prison offered vegetarian Halal meals. But the prisoners believed that they had a religio…

This is a First Amendment case involving the provision of Halal meat to Muslim prisoners. The Clearinghouse has limited information about this case, much of which comes from an ACLU press release. According to the press release, Muslim prisoners asked the East Jersey State Prison to provide them with Halal meals after the prison banned them from receiving food packages from family members. In response, the prison offered vegetarian Halal meals. But the prisoners believed that they had a religious obligation to eat Halal meat.

Several prisoners sued the New Jersey Department of Corrections and the prison Administrator on June 15, 1999, raising free exercise and equal protection arguments. They argued that the prison treated them worse than similarly-situated Jewish prisoners, for whom the state engaged an outside contractor to provide Kosher meals. The state responded that the prisoners were treated the same as the Jewish prisoners because the contractor provided only vegetarian Kosher meals. The state also pointed out that it only engaged the contractor to provide Kosher meals because Kosher meals could not be prepared in the prison, but the prison could prepare vegetarian Halal meals.

On October 12, 1999, Judge Maryanne T. Barry granted a preliminary injunction that required the prison to provide Halal food to the plaintiffs. The defendants moved for reconsideration and summary judgment, and the case was reassigned to Judge Faith S. Hochberg.

The district court granted summary judgment for the defendants on June 20, 2000. It reasoned that mainstream Islam does not require adherents to eat Halal meat, so the prison's policy adequately accommodated the plaintiffs' religious preferences. The Third Circuit reversed on October 2, 2002, reasoning that the fact other Muslims practiced differently did not control so long as the plaintiffs' own religious beliefs were sincerely held.

The ACLU-NJ represented the plaintiffs on remand. In 2003, the parties reached an agreement under which the prison would sell Halal meat in the commissary. However, the parties continued to dispute whether the State could require prisoners to pay for the Halal meat. The Clearinghouse is not aware of whether or how the parties resolved this dispute.

The court entered an order stipulating to dismissal on September 14, 2004. But in 2005, the plaintiffs filed a motion for a temporary restraining order or preliminary injunction. The court scheduled a hearing, but there is no additional activity on the docket. The Clearinghouse does not know how (or if) the parties ultimately resolved their dispute.

Summary Authors

Samuel Poortenga (3/19/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10962174/parties/muhammad-v-terhune/


Judge(s)

Hochberg, Faith S. (New Jersey)

Politan, Nicholas H. (New Jersey)

Attorneys(s) for Plaintiff

Barocas, Edward (New Jersey)

Cocoziello, J. Barry (New Jersey)

Dryzga, Daniel F. Jr. (New Jersey)

Attorneys(s) for Defendant

Samson, David (New Jersey)

Shane, Robert P. (New Jersey)

Judge(s)

Hochberg, Faith S. (New Jersey)

Politan, Nicholas H. (New Jersey)

Attorneys(s) for Plaintiff

Barocas, Edward (New Jersey)

Cocoziello, J. Barry (New Jersey)

Dryzga, Daniel F. Jr. (New Jersey)

Attorneys(s) for Defendant

Samson, David (New Jersey)

Shane, Robert P. (New Jersey)

Documents in the Clearinghouse

Document

2:99-cv-02773

Docket [PACER]

March 30, 2005

March 30, 2005

Docket

00-02110

Brief on Behalf of Appellees

U. S. Court of Appeals for the Third Circuit

May 7, 2002

May 7, 2002

Pleading / Motion / Brief

00-02110

Table Opinion

U. S. Court of Appeals for the Third Circuit

Oct. 2, 2002

Oct. 2, 2002

Order/Opinion

2:95-00942

ACLU Press Release

No Court

None

None

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10962174/muhammad-v-terhune/

Last updated Dec. 21, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed FILING FEE $ 150.00 RECEIPT # 272493 (femp) (Entered: 06/24/1999)

