Case: Dowdy-El v. Caruso

2:06-cv-11765 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 12, 2006

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 12, 2006, a group of Muslim and Christian prisoners in various Michigan correctional facilities filed a § 1983 lawsuit in the United States District Court for the Eastern District of Michigan against the Michigan Department of Corrections ("MDOC"). On January 27, 2010, the prisoners, then represented by both the ACLU and private counsel, filed a second amended complaint seeking class certification for all current and future similarly situated inmates. The prisoners claimed that the MDO…

On April 12, 2006, a group of Muslim and Christian prisoners in various Michigan correctional facilities filed a § 1983 lawsuit in the United States District Court for the Eastern District of Michigan against the Michigan Department of Corrections ("MDOC"). On January 27, 2010, the prisoners, then represented by both the ACLU and private counsel, filed a second amended complaint seeking class certification for all current and future similarly situated inmates.

The prisoners claimed that the MDOC violated § 3 of the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") 42 U.S.C. § 2000cc et seq.; the Equal Protection Clause of the Fourteenth Amendment; and the Free Exercise Clause of the First Amendment. The plaintiffs alleged that the defendants' actions restricted them from attending religious services because of mandatory prison activities such as work duty. Specifically, the Muslim prisoners sought the following relief: accommodation to attend a religiously-required service on Fridays that did not conflict with other mandatory prisoner activities, such as work assignments; reversal of any punishment by the MDOC against inmates who refused to attend prison assignments that required the prisoners to miss any provided Friday Islamic religious services; accommodation for Muslim prisoners to be provided a religiously-mandated halal diet; and finally, accommodation to observe two annual religious feasts. In addition, a Seventh-Day Adventist prisoner sought similar accommodations for observance of the Saturday holy day and reversals of similar disciplinary measures. The prisoners sought injunctive and declaratory relief remedying and enjoining the actions by the MDOC. The case was assigned to Judge Avern Cohn and Magistrate Judge David Grand.

On December 20, 2012, Judge Avern Cohn adopted Magistrate Judge Grand's report and recommendation and granted the prisoners' motion for class certification. The class was certified as “'all current and future Michigan Muslim inmates who desire but have been denied ... the ability to participate in Jum'ah because of a conflicting work, school or similar detail. With respect to the provision of a halal diet, plaintiffs seek to certify a class comprised of “all current and future Michigan Muslim inmates who desire but have been denied ... a halal diet that is free of contamination by foods considered haram,' i.e., non-halal meats and/or vegetarian foods that have been 'contaminated' by coming into contact with such meats." Dowdy-El v. Caruso, No. 06-11765, 2012 WL 6642763, at *1 (E.D. Mich. Dec. 20, 2012).

On May 24, 2013, Judge Cohn granted in part and denied in part both the prisoners' and the MDOC's motions for summary judgment. Judge Cohn dismissed the prisoners' Equal Protection claims relating to the prayer services and dietary accommodations. The court also dismissed the free exercise claims relating to prayer services. But the free exercise claims relating to a halal diet were allowed to proceed as were the RLUIPA claims relating to both prayer services and dietary accommodations. Judge Cohn granted summary judgment in favor of plaintiffs on all claims relating to the two annual religious feasts.

On September 10, 2013, the prisoners moved for approval of a proposed class settlement agreement regarding the remaining issues before the court (the free exercise and RLUIPA claims for a halal diet and RLUIPA claims regarding accommodation for prayer services). On September 17, 2013, Judge Cohn issued an order preliminarily approving the parties' proposed settlement agreement which introduced new MDOC policies designed to meet the prisoners' remaining concerns. The agreement required the defendants to provide meals that comport with halal religious tenets and to provide notice to prisoners within 30 days of entry of judgment informing them that all disciplinary actions were to be expunged insofar as they related to requests for halal meals.

