Case: Pugh v. Goord

1:00-cv-07279 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 27, 2000

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On 09/27/2000, three prisoners in New York state prisons, filing pro se, sued officials of the New York State Department of Correctional Services ("DOCS") and prison ministerial program coordinators. Professing to be Shiite Muslims, the plaintiffs alleged violations of their First and Fourteenth Amendment rights in that the defendants failed to provide them religious accommodations separate from those provided for Sunni Muslim prisoners. Their 42 U.S.C. § 1983 complaint, filed in the U.S. Dist…

On 09/27/2000, three prisoners in New York state prisons, filing pro se, sued officials of the New York State Department of Correctional Services ("DOCS") and prison ministerial program coordinators. Professing to be Shiite Muslims, the plaintiffs alleged violations of their First and Fourteenth Amendment rights in that the defendants failed to provide them religious accommodations separate from those provided for Sunni Muslim prisoners. Their 42 U.S.C. § 1983 complaint, filed in the U.S. District Court for the Southern District of New York, sought class-action status for the case. On September 27, 2000, an unpublished order of District Judge Michael B. Mukasey observed that the complaint set out conclusions rather than factual specifics. Judge Mukasey directed the plaintiffs to amend their complaint to include specific allegations of how their religious freedom was burdened and what alternate means of worship the defendants should provide, so that the allegations would enable the defendants to mount an intelligent defense.

On November 17, 2000, the pro se plaintiffs filed their amended complaint. It sought a total of $500,000 in compensatory damages and injunctive relief. The relief would require the defendants to provide Shi'a prisoners a separate prayer area and access for Shi'a volunteers to assist in worship and religious study. Part of their complaint alleged that the DOCS religious program serving Islamic prisoners was administered by an openly hostile Sunni imam provided by DOCS.

The judge held an initial case management conference on June 7, 2001, with the plaintiffs appearing by telephone. Defendants' counsel advised that the case may be moot, in view of changes DOCS was making in response to a recent ruling in state court case, Cancel v. Goord, 717 N.Y.S.2d 610 (N. Y. App. Div. 2000). Defendants stated that they would add measures designed to secure the First Amendment rights of Shiite prisoners, but they disagreed with plaintiffs that separate services were constitutionally mandated. The unresolved dispute prompted the court to direct the parties to proceed to discovery. On August 13, 2001, plaintiffs filed a motion for a preliminary injunction, challenging the adequacy of the DOCS programs for Shiite prisoners and seeking an injunction requiring defendants to establish a separate religious program for Shiite prisoners.

District Judge Gerard E. Lynch denied the plaintiffs' motion on January 3, 2002, in Pugh v. Goord, 184 F.3d 326 (S.D. N.Y. 2002). The judge observed that DOCS' protocol formed the basis of the constitutional claims. Judge Lynch reviewed the measures DOCS had taken in August 2001 (post-Cancel v. Goord) to improve protections of Shiite prisoners’ rights. He adjudged these measures reasonable, ruling that establishing separate services for Shi'a and Sunni prisoners was not constitutionally required, in view of administrative and security burdens stemming from separate services. The defendants also had taken steps to address the alleged conduct of the imam. Plaintiffs could not, by this lawsuit, require the defendants to do more to discipline or control him, according to the court, since the plaintiffs had not exhausted available administrative remedies (as required by a part of the Prison Litigation Reform Act, 42 U.S.C. § 1997e, before bringing a § 1983 action with respect to prison conditions). In denying the motion for preliminary injunction, the judge ruled that plaintiffs' case would be dismissed, as well, since his decision considered all information relevant to plaintiffs' central goal of separate services.

Private counsel then entered on behalf of the plaintiffs and, on March 15, 2002, requested that the district judge vacate his order of dismissal. The request was accompanied by extensive discussion of Shiite-Sunni differences, DOCS practices, and alleged discrimination against Shiites in other DOCS facilities; however, Judge Lynch denied the plaintiffs' request on October 10, 2002. His unpublished order adhered to his earlier finding that DOCS had set forth reasonable justifications for refusing to provide separate opportunities for congregate worship. The judge also declined to consider a new argument that defendants' conduct violated the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), since that claim had not been made previously.

The plaintiffs appealed to the U.S. Circuit Court of Appeals for the Second Circuit. There, on September 24, 2003, a panel of the court ruled that Judge Lynch had erred by dismissing the case entirely without first providing notice to the parties, who at that point only had reason to expect a ruling on the pending motion for a preliminary injunction. The appellate court did not address the merits of plaintiffs' claims. The panel did note that the plaintiffs, on remand, would have an opportunity to amend their complaint, if they chose. Pugh v. Goord, 345 F.3d 121 (2d Cir. 2003) (Circuit Judges Richard C. Wesley, Guido Calabresi, and Ellsworth Alfred Van Graafeiland).

On January 18, 2004, the plaintiffs filed their second amended complaint. (By this time, one plaintiff had been released from prison.) The complaint now set out in detail what the plaintiffs contended were substantial religious differences between Shiite and Sunni Muslim beliefs and practices. It asserted that DOCS provisions for Islamic prisoners failed to adequately respect these differences, and noted that DOCS-provided Sunni religious leaders had denigrated Shiite beliefs in prison sessions. Nonparty co-conspirators were named in the complaint and were alleged to have conspired with certain of the named defendants (past and present Islamic ministerial program coordinators) to make an extremist form of Sunni Islam the official version of Islam within DOCS facilities and to deny Shiite prisoners free exercise of religion and equal protection of the laws. The complaint noted that the prisons the defendants operated provided separate religious accommodations for eight denominations of Christian religious adherents and three variants of Islamic religious beliefs, but not for Shiites. Alleged violations of plaintiffs' constitutional and statutory rights by the defendants included their (1) imposing of an unjustified substantial burden on plaintiffs' religious exercise, contrary to 42 U.S.C. § 2000-cc (the "RLUIPA"); (2) denial of plaintiffs' rights under the First and Fourteenth Amendment guaranteeing the free exercise of religion, precluding the official establishment of a religion, and providing for equal protection of law; (3) conspiracy to deny in violation of 42 U.S.C § 1985, and failure to prevent a conspiracy to deny in violation of 42 U.S.C. § 1986, these First and Fourteenth Amendment rights; and (4) violation of the rights to free exercise of religion provided by the New York constitution and statutes. Plaintiffs sought declaratory and injunctive relief, compensatory, nominal and punitive damages, and an award of attorney's fees and costs.

