Case: Thompson v. Ricci

3:08-cv-05926 | U.S. District Court for the District of New Jersey

Filed Date: Dec. 3, 2008

Closed Date: 2009

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Case Summary

On December 3, 2008, plaintiff, a prisoner who is an ordained Pentecostal minister, filed a lawsuit in the U.S. District Court of the District of New Jersey under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§ 2000cc, et seq. ("RLUIPA") against the Commissioner of the New Jersey Department of Corrections and the Administrator at the New Jersey State Prison (NJSP). The plaintiff, represented by the ACLU, asked the court for nominal damages and to enjoin defendants from prohibiting plaintiff from preaching and ministering to other inmates, from leading religious services, and from teaching religious classes. Specifically, plaintiff claimed that defendants violated plaintiff's First Amendment right by implementing a policy banning all prisoners from preaching in the prison.

Plaintiff had preached at weekly worship services at NJSP for more than a decade when prison officials issued a blanket ban on all preaching by inmates, even when done under the direct supervision of prison staff.

On February 23, 2009, the U.S. District Court (Judge Anne E. Thompson) issued an order denying plaintiff's request for preliminary injunction. The court noted that prisoners may preach to small groups of no larger than six people, but may not lead large groups for security reasons. On November 25, 2009, the parties filed a Stipulation of Dismissal, as the claims in the action had been resolved by the parties.

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Summary Authors

Julie Singer (10/23/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4309475/parties/thompson-v-ricci/

Judge(s)

Attorney for Plaintiff

Barocas, Edward (New Jersey)

Mach, Daniel (District of Columbia)

Attorney for Defendant

Milgram, Anne (New York)

Moratti, Dianne M. (New Jersey)

Scott, Susan Marie (New Jersey)

Judge(s)

Thompson, Anne Elise (New Jersey)

Attorney for Plaintiff

Barocas, Edward (New Jersey)

Mach, Daniel (District of Columbia)

Attorney for Defendant

Milgram, Anne (New York)

Moratti, Dianne M. (New Jersey)

Scott, Susan Marie (New Jersey)

Weaver, Heather Lynn (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:08-cv-05926	CIVIL DOCKET FOR CASE #: 3:08−cv−05926−AET−DEA	Nov. 25, 2009	Nov. 25, 2009 Docket
1 3:08-cv-05926	Verified Complaint	Dec. 3, 2008	Dec. 3, 2008 Complaint
3:08-cv-05926	Memorandum in Support of Plaintiff's Motion for Preliminary Injunction	Dec. 3, 2008	Dec. 3, 2008 Pleading / Motion / Brief
6 3:08-cv-05926	Order	Dec. 29, 2008	Dec. 29, 2008 Order/Opinion
18 3:08-cv-05926	Memorandum and Opinion	Feb. 23, 2009	Feb. 23, 2009 Order/Opinion
31 3:08-cv-05926	Stipulation of Dismissal	Nov. 24, 2009	Nov. 24, 2009 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Thompson v. Ricci, et al. ACLU	The American Civil Liberties Union and the ACLU of New Jersey filed a federal lawsuit on behalf of a New Jersey prisoner, an ordained Pentecostal minister, who is asking the state to respect his reli…	Nov. 24, 2009	Nov. 24, 2009 https://www.aclu.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4309475/thompson-v-ricci/