On November 20, 2013, the court approved the settlement agreement and dismissed the case. In doing so, he also overruled several non-party objections to the settlement agreement and also denied several parties' motions to intervene. The court also found that the MDOC had adopted an appropriate policy regarding accommodations for halal diets. The court further directed the MDOC to expunge from prisoners' records any punishment for missing a jail appointment such as a work, school, or administrative assignment due to a conflicting religious service. The court retained jurisdiction solely for the purpose of enforcing any provision of the court's order.

The MDOC filed two appeals, but the Sixth Circuit rejected both for lack of jurisdiction on January 15, 2014 and March 3, 2014, respectively.

Over the next four years, separate members of the class action filed several motions seeking injunctions against the defendants for failure to comply with the settlement. The court repeatedly denied these requests for failure to state a claim. One such member of the class action appealed to the Sixth Circuit in December 2015. The Sixth Circuit affirmed the district court's decision to deny this member’s request for relief for allegedly being served contaminated halal food–the Sixth Circuit found such relief was not within the scope of the original settlement. Judge Cohn denied a motion for contempt and enforcement of judgment on August 29, 2018. As of April 10, 2020, the case is ongoing for monitoring and enforcement purposes.

Summary Authors

Alex Wharton (1/6/2015)

Carolyn Weltman (2/8/2016)

Jake Parker (7/10/2018)

Elizabeth Heise (10/30/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4291192/parties/dowdy-v-caruso/


Judge(s)

Cohn, Avern Levin (Michigan)

Grand, David R. (Michigan)

Attorney for Plaintiff

Collier, Trent (Michigan)

Cook, Michael J. (Michigan)

Attorney for Defendant

Dean, Michael R. (Michigan)

show all people

Documents in the Clearinghouse

Document

2:06-cv-11765

Docket [PACER]

Dowdy v. Caruso

Aug. 29, 2018

Aug. 29, 2018

Docket
1

2:06-cv-11765

Complaint

April 12, 2006

April 12, 2006

Complaint
13

2:06-cv-11765

First Amended Class Action Complaint

Feb. 2, 2009

Feb. 2, 2009

Complaint
37

2:06-cv-11765

Second Amended Class Action Complaint

Jan. 27, 2010

Jan. 27, 2010

Complaint
77

2:06-cv-11765

Memorandum and Order Adopting Report and Recommendation and Granting Plaintiffs' Motion for Class Certification

Dec. 20, 2012

Dec. 20, 2012

Order/Opinion

2012 WL 2012

80

2:06-cv-11765

Memorandum and Order

May 24, 2013

May 24, 2013

Order/Opinion
85

2:06-cv-11765

Judgment

Aug. 13, 2013

Aug. 13, 2013

Order/Opinion
88

2:06-cv-11765

Preliminary Order Approving Settlement

Sept. 17, 2013

Sept. 17, 2013

Order/Opinion
129

2:06-cv-11765

Order Approving Settlement and Dismissing Case

Nov. 20, 2013

Nov. 20, 2013

Order/Opinion
223

2:06-cv-11765

Order Denying Motion for Contempt

Oct. 6, 2015

Oct. 6, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4291192/dowdy-v-caruso/

Last updated Feb. 7, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Eric Dowdy, Averis Wilson, James Holly, Mujahid Latif against Dave Burnett, Patricia L. Caruso.(DTyle, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

Clearinghouse
2

NOTICE of returning payment regarding Civil Rights Complaint (DTyle, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
3

REQUEST for extension of time to submit full payment of filing fee by plaintiffs. (PPaul, ) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
4

ORDER GRANTING 3 Request Regarding Payment of Filing Fee filed by Eric Dowdy,, Mujahid Latif,, James Holly,, Averis Wilson, Signed by Honorable Avern Cohn. (JOwe, ) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

RECAP
5

NOTICE of Receipt in the amount of $250 for Habeas Filing Fee by Eric Dowdy - Receipt No. 542947 (LHack, ) (Entered: 05/23/2006)

May 22, 2006

May 22, 2006

PACER
6

ORDER Referring Pretrial Matters to Magistrate Judge Paul J Komives. Signed by Honorable Avern Cohn. (SSchoe, ) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