June 15, 1999

June 15, 1999

PACER
2

NOTICE of Allocation and Assignment filed. Magistrate Judge STANLEY R. CHESLER (femp) (Entered: 06/24/1999)

June 15, 1999

June 15, 1999

PACER

Complaint Received. (femp)

June 15, 1999

June 15, 1999

PACER
3

ORDER directing Clerk to issue summons and USM to serve summons and complaint w/all costs of srvc advanced by United States ( signed by Judge Maryanne T. Barry ) (femp) (Entered: 07/15/1999)

July 13, 1999

July 13, 1999

PACER
4

LETTER By DAWUD MUHAMMAD Re: Exhibit A and Exhibit B which were inadvertently omitted from complaint (copy to MTB) (femp) (Entered: 07/27/1999)

July 21, 1999

July 21, 1999

PACER

SUMMONS(ES) issued for JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT ( 20 Days) (USM) (femp)

Aug. 11, 1999

Aug. 11, 1999

PACER
5

Notice of MOTION for injunctive relief by DAWUD MUHAMMAD, Motion set for 9/13/99 on [5-1] motion proof of srvc. (Brief/PO Subm) (femp) (Entered: 08/16/1999)

Aug. 12, 1999

Aug. 12, 1999

PACER
6

Plaintiff's BRIEF filed Re: motion for injunctive relief (femp) (Entered: 08/16/1999)

Aug. 12, 1999

Aug. 12, 1999

PACER
7

RETURN OF SERVICE executed as to JACK TERHUNE, HOWARD L. BEYER 8/23/99 Answer due on 9/12/99 for HOWARD L. BEYER, for JACK TERHUNE (femp) (Entered: 09/02/1999)

Aug. 26, 1999

Aug. 26, 1999

PACER
8

RETURN OF SERVICE executed as to STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT 8/17/99 Answer due on 9/6/99 for IRENE LIPPERT, for TERRY MOORE, for STEVEN PINCHAK (femp) (Entered: 09/08/1999)

Sept. 7, 1999

Sept. 7, 1999

PACER
9

APPLICATION by JACK TERHUNE, HOWARD L. BEYER and Clerk's Order extending time to answer. Answer due 9/28/99 for HOWARD L. BEYER, for JACK TERHUNE (femp) (Entered: 09/14/1999)

Sept. 13, 1999

Sept. 13, 1999

PACER
10

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 09/13/99; The following actions were taken, [5-1] motion for injunctive relief taken under advisement; rule 78 By Judge Maryanne T. Barry (femp) (Entered: 09/20/1999)

Sept. 13, 1999

Sept. 13, 1999

PACER
11

ORDER, setting scheduling conference for 10/28/99 ( signed by Mag. Judge Stanley R. Chesler ) (mn) (Entered: 09/29/1999)

Sept. 29, 1999

Sept. 29, 1999

PACER
12

ORDER granting [5-1] motion for injunctive relief ordering deft. Jack Terhune to provide pltfs. with halaal foods ( signed by Judge Maryanne T. Barry ) (nr) (Entered: 10/14/1999)

Oct. 12, 1999

Oct. 12, 1999

PACER
13

Notice of MOTION to extend time to answer complaint by JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT, Motion set for 11/22/99 on [13-1] motion w/supporting affidavit, cert of service (SILB/PO Subm) (jd) (Entered: 10/20/1999)

Oct. 20, 1999

Oct. 20, 1999

PACER
14

Notice of MOTION for reconsideration of [12-1] order by STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT, Motion set for 11/22/99 on [14-1] motion cert of service, affidavit attacged (Brief/PO Subm) (jd) Modified on 10/26/1999 (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

PACER
15

SCHEDULING ORDER setting Discovery cutoff 2/28/00 ; Pretrial conference 4/28/00 ; ( signed by Mag. Judge Stanley R. Chesler )n/m (aa) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

