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Case Name Hoevenaar v. Lazaroff PC-OH-0011
Docket / Court 03-190 ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Prison Conditions
Case Summary
In 2003, Cornelius Wayne Hoevenar, a Cherokee inmate of the Madison Correctional Institute represented by the Prison Reform Advocacy Ceter, filed a Section 1983 lawsuit in the Southern District of Ohio against Alan Lazaroff, warden of the Madison Correctional Institute. Plaintiff alleged the ... read more >
In 2003, Cornelius Wayne Hoevenar, a Cherokee inmate of the Madison Correctional Institute represented by the Prison Reform Advocacy Ceter, filed a Section 1983 lawsuit in the Southern District of Ohio against Alan Lazaroff, warden of the Madison Correctional Institute. Plaintiff alleged the defendant had violated his rights under the First Amendment by refusing to allow him to grow his hair as required by his religious beliefs. Plaintiff also claimed this violated the Religious Land Use and Institutionalized Persons Act (RLUIPA). Plaintiff sought a preliminary injunction.

Following a preliminary injunction hearing, the District Court (Judge Algenon L. Marbley) granted plaintiff's motion for a preliminary injunction under the RLUIPA and enjoined the defendant from preventing the plaintiff from growing a ""kouplock."" Hoevenaar v. Lazaroff, 276 F. Supp. 2d 811 (S.D. Ohio 2003). Defendant appealed.

The Court of Appeals reversed and remanded with instructions that the injunction be vacated. Citing Cutter v. Wilkinson, 349 F.3d 257 (6th Cir. 2003), the Sixth Circuit (Judge Danny C. Reeves) held that the Religious Land Use and Institutionalized Persons Act ""violates the Establishment Clause because it favors religious rights over other fundamental rights without showing that religious rights are at any greater risk of deprivation."" Hoevenaar v. Lazaroff, 2004 WL 1664043 (6th Cir. 2004). Petition for writ of certiorari was granted.

On June 15, 2005, the Supreme Court vacated and remanded for further consideration in light of its superceding decision in Cutter v. Wilkinson, 125 S.Ct. 2113 (2005). Cutter was decided by the Supreme Court on May 31, 2005; it upheld the constitutionality of RLUIPA.

On remand, the defendants agreed to revise the prison system's grooming standards. In light of this, the court agreed on January 29, 2007 to postpone the hearing on the issue.

On March 19, 2008, the plaintiff gave notice that he was voluntarily dismissing the case, ending the litigation.

Kristen Sagar - 08/19/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
General
Disciplinary segregation
Religious programs / policies
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Madison Correctional Institute
Plaintiff Description Native American prison inmate alleging violations of his right to practice his religion, moving to prevent corrections officials from cutting his hair
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2003 - n/a
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
2:03-cv-00190-ALM-TPK (S.D. Ohio) 08/16/2007
PC-OH-0011-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion and Order 08/07/2003 (276 F.Supp.2d 811) (S.D. Ohio)
PC-OH-0011-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Unpublished Opinion 07/23/2004 (108 Fed.Appx. 250)
PC-OH-0011-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Memorandum Decision 06/06/2005 (545 U.S. 1101)
PC-OH-0011-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Stipulation of Voluntary Dismissal 03/19/2008
PC-OH-0011-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gibbons, John Joseph (Third Circuit)
PC-OH-0011-0004
Kemp, Terence Peter (S.D. Ohio) [Magistrate]
PC-OH-0011-9000
Marbley, Algenon L. (S.D. Ohio)
PC-OH-0011-0002 | PC-OH-0011-9000
Reeves, Danny C. (E.D. Ky.)
PC-OH-0011-0004
Siler, Eugene Edward Jr. (W.D. Ky., Sixth Circuit, E.D. Ky.)
PC-OH-0011-0004
Monitors/Masters None on record
Plaintiff's Lawyers Singleton, David A. (Ohio)
PC-OH-0011-0002 | PC-OH-0011-0003 | PC-OH-0011-9000
Defendant's Lawyers Campbell, Scott M. (Ohio)
PC-OH-0011-9000
Marti, Todd Robert (Ohio)
PC-OH-0011-0002 | PC-OH-0011-9000
Pressman, Marianne (Ohio)
PC-OH-0011-9000
Reese, Mary Anne (Ohio)
PC-OH-0011-9000
Other Lawyers None on record

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