Case: Kalwasinski v. Maxymillian

9:09-cv-00214 | U.S. District Court for the Northern District of New York

Filed Date: Feb. 20, 2009

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On February 20, 2009, a Muslim prisoner at the Central New York Psychiatric Center filed this lawsuit in the U.S. District Court for the Northern District of New York. The pro se plaintiff sued the Director of the Sex Offender Treatment Program, the New York State Office of Health Commissioner, and the Executive Director of the Central New York Psychiatric Center under 42 U.S.C. §1983. The plaintiff sought injunctive and monetary relief, claiming violations of the First Amendment Free Exercise …

On February 20, 2009, a Muslim prisoner at the Central New York Psychiatric Center filed this lawsuit in the U.S. District Court for the Northern District of New York. The pro se plaintiff sued the Director of the Sex Offender Treatment Program, the New York State Office of Health Commissioner, and the Executive Director of the Central New York Psychiatric Center under 42 U.S.C. §1983. The plaintiff sought injunctive and monetary relief, claiming violations of the First Amendment Free Exercise Clause, the Fifth and Fourteenth Amendment Due Process Clauses, and the Eighth Amendment prohibition against cruel and unusual punishment. The plaintiff alleged that his facility, the Central New York Psychiatric Center (CNYPC) did not allow him to properly participate in Al-Jumu’ah prayer services, forced him to attend classes on Fridays in violation of Muslim practice, and denied him food in compliance with Halal.

On March 17, 2010, the plaintiff moved for summary judgment. He argued there was clear evidence the CNYPC misunderstood the requirements for Al-Jumu’ah prayer and in doing so deprived him of Free Exercise. On April 14, 2010, the defendants filed a cross-motion for summary judgment, arguing (1) that the reason Al-Jumu’ah prayer has not been provided is that there are no Imams in the area who are available to facilitate, (2) the food offered in the cafeteria allows those following a Halal diet to sustain good health without violating their dietary laws, and (3) the utensils are sufficiently washed so as to be in compliance with Halal.

On December 23, 2010, Magistrate Judge George Lowe issued a report and recommendation to Judge David Hurd, (2010 WL 5620908), which Judge Hurd then adopted in full on January 20, 2011. Judge Hurd denied the plaintiff’s motion for summary judgment while granting in part and denying in part the defendant’s motion for summary judgment. The surviving claims included the Free Exercise and Religious Land Use and Institutionalized Persons Act claims regarding the lack of Al-Jumu’ah services, the lack of a Halal-compliant menu, the denial of access to sacred food on religious holidays, and the requirement to attend classes on Fridays. The court dismissed the Free Exercise claims regarding bowls, utensils, and serving fish on Fridays; the Establishment Clause claim regarding serving fish on Fridays; the Due Process Claims; the Eighth Amendment claim; and the claim against the New York State Office of Health Commissioner. 2011 WL 195648.

After the appointment of pro bono counsel on September 29, 2011, parties moved to settle the lawsuit. On November 14, 2011, the parties consented to have Magistrate Judge Lowe oversee the negotiations and final resolution of the case. On February 7, 2012, the parties settled and Magistrate Judge Lowe signed off on the settlement the next day. According to the settlement, the defendants would pay the plaintiff $15,000, which included all damages, costs, and attorney’s fees, and the defendants further agreed to have a Halal menu in place and retain an Imam to lead Al-Jumu’ah services on Fridays. As no action has been taken on this case since, it is likely this case is closed.

Summary Authors

Bryce Freeman (10/1/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5505552/parties/kalwasinski-v-maxymillian/


Judge(s)

Lowe, George H (New York)

Attorney for Plaintiff

Dignam, Brett (Connecticut)

Higgins, Dean J (New York)

Kalwasinski, Edward (New York)

show all people

Documents in the Clearinghouse

Document

9:09-cv-00214

Docket [PACER]

Feb. 8, 2012

Feb. 8, 2012

Docket
1

9:09-cv-00214

Complaint

Feb. 2, 2009

Feb. 2, 2009

Complaint
42

9:09-cv-00214

Report Recommendation and Order

Dec. 23, 2010

Dec. 23, 2010

Order/Opinion
59

9:09-cv-00214

Stipulation and Order of Discontinuance Pursuant to Rule 41(A)