PACER
16

Notice of MOTION to maintain class action by DAWUD MUHAMMAD, BRUCE STUBBS, WILLIAM MORRISON, MUJAHID SHARIF, HALIM SHAHID, HAKIM M. ABDULLAH, TERRENCE COBBS, WILLIAM LACUE, N. ISMAIL, RODNEY SEASE, Motion set for 12/13/99 on [16-1] motion letter brief and cert. of service . (PO Subm) (bl) (Entered: 11/01/1999)

Oct. 28, 1999

Oct. 28, 1999

PACER
17

CERTIFICATE OF SERVICE of opposition brief re: pltfs. motion to certify class by JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT (aa) (Entered: 11/29/1999)

Nov. 29, 1999

Nov. 29, 1999

PACER
18

Notice of MOTION to enforce injunction order by DAWUD MUHAMMAD, & cert.of service. Motion set for 1/10/00 on [18-1] motion . (PO Subm) (mn) (Entered: 12/03/1999)

Dec. 2, 1999

Dec. 2, 1999

PACER
22

Minute entry: Proceedings recorded by ; Minutes of: 12/13/99; The following actions were taken, granting [13-1] motion to extend time to answer complaint; order signed and filed on 12/20/00 By Mag. Judge Stanley R. Chesler (aa) (Entered: 01/07/2000)

Dec. 13, 1999

Dec. 13, 1999

PACER
19

ORDER reassigning action from Judge Barry to Judge Hochberg ( signed by Chief Judge Anne E. Thompson )n/m (aa) (Entered: 12/17/1999)

Dec. 16, 1999

Dec. 16, 1999

PACER

CASE reassigned to Judge Faith S. Hochberg (aa)

Dec. 16, 1999

Dec. 16, 1999

PACER
20

ORDER, extending time to answer, move or otherwise reply nunc pro tunc, within 10 days from the date of this order ( signed by Mag. Judge Stanley R. Chesler ) n/m (aa) (Entered: 12/27/1999)

Dec. 22, 1999

Dec. 22, 1999

PACER
21

Notice of MOTION for summary judgment and dismissal of plaintiff's complaint with prejudice by JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, IRENE LIPPERT, Motion set for 2/14/00 on [21-1] motion . (Brief/PO Subm)w/certificate of service. (aa) (Entered: 01/05/2000)

Jan. 3, 2000

Jan. 3, 2000

PACER
23

Minute entry: Proceedings recorded by ; Minutes of: 1/18/00; The following actions were taken, granting [13-1] motion to extend time to answer complaint By Judge Faith S. Hochberg (aa) (Entered: 01/19/2000)

Jan. 18, 2000

Jan. 18, 2000

PACER
24

JOINT STATUS REPORT by Dawud Muhammad [COPY TO fsh] (ar) (Entered: 01/27/2000)

Jan. 26, 2000

Jan. 26, 2000

PACER
25

CERTIFICATE OF SERVICE of Brief re: in opposition to dfts' motion for summary judgement (brief sub.) by DAWUD MUHAMMAD (aa) (Entered: 01/28/2000)

Jan. 26, 2000

Jan. 26, 2000

PACER
26

AFFIDAVIT of James Daniel Benedetti on behalf of JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT Re: [21-1] motion for summary judgment and dismissal of plaintiff's complaint with prejudice (aa) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

PACER
27

AFFIDAVIT of Abdul Muhammad on behalf of JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT Re: [21-1] motion for summary judgment and dismissal of plaintiff's complaint with prejudice (aa) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

PACER
28

CERTIFICATION of Sharif Abdur-Raqeeb, Dawud Muhammad and Khalil Ramson on behalf of DAWUD MUHAMMAD Re: in opposition to dfts' motion for summary judgement. w/certificate of service. (aa) (Entered: 02/18/2000)

Feb. 17, 2000

Feb. 17, 2000

PACER
29

Minute entry: Proceedings recorded by ; Minutes of: 3/13/00; The following actions were taken, [16-1] motion to maintain class action taken under advisement pursuant to R78 By Judge Faith S. Hochberg (aa) (Entered: 03/15/2000)

