Case: Cutter v. Wilkinson

2:97-cv-00382 | U.S. District Court for the Southern District of Ohio

Filed Date: April 3, 1997

Closed Date: 2009

Clearinghouse coding complete

Case Summary

Beginning on April 3, 1997, three prisoners in the state of Ohio filed separate lawsuits in the U.S. District Court for the Southern District of Ohio under 42 U.S.C. § 1983 against the Ohio Department of Corrections. Each of the plaintiffs claimed that his constitutional right to practice his religion, which was protected by the newly enacted Religious Land Use and Institutionalized Persons Act (RLUIPA), had been violated during his incarceration. The defendants argued that RLUIPA was unconst…

Beginning on April 3, 1997, three prisoners in the state of Ohio filed separate lawsuits in the U.S. District Court for the Southern District of Ohio under 42 U.S.C. § 1983 against the Ohio Department of Corrections. Each of the plaintiffs claimed that his constitutional right to practice his religion, which was protected by the newly enacted Religious Land Use and Institutionalized Persons Act (RLUIPA), had been violated during his incarceration. The defendants argued that RLUIPA was unconstitutional, exceeding Congress' powers under either the Spending Clause or the Commerce Clause of the Constitution. The three cases (Gerhardt v. Lazaroff, Hampton v. Wilkinson, and Miller v. Wilkinson) were consolidated at the request of the defendants for the purpose of ruling on the constitutionality of RLUIPA. On March 14, 2001, the U.S. Attorney General's Office was granted permission to intervene in the case as a plaintiff to defend the constitutionality of RLUIPA. Ohio State University College of Law represented the plaintiffs.

On February 25, 2002, the U.S. District Court for the Southern District of Ohio (Judge Edmund A. Sargus and Judge James L. Graham) denied the defendants' motion to dismiss the complaint, holding that: 1) Congress's condition that states which received federal funds for prison activities or programs had to comply with RLUIPA was a proper exercise of Congressional power under the Spending Clause; 2) that this condition did not violate the Establishment Clause; 3) that the state was not immune from this lawsuit under the Tenth Amendment; and 4) that the state had waived its Eleventh Amendment immunity. Gerhardt v. Lazaroff, 221 F.Supp.2d 827 (S.D.Ohio 2002). The defendants appealed.

On November 7, 2003, the U.S. Court of Appeals for the Sixth Circuit (Judge Karen Nelson Moore, Judge Ronald Lee Gilman, and Judge Arthur J. Tarnow) reversed the district court's judgment and remanded the case, holding that the provision in RLUIPA which is applicable to institutionalized persons, prohibiting the government from imposing a substantial burden on prisoners' exercise of religion unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means, violated the Establishment Clause. Cutter v. Wilkinson, 349 F.3d 257 (6th Cir. 2003). The plaintiffs appealed, and on October 12, 2004, the U.S. Supreme Court granted the petition for writ of certiorari. Cutter v. Wilkinson, 125 S.Ct. 308 (2004).

On May 31, 2005, the U.S. Supreme Court unanimously reversed the judgment of the Sixth Circuit, holding that RLUIPA's institutionalized-persons provision was a constitutionally permissible exercise of Congress' power under the Spending Clause. The Court then remanded the case back to the circuit court for consideration of the merits of each individual claim. Cutter v. Wilkinson, 125 S.Ct. 2113 (2005).

On September 13, 2005, the U.S. Court of Appeals for the Sixth Circuit (Judge Moore, Judge Gilman, and Judge Tarnow) affirmed the original judgment of the district court, holding that RLUIPA was constitutional under the Spending Clause, the Establishment Clause, and the Tenth Amendment. The circuit court then remanded the case back to the district court for further proceedings. Cutter v. Wilkinson, 423 F.3d 579 (6th Cir. 2005).

Litigation continued, and in 2009, the parties moved to conditionally dismiss the case because they reached a settlement agreement. The parties reopened the case while they worked out the language of the agreement, though there seemed to be no dispute of the content of the agreement. The settlement agreement remained private, though it seems that the defendants issued a settlement check to the plaintiffs, according to a joint motion filed by the parties to reopen the case.