Feb. 8, 2012

Feb. 8, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5505552/kalwasinski-v-maxymillian/

Last updated Feb. 13, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Teri Maxymillian, Michael Hogan, Donald Sawyer filed by Edward Kalwasinski.(mnm) (Entered: 02/24/2009)

Feb. 20, 2009

Feb. 20, 2009

3

ORDER that the Clerk shall revise the designation of this case, No. 09−CV−00214(DNH/GHL), to reflect a division nine case assignment; granting 2 Motion for Leave to Proceed in forma pauperis and service is directed of the complaint. Signed by Magistrate Judge George H. Lowe on 3/10/09. {order served via regular mail on plaintiff}(nas) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

4

Summons Issued as to Teri Maxymillian, Michael Hogan, Donald Sawyer. (nas, ) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

5

ACKNOWLEDGEMENT OF SERVICE Executed as to Michael Hogan served on 4/13/2009, answer due 5/4/2009. (nas) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

6

ACKNOWLEDGEMENT OF SERVICE Executed as to Teri Maxymillian served on 4/13/2009, answer due 5/4/2009. (nas) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

7

ACKNOWLEDGEMENT OF SERVICE Executed as to Donald Sawyer served on 4/13/2009, answer due 5/4/2009. (nas) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

8

BILL OF COSTS submitted by the US Marshals to recover costs of service in the amount of $24.00. (nas) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

9

Notice of Appearance and Letter Motion from Dean J. Higgins, Esq. for Teri Maxymillian, Michael Hogan, Donald Sawyer requesting Extension of time to answer submitted to Judge George H. Lowe. (Attachments: # 1 Exhibit(s) Notice of Appearance)(Higgins, Dean) (Entered: 04/17/2009)

April 17, 2009

April 17, 2009

TEXT ORDER granting 9 Letter Request, Teri Maxymillian answer due 5/29/2009; Michael Hogan answer due 5/29/2009; Donald Sawyer answer due 5/29/2009. Authorized by NAS as per direction of Magistrate Judge George H. Lowe on 4/17/09. {order served via regular mail on all non−ecf parties}(nas) (Entered: 04/17/2009)

April 17, 2009

April 17, 2009

10

Letter Motion from Dean J. Higgins, Esq. for Teri Maxymillian, Michael Hogan, Donald Sawyer requesting extension of time to answer submitted to Judge George H. Lowe. (Higgins, Dean) (Entered: 05/28/2009)

May 28, 2009

May 28, 2009

TEXT ORDER granting 10 Letter Request, Teri Maxymillian answer due 6/12/2009; Michael Hogan answer due 6/12/2009; Donald Sawyer answer due 6/12/2009. Authorized by NAS as per direction of Magistrate Judge George H. Lowe on 5/29/09. {order served via regular mail on plaintiff}(nas) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

11

ANSWER to 1 Complaint by Teri Maxymillian, Michael Hogan, Donald Sawyer. (Attachments: # 1 Declaration of service of Answer on Plaintiff)(Higgins, Dean) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

12

MANDATORY PRETRIAL DISCOVERY AND SCHEDULING ORDER: Discovery due by 10/11/2009. Dispositive Motions to be filed by 1/10/2010. Signed by Magistrate Judge George H. Lowe on 6/11/09. {order served via regular mail on all non−ecf parties}(nas) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

13

***STRICKEN FROM THE DOCKET PER DKT NO. 14***REQUEST for Production of Documents and Records by Edward Kalwasinski.(nas ) Modified on 7/1/2009 (nas, ). (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

14

ORDER TO STRIKE 13 Request for Production of Documents filed by Edward Kalwasinski. Signed by Magistrate Judge George H. Lowe on 7/1/09. {order served via regular mail on all non−ecf parties}(nas) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

15

MOTION to Compel Motion Hearing set for 9/24/2009 Response to Motion due by 9/8/2009 filed by Edward Kalwasinski. Motions referred to George H. Lowe. (nas) (Entered: 08/25/2009)