March 13, 2000

March 13, 2000

PACER
30

Minute entry: Proceedings recorded by ; Minutes of: 3/13/00; The following actions were taken, [14-1] motion for reconsideration of [12-1] order taken under advisement pursuant to R78 By Judge Faith S. Hochberg (aa) (Entered: 03/15/2000)

March 13, 2000

March 13, 2000

PACER
31

Minute entry: Proceedings recorded by ; Minutes of: 3/13/00; The following actions were taken, [18-1] motion to enforce injunction order taken under advisement pursuant to R78 By Judge Faith S. Hochberg (aa) (Entered: 03/15/2000)

March 13, 2000

March 13, 2000

PACER
32

CERTIFICATE OF SERVICE of pltfs' pretrial information by DAWUD MUHAMMAD, BRUCE STUBBS, WILLIAM MORRISON etal. (aa) (Entered: 04/03/2000)

March 31, 2000

March 31, 2000

PACER
33

FINAL PRETRIAL ORDER filed ( signed by Mag. Judge Stanley R. Chesler ) n/m (aa) (Entered: 05/10/2000)

May 10, 2000

May 10, 2000

PACER
34

OPINION ( signed by Judge Faith S. Hochberg ) cc: NJLJ (aa) (Entered: 06/21/2000)

June 20, 2000

June 20, 2000

PACER
35

ORDER granting [21-1] motion for summary judgment and dismissal of plaintiff's complaint with prejudice denying [18-1] motion to enforce injunction order; dfts' motion for a rehearing on the preliminary injunction is denied as moot; the preliminary injunction currently in place is hereby dissolved; Ordered case closed ( signed by Judge Faith S. Hochberg ) n/m (aa) (Entered: 06/21/2000)

June 20, 2000

June 20, 2000

PACER

Case closed (aa)

June 21, 2000

June 21, 2000

PACER
36

NOTICE OF APPEAL filed at 11:30 a.m. by (pro se) DAWUD MUHAMMAD, Bruce Stubbs, William Morrison, Mujahid Sharif, William Lacue, Halim Shahib, Hakim M. Abdullah, Terrance Cobb, Nurideen Ismail and Rodney Sease Re: [35-1] order and [34-1] opinion. Fee Status: not paid. Copies of notice of appeal sent to Clerk, USCA Attorney(s): ROBERT P. SHANE, DANIEL F. DRYZGA JR., DAWUD MUHAMMAD (DS) Modified on 08/25/2000 (Entered: 07/17/2000)

July 14, 2000

July 14, 2000

PACER
37

NOTICE of Docketing ROA from USCA Re: [36-1] appeal USCA NUMBER: 00-2110 (DS) (Entered: 07/24/2000)

July 24, 2000

July 24, 2000

PACER
38

NOTICE of Docketing ROA from USCA Re: [36-1] appeal USCA NUMBER: 00-2110 (DS) (Entered: 07/26/2000)

July 26, 2000

July 26, 2000

PACER
39

Certified Copy Of Order from the USCA granting ifp motion. Appellant is required to pay the full $105.00 fee in installments regardless of the outcome of the appeal. (DS) (Entered: 08/28/2000)

Aug. 28, 2000

Aug. 28, 2000

PACER

Record on appeal sent to U.S. Court of Appeals: [36-1] appeal (DS)

June 18, 2001

June 18, 2001

PACER

USCA recvd record on appeal 6/19/01 (DS)

June 21, 2001

June 21, 2001

PACER

USCA appeal fees received $ 105.00; Receipt No. 302497 (DS)

July 30, 2001

July 30, 2001

PACER

USCA recvd cert list in lieu of record 7/25/01 (DS)