On September 15, 2004, the case was reassigned to District Judge Kenneth M. Karas. In the following months, discovery ensued, as did a challenge to the constitutionality of the RLUIPA. The challenge resulted, on January 19, 2006, in the United States filing a motion to intervene in defense of the constitutionality of that statute. The motion was granted on May 1, 2006, without opposition. On April 5, 2006, the plaintiffs filed for summary judgment. They later supplemented their motion on November 7 and 13, 2007.

On September 4, 2007, the case was reassigned to Judge Richard J. Sullivan, and oral arguments were scheduled for February 13, 2008. On August 1,2008, the plaintiff’s motion for summary judgment was granted and denied in part. The judgement granted the defendants' motion for summary judgment with regard to finding the now released plaintiff's claims for injunctive relief as moot, and ruled in favor of the defendants with regard to the plaintiff's claim that a successful claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) could include monetary damages. The defendants' motion for summary judgment was denied in all other respects. 571 F.Supp.2d 477.

On August 15, 2008, defendants appealed, on September 3, 2008, the plaintiffs cross-appealed. A status conference was held on October 31, 2008. As a result of that meeting, the court ordered that the parties submit a joint status letter by November 21, 2008, informing the court of the status of their settlement negotiations; this deadline was extended until January 9, 2009.

On January 29, 2009, the parties signed a settlement agreement and the plaintiffs dropped their claims against the defendants. The settlement agreement awarded damages of $6,000 total to the plaintiffs. It also created a policy for New York State Department of Correctional Services requiring that for three years after the agreement is signed, correctional facilities provide Shi’a services, including providing volunteer facilitators and a Shi’a imam. The parties agreed that once the three years passed, if the New York State Department of Correctional Services chose to end the program, they would need to notify the plaintiffs within sixty days. The agreed-upon services were conditional upon at least five people being present at the service, including the imam. Current inmates would be able to opt into the service within sixty days of the program being rolled out, and incoming inmates would be able to also opt-in to the services within sixty days of beginning their sentence. The case was closed and inactive as of July 1, 2009.

Summary Authors

Mike Fagan (5/1/2008)

Christiana Johnson (11/7/2019)

People


Judge(s)

Karas, Kenneth M. (New York)

Lynch, Gerard E. (New York)

Sullivan, Richard Joseph (New York)

Van Graafeiland, Ellsworth Alfred (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Chatin, Clay (New York)

Coleman, Claire E. (New York)

Ennis, Errol (New York)

Flintoft, Caroline M. (New York)

Hamil, Edward (New York)

Judge(s)

Karas, Kenneth M. (New York)

Lynch, Gerard E. (New York)

Sullivan, Richard Joseph (New York)

Van Graafeiland, Ellsworth Alfred (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Chatin, Clay (New York)

Coleman, Claire E. (New York)

Ennis, Errol (New York)

Flintoft, Caroline M. (New York)

Hamil, Edward (New York)

Howlett, Amy E. (New York)

Kent, J. Andrew (New York)

Lavine, Aaron Olshina (New York)

Pugh, Thomas Jr. (New York)

Attorneys(s) for Defendant

Belohlavek, Michael S. (New York)

Cohen, Leonard Arthur (New York)

Keane, Michael J. (New York)

Pandya, Sachin S. (New York)

Walsh, Mark T. (New York)

Other Attorney(s)

Calabresi, Guido (Connecticut)

Mezan, Richard S. (District of Columbia)

Documents in the Clearinghouse

Document

1:00-cv-07279

02-00030

Docket [PACER - 2nd Cir.]

U. S. Court of Appeals for the Second Circuit

Feb. 26, 2004

Feb. 26, 2004

Docket

1:00-cv-07279

Docket [PACER]

July 1, 2009

July 1, 2009

Docket
30

1:00-cv-07279

Opinion and Order [Dismissing Case]

184 F.Supp.2d 326

Jan. 3, 2002

Jan. 3, 2002

Order/Opinion
45

1:00-cv-07279

Opinion and Order [Denying Plaintiff's Motion to Vacate Judgment]

2002 WL 31296323, 2002 U.S.Dist.LEXIS 19382

Oct. 10, 2002

Oct. 10, 2002

Order/Opinion

02-00030

[Appellate Opinion]

U. S. Court of Appeals for the Second Circuit

345 F.3d 121

Sept. 24, 2003

Sept. 24, 2003

Order/Opinion

1:00-cv-07279

Second Amended Complaint

Jan. 18, 2004

Jan. 18, 2004

Complaint
144

1:01-cv-07279

Memorandum and Order

Aug. 1, 2008

Aug. 1, 2008

Order/Opinion
161

1:00-cv-07279

Stipulation of Settlement

Jan. 29, 2009

Jan. 29, 2009

Settlement Agreement

Resources

Docket

Last updated Aug. 11, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS by Thomas Pugh Jr., Errol Ennis, Edward Hamil, Clay Chatin (bm) (Entered: 09/29/2000)

Sept. 27, 2000

Sept. 27, 2000

2

COMPLAINT filed. (bm) (Entered: 09/29/2000)