Aug. 25, 2009

Aug. 25, 2009

TEXT NOTICE of Hearing on Motion 15 MOTION to Compel : ON SUBMISSION ONLY, returnable on 9/24/09. Response to Motion due by 9/8/2009 {notice served via regular mail on all non−ecf parties}(nas) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

17

ORDER granting 16 Letter Request, response to 15 MOTION to Compel : due by 9/24/2009. Signed by NAS as per direction of Magistrate Judge George H. Lowe on 9/10/09. {order served via regular mail on all non−ecf parties}(nas) (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

18

RESPONSE in Opposition re 15 MOTION to Compel, 16 Letter Motion from Dean J. Higgins, Esq. for Teri Maxymillian, Michael Hogan, Donald Sawyer requesting Extension of time to respond to Motion submitted to Judge George H. Lowe filed by Teri Maxymillian, Michael Hogan, Donald Sawyer. (Attachments: # 1 Exhibit(s) Letter to plaintiff enclosing responses, # 2 Exhibit(s) Response to discovery demand)(Higgins, Dean) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

19

Letter Motion from Dean J. Higgins, Esq. for Teri Maxymillian, Michael Hogan, Donald Sawyer requesting Extension of discovery deadline to take deposition submitted to Judge George H. Lowe. (Higgins, Dean) (Entered: 10/08/2009)

Oct. 8, 2009

Oct. 8, 2009

20

****VACATED***ORDER granting 19 Letter Request, Dispositive Motions to be filed by 11/20/2009. Signed by NAS as per direction of Magistrate Judge George H. Lowe on 10/8/09. {order served via regular mail on all non−ecf parties}(nas) Modified on 10/9/2009 (nas, ). (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

TEXT ORDER that the Clerk shall vacate 20 Order on Letter Request and modify the docket to reflect that Discovery is due by 11/20/2009. Authorized by NAS as per direction of Magistrate Judge George H. Lowe on 10/9/09. {order served via regular mail on all non−ecf parties}(nas) (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

21

ORDER granting in part and denying in part 15 Motion to Compel. ORDERED, that defendants shall provide any additional discovery materials responsive to the Pretrial Order within twenty (20) days of the filing date of this Order. ORDERED that the discovery completition deadline is reset to 11/20/09.Signed by Magistrate Judge George H. Lowe on 10/13/09.{order served via regular mail on all non−ecf parties} (nas) (Entered: 10/13/2009)

Oct. 13, 2009

Oct. 13, 2009

Set/Reset Scheduling Order Deadlines: Discovery due by 11/20/2009. (nas, ) (Entered: 10/13/2009)

Oct. 13, 2009

Oct. 13, 2009

22

MOTION to Compel filed by Edward Kalwasinski. Motions referred to George H. Lowe. (nas) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

TEXT NOTICE of Hearing on 22 MOTION to Compel : ON SUBMISSION ONLY, returnable on 12/7/09. Response to Motion due by 11/20/2009 {notice mailed to all non−ecf parties}(nas) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

23

RESPONSE in Opposition re 22 MOTION to Compel filed by Teri Maxymillian, Michael Hogan, Donald Sawyer. (Attachments: # 1 Declaration of service of discovery responses on Plaintiff)(Higgins, Dean) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

24

RESPONSE to Motion re 22 MOTION to Compel Confirmation of service of verified responses to interrogatories filed by Teri Maxymillian, Michael Hogan, Donald Sawyer. (Attachments: # 1 Declaration of service of verified responses upon Plaintiff)(Higgins, Dean) (Entered: 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

25

DECISION AND ORDER: ORDERED, that plaintiff's 22 Motion to Compel is DENIED AS MOOT. ORDERED, that the discovery in this action is now closed. ORDERED, that the dispositive motion filing deadline is 1/10/2010. Signed by Magistrate Judge George H. Lowe on 12/14/09. (Decision and Order served on plaintiff by regular mail) (alh, ) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

Set Deadline: Per Order dated 12/14/09, Dispositive Motion deadline is 1/10/2010. (alh, ) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