July 30, 2001

July 30, 2001

PACER
40

Certified Copy Of Order from the USCA denied motions as unnecessary except insofar as the appellants are granted leave to file a typewritten brief in accordance w/Rule 31, FRAP; the filing and docketing fees for this joint appeal have been paid. The assessment made against the appellant, Dawud Muhammad, at the time he was granted leave to proceed ifp is vacated since the fees have been paid and is, accordingly, no longer proceeding ifp except insofar as leave to file a typewritten brief have been granted in this order; appeal no. 00-2110 (DS) (Entered: 08/20/2001)

Aug. 16, 2001

Aug. 16, 2001

PACER
41

LETTER by Judge Hochberg to parties and counsel re briefing schedule directing defts. to file brief in support of summary judgment papers by 11/1/02; opposition by 11/29/02; DEFTS TO SERVE REPLY BRIEF by 12/6/02, and motion will be deemed returnable 12/9/02. (bl) (Entered: 10/21/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
42

Copy of OPINION from USCA (ce) (Entered: 11/01/2002)

Oct. 31, 2002

Oct. 31, 2002

PACER
43

JUDGMENT OF USCA (certified copy) vacating USDC judgment of June 21, 2000 and remanding matter back to the USDC for further proceedings. (cc:Chambers) (ce) Modified on 11/06/2002 (Entered: 11/01/2002)

Oct. 31, 2002

Oct. 31, 2002

PACER

Record on appeal returned from U.S. Court of Appeals: [36-1] appeal. USCA# 00-2110 (ce) Modified on 11/01/2002

Oct. 31, 2002

Oct. 31, 2002

PACER
44

Letter Order setting briefing schedule for dfts' motion for summary judgment; motion shall be deemed returnable on 12/9/02, etc. ( signed by Judge Faith S. Hochberg ) (aa) (Entered: 11/12/2002)

Nov. 8, 2002

Nov. 8, 2002

PACER
45

Letter Order granting extension for 14 days in which dfts. may submit their brief re: motion for summary judgment ( signed by Judge Faith S. Hochberg )n/m (aa) (Entered: 11/13/2002)

Nov. 8, 2002

Nov. 8, 2002

PACER
46

Notice of MOTION for summary judgment by JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT, Motion set for 1/13/03 on [46-1] motion w/certsvc. (Brief/PO Subm) (aa) (Entered: 11/20/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
47

CERTIFICATION of David Ragonese on behalf of JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT Re: [46-1] motion for summary judgment (aa) (Entered: 11/20/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
48

AFFIDAVIT of Imam Abdul Muhammad on behalf of JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT Re: [46-1] motion for summary judgment (aa) (Entered: 11/20/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
49

LETTER first request for production of documents etc. By DAWUD MUHAMMAD [copy to fsh] (ar) (Entered: 12/10/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
50

Plaintiff's BRIEF & Appendix filed Re: in opposition to Motion for Summary Judgment {copy sent to (FSH)} (DD) (Entered: 01/02/2003)

Dec. 30, 2002

Dec. 30, 2002

PACER
52

ORDER appointing Pro Bono Counsel for DAWUD MUHAMMAD, BRUCE STUBBS, WILLIAM MORRISON, MUJAHID SHARIF, HALIM SHAHID, HAKIM M. ABDULLAH, TERRENCE COBBS, WILLIAM LACUE, N. ISMAIL, RODNEY SEASE ; Appointing attorney EDWARD L. BAROCAS. ( signed by Judge Faith S. Hochberg ) (copy to M) (bl) (Entered: 01/10/2003)

Jan. 8, 2003

Jan. 8, 2003

PACER
51

LETTER By DAWUD MUHAMMAD of copies of two opinions that are part of appendix to brief (copy to FSH) (jd) Modified on 01/10/2003 (Entered: 01/10/2003)

Jan. 9, 2003

Jan. 9, 2003

PACER
53

Letter Order staying briefing and resolution of deft's motion until 2/6/02( signed by Judge Faith S. Hochberg )n/m (aa) (Entered: 01/30/2003)