Summary Authors

Kristen Sagar (8/19/2007)

Maurice Youkanna (8/1/2014)

People


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Angell, Robert C. (Ohio)

Cannon, Marci L. (Ohio)

Carney, Stephen P. (Ohio)

Cole, Douglas Russell (Ohio)

Expert/Monitor/Master/Other

Clement, Paul D. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

2:97-cv-00382

Docket (PACER)

Hampton v. Wilkinson

Aug. 6, 2009

Aug. 6, 2009

Docket
131

2:95-00517

2:97-cv-00382

98-00275

Opinion and Order

Gerhardt v. Lazaroff

Feb. 25, 2002

Feb. 25, 2002

Order/Opinion

221 F.Supp.2d 827

02-03270

02-03301

02-03299

Opinion

U.S. Court of Appeals for the Sixth Circuit

Nov. 7, 2003

Nov. 7, 2003

Order/Opinion

349 F.3d 257

03-09877

Memorandum Decision

Supreme Court of the United States

Oct. 12, 2004

Oct. 12, 2004

Order/Opinion

543 U.S. 924

2:97-cv-00382

03-09877

Brief of Americans United for Separation of Church and State and the ACLU as Amici Curiae in Support of Petitioners

Supreme Court of the United States

Dec. 15, 2004

Dec. 15, 2004

Pleading / Motion / Brief

03-09877

2:97-cv-00382

Brief Amicus Curiae of the Coalition for the Free Exercise of Religion

Supreme Court of the United States

Dec. 20, 2004

Dec. 20, 2004

Pleading / Motion / Brief
145

03-09877

Opinion

Supreme Court of the United States

Feb. 28, 2005

Feb. 28, 2005

Order/Opinion

125 S.Ct. 1413

03-09877

Opinion

Supreme Court of the United States

May 31, 2005

May 31, 2005

Order/Opinion

544 U.S. 709

149

2:97-cv-00382

02-03270

Opinion [United States Court of Appeals for the Sixth Circuit]

U.S. Court of Appeals for the Sixth Circuit

Sept. 14, 2005

Sept. 14, 2005

Order/Opinion

423 F.3d 579

Resources

Docket

Last updated March 24, 2025, 8:03 a.m.

ECF Number Date Description Link
1 April 3, 1997

MOTION by plaintiff to proceed in forma pauperis () (bw) (Entered: 04/03/1997)

PACER
2 April 3, 1997

ORDER by Mag Abel granting pltfs motion to proceed in forma pauperis [1−1] and ordering payment of the full filing fee in payments. (cc: all counsel) () (bw) (Entered: 04/03/1997)

PACER
3 April 3, 1997

COMPLAINT (referred to Mag. Judge Mark R. Abel ) () (bw) (Entered: 04/03/1997)

PACER
4 April 3, 1997

MOTION by plaintiff Lee for preliminary injunction () (bw) (Entered: 04/03/1997)

PACER
5 April 17, 1997

RETURN OF SERVICE executed upon defendant Reginald A Wilkinson on 4−8−97, defendant David Schwartz on 4−10−97, defendant Nicholas G Menedez, defendant L C Coval on 4−8−97, defendant K L Brown, defendant and George D Alexander on 4/9/97 () (bw) (Entered: 04/18/1997)

PACER
April 21, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 15.77, receipt # 205932. (bw) (Entered: 04/23/1997)

PACER
April 21, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 10.44, receipt # 205933. (bw) (Entered: 04/23/1997)

PACER
6 April 25, 1997

RETURN OF SERVICE executed upon defendant Dianne Walker on 4−17−97, defendant Jim Erwin, defendant Walter Lowery on 4−15−97 and Ron Carnein on 4/21/97 () (bw) (Entered: 04/28/1997)

PACER
6 April 25, 1997

RETURN OF SERVICE unexecuted − attempted as to defendant Rudy Pringle () (bw) (Entered: 04/28/1997)

PACER
May 14, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 10.27, receipt # 206246. (bw) (Entered: 05/15/1997)

PACER
May 14, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 13.17, receipt # 206245. (bw) (Entered: 05/15/1997)

PACER
7 May 16, 1997

MOTION by plaintiff for sanctions and order () (bw) (Entered: 05/19/1997)

PACER
8 May 23, 1997

MOTION by defendant to dismiss for failure of pltf. to comply with the PLRA and motion to stay proceedings () (bw) (Entered: 05/27/1997)

