The Christian Separatist Church Society of Ohio; The Wife of Christ, Prosopopoeia et al v. The Ohio Department of Rehabilitation and Corrections et al
| The Christian Separatist Church Society of Ohio; The Wife of Christ, Prosopopoeia, Ray S. Heid, Raymond R. Wolf, II, Allen Hiltbrunner, Mathew Schoolcraft, Cody Stout, Colin W. Stout, James T. Stout, David K. Gerald, Justin S. Schiessler, James R. Albaugh, III, David R. LaPrade, James E Damron, Anthony Haaf, Brian M. Shannon and Jacob Friend |
| The Ohio Department of Rehabilitation and Corrections, Gary C Mohr, Michael Davis and Roger Wilson |
| 2:2015cv02757 |
| August 26, 2015 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| FRANKLIN |
| Elizabeth Preston Deavers |
| Algenon L. Marbley |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
110
ORDER sustaining 104 Defendants' Objections to the Report and rejecting 102 Report and Recommendation and granting 82 Defendants' Motion for Summary Judgment. Signed by Judge Algenon L. Marbley on 3/30/18. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
102
REPORT AND RECOMMENDATION issued re 82 Defendants' MOTION for Summary Judgment in that it is RECOMMENDED that Defendants Motion for Summary Judgment be DENIED. It is further RECOMMENDED that Plaintiffs claims for money damages againstDefenda nts be DISMISSED. Objections to R&R due by 12/28/2017. Signed by Magistrate Judge Elizabeth Preston Deavers on 12/14/17. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
42
ORDER granting in part and denying in part 25 Motion to Dismiss for Failure to State a Claim; denying 26 Motion for Leave to File; adopting Report and Recommendations re 33 Report and Recommendations. Signed by Judge Algenon L. Marbley on 3/17/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
12
ORDER adopting Report and Recommendations re 4 Report and Recommendations, OVERULLING Plaintiff's Objections. Plaintiffs claims against Defendants in their official capacities and Plaintiffs claims against the Ohio Department of Rehabilitati on and Corrections are DISMISSED as not cognizable under 42 U.S.C. § 1983. Plaintiffs claims against Defendants Mohr, Davis, and Wilson in their individual capacities under 42 U.S.C. § 1983 for violations of 42 U.S.C. §§ 1981, 198 5(3) and 1986, and the substantive due process and equal protection requirements of the 14th Amendment are DISMISSED pursuant to 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. Plaintiff Christian Separatist Chur ch Society of Ohio's claims under RLUIPA are DISMISSED for lack of standing under the statute. Plaintiff Damron's claims against Defendants under 42 U.S.C. § 1983 for violations of RLUIPA and the First Amendment are DISMISSED as barred by the doctrine of res judicata. Plaintiffs' claims under 42 U.S.C. § 1983 for violations of 42 U.S.C. § 2000cc-1 and the First Amendment continue against Defendants Mohr, Davis, and Wilson in their individual capacities. Signed by Judge Algenon L. Marbley on 5/5/2016. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
4
ORDER AND REPORT AND RECOMMENDATIONS re 1 Complaint: The Magistrate Judge RECOMMENDS that Plaintiffs' claims against Defendants in their official capacities and Plaintiffs' claims against the Ohio Department of Rehabilitation and Correc tions be dismissed as not cognizable under 42 U.S.C. § 1983. The Magistrate Judge also RECOMMENDS that Plaintiffs' claims against Defendants Mohr, Davis, and Wilson in their individual capacities under 42 U.S.C. § 1983 for violatio ns of 42 U.S.C. §§ 1981, 1985(3) and 1986, and the substantive due process and equal protection requirements of the 14th Amendment be DISMISSED pursuant to 28 U.S.C. § 1915A for failure to state a claim upon which relief can be gran ted. The Magistrate Judge also RECOMMENDS that Plaintiff Christian Separatist Church Society of Ohio's claims under RLUIPA be DISMISSED for lack of standing under the statute. The Magistrate Judge RECOMMENDS that Plaintiff Damron's claim s against Defendants under 42 U.S.C. § 1983 for violations of RLUIPA and the First Amendment be DISMISSED as barred by the doctrine of res judicata. The Magistrate Judge FURTHER RECOMMENDS that Plaintiffs' claims under 42 U.S.C. § 1983 for violations of 42 U.S.C. § 2000cc-1 and the First Amendment continue against Defendants Mohr, Davis, and Wilson in their individual capacities. Objections to R&R due by 10/19/2015. Signed by Magistrate Judge Elizabeth Preston Deavers on 10/1/2015. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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