PACER
7

ORDER. Signed by Honorable Paul J Komives. (EBut, ) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

PACER
8

Mail Returned as Undeliverable. Mail sent to Eric Dowdy El (LHack, ) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER
9

NOTICE of Change of Address by Eric Dowdy. (LHac) (Entered: 08/30/2007)

Aug. 29, 2007

Aug. 29, 2007

PACER
10

NOTICE of Appearance by Daniel D. Quick on behalf of Eric Dowdy, Averis Wilson, James Holly, Mujahid Latif. (Quick, Daniel) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

PACER
11

NOTICE of Appearance by Trent B. Collier on behalf of Eric Dowdy, Averis Wilson, James Holly, Mujahid Latif. (Collier, Trent) (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

PACER
12

CERTIFICATE OF SERVICE by Eric Dowdy, Averis Wilson, James Holly, Mujahid Latif re 11 Notice of Appearance (Collier, Trent) (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

PACER
13

AMENDED COMPLAINT filed by Eric Dowdy, Averis Wilson, James Holly against Dave Burnett, Patricia L. Caruso. (Quick, Daniel) Modified on 2/3/2009 (PMil).[AMENDED COMPLAINT WAS NOT FILED ON BEHALF OF JAMES HOLLY. AMENDED COMPLAINT WAS ALSO FILED ON BEHALF OF ROGER HUNT] (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

Clearinghouse
14

ORDER directing service without prepayment of cost and authorizing US Marshal to collect costs after service is made. Signed by Magistrate Judge Paul J Komives. (EBut) (Entered: 02/06/2009)

Feb. 5, 2009

Feb. 5, 2009

PACER
15

NOTICE of Appearance by Michael J. Steinberg on behalf of Eric Dowdy, Averis Wilson, Roger Hunt, James Holly, Mujahid Latif. (Steinberg, Michael) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

PACER
16

NOTICE of Appearance by Kary L. Moss on behalf of Eric Dowdy, Averis Wilson, Roger Hunt, James Holly, Mujahid Latif. (Moss, Kary) (Entered: 02/09/2009)

Feb. 9, 2009

Feb. 9, 2009

PACER
17

ATTORNEY APPEARANCE: Todd R. McFarland - NOT SWORN appearing on behalf of Roger Hunt (McFarland - NOT SWORN, Todd) (Entered: 04/29/2009)

April 29, 2009

April 29, 2009

PACER
18

ACKNOWLEDGMENT from U.S. Marshal Service of Receipt of Service of Process Documents. (EBro) (Entered: 07/17/2009)

July 17, 2009

July 17, 2009

PACER
19

ATTORNEY APPEARANCE: Kevin R. Himebaugh appearing on behalf of Patricia L. Caruso with Certificate of Service (Himebaugh, Kevin) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
20

ATTORNEY APPEARANCE: Michael R. Dean appearing on behalf of Patricia L. Caruso with Certificate of Service (Dean, Michael) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
21

ATTORNEY APPEARANCE: Michael R. Dean appearing on behalf of Dave Burnett with Certificate of Service (Dean, Michael) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
22

ATTORNEY APPEARANCE: Kevin R. Himebaugh appearing on behalf of Dave Burnett with Certificate of Service (Himebaugh, Kevin) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
23

NOTICE of Appearance by Doron Yitzchaki on behalf of Eric Dowdy, Roger Hunt, James Holly. (Yitzchaki, Doron) Modified on 8/4/2009 (PMil).[APPEARANCE ALSO FILED ON BEHALF OF AVERIS WILSON] (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
24

ATTORNEY SUBSTITUTION for Dave Burnett, Patricia L. Caruso: John L. Thurber added. Attorney Michael R. Dean and Kevin R. Himebaugh terminated. with Certificate of Service (Thurber, John) (Entered: 08/04/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
25

NOTICE by Eric Dowdy, Averis Wilson, Roger Hunt re 13 Amended Complaint, Waiver of Service of Summons (Yitzchaki, Doron) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
26