Jan. 28, 2003

Jan. 28, 2003

PACER
54

Notice of MOTION for Edward Barocas to withdraw as attorney by DAWUD MUHAMMAD, BRUCE STUBBS, WILLIAM MORRISON, etal. Motion set for 2/24/03 on [54-1] motion w/attch'd Certification of Edward Barocas & certsvc. (PO Subm) (aa) (Entered: 02/04/2003)

Jan. 30, 2003

Jan. 30, 2003

PACER
55

ORDER stating that Mag. Judge Arleo is to hear counsel's unopposed emergent motion to be relieved by counsel & Mag. Judge Arleo shall decide whether counsel shall be permitted to file the Supplemental Certification of Edward Barocas under seal ( signed by Judge Faith S. Hochberg ) (NM) (aa) (Entered: 02/11/2003)

Feb. 7, 2003

Feb. 7, 2003

PACER
56

ORDER [54-1] motion for Edward Barocas to withdraw as attorney referred to Magistrate Judge Madeline C. Arleo, etc. ( signed by Judge Faith S. Hochberg ) (NM) (aa) (Entered: 02/18/2003)

Feb. 11, 2003

Feb. 11, 2003

PACER
57

ORDER granting [54-1] motion for Edward Barocas to withdraw as attorney (Terminated attorney EDWARD L. BAROCAS for RODNEY SEASE, attorney EDWARD L. BAROCAS for N. ISMAIL, attorney EDWARD L. BAROCAS for WILLIAM LACUE, attorney EDWARD L. BAROCAS for TERRENCE COBBS, attorney EDWARD L. BAROCAS for HAKIM M. ABDULLAH, attorney EDWARD L. BAROCAS for HALIM SHAHID, attorney EDWARD L. BAROCAS for MUJAHID SHARIF, attorney EDWARD L. BAROCAS for WILLIAM MORRISON, attorney EDWARD L. BAROCAS for BRUCE STUBBS, attorney EDWARD L. BAROCAS for DAWUD MUHAMMAD; & indicating pltfs will rely on pro se brief already submitted, defts' reply brief shall be fld. by 3/28/03. ( signed by Magistrate Judge Madeline C. Arleo ) (NM) (sr) (Entered: 03/14/2003)

March 13, 2003

March 13, 2003

PACER
58

Notice of MOTION for appointment of counsel by DAWUD MUHAMMAD, Motion set for 4/28/03 on [58-1] motion cert of service (PO Subm) (jd) (Entered: 03/28/2003)

March 27, 2003

March 27, 2003

PACER
59

CERTIFICATION of Dawud Muhammad on behalf of DAWUD MUHAMMAD in support of [58-1] motion for appointment of counsel (jd) (Entered: 03/28/2003)

March 27, 2003

March 27, 2003

PACER
60

ORDER appointing Pro Bono Counsel for DAWUD MUHAMMAD, BRUCE STUBBS, WILLIAM MORRISON, MUJAHID SHARIF, HALIM SHAHID, HAKIM M. ABDULLAH, TERRENCE COBBS, WILLIAM LACUE, N. ISMAIL, RODNEY SEASE ; granting [58-1] motion for appointment of counsel ( signed by Magistrate Judge Patty Shwartz ) (jd) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

PACER
61

Notice of MOTION to supplement the record by DAWUD MUHAMMAD, Motion set for 6/23/03 on [61-1] motion CILB, w/cert of service. (PO Subm) (sr) (Entered: 05/15/2003)

May 14, 2003

May 14, 2003

PACER
62

Notice of MOTION to enforce preliminary injunction by DAWUD MUHAMMAD, WILLIAM MORRISON, MUJAHID SHARIF, HALIM SHAHID, HAKIM M. ABDULLAH, TERRENCE COBBS, WILLIAM LACUE, N. ISMAIL, Motion set for 7/14/03 on [62-1] motion cilb and cert. of service . (Brief/PO Subm) (bl) (Entered: 06/03/2003)

