Powlette et al v. Twymann et al
| Jason Powlette, Karvia Hamilton, Errol Prince, Jose DeLeon, Roberto Pascal, Yamani Ravenell, Felix Tapia, Lavonte Thomas and Devon Denton |
| Alvin Twymann, Alicia Smith-Roberts, Kathleen Gerbing, Cheryl Morris, Paul Guenette, Jeff McKoy and Anthony J. Annucci |
| 1:2013cv07378 |
| October 17, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Orange |
| Katherine Polk Failla |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
96
OPINION AND ORDER re: 80 MOTION for Summary Judgment filed by Paul Guenette, Cheryl Morris: No party to this litigation - including the Court - disputes that Negus Day is an important day for Plaintiffs, or that Plaintiffs 9; sincerely-held beliefs were burdened by the removal of this holiday from the 2013 Religious Calendar. However, as discussed in detail above, Defendant has demonstrated that it was objectively reasonable for her to believe, based on all of the information that she had sought and obtained, that it was lawful for her to address legitimate penological interests by removing Negus Day and adding the Battle of Adwa Victory to the 2013 Religious Calendar. And on this record, no reasonable jury could conclude otherwise. As a result, Defendant is entitled to qualified immunity, and Plaintiffs' Free Exercise, Establishment Clause, and Equal Protection claims must fail. For the reasons discussed herein, Defendant's summary judgment motion is GRANTED. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 5/23/2016) (tn)
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