Sept. 27, 2000

Sept. 27, 2000

Magistrate Judge Ronald L. Ellis is so Designated. (bm) (Entered: 09/29/2000)

Sept. 27, 2000

Sept. 27, 2000

3

60 DAYS ORDER...The plaintiffs are hereby directed to file an amended complaint containing the information specified above. Should plantiff decide to file an amended complaint, it must be submitted to this Court's Pro Se Office within 60 days of the date of this order, be captioned as an "Amended Complaint" and bear the same docket number as this order. A copy of this Order must be attached to the amended complaint. Plaintiffs are advised that their amened complaint will completely replace their original complaint. No summons shall be issued at this time and all further proceedings shall be stayed for sixty days or until plaintiff has complied with this order. If plaintiff fails to comply with this order within the time allowed, the complaint will be dismissed. Once submitted, the amended complaint shall be reviewed for compliance with this order and substantive sufficiency and then, if proper, the case shall be reassigned to a district judge in accordance with the procedures of the Clerk's Office. If this case is reassigned, a copy of this Order shall be served with the summons and amended complaint. I certify pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith. ( signed by Chief Judge Michael B. Mukasey ) Copies mailed. (bm) (Entered: 09/29/2000)

Sept. 27, 2000

Sept. 27, 2000

4

AMENDED COMPLAINT by Thomas Pugh Jr., Errol Ennis, Edward Hamil, Clay Chatin: amending [2-1] complaint (cd) (Entered: 11/21/2000)

Nov. 17, 2000

Nov. 17, 2000

5

Notice of reassignment to Judge Gerard E. Lynch . Copy of notice and judge's rules mailed to Attorney(s) of record: Clay Chatin, Edward Hamil, Errol Ennis, Thomas Pugh Jr.. (bm) (Entered: 11/30/2000)

Nov. 29, 2000

Nov. 29, 2000

A summons was issued on 12/19/00. (kw) (Entered: 01/02/2001)

Dec. 28, 2000

Dec. 28, 2000

6

ACKNOWLEDGEMENT OF SERVICE of S&C as to Ada Perez by self on 2/21/01. Answer due on 3/13/01 for Ada Perez. (lf) (Entered: 03/08/2001)

March 7, 2001

March 7, 2001

7

ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint as to Glen Goord by William Gonzalez on 2/21/01. Answer due on 3/13/01 for Glen Goord. (cd) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

8

ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint as to T. Eagen by personal svc on 2/20/01. Answer due on 3/12/01 for T. Eagen. (cd) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

9

ACKNOWLEDGEMENT OF SERVICE of summons and complaint as to William Mazzuca by personal svc on 2/28/01. Answer due on 3/20/01 for William Mazzuca. (cd) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

10

ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint as to Lewis Goidel by personal svc on 2/20/01. Answer due on 3/12/01 for Lewis Goidel. (cd) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

11

Memo-Endorsement on letter addressed to Judge Lynch from Leonard A. Cohen, dated 3/9/01; reset answer due for 5/9/01 for Warith Deen Umar, for T. Eagen, for Lewis Goidel, for Ada Perez, for William Mazzuca, for Glen Goord . ( signed by Judge Gerard E. Lynch ); Copies mailed. (sn) (Entered: 03/19/2001)

March 15, 2001

March 15, 2001

12

RETURN OF SERVICE of summons and complaint executed as to Warith Deen Umar by personal service on 4/2/01. Answer due on 4/23/01 for Warith Deen Umar. (kw) (Entered: 04/26/2001)

April 25, 2001

April 25, 2001

13

ANSWER TO THE AMENDED COMPLAINT by Glen Goord, William Mazzuca, Ada Perez, Lewis Goidel, T. Eagen, and Warith Deen Umar (Attorney Leonard Arthur Cohen from the Attorney General of the State of New York); jury demand. (kw) (Entered: 05/14/2001)

May 10, 2001

May 10, 2001

14

ORDER, reset all discovery due for 9/30/01 ; the next conference before the Court is scheduled for 10/5/01 at 2:45 pm, at which time, if the case has not by then been settled, the parties should be prepared to discuss both a timetable for motion practice and the status of the state court remedial process ( signed by Judge Gerard E. Lynch ); Copies mailed. (cd) (Entered: 06/12/2001)

June 12, 2001

June 12, 2001

15

NOTICE of change of address by Errol Ennis. (kkc) (Entered: 07/20/2001)

July 18, 2001

July 18, 2001

Memo from the Pro Se Office regarding the change of address of Errol Ennis. (kw) (Entered: 08/06/2001)

Aug. 3, 2001

Aug. 3, 2001

17

ORDER, all parties should be prepared, at the 10/5 conference, to address whether the new protocol moots this action. In particular, if the plntfs believe that the policies adopted in the protocol violate their constitutional rights, they should be prepared to explain what aspects of the new policy they maintain are unconstitutional ; the Clerk is respectfully directed to docket and file in the record of this case the letters referred to in this Order ( signed by Judge Gerard E. Lynch ); Copies mailed. (cd) (Entered: 08/22/2001)

Aug. 21, 2001

Aug. 21, 2001

18

NOTICE OF MOTION by Thomas Pugh Jr., for preliminary injunction pursuant to Rule 65 of the FRCP . Affidavit of Thomas Pugh Jr. in support is attached. Return date 10/5/01. (kw) (Entered: 08/31/2001)

Aug. 27, 2001

Aug. 27, 2001

19

Memo-Endorsement on letter addressed to Judge Lynch from Leonard A. Cohen, dated 9/5/01; deft's response to motion reset to 9/14/01 for [18-1] motion for preliminary injunction pursuant to Rule 65 of the FRCP . ( signed by Judge Gerard E. Lynch ); Copies mailed. (sn) (Entered: 09/21/2001)