June 2, 2003

June 2, 2003

PACER
63

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 6/9/03; The following actions were taken, [46-1] motion for summary judgment taken under advisement Rule 78 By Judge Faith S. Hochberg (ak) (Entered: 06/11/2003)

June 9, 2003

June 9, 2003

PACER
64

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 6/23/03; The following actions were taken, [61-1] motion to supplement the record taken under advisement. Rule 78 By Judge Faith S. Hochberg (cs) (Entered: 06/26/2003)

June 23, 2003

June 23, 2003

PACER
65

ORDER appointing Pro Bono Counsel for DAWUD MUHAMMAD ; Appointing attorney J. BARRY COCOZIELLO. ( signed by Judge Faith S. Hochberg ) (ar) (Entered: 07/02/2003)

June 25, 2003

June 25, 2003

PACER
66

OPINION AND ORDER administratively terminating defts' motion for summary judgment; pltfs' motion to supplement the record and pltfs' motion to enforce the Preliminary Injunction; the court will notify counsel of a status conference date for the purpose of addressing the issues in this case; court will establish an orderly schedule for re-filing and briefing of the parties respective motions at the status conference. ( signed by Judge Faith S. Hochberg ) (jd) (Entered: 07/14/2003)

July 7, 2003

July 7, 2003

PACER
67

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 7/14/03; The following actions were taken, adm terminated on 7/7/03 re: [62-1] motion to enforce preliminary injunction By Judge Faith S. Hochberg (dc) (Entered: 07/23/2003)

July 14, 2003

July 14, 2003

PACER
68

ORDER, that the State will make available Aquil Hakim Onque, Inmate No. 120598, for deposition at East Jersey State Prison etc. ( signed by Judge Faith S. Hochberg ) (NM) (dc) (Entered: 11/13/2003)

Nov. 6, 2003

Nov. 6, 2003

PACER

Deadline updated; terminating [61-1] motion to supplement the record, terminating [58-1] motion for appointment of counsel, terminating [54-1] motion for Edward Barocas to withdraw as attorney, terminating [46-1] motion for summary judgment (RG)

Dec. 1, 2003

Dec. 1, 2003

PACER
69

CASE MANAGEMENT ORDER. Signed by Judge Faith S. Hochberg on 7/29/04. (dc, ) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

PACER
70

STIPULATION OF DISMISSAL AND ORDER dismissing the action w/prejudice and w/out costs. Signed by Judge Faith S. Hochberg on 9/9/04. (dc, ) (Entered: 09/15/2004)

Sept. 14, 2004

Sept. 14, 2004

PACER
71

ORDER denying w/out prejudice Pltf's application for temporary restraints and preliminary injunctive relief to enforce the Settlement Agreement entered into by the parties on 9/9/04, etc.. Signed by Judge Faith S. Hochberg on 3/30/05. (dc, ) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

PACER
72

NOTICE OF MOTION for Temporary Restraining Order and/or Preliminary Injunction by DAWUD MUHAMMAD. (Attachments: # 1 EMERGENT MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION# 2 MOTION TO DISPENSE WITH THE REQUIREMENT OF SECURITY# 3 Certification # 4 Text of Proposed Order # 5 Certificate of Service # 6 Statement # 7 Disciplinary Report# 8 Settlement Agreement# 9 Letter dated July 7, 2004# 10 Cover Letter# 11 Cover Letter )(dc, ) (Entered: 04/01/2005)

March 30, 2005

March 30, 2005

PACER

Set hearing as to 72 EMERGENT MOTION for Temporary Restraining Order and/or Preliminary Injunction. Motion Hearing set for 4/25/2005 10:00 AM before Judge Faith S. Hochberg. Please be advised that this motion will be decided on the papers unless otherwise notified by the court. (dc, )

March 30, 2005

March 30, 2005

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Key Dates

Filing Date: June 15, 1999

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Muslim prisoners at East Jersey State Prison

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

East Jersey State Prison (Avenel, Middlesex), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Free Exercise Clause

Equal Protection

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Food service / nutrition / hydration

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run