PACER
9 June 3, 1997

RENEWED MOTION by plaintiff for temporary restraining order () (bw) (Entered: 06/04/1997)

PACER
10 June 3, 1997

RESPONSE by plaintiff to motion to dismiss for failure of pltf. to comply with the PLRA and motion to stay proceedings [8−1] () (bw) (Entered: 06/04/1997)

PACER
12 June 12, 1997

REPORT AND RECOMMENDATION by Mag. Judge Mark R. Abel that motion to dismiss for failure of pltf. to comply with the PLRA be Granted [8−1]. NOTICE: Parties have 10 days to file objections (cc: all counsel) () (bw) (Entered: 06/13/1997)

PACER
June 16, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 10.97, receipt # 206683. (bw) (Entered: 06/20/1997)

PACER
June 17, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 13.79, receipt # 206725. (bw) (Entered: 06/20/1997)

PACER
13 June 19, 1997

Appendix submitted by plaintiff () (bw) (Entered: 06/20/1997)

PACER
14 June 19, 1997

MOTION by plaintiff to amend the motion to TRO () (bw) (Entered: 06/20/1997)

PACER
15 June 19, 1997

REPLY by plaintiff to response to motion for sanctions and order [7−1] () (bw) (Entered: 06/20/1997)

PACER
16 June 19, 1997

MOTION by plaintiff to supplement the original affidavit of Jim Erwin ( no pgs: ) (bw) (Entered: 06/20/1997)

PACER
17 June 20, 1997

OBJECTIONS by plaintiff to Report and Recommendation [12−1] () (bw) (Entered: 06/24/1997)

PACER
July 15, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 13.80, receipt # 207092. (bw) (Entered: 07/22/1997)

PACER
July 15, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 9.89, receipt # 207089. (bw) (Entered: 07/22/1997)

PACER
18 Aug. 13, 1997

RECEIPT # 200 207536 in the amount of $ 12.17 (wh) (Entered: 08/15/1997)

PACER
19 Aug. 13, 1997

RECEIPT # 200 207538 in the amount of $ 15.74 (wh) (Entered: 08/15/1997)

PACER
Sept. 18, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 2.73, receipt # 207985. (bw) (Entered: 09/22/1997)

PACER
Sept. 18, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 16.18, receipt # 207984. (bw) (Entered: 09/22/1997)

PACER
20 Oct. 15, 1997

ORDER by Judge James L. Graham denying pltf motion/ objection [17−1] for reconsideration in part and granting it in part. (cc: all counsel) ( no pgs: 8) (bw) (Entered: 10/15/1997)

PACER
Oct. 17, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 2.85, receipt # 208364. (bw) (Entered: 10/17/1997)

PACER
21 Oct. 23, 1997

ORDER by Judge James L. Graham denying pltfs motions for temporary restraining order [9−1], for preliminary injunction [4−1] to amend the motion to TRO [14−1] and for sanctions and order [7−1] granting defts motion to supplement the original affidavit of Jim Erwin [16−1] Discovery ddl set on 1/30/98 and Mtn filing ddl set on 3/2/98 (cc: all counsel) ( no pgs: 1) (bw) (Entered: 10/23/1997)

PACER
Nov. 5, 1997

Filing Fee Paid: on 4/3/97 in the amount of $ 10/97, receipt # 208577. (bw) (Entered: 11/06/1997)

PACER
22 Nov. 14, 1997

NOTICE by plaintiffs J Lee Hampton and Cutter of submission of amended complaint (bw) (Entered: 11/18/1997)

PACER
23 Nov. 14, 1997

AMENDED COMPLAINT by plaintiffs (bw) (Entered: 11/18/1997)

PACER
24 Nov. 18, 1997

ATTORNEY SUBSTITUTION: terminating attorney Paula Luna Paoletti for Reginald A Wilkinson, et al and substituting attorney Robert C Angell () (bw) (Entered: 11/19/1997)

PACER
25 Nov. 19, 1997

Supplemental Appendix by plaintiff J Lee Hampton () (bw) (Entered: 11/20/1997)

PACER
27 Feb. 18, 1998

MOTION by plaintiffs Jon B Cutter and J Lee Hampton for discovery and sanctions () (bw) (Entered: 02/19/1998)

PACER
28 March 2, 1998

MOTION by defendant to extend time to file a case depositive motion () (bw) (Entered: 03/04/1998)