Sept. 19, 2001

Sept. 19, 2001

20

ORDER PURS TO RULE 30: PLAINTIFF EDWARD HAMIL; an Assistant Attorney General may take the deposition of plaintiff Edward Hamil before a notary public, or some other officer authorized to administer oaths by the laws of the United States or of the State of NY, at any New York State Correctional Facility, upon notice to the plaintiff and Superintendent of the correctional facility ; Plaintiff is further advised that if he fails to attend and complete his own deposition, the Court may impose sanctions purs to FRCP 37(d), which may include an order dismissing the complaint in this action ; ( signed by Judge Gerard E. Lynch ); Copies mailed. (djc) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

21

ORDER PURSUANT TO RULE 30: PLAINTIFF CLAY CHATIN; an Assistant Atty General may take the deposition of plaintiff Clay Chatin before an otary public, or some other officer authorized to administer oaths by the laws of the United States of the State of NY, at any New York State Correctional Facility, upon notice to the plaintiff and Superintendent of the correctional facility ; Plaintiff is further advised that if he fails to attend and complete his own deposition the Court may impose sanctions purs to FRCP 37(d), which may include an order dismissing the complaint in this action ; ( signed by Judge Gerard E. Lynch ); Copies mailed. (djc) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

22

ORDER PURSUANT TO RULE 30: PLAINTIFF THOMAS PUGH, JR.; An Assistant Attorney General may take the deposition of Plaintiff Thomas Pugh, Jr. before a notary public, or some other officer authorized to administer oaths by the laws of the United States or of the State of NY, at any New York State Correctional Facility, upon notice to the plaintiff and Superintendent of the correctinal facility ; Plantiff is further advised that if he fails to attend and complete his own deposition, the Court may impose sanctions purs to FRCP 37(d), which may include an order dismissing the complaint in this action ; ( signed by Judge Gerard E. Lynch ); Copies mailed. (djc) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

24

Memo-Endorsement on letter addressed to Judge Lynch from Leonard A. Cohen, dated 9/10/01, granting defts request for leave of the Court to take Mr. Ennis' deposition at any time prior to the date of the trial of this matter in the event he returns to the US ( signed by Judge Gerard E. Lynch ); Copies mailed. (cd) (Entered: 10/04/2001)

Oct. 3, 2001

Oct. 3, 2001

25

AFFIDAVIT of Leonard A. Cohen by defendants in opposition to [18-1] motion for preliminary injunction pursuant to Rule 65 of the FRCP. (kw) Modified on 10/30/2001 (Entered: 10/30/2001)

Oct. 29, 2001

Oct. 29, 2001

26

MEMORANDUM OF LAW by defendants in opposition to [18-1] motion for preliminary injunction pursuant to Rule 65 of the FRCP. (kw) (Entered: 10/30/2001)

Oct. 29, 2001

Oct. 29, 2001

27

AFFIDAVIT of John Loconte in opposition to [18-1] motion for preliminary injunction pursuant to Rule 65 of the FRCP. (tp) (Entered: 11/08/2001)

Nov. 7, 2001

Nov. 7, 2001

28

AFFIDAVIT of Thomas Pugh Jr. in opposition to [27-1] affidavit. (kw) (Entered: 11/16/2001)

Nov. 13, 2001

Nov. 13, 2001

29

Transcript of record of proceedings before Judge Gerard E. Lynch on 10/5/01. (kw) (Entered: 12/06/2001)

Dec. 6, 2001

Dec. 6, 2001

30

OPINION and ORDER #86413, that for the reasons set forth, the Court is denying [18-1] motion for preliminary injunction pursuant to Rule 65 of the FRCP, and plaintiffs' claims are dismissed in their entirety. ( signed by Judge Gerard E. Lynch ); Copies mailed. (tp) (Entered: 01/03/2002)

Jan. 3, 2002

Jan. 3, 2002

Case closed. (tp) (Entered: 01/03/2002)

Jan. 3, 2002

Jan. 3, 2002

31

NOTICE OF APPEAL by Thomas Pugh Jr.; from [30-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Attorney Generals Office for the State of New York. *(I.F.P. REVOKED 9/27/00)* *($105.00 APPEAL FILING FEE DUE)*. (dt) (Entered: 01/31/2002)

Jan. 15, 2002

Jan. 15, 2002

Notice of appeal and certified copy of docket to USCA: [31-1] appeal by Thomas Pugh Jr. ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 01/31/2002)

Jan. 31, 2002

Jan. 31, 2002

32

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [31-1] appeal by Thomas Pugh Jr. (dt) (Entered: 01/31/2002)

Jan. 31, 2002

Jan. 31, 2002

by Thomas Pugh Jr., Indexed record on appeal files sent to the U.S.C.A.. (dt) (Entered: 01/31/2002)

Jan. 31, 2002

Jan. 31, 2002

33

MEMORANDUM OF LAW by Thomas Pugh Jr., Edward Hamil, Clay Chatin in support of Rule 60 motion vacating the January 3, 2002 Opinion and Order. (yv) (Entered: 03/20/2002)

March 18, 2002

March 18, 2002

34

NOTICE OF MOTION by Thomas Pugh Jr., Edward Hamil, Clay Chatin pursuant to FRCP 60(b) for an Order indicating that the Court is likely to grant plaintiff's Rule 60(b) motion, allowing plaintiffs to move the Court of Appeals for the Second Circuit for a remand, returning jurisdiction to the District Court , an Order setting aside the factual findings and conclusions of law contained in the Court's January 3, 2002 Opinion and Order which denied plaintiffs' motion for a preliminary injunction and dismissed this action . Return date not indicated. (yv) (Entered: 03/20/2002)

March 18, 2002

March 18, 2002

35

DECLARATION of J. Andrew Kent by Thomas Pugh Jr., Edward Hamil, Clay Chatin in support Re: Rule 60 motion of Thomas Pugh, Edward Hamil and Clay Chatin. (yv) (Entered: 03/20/2002)