26

Letter Motion from Dean J. Higgins, Esq. for Michael Hogan, Teri Maxymillian, Donald Sawyer requesting brief extension of deadline for dispositive motion submitted to Judge George H. Lowe. (Higgins, Dean) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

28

Letter Motion from Dean J. Higgins, Esq. for Michael Hogan, Teri Maxymillian, Donald Sawyer requesting extension of time to file dispositive motions submitted to Judge George H. Lowe. (Higgins, Dean) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

29

ORDER granting 28 Letter Request, Dispositive Motions to be filed by 3/1/2010. Signed by MNC per the direction of Magistrate Judge George H. Lowe on 1/20/10. (order served on plaintiff by regular mail) (mnc) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

30

Letter Motion from Dean J. Higgins, Esq. for Michael Hogan, Teri Maxymillian, Donald Sawyer requesting one week extension of motion deadline submitted to Judge George H. Lowe. (Attachments: # 1 Affirmation of service of request upon Plaintiff)(Higgins, Dean) (Entered: 02/23/2010)

Feb. 23, 2010

Feb. 23, 2010

TEXT ORDER granting 30 Letter Request, Dispositive Motions to be filed by 3/8/2010. No further extensions will be granted absent a showing of good cause. Authorized by NAS as per direction of Magistrate Judge George H. Lowe on 2/23/10. {order served via regular mail on all non−ecf parties}(nas) (Entered: 02/23/2010)

Feb. 23, 2010

Feb. 23, 2010

31

Letter Motion from Dean J. Higgins, Esq. for Michael Hogan, Teri Maxymillian, Donald Sawyer requesting extension to 3/17/2010 to file and serve dispositive motion submitted to Judge George H. Lowe. (Higgins, Dean) (Entered: 03/04/2010)

March 4, 2010

March 4, 2010

32

ORDER THAT FOR GOOD CAUSE SHOWN, granting 31 Letter Request, Dispositive Motions to be filed by 3/17/2010. Signed by NAS as per direction of Magistrate Judge George H. Lowe on 3/4/10. {order served via regular mail on all non−ecf parties}(nas) (Entered: 03/04/2010)

March 4, 2010

March 4, 2010

33

MOTION for Summary Judgment filed by Edward Kalwasinski. (Attachments: # 1 Statement of Material Facts, # 2 Memorandum of Law) (nas) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

TEXT NOTICE of Hearing on Motion 33 MOTION for Summary Judgment : ON SUBMISSION ONLY, returnable on 4/19/10. Response to Motion due by 4/2/2010 Reply to Response to Motion due by 4/8/2010. {notice served via regular mail on all non−ecf parties}(nas) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

34

Letter Motion from Dean J. Higgins, Esq. for Michael Hogan, Teri Maxymillian, Donald Sawyer requesting extension to file dispositive motions submitted to Judge George H. Lowe. (Higgins, Dean) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

35

ORDER granting 34 Letter Request, Dispositive Motion filing deadline is reset to 4/14/2010, granting an extension of time to file a response to 33 MOTION for Summary Judgment : Response to Motion due by 4/14/2010. Signed by NAS as per direction of Magistrate Judge George H. Lowe on 3/18/10. {order served via regular mail on all non−ecf parties}(nas) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

36

RESPONSE in Opposition re 33 MOTION for Summary Judgment Main response contained in Defendants' Motion for Summary Judgment filed by Michael Hogan, Teri Maxymillian, Donald Sawyer. (Attachments: # 1 Exhibit(s) Response to plaintiff's Rule 7 statement)(Higgins, Dean) (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

37

First MOTION for Summary Judgment Motion Hearing set for 5/20/2010 09:30 AM in Syracuse before Magistrate Judge George H. Lowe Response to Motion due by 5/3/2010 Reply to Response to Motion due by 5/10/2010. filed by Michael Hogan, Teri Maxymillian, Donald Sawyer. (Attachments: # 1 Statement of Material Facts, # 2 Exhibit(s) Cautionary warning to pro se litigant regarding responsive papers, # 3 Declaration of Dean Higgins, # 4 Exhibit(s) numbers 1−14 attached to and described in Higgins declaration, # 5 Declaration of Imam Najeeullah, # 6 Declaration of Elaine Dziadyk, # 7 Declaration of Valerie Fasteson, # 8 Memorandum of Law, # 9 Appendix Simmons case, # 10 Appendix Majid case) (Higgins, Dean) (Attachment 8 replaced on 4/15/2010) (nas, ). (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