Last updated April 9, 2024, 3:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against MICHELLE R. RICCI, GEORGE W. HAYMAN ( Filing fee $ 350 receipt number 03120000000002295125.), filed by HOWARD THOMPSON, JR. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Declaration OF BISHOP JOSEPH RAVENELL)(gxh) (Entered: 12/04/2008) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Civil Cover Sheet View on PACER 6 Declaration OF BISHOP JOSEPH RAVENELL View on PACER	Dec. 3, 2008	Dec. 3, 2008 Clearinghouse
2	MOTION for Preliminary Injunction by HOWARD THOMPSON, JR. (Attachments: # 1 Brief, # 2 Certificate of Service, # 3 Text of Proposed Order)(gxh) (Entered: 12/04/2008) 1 Brief View on PACER 2 Certificate of Service View on PACER 3 Text of Proposed Order View on PACER	Dec. 3, 2008	Dec. 3, 2008 PACER
	Set Deadlines as to 2 MOTION for Preliminary Injunction. Motion set for 1/5/2009 before Judge Anne E. Thompson. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)	Dec. 3, 2008	Dec. 3, 2008 PACER
3	MOTION for Leave to Appear Pro Hac Vice by HOWARD THOMPSON, JR. (Attachments: # 1 Certification IN SUPPORT OF PRO HAC VICE PETITION, # 2 Certification IN SUPPORT OF PRO HAC VICE PETITION, # 3 Text of Proposed Order)(gxh) (Entered: 12/04/2008) 1 Certification IN SUPPORT OF PRO HAC VICE PETITION View on PACER 2 Certification IN SUPPORT OF PRO HAC VICE PETITION View on PACER 3 Text of Proposed Order View on PACER	Dec. 3, 2008	Dec. 3, 2008 PACER
	Set Deadlines as to 3 MOTION for Leave to Appear Pro Hac Vice. Motion set for 1/5/2009 before Magistrate Judge John J. Hughes. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)	Dec. 3, 2008	Dec. 3, 2008 PACER
4	Summons Issued as to MICHELLE R. RICCI. Days Due - 20. Summons mailed to counsel. (gxh) (Entered: 12/04/2008)	Dec. 4, 2008	Dec. 4, 2008 PACER
5	Summons Issued as to GEORGE W. HAYMAN. Days Due - 20. Summons mailed to counsel. (gxh) (Entered: 12/04/2008)	Dec. 4, 2008	Dec. 4, 2008 PACER
6	ORDER adjourning pltf's motion for preliminary injunction to 2/17/09; and setting briefing schedule. Signed by Judge Anne E. Thompson on 12/29/08. (lk) (Entered: 12/29/2008)	Dec. 29, 2008	Dec. 29, 2008 Clearinghouse
7	ORDER granting 3 Motion for Daniel Mach, Esq. Leave to Appear Pro Hac Vice. Signed by Magistrate Judge John J. Hughes on 1/7/09. (lk) (Entered: 01/08/2009)	Jan. 8, 2009	Jan. 8, 2009 PACER
8	SUMMONS Returned Executed by HOWARD THOMPSON, JR. MICHELLE R. RICCI served on 1/5/2009, answer due 1/26/2009. (BAROCAS, EDWARD) (Entered: 01/09/2009)	Jan. 9, 2009	Jan. 9, 2009 PACER
9	SUMMONS Returned Executed by HOWARD THOMPSON, JR. GEORGE W. HAYMAN served on 1/5/2009, answer due 1/26/2009. (BAROCAS, EDWARD) (Entered: 01/09/2009)	Jan. 9, 2009	Jan. 9, 2009 PACER
10	BRIEF in Opposition re 2 MOTION for Preliminary Injunction filed by MICHELLE R. RICCI, GEORGE W. HAYMAN. (Attachments: # 1 Certification of Michelle Ricci, # 2 Certificate of Service)(MORATTI, DIANNE) (Entered: 01/16/2009) 1 Certification of Michelle Ricci View on PACER 2 Certificate of Service View on PACER	Jan. 16, 2009	Jan. 16, 2009 PACER
11	Application and Proposed Order for Clerk's Order to extend time to answer Attorney SUSAN MARIE SCOTT and SUSAN MARIE SCOTT for MICHELLE R. RICCI and GEORGE W. HAYMAN added. (Attachments: # 1 Certificate of Service)(SCOTT, SUSAN) (Entered: 01/22/2009) 1 Certificate of Service View on PACER	Jan. 22, 2009	Jan. 22, 2009 PACER
	Granting 11 Application and Clerk's text only Order to extend time to answer as to MICHELLE R. RICCI answer due 2/9/2009; GEORGE W. HAYMAN answer due 2/9/2009. (lk)	Jan. 23, 2009	Jan. 23, 2009 PACER
	Pro Hac Vice fee received for Daniel Mach, Esq.: $150, receipt number 300 371075 (mmh)	Jan. 23, 2009	Jan. 23, 2009 PACER
12	Letter from Request by Local Counsel for Pro Hac Vice Attorney to Receive Electronic Notification. (BAROCAS, EDWARD) (Entered: 01/23/2009)	Jan. 23, 2009	Jan. 23, 2009 PACER
13	ANSWER to Complaint with Jury Demand by MICHELLE R. RICCI, GEORGE W. HAYMAN. (Attachments: # 1 Certificate of Service)(SCOTT, SUSAN) (Entered: 02/09/2009) 1 Certificate of Service View on PACER	Feb. 9, 2009	Feb. 9, 2009 PACER
14	REPLY to Response to Motion re 2 MOTION for Preliminary Injunction (Reply Brief) filed by HOWARD THOMPSON, JR. (Attachments: # 1 Declaration of Howard Thompson, # 2 Declaration of Dr. Yolanda Pierce)(BAROCAS, EDWARD) (Entered: 02/09/2009) 1 Declaration of Howard Thompson View on PACER 2 Declaration of Dr. Yolanda Pierce View on PACER	Feb. 9, 2009	Feb. 9, 2009 PACER
	CLERK'S QUALITY CONTROL MESSAGE: FOR FUTURE REFERENCE The Answer 13 submitted by S. Scott, Esq. on 2/9/09 did not contain a proper handwritten signature of Dianne M. Moratti. Only the filing user is permitted to sign electronically filed documents with an s/. This submission will remain on the docket unless otherwise ordered by the court. (lk)	Feb. 10, 2009	Feb. 10, 2009 PACER
15	NOTICE of Hearing:A Telephone Conference Call has been set for 3/12/2009 03:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (ce3) (Additional attachment(s) added on 2/11/2009: # 1 Main document) (ce3, ). (Entered: 02/11/2009)	Feb. 11, 2009	Feb. 11, 2009 PACER
16	Minute Entry for proceedings held before Judge Anne E. Thompson: Motion Hearing held on 2/17/2009 re 2 MOTION for Preliminary Injunction filed by HOWARD THOMPSON, JR. DENIED. OTBS. (Court Reporter/Recorder M. Kalbach.) (jb, ) (Entered: 02/18/2009)	Feb. 17, 2009	Feb. 17, 2009 PACER
17	Letter from Defendants Requesting Extension of Producing a Discovery Plan. (MORATTI, DIANNE) (Entered: 02/18/2009)	Feb. 18, 2009	Feb. 18, 2009 PACER
18	MEMORANDUM AND ORDER denying 2 Motion for Preliminary Injunction. Signed by Judge Anne E. Thompson on 2/23/09. (lk) (Entered: 02/24/2009)	Feb. 23, 2009	Feb. 23, 2009 Clearinghouse
19	Transcript of MOTION HEARING held on 2/17/2009, before Judge ANNE E. THOMPSON. Court Reporter/Transcriber J & J COURT TRANSCRIBERS, INC., Telephone number (609) 586-2311. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. If no such notice is filed, the transcript will be made remotely available in electronic format to the public without redaction after ninety(90) calendar days. The redaction policy is located on our website at www.njd.uscourts.gov. Transcripts may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for release of transcript restriction. After that date it may be obtained through PACER. Redaction Request due 3/27/2009. Redacted Transcript Deadline set for 4/6/2009. Release of Transcript Restriction set for 6/4/2009. (mmh) (Entered: 03/09/2009)	March 6, 2009	March 6, 2009 PACER
	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 3/12/2009. (ce3)	March 16, 2009	March 16, 2009 PACER
	TEXT ORDER - Status Conference via telephone set for Tuesday, July 21, 2009 at 10:30 AM before Magistrate Judge Douglas E. Arpert. It shall be plaintiffs counsels responsibility to contact all counsel to set up the conference as well as initiate the conference call. Kindly mark your calendar accordingly.(ce3)	March 16, 2009	March 16, 2009 PACER
20	SCHEDULING ORDER: Telephone Conference set for 7/21/2009 10:30 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Final Pretrial Conference set for 11/5/2009 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Discovery due by 9/11/2009 and setting schedule for service of certain reports. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/13/09. (ij, ) (Entered: 03/16/2009)	March 16, 2009	March 16, 2009 PACER
	Case Reassigned to Magistrate Judge Douglas E. Arpert. (mak)	April 3, 2009	April 3, 2009 PACER
21	MOTION for Leave to Appear Pro Hac Vice (for Heather Weaver) by HOWARD THOMPSON, JR. (Attachments: # 1 Certification of Ed Barocas in Support of Pro Hac Vice Petition, # 2 Certification of Heather Weaver in Support of Pro Hac Vice Petition, # 3 Text of Proposed Order)(BAROCAS, EDWARD) (Entered: 04/08/2009) 1 Certification of Ed Barocas in Support of Pro Hac Vice Petition View on PACER 2 Certification of Heather Weaver in Support of Pro Hac Vice Petition View on PACER 3 Text of Proposed Order View on PACER	April 8, 2009	April 8, 2009 PACER
	Set Deadlines as to 21 MOTION for Leave to Appear Pro Hac Vice (for Heather Weaver) MOTION for Leave to Appear Pro Hac Vice (for Heather Weaver). Motion set for 5/4/2009 before Magistrate Judge Douglas E. Arpert. The motion will be decided on the papers. No appearances required unless notified by the court. (lk)	April 9, 2009	April 9, 2009 PACER
	Pro Hac Vice fee received for Heather L. Weaver, Esq.: $150, receipt number 200 356313 (mmh)	April 13, 2009	April 13, 2009 PACER
22	ORDER granting 21 Motion for Heather L. Weaver, Esq. Leave to Appear Pro Hac Vice for pltf.. Signed by Judge Anne E. Thompson on 4/13/09. (lk) (Entered: 04/15/2009)	April 14, 2009	April 14, 2009 PACER
23	ORDER setting certain discovery deadlines (lk) (Entered: 04/15/2009)	April 14, 2009	April 14, 2009 PACER
24	NOTICE of Appearance by EDWARD L. BAROCAS on behalf of HOWARD THOMPSON, JR (BAROCAS, EDWARD) (Entered: 04/21/2009)	April 21, 2009	April 21, 2009 PACER
25	Joint MOTION to Amend/Correct /Modify the Pretrial Scheduling Order by HOWARD THOMPSON, JR. (Attachments: # 1 Text of Proposed Order)(BAROCAS, EDWARD) (Entered: 06/02/2009) 1 Text of Proposed Order View on PACER	June 2, 2009	June 2, 2009 PACER
	Set Deadlines as to 25 Joint MOTION to Amend/Correct /Modify the Pretrial Scheduling Order. Motion set for 7/6/2009 before Magistrate Judge Douglas E. Arpert. The motion will be decided on the papers. No appearances required unless notified by the court. (lk)	June 3, 2009	June 3, 2009 PACER
26	ORDER granting 25 Joint Motion to Modify Pretrial Scheduling Order. Signed by Magistrate Judge Douglas E. Arpert on 6/4/2009. (mmh) (Entered: 06/08/2009)	June 8, 2009	June 8, 2009 PACER
27	Letter from Deputy Attorney General Susan M. Scott on behalf of Defendants seeking an Order to depose Plaintiff, an inmate. (Attachments: # 1 Text of Proposed Order)(SCOTT, SUSAN) (Entered: 07/20/2009) 1 Text of Proposed Order View on PACER	July 20, 2009	July 20, 2009 PACER
	Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Telephone Conference held on 7/21/2009. (ce3)	July 21, 2009	July 21, 2009 PACER
28	ORDER granting request to take deposition of plaintiff. Signed by Magistrate Judge Douglas E. Arpert on 7/21/09. (lk) (Entered: 07/27/2009)	July 22, 2009	July 22, 2009 PACER
	Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Telephone Conference held on 9/11/2009. (ce3)	Sept. 11, 2009	Sept. 11, 2009 PACER
29	Proposed Pretrial Order /Modifying the Pretrial Scheduling Order by HOWARD THOMPSON, JR. (BAROCAS, EDWARD) (Entered: 09/25/2009)	Sept. 25, 2009	Sept. 25, 2009 PACER
	CLERK'S QUALITY CONTROL MESSAGE: The Document 29 Proposed Order submitted by E. Barocas, Esq. on 9/25/09 must be executed by a Judicial Officer before filing. Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only.(lk)	Sept. 28, 2009	Sept. 28, 2009 PACER
	NOTICE of Hearing: Telphone Conference set for 10/8/2009 11:00 AM in Trenton - Courtroom 6W before Magistrate Judge Douglas E. Arpert. (ce3)	Oct. 5, 2009	Oct. 5, 2009 PACER
	Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Telephone Conference held on 10/8/2009, ( Status Conference set for 1/5/2010 10:30 AM in Trenton - Courtroom 6W before Magistrate Judge Douglas E. Arpert. It shall be Plaintiff's responsibility to set up and initiate call. Mark your calendars accordingly). (ce3, )	Oct. 8, 2009	Oct. 8, 2009 PACER
30	SCHEDULING ORDER: Telephone Conference set for 1/5/2010 10:30 AM before Magistrate Judge Douglas E. Arpert. Motions due by 5/14/2010.. Signed by Magistrate Judge Douglas E. Arpert on 10/8/09. (lk) (Entered: 10/08/2009)	Oct. 8, 2009	Oct. 8, 2009 PACER
31	STIPULATION of Dismissal by HOWARD THOMPSON, JR. (SEERATAN, NADIA) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009 RECAP
31	STIPULATION of Dismissal by HOWARD THOMPSON, JR. (SEERATAN, NADIA) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009 RECAP
	***Civil Case Terminated. (ss, )	Nov. 25, 2009	Nov. 25, 2009 PACER
	***Civil Case Terminated. (ss, )	Nov. 25, 2009	Nov. 25, 2009 PACER
	***Civil Case Terminated. (ss, )	Nov. 25, 2009	Nov. 25, 2009 PACER