Case: ACLU of Mass v. Leavitt

1:05-cv-11000 | U.S. District Court for the District of Massachusetts

Filed Date: May 16, 2005

Closed Date: Feb. 22, 2008

Clearinghouse coding complete

Case Summary

This case was filed by the American Civil Liberties Union of Massachusetts on May 16, 2005 in the U.S. District Court for the District of Massachusetts against the Department of Health and Human Services. The plaintiff claimed that the department's provision of more than a million dollars of public funds to a ministry called "The Silver Ring Thing" (SRT) that uses federal abstinence education funding to bring "unchurched" students to Jesus Christ constituted an unlawful establishment of religio…

This case was filed by the American Civil Liberties Union of Massachusetts on May 16, 2005 in the U.S. District Court for the District of Massachusetts against the Department of Health and Human Services. The plaintiff claimed that the department's provision of more than a million dollars of public funds to a ministry called "The Silver Ring Thing" (SRT) that uses federal abstinence education funding to bring "unchurched" students to Jesus Christ constituted an unlawful establishment of religion and a governmental endorsement and preference for religion in general and specific tenets of the ministry in particular.

The ministry developed a three hour presentation that was meant to occur directly following a mandatory abstinence education assembly in public schools and which, according to the plaintiff, was "permeated with religion."

In a two-year settlement agreement entered on February 22, 2006, the defendants acknowleged that they had terminated the SRT grant effective January 31, 2006. The agreement provided that defendants would not fund SRT's abstinence eduction as it had been structured and implemented during the fiscal year 2005, that strict requirements would be made before considering funding any future proposals from SRT, and that extensive monitoring of SRT's activities would occur if SRT was given a grant.

Summary Authors

Denise Heberle (8/7/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4282256/parties/american-civil-liberties-union-of-massachusetts-v-leavitt/


Judge(s)

Tauro, Joseph Louis (Massachusetts)

Attorneys(s) for Plaintiff

Chandrasekhar, Charua A. (New York)

Corbin, Caroline Mala (New York)

Cowie, Craig (District of Columbia)

Eisenberg, Avlana Kinnert (District of Columbia)

Freeman, Jared O. (District of Columbia)

Jueds, Victoria Howard (District of Columbia)

Mach, Daniel (District of Columbia)

Pulham, Thomas (District of Columbia)

Sternberg, Julie (New York)

Judge(s)

Tauro, Joseph Louis (Massachusetts)

Attorneys(s) for Plaintiff

Chandrasekhar, Charua A. (New York)

Corbin, Caroline Mala (New York)

Cowie, Craig (District of Columbia)

Eisenberg, Avlana Kinnert (District of Columbia)

Freeman, Jared O. (District of Columbia)

Jueds, Victoria Howard (District of Columbia)

Mach, Daniel (District of Columbia)

Pulham, Thomas (District of Columbia)

Sternberg, Julie (New York)

Tillipman, Jessica (District of Columbia)

Wunsch, Sarah (Massachusetts)

Attorneys(s) for Defendant

Coppolino, Anthony J. (District of Columbia)

Keisler, Peter D. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Sullivan, Michael J (Massachusetts)

Other Attorney(s)

Kilroy, Robert L. (Massachusetts)

Oster, Joel L. (Kansas)

Theriot, Kevin H. (Kansas)

Documents in the Clearinghouse

Document

Docket [PACER]

ACLU v. Leavitt

March 6, 2006 Docket
1

Complaint

ACLU v. Leavitt

May 16, 2005 Complaint

Settlement Agreement

Feb. 22, 2006 Settlement Agreement
20

Stipulation of Dismissal

ACLU v. Leavitt

Feb. 23, 2006 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4282256/american-civil-liberties-union-of-massachusetts-v-leavitt/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against all defendants Filing fee: $ 250, receipt number 64282, filed by American Civil Liberties Union of Massachusetts. (Attachments: # (1) Civil Cover Sheet)(Abaid, Kim)

2 Civil Cover Sheet

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May 16, 2005 RECAP
2

NOTICE of Appearance by Sarah R. Wunsch on behalf of American Civil Liberties Union of Massachusetts (Abaid, Kim)

May 16, 2005 RECAP
3

MOTION for Leave to Appear Pro Hac Vice by Daniel Mach, Jessica Tillipman, Thomas Gary Pulham, Victoria Howard Jueds, Julie Sternberg, and Caroline Mala Corbin Filing fee $ 300.00, receipt number 64282. by American Civil Liberties Union of Massachusetts. (Attachments: # (1) Certificate of Daniel Mach# (2) Certificate of Jessica Tillipman# (3) Certificate of Thomas Gary Pulham# (4) Certificate of Victoria Howard Jueds# (5) Certificate of Julie Sternberg# (6) Certificate of Caroline Mala Corbin)(Abaid, Kim) Additional attachment(s) added on 5/19/2005 (Abaid, Kim).