WAIVER OF SERVICE Returned Executed. Patricia L. Caruso waiver sent on 7/21/2009, answer due 9/21/2009. (ATee) (Entered: 08/07/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER

Attorney Kary L. Moss is discontinued from receiving Notices of Electronic Filing. (Moss, Kary)

Aug. 7, 2009

Aug. 7, 2009

PACER
27

NOTICE by Eric Dowdy, Averis Wilson, Roger Hunt of Filing of Waiver of Service of Summons (Yitzchaki, Doron) (Entered: 08/12/2009)

Aug. 12, 2009

Aug. 12, 2009

PACER
28

WAIVER OF SERVICE Returned Executed. Dave Burnett waiver sent on 7/30/2009, answer due 9/28/2009. (NHol) (Entered: 08/18/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
29

ANSWER to Amended Complaint by Dave Burnett, Patricia L. Caruso. (Thurber, John) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

PACER
30

AFFIRMATIVE DEFENSES by Dave Burnett, Patricia L. Caruso (Thurber, John) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

PACER
31

NOTICE TO APPEAR: Scheduling Conference set for 11/30/2009 10:00 AM before Magistrate Judge Paul J Komives (EBut) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
32

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Yitzchaki, Doron) (Entered: 11/15/2009)

Nov. 15, 2009

Nov. 15, 2009

PACER
33

NOTICE of Appearance by John L. Thurber on behalf of Michael Martin. (Thurber, John) (Entered: 11/19/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER
34

SCHEDULING ORDER: Signed by Magistrate Judge Paul J Komives. (Refer to image for additional dates) (EBut) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

PACER
35

STIPULATION of the Parties Permitting Plaintiffs to File Second Amended Class Action Complaint by Eric Dowdy (Attachments: # 1 Proposed Order, # 2 Proposed Second Amended Class Action Complaint) (Yitzchaki, Doron) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
36

STIPULATED ORDER PERMITTING PLAINTIFF'S TO FILE SECOND AMENDED CLASS ACTION COMPLAINT. Signed by Magistrate Judge Paul J Komives. (EBut) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

PACER
37

AMENDED COMPLAINT with Jury Demand SECOND AMENDED CLASS ACTION COMPLAINT filed by Eric Dowdy against all defendants. (Yitzchaki, Doron) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

Clearinghouse
38

ANSWER to Amended Complaint with Affirmative Defenses Entitled: Defendants' Answer to Plaintiff's Second Amended Complaint and Certificate of Service by Dave Burnett, Patricia L. Caruso. (Thurber, John) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
39

Defendants' Preliminary WITNESS LIST by Dave Burnett, Patricia L. Caruso (Thurber, John) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
40

Defendants' Preliminary Exhibit List by Dave Burnett, Patricia L. Caruso. (Thurber, John) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
41

PRELIMINARY WITNESS LIST by Eric Dowdy (Yitzchaki, Doron) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
42

Preliminary Exhibit List by Eric Dowdy. (Yitzchaki, Doron) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
43

STIPULATED ORDER AMENDING SCHEDULING ORDER. Signed by Magistrate Judge Paul J Komives. (EBut) (Entered: 02/23/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
44

NOTICE of Appearance by Michael J. Cook - NOT SWORN on behalf of All Plaintiffs. (Cook - NOT SWORN, Michael) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

PACER
45

MOTION to Compel Discovery by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A, Answer to Plaintiff's Second Set of Discovery for Defendant Dave Burnett) (Cook - NOT SWORN, Michael) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

PACER
46

NOTICE of hearing on 45 MOTION to Compel Discovery. Motion Hearing set for 5/28/2010 10:00 AM before Magistrate Judge Paul J Komives. (EBut) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
47

RESPONSE to 45 MOTION to Compel Discovery Index of Exhibits, Exhibits 1-3 and Certificate of Service filed by Dave Burnett, Patricia L. Caruso, Michael Martin. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Thurber, John) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

PACER
48

NOTICE Cancelling hearing set for 5/28/10 at 10:00a.m. and resetting to 6/11/10 at 10:00a.m. before Magistrate Judge Komives. (EBut) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER

Minute Entry - Motion Hearing held on 6/11/2010 re 45 MOTION to Compel Discovery filed by Amira Salem, James Holly, Mujahid Latif, Roger Hunt, Averis X Wilson, Eric Dowdy, Tom Traini before Magistrate Judge Paul J Komives. Disposition: granted in part denied in part (Tape #PJK 6/11/10) (EBut)

June 11, 2010

June 11, 2010

PACER
49

ORDER granting in part and denying in part 45 Motion to Compel. Signed by Magistrate Judge Paul J Komives. (EBut) (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

PACER
50

Stipulated Order amending Scheduling Order. Signed by Magistrate Judge Paul J Komives. (EBut) (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

PACER
51

STIPULATED ORDER AMENDING SCHEDULING ORDER. Signed by Magistrate Judge Paul J Komives. (EBut) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
52

NOTICE TO APPEAR: Pretrial Conference set for 2/15/2011 10:00 AM before Magistrate Judge Paul J Komives (EBut) (Entered: 02/04/2011)

Feb. 4, 2011

Feb. 4, 2011

PACER
53

RENOTICE TO APPEAR: Pretrial Conference set for 2/23/2011 10:00 AM before Magistrate Judge Paul J Komives (EBut) (Entered: 02/07/2011)

Feb. 7, 2011

Feb. 7, 2011

PACER
54

SCHEDULING ORDER: Dispositive Motion Cut-off set for 4/15/2011 Signed by Magistrate Judge Paul J. Komives. (Refer to image for additional dates) (EBut) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

PACER
55

MOTION for Summary Judgment w/Brief in Support of Defendant's Motion for Summary Judgment by Patricia L. Caruso. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 7a, # 10 Exhibit 7b, # 11 Exhibit 8) (Thurber, John) Modified on 4/15/2011 (DWor). [DOCUMENT FILED BY ALL DEFENDANTS] (Entered: 04/15/2011)

April 15, 2011

April 15, 2011

PACER
56

MOTION to Certify Class Motion For Certification by Eric Dowdy, Amira Salem, Tom Traini, Averis X Wilson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O) (Cook, Michael) (Entered: 04/15/2011)

April 15, 2011

April 15, 2011

PACER
57

MOTION for Summary Judgment by Eric Dowdy, Amira Salem, Tom Traini, Averis X Wilson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20) (Cook, Michael) (Entered: 04/15/2011)

April 15, 2011

April 15, 2011

PACER
58

STATEMENT of Of Material Facts by Eric Dowdy, Amira Salem, Tom Traini, Averis X Wilson (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21) (Cook, Michael) (Entered: 04/15/2011)

April 15, 2011

April 15, 2011

PACER
59

RESPONSE to 55 MOTION for Summary Judgment w/Brief in Support of Defendant's Motion for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Cook, Michael) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
60

RESPONSE to 57 MOTION for Summary Judgment w/certificate of service filed by Dave Burnett, Patricia L. Caruso, Michael Martin. (Thurber, John) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
61

RESPONSE to 58 Statement,, of Material Facts w/certificate of service by Dave Burnett, Patricia L. Caruso, Michael Martin. (Thurber, John) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
62

RESPONSE to 56 MOTION to Certify Class Motion For Certification w/certificate of service filed by Dave Burnett, Patricia L. Caruso, Michael Martin. (Thurber, John) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER
63

REPLY to Response re 55 MOTION for Summary Judgment w/Brief in Support of Defendant's Motion for Summary Judgment w/Proof of Service filed by Dave Burnett, Patricia L. Caruso, Michael Martin. (Thurber, John) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
64

AFFIDAVIT of John L. Thurber re 63 Reply to Response to Motion w/certificate of service by Dave Burnett, Patricia L. Caruso, Michael Martin (Thurber, John) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
65