PACER
28 March 2, 1998

RESPONSE by defendant to motion for discovery and sanctions [27−1] () (bw) (Entered: 03/04/1998)

PACER
29 March 2, 1998

ATTORNEY SUBSTITUTION: terminating attorney Robert C Angell for Walter Lowery, Rudy Pringle, Ron Carnein, Jim Erwin, Dianne Walker, George D Alexander, K L Brown, L C Coval, Nicholas G Menedez, David Schwartz and Reginald A Wilkinson and substituting attorney Marci L Cannon () (bw) (Entered: 03/04/1998)

PACER
30 March 6, 1998

REPLY by defendant re [27−1] the motion for discovery and request for sanctions (bw) (Entered: 03/09/1998)

PACER
31 March 10, 1998

ORDER by Mag. Judge Mark R. Abel granting defts motion to extend time to file a case depositive motion [28−1] (cc: all counsel) ( no pgs: 1) (bw) (Entered: 03/10/1998)

PACER
32 March 12, 1998

REPLY by plaintiff to response to motion for discovery and sanctions [27−1] () (bw) (Entered: 03/13/1998)

PACER
33 March 16, 1998

MOTION by defendants for summary judgment () (bw) (Entered: 03/17/1998)

PACER
34 March 24, 1998

MOTION by defendant to supplement Affidavit of Darlene Smith ( no pgs: ) (bw) (Entered: 03/25/1998)

PACER
35 April 13, 1998

MOTION by plaintiff J Lee Hampton to extend time to respond to dft's msumjgm ( no pgs: 1) (gk) (Entered: 04/14/1998)

PACER
36 April 28, 1998

RESPONSE by defendant to motion to extend time to respond to dft's m sumjgm [35−1] () (bw) (Entered: 04/29/1998)

PACER
37 May 1, 1998

ORDER by Mag. Judge Mark R. Abel denying motion to extend time to respond to dft's msumjgm [35−1] indefinitely. Pltf to respond by 6−5−98. (cc: all counsel) no pgs: 1) (bw) (Entered: 05/04/1998)

PACER
38 May 4, 1998

RESPONSE by plaintiff J Lee Hampton to [36−1] () (bw) (Entered: 05/05/1998)

PACER
39 June 1, 1998

MOTION by plaintiff J Lee Hampton to waive LR 7.2 limitation () (bw) (Entered: 06/02/1998)

PACER
40 June 1, 1998

RESPONSE by plaintiff J Lee Hampton to motion for summary judgment [33−1] () (bw) (Entered: 06/02/1998)

PACER
40 June 1, 1998

Limited Cross Motion by plaintiff J Lee Hampton for summary judgment ( no pgs: ) (bw) (Entered: 06/02/1998)

PACER
41 June 1, 1998

NOTICE by plaintiff J Lee Hampton of submission of exhibits #49−75 (bw) (Entered: 06/02/1998)

PACER
42 June 4, 1998

NOTICE of change of address by plaintiff J Lee Hampton () (bw) (Entered: 06/09/1998)

PACER
43 June 12, 1998

MOTION by plaintiff J Lee Hampton for temporary restraining order () (bw) (Entered: 06/16/1998)

PACER
44 June 29, 1998

RESPONSE by defendant to motion for temporary restraining order [43−1] (bw) (Entered: 06/30/1998)

PACER
44 June 29, 1998

MOTION by defendant to dismiss pltfs requests for injunctive and declaratory relief () (bw) (Entered: 06/30/1998)

PACER
45 July 13, 1998

RESPONSE by J Lee Hampton to motion to dismiss pltfs requests for injunctive and declaratory relief [44−1] (no pgs: 3) (wh) (Entered: 07/14/1998)

PACER
47 Oct. 2, 1998

MOTION by defendant to compel payment of full filing fees ( no pgs: n) (bw) (Entered: 10/05/1998)

PACER
48 Oct. 2, 1998

MOTION by defendant to extend time to file dispositive motions () (bw) (Entered: 10/05/1998)

PACER
48 Oct. 2, 1998

ATTORNEY SUBSTITUTION: terminating attorney Marci L Cannon for Walter Lowery, Ron Carnein, Jim Erwin, George D Alexander, Nicholas G Menedez, Reginald A Wilkinson, Jon B Cutter and substituting attorney Todd Robert Marti () (bw) (Entered: 10/05/1998)