38

REQUEST FOR ENTRY OF DEFAULT as to Michael Hogan, Teri Maxymillian, Donald Sawyer for failure to respond to 33 MOTION for Summary Judgment by Edward Kalwasinski. (nas) (Entered: 04/20/2010)

April 20, 2010

April 20, 2010

40

RESPONSE in Opposition re 37 First MOTION for Summary Judgment filed by Edward Kalwasinski. (nas) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

41

Letter Motion for Edward Kalwasinski requesting a copy of defendants' response to plaintiff's motion for summary judgment and an updated copy of the docket sheet. (nas ) (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

TEXT ORDER granting 41 Letter Request. The Clerk is directed to provide plaintiff with a copy of defendants' response to his motion for summary judgment (dkt no. 36) and a copy of the docket sheet. Authorized by NAS as per direction of Magistrate Judge George H. Lowe on 7/28/10. {order, dkt no. 36 and docket sheet served via regular mail on plaintiff}(nas) (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

42

REPORT-RECOMMENDATIONS and ORDER: RECOMMENDED that Defendants' motion for summary judgment (Dkt. No. 37 ) be GRANTED IN PART AND DENIED IN PART. Recommend that the Court grant Defendants' motion and dismiss the following claims: (1) the f ree exercise and RLUIPA claims regarding the use of bowls and utensils; (2) the free exercise and RLUIPA claims regarding CNYPC's practice of serving fish on Fridays; (3) any Establishment Clause claim regarding CNYPC's practice of serving fish on Fridays; (4) the due process claim; (5) the Eighth Amendment claim; and (6) all claims against Defendant Hogan. RECOMMENDED that Plaintiff's motion for summary judgment (Dkt. No. 33 ) be DENIED. RECOMMENDED that the following claims s urvive the pending motions: (1) the free exercise and RLUIPA claims regarding the lack of Al Jumu'ah services at CNYPC; (2) the free exercise and RLUIPA claims regarding the lack of a Halal menu at CNYPC; (3) the claim regarding CNYPC's req uirement that Plaintiff attend classes on Fridays; and (4) the claim that Defendants denied Plaintiff sacred foods on holidays. The parties should be prepared, in further proceedings, to fully brief whether the legitimate Penological interest or the compelling government interest test should be applied to this case. Objections to R&R due by 1/6/2011 Case Review Deadline 1/13/2011. Signed by Magistrate Judge George H. Lowe on 12/22/10. {r&r and copies of the cited cases served via regular mail on plaintiff}(nas )

Dec. 23, 2010

Dec. 23, 2010

RECAP
43

MOTION to Appoint Counsel filed by Edward Kalwasinski. Motions referred to George H. Lowe. (nas, ) (Entered: 01/12/2011)

Jan. 12, 2011

Jan. 12, 2011

44

Letter Motion from Dean J. Higgins for Michael Hogan, Teri Maxymillian, Donald Sawyer requesting extension of case review deadline submitted to Judge George H. Lowe. (Higgins, Dean) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

45

DECISION AND ORDER: The 42 Report and Recommendations is accepted and adopted in all respects. ORDERED that plaintiff's 33 Motion for Summary Judgment is DENIED. ORDERED that 37 Motion for Summary Judgment is GRANTED IN PART and DENIED I N PART as set forth in this Decision and Order. The parties are advised that in all further proceedings, they should be prepared to fully brief whether the legitimate Penological interest or the compelling government interest test should be applied to this case. Signed by Judge Hurd on 1/20/11.{order served via regular mail on all non-ecf parties}(nas)

Jan. 20, 2011

Jan. 20, 2011

RECAP
46

NOTICE by Edward Kalwasinski that in 3 weeks he will be released from CNYPC and his new address will be: c/o Cheryl Kalwasinski; 3019 Eastchester Rd #3, Bronx NY 10469 and request for a copy of the docket sheet to be sent to him at CNYPC. (nas) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