2 Certificate of Daniel Mach

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3 Certificate of Jessica Tillipman

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4 Certificate of Thomas Gary Pulham

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5 Certificate of Victoria Howard Jueds

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6 Certificate of Julie Sternberg

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7 Certificate of Caroline Mala Corbin

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8 Signature Page for Certificate of Service

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May 16, 2005 RECAP
4

CORPORATE DISCLOSURE STATEMENT by American Civil Liberties Union of Massachusetts. (Abaid, Kim)

May 16, 2005 RECAP
5

SUMMONS Returned Executed by American Civil Liberties Union of Massachusetts. US Attorney's Office served on 5/16/2005, answer due 7/15/2005. (Abaid, Kim)

May 17, 2005 RECAP
6

NOTICE of Appearance by Robert L. Kilroy on behalf of The Silver Ring Thing Ministries, Inc. (Kilroy, Robert)

June 23, 2005 RECAP
7

MOTION for Leave to Appear Pro Hac Vice by Kevin H. Theriot and Joel L. Oster by The Silver Ring Thing Ministries, Inc..(Kilroy, Robert)

June 23, 2005 RECAP
8

MOTION to Intervene Unopposed by The Silver Ring Thing Ministries, Inc..(Kilroy, Robert)

June 23, 2005 RECAP
9

MEMORANDUM in Support re [8] MOTION to Intervene Unopposed filed by The Silver Ring Thing Ministries, Inc.. (Kilroy, Robert)

June 23, 2005 RECAP
10

NOTICE of Appearance by Anthony J. Coppolino on behalf of Mike Leavitt, Wade Horn, Harry Wilson (Coppolino, Anthony) Additional attachment(s) added on 6/29/2005 (Abaid, Kim).

June 27, 2005 RECAP
11

Federal Defendants ANSWER to Complaint by Mike Leavitt, Wade Horn, Harry Wilson.(Coppolino, Anthony)

July 15, 2005 RECAP
12

NOTICE of Change of Address by Sarah R. Wunsch (Wunsch, Sarah)

July 28, 2005 RECAP
13

MOTION for Leave to Appear Pro Hac Vice by avlana kinnert eisenberg and craig cowie by American Civil Liberties Union of Massachusetts. (Attachments: # (1) Affidavit eisenberg certificate# (2) Affidavit cowie certificate)(Wunsch, Sarah)

2 Affidavit eisenberg certificate

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3 Affidavit cowie certificate

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Aug. 3, 2005 RECAP
14

MOTION for Extension of Time to September 6, 2005 to To respond to complaint by The Silver Ring Thing Ministries, Inc..(Oster, Joel)

Aug. 17, 2005 RECAP
15

Intervenor ANSWER to Complaint by The Silver Ring Thing Ministries, Inc..(Oster, Joel)

Sept. 6, 2005 RECAP
16

NOTICE of Scheduling Conference Scheduling Conference set for 12/6/2005 11:00 AM in Courtroom 20 before Judge Joseph L. Tauro. (Abaid, Kim)

Oct. 27, 2005 RECAP
17

Judge Joseph L. Tauro : RULE 26 DISCOVERY ORDER entered. (Abaid, Kim)

Oct. 27, 2005 RECAP
18

NOTICE of Change of Address by Joel L. Oster (Oster, Joel)

Jan. 12, 2006 RECAP
19

JOINT STATEMENT re scheduling conference. (Wunsch, Sarah)

Jan. 31, 2006 RECAP
20

NOTICE of Voluntary Dismissal by all parties (Coppolino, Anthony)

Feb. 23, 2006 RECAP

State / Territory: Massachusetts

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: May 16, 2005

Closing Date: Feb. 22, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLU of Massachusetts, on behalf of their tax-paying members who allege that federal money being used to fund 'inherently religious activities' is in violation of the Establishment Clause.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

US Department of Health and Human Services, Federal

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal