March 21, 2016 |
Filing
61
OPINION AND ORDER: GRANTING IN PART 47 MOTION for Summary Judgment by Defendants Commissioner Indiana Department Of Correction, Director, Religious And Volunteer Services, Indiana Department Of Correction, Chaplain Green, Sharon Hawk, Sgt Johnson, Chaplain Ungrodt; DISMISSING WITH PREJUDICE Mr. Boyd's RLUIPA claim seeking kosher meals containing meat; DISMISSING WITHOUT PREJUDICE Mr. Boyd's First Amendment and RULIPA claims against David Liebel, Sgt. Johnson, Sharon Hawk and Chapl ain Green pursuant to 28:1997(e); DISMISSING WITHOUT PREJUDICE Mr. Boyd's First Amendment and RLUIPA claims against Chaplain Ungrodt for denying him the right to be permitted to wash three times a day before consuming food, wash after using the toilet, and possess religious material, pursuant to 28:1997(e); DISMISSING Bruce Lemmon, David Liebel, Sgt. Johnson, Chaplain Green and Sharon Hawk from this case. Signed by Judge Robert L Miller, Jr on 3/21/2016. (lhc)(cc: Plaintiff)
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May 26, 2015 |
Filing
17
OPINION AND ORDER: GRANTING Pla leave to proceed against Bruce Lemmon in his official capacity as Commissioner of the IDOC for injunctive relief seeking kosher meals containing kosher meats under the Religious Land Use and Institutionalized Persons Act, 42:2000cc-1(a); GRANTING Pla leave to proceed on a claim against David Liebel, Sharon Hawk, and Chaplains Ungrodt and Green, in their official capacities for injunctive relief seeking the right to be permitted to practice his religious beliefs and practices which include the ability to pray in the dorm, wash three times a day before consuming food, and wash after using the toilet pursuant to the First Amendment and the Religious Land Use and Institutionalized Persons Act, 42:2000cc-1(a ); GRANTING Pla leave to proceed on a claim against Sgt. Johnson and Sharon Hawk in their individual capacities for compensatory and punitive damages for substantially burdening the practice of his religion by denying him the right to possess religi ous materials and to pray in the dorm in violation of the First Amendment; GRANTING Pla leave to proceed on a claim against Sgt. Johnson in her individual capacity for injunctive relief for substantially burdening the practice of his religion by de nying him the right to possess religious materials and to pray in the dorm in violation of the First Amendment and the Religious Land Use and Institutionalized Persons Act, 42:2000cc-1(a); GRANTING Pla leave to proceed on a claim against Chaplains Ungrodt and Green in their individual capacities for compensatory and punitive damages for substantially burdening the practice of his religion by denying him the opportunity to shower before eating and after using the toilet, the opportunity to pray in the dorm, and to possess religious material in violation of the First Amendment; DISMISSING all other claims; GRANTING the requests for service by the USMS 15 , 16 and DIRECTING the USMS, pursuant to 28:1915(d), to effect service of process o n Bruce Lemmon, David Liebel, Sgt. Johnson, Sharon Hawk, Chaplain Ungrodt, and Chaplain Green; and ORDERING, pursuant to 42:1997e(g)(2), that Bruce Lemmon, David Liebel, Sgt. Johnson, Sharon Hawk, Chaplain Ungrodt, and Chaplain Green respond, as provided for in the Fed. R. Civ. P. and N.D. IND. L.R. 10.1, only to the claim for which the pro se pla has been granted leave to proceed in this screening order. Signed by Judge Robert L Miller, Jr on 5/26/2015. (lhc)(cc: Pla)
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