TEXT NOTICE: The Court is in receipt of plaintiff's 46 Notice that he will be relased from CNYPC in 3 weeks and of his new address. Plaintiff is advised to confirm in writing to the Court and opposing counsel of his new address upon release from CNYPC. An updated copy of the docket sheet is provided to plaintiff with this Notice via regular mail. (nas) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

NOTICE of Hearing: Status Telephone Conference set for 5/19/2011 at 10:00 AM in Syracuse before Magistrate Judge George H. Lowe. Court shall initiate telephone conference call. (ptm, ) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

Notice of Hearing of Status Conference served via regular mail on all non−ecf parties (nas) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 5/19/2011. Brett Dignam, Esq.; Dean Higgins, AAG for Defendants. Court reviews case with prospective Pro Bono Counsel. Ms. Dignam will discuss case with Mr. Kalwasinski and report to Court with decision as to pro bono representation and further conference call. (FTR Recorded) (ptm, ) (Entered: 05/26/2011)

May 19, 2011

May 19, 2011

TEXT NOTICE of Hearing: Telephone Conference set for 8/25/2011 at 02:30 PM before Magistrate Judge George H. Lowe. Chambers will initiate the call (text notice served on Plaintiff via regular mail).(rjb, ) (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 8/25/2011. Appearances: Brett Dignam, Esq. and Edward Kalwasinski for Plaintiff; Dean Higgins, AAG for Defendants. Attorney Dignam will work on getting admitted ASAP and will provide AAG Higgins with a list of needed documents. Parties will consent to trial before Judge Lowe. Jury trial tentatively scheduled for 11/30/2011 in Albany. Pretrial submissions will be due one week before trial. A follow up conference will be scheduled. (FTR Recorded) (rjb, ) (Entered: 08/26/2011)

Aug. 25, 2011

Aug. 25, 2011

TEXT NOTICE of Hearing: Status Conference set for 9/27/2011 at 02:30 PM before Magistrate Judge George H. Lowe. Chambers will initiate the call (text notice served on Plaintiff via regular mail).(rjb, ) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 9/27/2011. Appearances: Brett Dignam, Esq. for Plaintiff; Dean Higgins, AAG for Defendants. A settlement conference will be scheduled with Judge Lowe in Albany. Parties will file a consent to proceed before Judge Lowe for trial. (FTR Recorded) (rjb, ) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

48

ATTORNEY APPOINTMENT ORDER: Plaintiff having renewed his request for the appointment of pro bono trial counsel. (Dkt No. 43 ). Good Cause appearing for that respect, it is Ordered that Attorney Brett M. Dignam for Edward Kalwasinski, appointed as pro bono trial counsel. Signed by Magistrate Judge George H. Lowe on 9/29/11. {order served via regular mail on plaintiff}(nas) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

49

NOTICE of Hearing: Settlement Conference set for 11/2/2011 at 09:00 AM in Albany before Magistrate Judge George H. Lowe. (Attachments: # 1 )(rjb, ) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

TEXT NOTICE of Hearing: Telephone Conference set for 11/15/2011 at 02:00 PM before Magistrate Judge George H. Lowe. Chambers will initiate the call.(rjb, ) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

50

NOTICE by Teri Maxymillian, Donald Sawyer of signed consent for reference of matter to Magistrate Judge for trial (Attachments: # 1 Declaration of service of consent to refer matter to Magistrate Judge)(Higgins, Dean) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

51

First MOTION in Limine Concerning the Standard of Review for Plaintiff's Claims filed by Edward Kalwasinski. (Attachments: # 1 Memorandum of Law) (Dignam, Brett) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

Magistrate Judge George H. Lowe no longer assigned to case. (nas, ) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

52

CONSENT to Jurisdiction by US Magistrate Judge. So Ordered by Judge Hurd on 11/14/11. (nas) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

53

MOTION for Judgment on the Pleadings, MOTION to Strike Motion Hearing set for 11/28/2011 11:00 AM in Albany before Magistrate Judge George H. Lowe Response to Motion due by 11/14/2011 Reply to Response to Motion due by 11/17/2011. filed by Edward Kalwasinski. (Attachments: # 1 Memorandum of Law Memorandum of Law in Support of Plaintiffs Motion for Partial Judgment on the Pleadings Regarding Certain Defenses, or in the Alternative to Strike Those Defenses) (Dignam, Brett) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