March 18, 2002

March 18, 2002

36

Memo-Endorsement on letter addressed to Judge Lynch from Leonard A. Cohen, dated 3/26/02; granting counsel for defts' request for an extension to respond until 4/9/02 to [34-1] motion pursuant to FRCP 60(b) for an Order indicating that the Court is likely to grant plaintiff's Rule 60(b) motion, allowing plaintiffs to move the Court of Appeals for the Second Circuit for a remand, returning jurisdiction to the District Court; reset to 4/9/02 for [34-2] motion an Order setting aside the factual findings and conclusions of law contained in the Court's January 3, 2002 Opinion and Order which denied plaintiffs' motion for a preliminary injunction and dismissed this action . ( signed by Judge Gerard E. Lynch ); Copies mailed. (sn) (Entered: 04/04/2002)

March 29, 2002

March 29, 2002

37

MEMORANDUM OF LAW by Glen Goord, William Mazzuca, Ada Perez, Lewis Goidel, T. Eagen, Warith Deen Umar in opposition to [34-1] motion pursuant to FRCP 60(b) for an Order indicating that the Court is likely to grant plaintiff's Rule 60(b) motion, allowing plaintiffs to move the Court of Appeals for the Second Circuit for a remand, returning jurisdiction to the District Court, [34-2] motion an Order setting aside the factual findings and conclusions of law contained in the Court's January 3, 2002 Opinion and Order which denied plaintiffs' motion for a preliminary injunction and dismissed this action . (cd) (Entered: 04/17/2002)

April 12, 2002

April 12, 2002

38

AFFIDAVIT of Leonard Cohen by Glen Goord, William Mazzuca, Ada Perez, Lewis Goidel, T. Eagen, Warith Deen Umar in opposition to [34-1] motion pursuant to FRCP 60(b) for an Order indicating that the Court is likely to grant plaintiff's Rule 60(b) motion, allowing plaintiffs to move the Court of Appeals for the Second Circuit for a remand, returning jurisdiction to the District Court, [34-2] motion an Order setting aside the factual findings and conclusions of law contained in the Court's January 3, 2002 Opinion and Order which denied plaintiffs' motion for a preliminary injunction and dismissed this action . (cd) (Entered: 04/17/2002)

April 12, 2002

April 12, 2002

39

NOTICE of attorney appearance for Thomas Pugh Jr., Edward Hamil, Clay Chatin by James Andrew Kent. (djc) (Entered: 04/30/2002)

April 22, 2002

April 22, 2002

40

REPLY MEMORANDUM by Thomas Pugh Jr., Errol Ennis, Edward Hamil, Clay Chatin in support of re: [34-2] motion an Order setting aside the factual findings and conclusions of law contained in the Court's January 3, 2002 Opinion and Order which denied plaintiffs' motion for a preliminary injunction and dismissed this action (ae) (Entered: 05/02/2002)

April 30, 2002

April 30, 2002

41

MEMORANDUM OF LAW by Glen Goord, William Mazzuca, Ada Perez, Lewis Goidel, T. Eagen, Warith Deen Umar in opposition to [34-1] motion pursuant to FRCP 60(b) for an Order indicating that the Court is likely to grant plaintiff's Rule 60(b) motion, allowing plaintiffs to move the Court of Appeals for the Second Circuit for a remand, returning jurisdiction to the District Court, [34-2] motion an Order setting aside the factual findings and conclusions of law contained in the Court's January 3, 2002 Opinion and Order which denied plaintiffs' motion for a preliminary injunction and dismissed this action . (pl) (Entered: 05/03/2002)

May 1, 2002

May 1, 2002

42

REPLY MEMORANDUM by Thomas Pugh Jr., Errol Ennis, Edward Hamil, Clay Chatin in further support of re: [34-1] motion pursuant to FRCP 60(b) for an Order indicating that the Court is likely to grant plaintiff's Rule 60(b) motion, allowing plaintiffs to move the Court of Appeals for the Second Circuit for a remand, returning jurisdiction to the District Court, [34-2] motion an Order setting aside the factual findings and conclusions of law contained in the Court's January 3, 2002 Opinion and Order which denied plaintiffs' motion for a preliminary injunction and dismissed this action (pl) (Entered: 05/03/2002)

May 1, 2002

May 1, 2002

43

DECLARATION of J.Andrew Kent by Thomas Pugh Jr., Errol Ennis, Edward Hamil, Clay Chatin in support of Re: [34-1] motion pursuant to FRCP 60(b) for an Order indicating that the Court is likely to grant plaintiff's Rule 60(b) motion, allowing plaintiffs to move the Court of Appeals for the Second Circuit for a remand, returning jurisdiction to the District Court, [34-2] motion an Order setting aside the factual findings and conclusions of law contained in the Court's January 3, 2002 Opinion and Order which denied plaintiffs' motion for a preliminary injunction and dismissed this action . (pl) (Entered: 05/03/2002)

May 1, 2002

May 1, 2002

USCA appeal fees received $105.00 6/20/02 on receipt # E 0442608. U.S.C.A. # 02-30. (dt) (Entered: 06/28/2002)

June 28, 2002

June 28, 2002

45

MEMORANDUM OPINION # 87556, denying [34-1] motion pursuant to FRCP 60(b) for an Order indicating that the Court is likely to grant plaintiff's Rule 60(b) motion, allowing plaintiffs to move the Court of Appeals for the Second Circuit for a remand, returning jurisdiction to the District Court, denying [34-2] motion an Order setting aside the factual findings and conclusions of law contained in the Court's January 3, 2002 Opinion and Order which denied plaintiffs' motion for a preliminary injunction and dismissed this action . ( signed by Judge Gerard E. Lynch ); (yv) (Entered: 10/17/2002)