PACER
49 Oct. 8, 1998

ORDER by Mag. Judge Mark R. Abel ; Mtn filing ddl extended to 1/8/99 (cc: all counsel) ( no pgs: 1) (bw) (Entered: 10/13/1998)

PACER
50 Oct. 15, 1998

RESPONSE by plaintiff J Lee Hampton to motion to compel payment of full filing fees [47−1] () (bw) (Entered: 10/16/1998)

PACER
51 Oct. 27, 1998

ORDER by Mag. Judge Mark R. Abel −denying motion to compel payment of full filing fees [47−1] (cc: all counsel) (no pgs: 5) (wh) (Entered: 10/29/1998)

PACER
52 Dec. 22, 1998

NOTICE of change of address by plaintiff J Lee Hampton () (bw) (Entered: 12/22/1998)

PACER
53 Jan. 8, 1999

SECOND MOTION by defendant for summary judgment () (bw) (Entered: 01/11/1999)

PACER
54 Jan. 25, 1999

RESPONSE by plaintiff J Lee Hampton to motion for summary judgment [53−1] () (bw) (Entered: 01/26/1999)

PACER
55 Feb. 17, 1999

MOTION by defendant to extend time to file a reply memo () (bw) (Entered: 02/17/1999)

PACER
56 Feb. 23, 1999

ORDER by Mag. Judge Mark R. Abel granting motion to extend time thirty days for deft to file a reply memo [55−1] (cc: all counsel) () (bw) (Entered: 02/23/1999)

PACER
57 Sept. 10, 1999

ORDER by Judge James L. Graham granting in part and denying part motion for summary judgment [53−1] by defendants (cc: all counsel) ( no pgs: 16) (gk) (Entered: 09/10/1999)

PACER
58 Sept. 22, 1999

ORDER by Mag. Judge Mark R. Abel finding the motion to extend time to file dispositive motions [48−1] moot. (cc: all counsel) () (bw) (Entered: 09/23/1999)

PACER
59 Sept. 23, 1999

MOTION by defendant for reconsideration of order [57−1] ( no pgs: n) (bw) (Entered: 09/24/1999)

PACER
60 Oct. 6, 1999

MOTION by plaintiff for Rule 11 sanctions () (bw) (Entered: 10/07/1999)

PACER
61 Oct. 6, 1999

RESPONSE by plaintiff to motion for reconsideration of order [57−1] [59−1] () (bw) (Entered: 10/07/1999)

PACER
62 Oct. 25, 1999

RESPONSE by defendant to motion for Rule 11 sanctions [60−1] (bw) (Entered: 10/26/1999)

PACER
63 Nov. 29, 1999

ORDER by Judge James L. Graham denying ltfs motion for Rule 11 sanctions [60−1] and denying defts motion for reconsideration of order [57−1] [59−1] (cc: all counsel) ( no pgs: 8) (bw) (Entered: 11/29/1999)

PACER
64 Feb. 7, 2000

ORDER by Mag. Judge Mark R. Abel parties have 15 days to file status reports. (cc: all counsel) ( no pgs: 1) (bw) (Entered: 02/08/2000)

PACER
66 Feb. 25, 2000

STATUS REPORT by plaintiff J Lee Hampton () (bw) (Entered: 02/28/2000)

PACER
67 Feb. 25, 2000

MOTION by plaintiff for order re: housing arrangement before trial () (bw) (Entered: 02/29/2000)

PACER
68 May 15, 2000

SCHEDULING ORDER by Mag. Judge Mark R. Abel ; Discovery ddl set for 9/29/00 ; Mtn filing ddl set for 10/31/00 (cc: all counsel) ( no pgs: 7) (bw) (Entered: 05/15/2000)

PACER
69 July 12, 2000

MOTION by plaintiff J Lee Hampton for formal discovery order () (bw) (Entered: 07/13/2000)

PACER
70 July 18, 2000

ORDER by Mag. Judge Mark R. Abel denying motion for order re: housing arrangement before trial [67−1] (cc: all counsel) ( no pgs: 2) (bw) (Entered: 07/18/2000)

PACER
71 Aug. 3, 2000

RESPONSE by defendant to motion for formal discovery order [69−1] () (bw) (Entered: 08/07/2000)