54

STATUS REPORT regarding discovery and possible resolution by Teri Maxymillian, Donald Sawyer. (Higgins, Dean) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

55

ORDER directing Mental Hygiene Legal Service to release Plaintiff's records. Signed by Magistrate Judge George H. Lowe on 11/15/11. (rjb, ) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

56

MOTION for Partial Summary Judgment Motion Hearing set for 11/28/2011 11:00 AM in Albany before Magistrate Judge George H. Lowe Response to Motion due by 11/14/2011 Reply to Response to Motion due by 11/17/2011. filed by Edward Kalwasinski. (Attachments: # 1 Memorandum of Law, # 2 Statement of Material Facts, # 3 Exhibit(s)) (Dignam, Brett) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Telephonic Settlement Conference held on 11/15/2011. Appearances: Brett Dignam, Esq. and Edward Kalwasinski for Plaintiff; Dean Higgins, AAG for Defendants. Mr. Higgins still does not have any monetary settlement authority but hopes to by the end of the week. Judge Lowe and counsel confer on trial issues. Ms. Dignam will provide Mr. Higgins with documents that Plaintiff intends to enter into evidence by Friday, except for the documents from the MHLS file that they do not have yet. Plaintiff intends to file a partial summary judgment motion. No trial briefs will be filed. A follow up conference will be scheduled. (FTR Recorded) (rjb, ) (Entered: 11/18/2011)

Nov. 15, 2011

Nov. 15, 2011

TEXT NOTICE of Hearing: Telephone Settlement Conference set for 11/21/2011 at 01:00 PM before Magistrate Judge George H. Lowe. Chambers will initiate the call.(rjb, ) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

57

Letter from Judge Lowe to counsel dated 11/18/11. (rjb, ) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Telephone Settlement Conference held on 11/21/2011. Appearances: Brett Dignam, Esq. for Plaintiff; Dean Higgins, AAG for Defendants. Case did not settle, further conference to be held on 11/22/2011. (rjb, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

TEXT NOTICE of Hearing: Telephone Settlement Conference set for 11/22/2011 at 12:00 PM before Magistrate Judge George H. Lowe. Chambers will initiate the call.(rjb, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Telephone Settlement Conference held on 11/22/2011. Appearances: Brett Dignam, Esq. for Plaintiff; Dean Higgins, AAG for Defendants. Case has settled. Counsel will confer on the injunctive relief part of the settlement. The Court will contact counsel in a week or so for a status report. (FTR Recorded) (rjb, ) (Entered: 11/23/2011)

Nov. 22, 2011

Nov. 22, 2011

TEXT NOTICE of Hearing: Status Conference set for 2/7/2012 at 03:30 PM before Magistrate Judge George H. Lowe. Chambers will initiate the call.(rjb, ) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

58

STIPULATION Stipulation and Order of Discontinuance Pursuant to Rule 41(a) by Edward Kalwasinski submitted to Judge Lowe. (Dignam, Brett) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

TEXT NOTICE: The conference call scheduled for 2/7/12 is hereby cancelled. (rjb, ) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

59

STIPULATION AND ORDER of Discontinuance Pursuant to Rule 41(A). Signed by Magistrate Judge George H. Lowe on 2/8/12. (served on plaintiff by regular mail)(alh, ) (Entered: 02/08/2012)

Feb. 8, 2012

Feb. 8, 2012

Case Details

State / Territory: New York

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 20, 2009

Closing Date: 2012

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Muslim inmate at the Central New York Psychiatric Center who alleged that the facility violated his right to freely exercise his religion.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Central New York Psychiatric Center , State

New York State Office of Mental Health, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Free Exercise Clause

Cruel and Unusual Punishment

Available Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $15,000

Content of Injunction:

Hire

Reasonable Accommodation

Issues

General:

Conditions of confinement

Food service / nutrition / hydration

Language access/needs

Religious programs / policies

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run