Oct. 10, 2002

Oct. 10, 2002

44

AMENDED NOTICE OF APPEAL by Thomas Pugh Jr., Clay Chatin, Edward Hamil ; from ; the Decision of October 3, 2002 not entered in this action as of yet, amending [31-1] appeal from . Copies of notice of appeal mailed to Attorney(s) of Record: Leonard Arthur Cohen, Esq. (dt) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

Notice of appeal and certified copy of docket to USCA: [44-1] appeal by Edward Hamil, Clay Chatin, Thomas Pugh Jr. ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

USCA Case Number Re: [31-1] appeal by Thomas Pugh Jr., [44-1] appeal by Edward Hamil, Clay Chatin, Thomas Pugh Jr. USCA NUMBER: 02-30. (dt) (Entered: 11/26/2002)

Nov. 26, 2002

Nov. 26, 2002

USCA appeal fees received $105.00 12/16/02 on receipt # E 0459520. (dt) (Entered: 12/16/2002)

Dec. 16, 2002

Dec. 16, 2002

46

Filed notice of 1st. suppl. transmittal of R.O.A. [31-1] appeal by Thomas Pugh Jr., [44-1] appeal by Edward Hamil, Clay Chatin, Thomas Pugh Jr. (pr) (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

by Thomas Pugh Jr., Edward Hamil and Clay Chatin, 1st Supplemental indexed record on appeal files (02-0030) sent to the U.S.C.A. to Frank Perez. (dt) (Entered: 01/16/2003)

Jan. 16, 2003

Jan. 16, 2003

47

NOTICE of Finling of Amended Notices of Appeal by Edward Hamil, Clay Chatin . (cd) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

Record on appeal file (02-0030) returned from U.S. Court of Appeals: [31-1] appeal by Thomas Pugh Jr. (pr) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

48

MANDATE OF USCA (certified copy) Re: [31-1] appeal by Thomas Pugh Jr., [44-1] appeal by Edward Hamil, Clay Chatin, Thomas Pugh Jr. ORDERED ADJUDGED AND DECREED that the judgment of the district court is VACATED AND REMANDED in accordance with the opinion of this court. ISSUED AS MANDATE 11/6/03, 02-0030. MACKECHNIE, CLERK, USCA. (pr) (Entered: 11/21/2003)

Nov. 19, 2003

Nov. 19, 2003

49

CASE MANAGEMENT PLAN: The case is to be tried by a jury; Joinder of additional parties must be accomplished by 1/5/04; amended complaint may be filed until 1/5/04; all fact discovery is to be completed by 5/14/04; first request for production of documents, if any, are to be served by 1/5/04; interrogatories pursuant to Local Rule 33.3(a) of the Civil Rules of the Southern District of New York to be served by 3/1/04; depositions are to be completed by 4/19/04; experts, if any, are to be designated by 4/5/04, and experts' reports exchanged no later than 4/5/04; requests to admit, if any, are to be served no later than 4/23/04; next case management conference scheduled for 5/21/04 at 10:30 A.M. (Signed by Judge Gerard E. Lynch on 12/2/03) (sac, ) (Entered: 12/23/2003)

Dec. 8, 2003

Dec. 8, 2003

50

SECOND AMENDED COMPLAINT amending [4] 30/60 Days Amended Complaint against Jimmie Harris, John Nuttal, Frank Headley, John R. LoConte, Mark Lenard, Muhammad Salih Ahmed, Ismail Abdur Rahim, Glen Goord, William Mazzuca, Ada Perez, Warith Deen Umar.Document filed by Clay Chatin, Edward Hamil, Thomas Pugh Jr. Related document: [4] 30/60 Days Amended Complaint filed by Errol Ennis, Clay Chatin, Edward Hamil, Thomas Pugh.(sac, ) (Entered: 01/26/2004)

Jan. 20, 2004

Jan. 20, 2004

Set Answer Due Date re: [50] Amended Complaint, as to Muhammad Salih Ahmed answer due on 1/30/2004; Glen Goord answer due on 1/30/2004; Jimmie Harris answer due on 1/30/2004; Frank Headley answer due on 1/30/2004; Mark Lenard answer due on 1/30/2004; John R. LoConte answer due on 1/30/2004; William Mazzuca answer due on 1/30/2004; John Nuttal answer due on 1/30/2004; Ada Perez answer due on 1/30/2004; Ismail Abdur Rahim answer due on 1/30/2004; Warith Deen Umar answer due on 1/30/2004. (sac, ) (Entered: 01/26/2004)

Jan. 20, 2004

Jan. 20, 2004

51

Civil Case Management Paln Amended Answer due by 4/16/2004. Deposition due by 7/16/2004. Discovery due by 8/16/2004. Case Management Conference set for 8/16/2004 04:30 PM before Judge Gerard E. Lynch. (Signed by Judge Gerard E. Lynch on 4/1/2004) (jsa, ) (Entered: 04/16/2004)

April 14, 2004

April 14, 2004

Set Answer Due Date re: [50] Amended Complaint, as to Muhammad Salih Ahmed answer due on 4/26/2004; T. Eagen answer due on 4/26/2004; Lewis Goidel answer due on 4/16/2004; Glen Goord answer due on 4/16/2004; Jimmie Harris answer due on 4/16/2004; Frank Headley answer due on 4/16/2004; Mark Lenard answer due on 4/16/2004; John R. LoConte answer due on 4/16/2004; William Mazzuca answer due on 4/16/2004; John Nuttal answer due on 4/16/2004; Ada Perez answer due on 4/16/2004; Ismail Abdur Rahim answer due on 4/16/2004; Warith Deen Umar answer due on 4/16/2004. (jsa, ) (Entered: 04/16/2004)