PACER
72 Aug. 16, 2000

ORDER by Mag. Judge Mark R. Abel granting motion for formal discovery order [69−1] (cc: all counsel) ( no pgs: 2) (bw) (Entered: 08/16/2000)

PACER
73 Sept. 29, 2000

NOTICE OF TRIAL: Jury Trial set for 9:00 on 1/22/01 (cc: all counsel) () (bw) (Entered: 09/29/2000)

PACER
74 Oct. 17, 2000

MOTION by plaintiff J Lee Hampton for appointment of counsel () (bw) (Entered: 10/19/2000)

PACER
75 Oct. 19, 2000

STATUS CONFERENCE ORDER by Mag. Judge Mark R. Abel pltfs have 14 days to file an amended complaint. (cc: all counsel) () (bw) (Entered: 10/19/2000)

PACER
76 Oct. 23, 2000

NOTICE Telephonic Final pretrial conf at 10:00 on 1/12/01 to be initiated by Todd Marti of the OAG office (cc: all counsel) (bw) (Entered: 10/23/2000)

PACER
77 Oct. 31, 2000

SECOND AMENDED COMPLAINT by plaintiff J Lee Hampton () (bw) (Entered: 10/31/2000)

PACER
78 Nov. 15, 2000

PARTIAL MOTION by defendant to dismiss () (bw) (Entered: 11/15/2000)

PACER
79 Nov. 21, 2000

ORDER by Mag. Judge Mark R. Abel granting motion for appointment of counsel [74−1] for pltfs Cutter and Hampton. (cc: all counsel) ( no pgs: 1) (bw) (Entered: 11/21/2000)

PACER
80 Nov. 21, 2000

SCHEDULING ORDER by Mag. Judge Mark R. Abel counsel to report to Mag Abel by 12−8−00. (cc: all counsel) ( no pgs: 1) (bw) (Entered: 11/21/2000)

PACER
81 Jan. 8, 2001

ORDER by Mag. Judge Mark R. Abel a telephone status conference will be held on 1−16−01 at 4:00. (cc: all counsel) ( no pgs: 2) (bw) (Entered: 01/09/2001)

PACER
82 Jan. 9, 2001

NOTICE Trial continued to 9:00 on 5/14/01 and the Final pretrial conf continued to 9:00 on 4/13/01 (cc: all counsel) (bw) Modified on 01/09/2001 (Entered: 01/09/2001)

PACER
83 Jan. 18, 2001

SCHEDULING ORDER by Mag. Judge Mark R. Abel (cc: all counsel) ( no pgs: 1) (bw) (Entered: 01/18/2001)

PACER
84 Jan. 29, 2001

NOTICE by potential intervenor USA of constitutional challenge to an act of congress and MOTION to continue deadline to file responseive briefs to defts partial motion to dismiss (bw) (Entered: 01/30/2001)

PACER
85 Feb. 7, 2001

ORDER by Judge James L. Graham granting continuance of time for Potential Intevenor USA to file response briefs by 3−9−01. (cc: all counsel) () (bw) (Entered: 02/07/2001)

PACER
86 March 7, 2001

MOTION by plaintiff to extend time to respond to the motion to dismiss by defts by 3−19−01 () (bw) (Entered: 03/07/2001)

PACER
87 March 8, 2001

ORDER by Judge James L. Graham granting motion to extend time to respond to the motion to dismiss by defts by 3−19−01 [86−1] (cc: all counsel) ( no pgs: 1) (sh)

PACER

Case Details

State / Territory:

Ohio

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 3, 1997

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prisoners alleging that each prisoner was denied right to practice his religion due to unwarranted concerns about security in violation of Religious Land Use and Institutionalized Persons Act

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Ohio Department of Corrections

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Establishment Clause

Other Dockets:

Southern District of Ohio 2:97-cv-00382

Southern District of Ohio 2:95-00517

U.S. Court of Appeals for the Sixth Circuit 02-03270

U.S. Court of Appeals for the Sixth Circuit 02-03301

U.S. Court of Appeals for the Sixth Circuit 02-03299

Supreme Court of the United States 03-9877

Southern District of Ohio 98-00275

Available Documents:

Any published opinion

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Religious programs / policies

Affected Sex/Gender(s):

Male

Recommended Citation