REPLY to Response re 56 MOTION to Certify Class Motion For Certification filed by All Plaintiffs. (Yitzchaki, Doron) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
66

REPLY to Response re 57 MOTION for Summary Judgment filed by Eric Dowdy, James Holly, Roger Hunt, Mujahid Latif, Amira Salem, Tom Traini, Averis X Wilson. (Cook, Michael) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
67

NOTICE of Change of Address/Contact Information by Daniel D. Quick on behalf of All Plaintiffs. (Quick, Daniel) (Entered: 07/26/2011)

July 26, 2011

July 26, 2011

PACER
68

NOTICE of reassignment from *Magistrate Judge Paul J. Komives* to *Magistrate Judge David R. Grand* pursuant to Administrative Order 11-AO-041. (SSch) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
69

ORDER Referring Pretrial Matters to Magistrate Judge David R. Grand Signed by District Judge Avern Cohn. (JOwe) (Entered: 01/04/2012)

Jan. 4, 2012

Jan. 4, 2012

PACER

Attorney Michael J. Cook is discontinued from receiving Notices of Electronic Filing. Reason: Attorney Michael J. Cook is no longer with The Law Offices of Dickinson Wright.. (Cook, Michael)

Jan. 5, 2012

Jan. 5, 2012

PACER
70

REPORT AND RECOMMENDATION on Cross Motions for Summary Judgment 55, 57 - Signed by Magistrate Judge David R. Grand. (FMos) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

RECAP

Attorney Michael J. Cook is discontinued from receiving Notices of Electronic Filing. Reason: Michael J. Cook, Esq. is no longer with The Law Offices of Dickinson Wright. (Cook, Michael)

July 24, 2012

July 24, 2012

PACER

Attorney Trent B. Collier is discontinued from receiving Notices of Electronic Filing. Reason: Trent B. Collier is no longer with the Law Offices of Dickinson Wright. (Collier, Trent)

July 24, 2012

July 24, 2012

PACER
71

OBJECTION to 70 Report and Recommendation by Eric Dowdy, Amira Salem, Tom Traini, Averis X Wilson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Part 1, # 3 Exhibit A - Part 2, # 4 Exhibit A - Part 3, # 5 Exhibit A - Part 4, # 6 Exhibit A - Part 5, # 7 Exhibit A - Part 6, # 8 Exhibit A - Part 7, # 9 Exhibit A - Part 8, # 10 Exhibit A- Part 9, # 11 Exhibit A - Part 10, # 12 Exhibit B - Part 1, # 13 Exhibit B - Part 2, # 14 Exhibit B - Part 3, # 15 Exhibit B - Part 4, # 16 Exhibit B - Part 5, # 17 Exhibit B - Part 6, # 18 Exhibit B - Part 7, # 19 Exhibit B - Part 8, # 20 Exhibit B - Part 9, # 21 Exhibit B - Part 10, # 22 Exhibit C, # 23 Exhibit D - Part 1, # 24 Exhibit D - Part 2, # 25 Exhibit E, # 26 Exhibit F, # 27 Exhibit G, # 28 Exhibit H, # 29 Exhibit I, # 30 Exhibit J) (Yitzchaki, Doron) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
72

OBJECTION to 70 Report and Recommendation w/certificate of service by Dave Burnett, Patricia L. Caruso, Michael Martin. (Thurber, John) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
73

REPORT AND RECOMMENDATION on Plaintiffs' 56 MOTION for Class Certification - Signed by Magistrate Judge David R. Grand. (FMos) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

RECAP
74

RESPONSE to Defendants' Objections to Magistrate's Report and Recommendation [Docket No. 72] by Eric Dowdy, Amira Salem, Tom Traini, Averis X Wilson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Yitzchaki, Doron) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
75

NOTICE TO APPEAR: Status Conference set for 12/18/2012 02:00 PM before District Judge Avern Cohn (SSro) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER

Minute Entry - Status Conference held on 12/18/2012 before District Judge Avern Cohn. (SSro)