April 14, 2004

April 14, 2004

52

AFFIDAVIT OF SERVICE of Summons and Amended Complaint as to the New York State Department of Correctional Services. Service was accepted by William M. Gonzalez. Document filed by Clay Chatin, Edward Hamil, Thomas Pugh Jr. (db, ) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

53

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. John Nuttal served on 3/19/2004, answer due 4/8/2004. Service was accepted by Maryann Richards. Document filed by Clay Chatin ; Errol Ennis ; Edward Hamil ; Thomas Pugh Jr. (yv, ) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

54

AFFIDAVIT OF SERVICE. Muhammad Salih Ahmed served on 3/5/2004, answer due 3/25/2004. Service was accepted by Helen Denno, Records Mgr.. Document filed by Clay Chatin ; Edward Hamil ; Thomas Pugh Jr.. (dle, ) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

55

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Jimmie Harris served on 3/30/2004, answer due 4/19/2004. Service was accepted by Stephen Johnson. Document filed by Clay Chatin ; Edward Hamil ; Thomas Pugh Jr.. (dle, ) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

56

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Mark Lenard served on 3/19/2004, answer due 4/8/2004. Service was accepted by Joanne Jergens. Document filed by Clay Chatin ; Edward Hamil ; Thomas Pugh Jr. (kw, ) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

57

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. John R. LoConte served on 2/24/2004, answer due 3/15/2004. Service was accepted by William M. Gonzalez. Document filed by Clay Chatin ; Edward Hamil ; Thomas Pugh Jr. (jco, ) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

58

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Ismail Abdur Rahim served on 3/19/2004, answer due 4/8/2004. Service was accepted by Joanne Jergens. Document filed by Clay Chatin ; Errol Ennis ; Edward Hamil ; Thomas Pugh Jr.. (pl, ) (Entered: 04/21/2004)

April 19, 2004

April 19, 2004

60

ENDORSED LETTER addressed to Judge Lynch from Michael Keane dated 7/28/04: granting an extension of time until 9/16/04 to conclude all discovery. The 8/16 conference is adjourned until 9/17/04 at 3:30 pm. (Signed by Judge Gerard E. Lynch on 8/3/04) (cd, ) (Entered: 08/12/2004)

Aug. 10, 2004

Aug. 10, 2004

61

ANSWER to Second Amended Complaint. Document filed by Glen Goord, Jimmie Harris, Frank Headley, Mark Lenard, William Mazzuca, John Nuttal, Ada Perez. Related document: [50] Amended Complaint, filed by Clay Chatin, Edward Hamil, Thomas Pugh.(sac, ) (Entered: 09/01/2004)

Aug. 30, 2004

Aug. 30, 2004

62

NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Gerard E. Lynch no longer assigned to the case. (laq, ) (Entered: 09/15/2004)

Sept. 3, 2004

Sept. 3, 2004

Mailed notice to the attorney(s) of record. (laq, ) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

63

SCHEDULING ORDER: Status Conference set for 11/5/2004 10:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 9/20/04) Copies mailed by chambers.(pl, ) (Entered: 09/30/2004)

Sept. 27, 2004

Sept. 27, 2004

64

ORDER, that the NYS Office of the Attorney General is relieved as counsel for deft Umar and that all papers shall be served on deft at 520 Feura Bush Road Glenmont, NY 12077 (518) 475-0437. It is further ordreed tha the Office of the State Atty Genl provide a copy of this order to Mr. Umar at the above address. (Signed by Judge Kenneth M. Karas on 10/5/04) copies sent by chambers.(cd, ) (Entered: 10/15/2004)

Oct. 13, 2004

Oct. 13, 2004

65

STATE DEFTS' ORDER TO DEPOSE INMATES, Thomas Pugh and Clay Chatin, as further set forth in this document. (Signed by Judge Kenneth M. Karas on 10/5/04) (cd, ) (Entered: 10/15/2004)

Oct. 13, 2004

Oct. 13, 2004

66

NOTICE of Appearance by Claire E. Coleman on behalf of Clay Chatin, Thomas Pugh Jr. (jmi, ) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

67

SCHEDULING ORDER (DUPLICATE ORIGINAL): that state defendants shall complete production of documents by 9/24/04; Status Conference set for 11/5/2004 10:00 AM before Judge Kenneth M. Karas. Additional deadlines are as set forth in this Order. (Signed by Judge Kenneth M. Karas on 9/20/04) (pl, ) (Entered: 11/03/2004)

Nov. 1, 2004

Nov. 1, 2004

MEMORANDUM TO THE DOCKET CLERK: Discovery conference held. Mr. Walsh will be filing a notice of appearance for defendant Loconte. Further conference set for 12/10/04 at 3:30 pm (yv, ) (Entered: 11/12/2004)

Nov. 5, 2004

Nov. 5, 2004

68

ORDER: Status Conference set for 12/10/2004 at 3:30 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 11/10/04) (sac, ) (Entered: 11/12/2004)

Nov. 10, 2004

Nov. 10, 2004

69

NOTICE of Appearance by Mark T. Walsh on behalf of John R. LoConte (jco, ) (Entered: 11/18/2004)

Nov. 15, 2004

Nov. 15, 2004

70

ORDER; Plaintiffs shall submit a response, in the form of a letter brief of no more than 3 pages, by the close of business on 12/8/04. (Signed by Judge Kenneth M. Karas on 12/2/04) (sac, ) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

71

ORDER Plaintiffs shall submit for in camera review documentation regarding the basis for Plaintiff Pugh's assertion, in his deposition, of the Fifth Amendment privilege against self incrimination by 12/17/04. Defendants shall submit for in camera review the requested "personal files" and "personal files" by 12/17/04. Plaintiffs shall submit a letter outlining why each question raised in their rebuttal expert report is in response to the amended expert report or deposition of Defendants' expert Neguin Yavari by 12/17/04. Defendant shall respond by 12/27/04. A conference is scheduled for 1/19/05 at 2:30PM. Responses due by 12/27/2004 (Signed by Judge Kenneth M. Karas on 12/15/04) (dfe, ) (Entered: 12/21/2004)

