Turner v. Collier et al

Turner v. Collier et al

Case Number:	4:2019cv04124
Filed:	September 30, 2022
Court:	US District Court for the Southern District of Texas
Office:	Houston Office
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
September 30, 2022	Filing 115 OPINION AND ORDER GRANTING SUMMARY JUDGMENT IN PART AND GRANTING TEMPORARY INJUNCTIVE RELIEF. The motions by Defendants Texas Department of Criminal Justice, Bryan Collier, David Goldstein, and Timothy Jones are GRANTED IN PART and DENIED IN PART. Dk ts 94 & 110. The motions are GRANTED as to the First Amendment free exercise claim, the Fourteenth Amendment equal protection claim, and the Americans with Disabilities Act claim. Those claims are DISMISSED WITH PREJUDICE. The motions are otherwise D ENIED. The motion by Plaintiff Noel Turner For preliminary injunction is GRANTED. Dkt 102. A separate order of preliminary injunction will be ENTERED compelling Defendants as follows: The State of Texas must provide Plaintiff Noel Turner three shelf -stable kosher meals per day, a hot pot that is to be used to heat those meals, and a location in which he can store such items. This relief is narrowly drawn, extends no further than necessary to correct the harm, and is the least intrusive means ne cessary to correct the harm. 18 USC § 3626(a)(2). TDCJ retains discretion under RLUIPA to avoid the preemptive force of this injunctive relief by changing the policy or practice that results in a substantial burden on religious exercise, by ret aining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. 42 USC § 2000cc-3(e). A separate order appointing counsel for Turner will also be ENTERED. (Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4)

Date Filed

Document Text

September 30, 2022

Filing 115 OPINION AND ORDER GRANTING SUMMARY JUDGMENT IN PART AND GRANTING TEMPORARY INJUNCTIVE RELIEF. The motions by Defendants Texas Department of Criminal Justice, Bryan Collier, David Goldstein, and Timothy Jones are GRANTED IN PART and DENIED IN PART. Dk ts 94 & 110. The motions are GRANTED as to the First Amendment free exercise claim, the Fourteenth Amendment equal protection claim, and the Americans with Disabilities Act claim. Those claims are DISMISSED WITH PREJUDICE. The motions are otherwise D ENIED. The motion by Plaintiff Noel Turner For preliminary injunction is GRANTED. Dkt 102. A separate order of preliminary injunction will be ENTERED compelling Defendants as follows: The State of Texas must provide Plaintiff Noel Turner three shelf -stable kosher meals per day, a hot pot that is to be used to heat those meals, and a location in which he can store such items. This relief is narrowly drawn, extends no further than necessary to correct the harm, and is the least intrusive means ne cessary to correct the harm. 18 USC § 3626(a)(2). TDCJ retains discretion under RLUIPA to avoid the preemptive force of this injunctive relief by changing the policy or practice that results in a substantial burden on religious exercise, by ret aining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. 42 USC § 2000cc-3(e). A separate order appointing counsel for Turner will also be ENTERED. (Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4)

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