Dec. 18, 2012

Dec. 18, 2012

PACER
76

NOTICE TO APPEAR: Status Conference set for 1/22/2013 02:00 PM before District Judge Avern Cohn (SSro) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER
77

MEMORANDUM AND ORDER ADOPTING 73 REPORT AND RECOMMENDATION AND GRANTING PLAINTIFFS 56 MOTION FOR CLASS CERTIFICATION. Signed by District Judge Avern Cohn. (SSro) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

Clearinghouse

TEXT-ONLY NOTICE: Status Conference on 1/22/2013 is Cancelled (SCha)

Jan. 18, 2013

Jan. 18, 2013

PACER
78

NOTICE TO APPEAR: Status Conference set for 2/7/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER

Minute Entry - Status Conference held on 2/7/2013 before District Judge Avern Cohn. (SCha)

Feb. 7, 2013

Feb. 7, 2013

PACER
79

SCHEDULING ORDER: Status Conference set for 4/30/2013 02:00 PM before District Judge Avern Cohn Signed by District Judge Avern Cohn. (Refer to image for additional dates) (SCha) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER

Set Deadlines/Hearings: Status Conference set for 5/14/2013 02:00 PM before District Judge Avern Cohn (SCha)

April 30, 2013

April 30, 2013

PACER

Minute Entry - Status Conference held on 5/14/2013 before District Judge Avern Cohn. (SCha)

May 14, 2013

May 14, 2013

PACER
80

Memorandum and Order Adopting 70 Report and Recommendation and Granting in Part and Denying in Part Defendants' 55 Motion for Summary Judgment and Granting in Part and Denying in Part Plaintiffs' 57 Motion for Summary Judgment and Setting a Status Conference. Signed by District Judge Avern Cohn. (SCha) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

Clearinghouse
81

NOTICE TO APPEAR : Status Conference set for 6/18/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
82

NOTICE by Eric Dowdy, Amira Salem, Tom Traini, Averis X Wilson of Proposed Judgment as to Eid Feasts (Yitzchaki, Doron) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER

Minute Entry for proceedings held before District Judge Avern Cohn: Status Conference held on 6/18/2013 (SCha)

June 18, 2013

June 18, 2013

PACER
83

NOTICE TO APPEAR: Hearing Regarding Entry of Judgment set for 7/31/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
84

SCHEDULING ORDER: Final Pretrial Conference set for 9/17/2013 02:00 PM before District Judge Avern Cohn Jury Trial set for 9/30/2013 09:00 AM before District Judge Avern Cohn Signed by District Judge Avern Cohn. (SCha) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER

Minute Entry for proceedings held before District Judge Avern Cohn: Hearing Regarding Entry of Judgment held on 7/31/2013 (Court Reporter Sheri Ward) (SCha)

July 31, 2013

July 31, 2013

PACER
85

JUDGMENT re 80 Memorandum and Order Adopting 70 Report and Recommendation Signed by District Judge Avern Cohn. (SCha) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

Clearinghouse
86

MOTION FOR APPROVAL OF NOTICE PLAN AND PRELIMINARY APPROVAL OF PROPOSED CLASS SETTLEMENT by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A. Preliminary Order Approving Settlement, # 3 Exhibit B. Notice to Muslim Prisoners) (Quick, Daniel) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER

TEXT-ONLY NOTICE: Final Pretrial Conference on 9/17/2013 and Jury Trial on 9/30/2013 are Cancelled (SCha)

Sept. 11, 2013

Sept. 11, 2013

PACER
87

NOTICE OF HEARING on 86 MOTION FOR APPROVAL OF NOTICE PLAN AND PRELIMINARY APPROVAL OF PROPOSED CLASS SETTLEMENT. Motion Hearing set for 9/17/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 12, 2006

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Group of Muslim prisoners in various Michigan correctional facilities

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

State law

Constitutional Clause(s):

Free Exercise Clause

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2013 - None

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Required disclosure

Issues

General:

Food service / nutrition / hydration

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run