Dec. 17, 2004

Dec. 17, 2004

72

AFFIDAVIT of Caroline M. Flintoft. Document filed by Errol Ennis, Edward Hamil, Thomas Pugh Jr.. (jmi, ) (Entered: 12/23/2004)

Dec. 17, 2004

Dec. 17, 2004

73

ORDER; defts request to compel pltff Pugh to respond to all questions is denied. (Signed by Judge Kenneth M. Karas on 12/21/2004) (jp, ) (Entered: 12/27/2004)

Dec. 23, 2004

Dec. 23, 2004

74

ENDORSED LETTER addressed to Judge Karas from Caroline Flintoft dated 12/17/2004 re: counsel requests permission to withdraw as counsel for pltff. The application will be held in abeyance to permit counsel to provide greater detail to the specific efforts to contact Mr. Hamil. (Signed by Judge Kenneth M. Karas on 12/21/2004) (jp, ) (Entered: 12/27/2004)

Dec. 23, 2004

Dec. 23, 2004

75

ANSWER to Second Amended Complaint. Document filed by John R. LoConte. Related document: [50] Amended Complaint, filed by Clay Chatin, Edward Hamil, Thomas Pugh, Jr.(db, ) (Entered: 01/06/2005)

Jan. 3, 2005

Jan. 3, 2005

77

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Claire E. Coleman dated 12/29/04 re: Counsel for plaintiff writes to request an opportunity to reply in writing. Alternatively, plaintiffs request the opportunity to address defendants' assertions and arguments at the January 19 conference. Plaintiffs are given until 1/7/05 to file any reply to defendants' 12/23 and 27 letters regarding plaintiffs' expert rebuttal report. So Ordered. (Signed by Judge Kenneth M. Karas on 12/30/04) (jco, ) (Entered: 01/07/2005)

Jan. 4, 2005

Jan. 4, 2005

78

NOTICE of Constitutional Challenge; pursuant to Rule 24(c) of the FRCP, dft LoConte notifies the court of his constitutional challenge to theReligious Land Use and Institutional Persons Act of 2000. Document filed by John R. LoConte. (dle, ) (Entered: 01/10/2005)

Jan. 4, 2005

Jan. 4, 2005

76

TRANSCRIPT of proceedings held on 12/13/04 (jog, ) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

79

ANSWER to Amended Complaint. Document filed by Muhammad Salih Ahmed, Ismail Abdur Rahim. Related document: [50] Amended Complaint, filed by Clay Chatin,, Edward Hamil,, Thomas Pugh, Jr.(kw, ) (Entered: 02/07/2005)

Feb. 2, 2005

Feb. 2, 2005

80

ORDER; the application to preclude the expert report of Sheikh Mohammad is denied. (Signed by Judge Kenneth M. Karas on 2/3/05) (sac, ) (Entered: 02/11/2005)

Feb. 9, 2005

Feb. 9, 2005

81

ANSWER to Amended Complaint. Document filed by Warith Deen Umar. Related document: [50] Amended Complaint, filed by Clay Chatin,, Edward Hamil,, Thomas Pugh, Jr..(dle, ) (Entered: 02/24/2005)

Feb. 18, 2005

Feb. 18, 2005

83

NOTICE of Appearance by Caroline Marie Flintoft on behalf of Thomas Pugh, Jr, Edward Hamil, Clay Chatin. (db, ) (Entered: 03/07/2005)

March 1, 2005

March 1, 2005

84

ORDER: pursuant to Local Rule 1.4, Claire Coleman and Caroline M. Flintoft are substituted as counsel of record for plaintiffs in place of James Andrew Kent. (Signed by Judge Kenneth M. Karas on 3/2/05) (db, ) (Entered: 03/09/2005)

March 7, 2005

March 7, 2005

85

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Michael Keene dated 3/1/05 re: defendants application but not made on behalf of defendant Imam Umar or Lo Cante, is GRANTED. Those defendants have until 3/9/05 to submit the date-stamped documents, and any briefing and plaintiffs' response is due 3/21/05. (Signed by Judge Kenneth M. Karas on 3/2/05) (db, ) (Entered: 03/10/2005)

March 7, 2005

March 7, 2005

86

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Caroline M. Flintoft dated 3/1/05 re: Caroline M. Flintoft and Ms. Coleman request that the Court withdraw their motion to withdraw as counsel for plaintiff Edward Hamil. Application GRANTED. (Signed by Judge Kenneth M. Karas on 3/2/05) (db, ) (Entered: 03/10/2005)

March 7, 2005

March 7, 2005

87

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Mark Walsh dated 3/11/05 re: counsel for dfts requests to serve their sur rebuttal report by 4/29/05. Dfts are given until 4/29/05 to serve their sur rebuttal report. Plaintiff will have until 5/27/05 to depose this expert. (Signed by Judge Kenneth M. Karas on 3/16/05) (dle, ) (Entered: 03/23/2005)

March 21, 2005

March 21, 2005

88

ORDER; that the application to modify the protective order governing the disclosure of certain documents in this case is granted in part and denied in part. (Signed by Judge Kenneth M. Karas on 4/15/05) (pl, ) (Entered: 04/28/2005)

April 22, 2005

April 22, 2005

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2000

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prisoners who are Shi'ite Muslims and who were only allowed access to Sunni Muslim services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Commissioner Glen Goord, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Establishment Clause

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 6,000

Order Duration: 2009 - 2012

Content of Injunction:

Required disclosure

Other requirements regarding hiring, promotion, retention

Preliminary relief denied

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run