Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

04-729 - Presley v. Edwards et al (INMATE2)


Download Files

Metadata

Document in Context
04-729 - Presley v. Edwards et al (INMATE2)
September 15, 2006
PDF | More
ORDER denying 30 Motion for Appointment of Counsel . Signed by Judge Vanzetta P. McPherson on 9/15/06. (vma, )
December 4, 2006
PDF | More
Capel Jr. on 12/4/06. (vma, )REPORT AND RECOMMENDATIONS re 12, 41 MOTION for Summary Judgment filed by Willie Thomas,, George Edwards,, Willie Whiting,, Steven Smith,, Donal Campbell,, Ralph Kendrick, it is the Recommendation of the Mag Judge that: 1) The motion for summary judgment filed on behalf of Defendants Thomas, Campbell, Kendrick, Whiting, and Smith (Doc. Nos. 12, 41), be granted and the claims asserted against these Defendants be dismissed with prejudice; 2) The motion for summary judgment filed on behalf of Defendant Edwards with respect to Plaintiff's due process, property, equal protection, and conspiracy claims )Docs. Nos. 12, 41, be granted and these claims asserted against Defendant Edwards be dismissed with prejudice; 3) Defendants Thomas, Campbell, Kendrick, Whiting, and Smith be dismissed as parties to this cause of action; 4) Defendant Edwards' motion for summary judgment on Plaintiff's federal and state First Amendment claims (Docs. Nos. 12, 41 be denied; 5) Defendant Edwards' motion for summary judgment on Plaintiff's First Amendment and RLUIPA claims (Doc. Nos. 12, 41) are denied with respect to Plaintiff's claim for injunctive relief as it concerns his request for return of his Native American items listed on Exhibit A of Doc. No. 1 and that the motion for summary judgment be granted with respect to the remaining requests for injunctive and/or declaratory relief; 6) Defendant Edwards be qualifiedly immune to Plaintiff's demand for money damages on his RLUIPA claim; and 7) Consistent with the findings in this Recommendation, Plaintiff's claims that Defendant Edwards violated his First Amedment right to the free exercise of his religion and violated the Religious Land Use and Institutionalized Persons Act by denying him access to religious property central to his Native American religion at the time of his transfer to Draber be set for a jury trial; Objections to R&R due by 12/21/2006. Signed by Judge Wallace
January 19, 2007
PDF | More
are denied with respect to Defenants Edwards' entitlement to qualified immunity for plantiff's first amendment claim for monetary damages, and granted with respect to dft Edwards' entitlement to qualified immunity for plantiff's RLUIPA claim for monetary damages; 6) Plaintiff's due process, property, equal protection,a nd conspiracy claims againt Dft Edwards are dismissed with prejudice; 7) Plaintiff's first Amendment and RLUIPA claims for monetary damages against dft Edwards in his official capacity are dismissed with prejudice; 8) Plaintiff's RLUIPA claim for monetary damages against dft Edwards in his individual capacity is dismissed with prejudice; and 9) The following claims shall proceed to trial a) Plaintiff's claim that dft Edwards violated his state and federal First Amendment rights to the free exercise of his religion, b) Plaintiff's claim that dft Edwards violated the RLUIPA by denying him access to religious property central to his Native American relition at the time of his transfer to DCF; c) Plaintiff's claim for injunctive relief pertaining to his request for return of his Native American items listed on Exhibit A of Doc. no. 1, and d) Plaintiff's First AmenORDER, JUDGMENT and DECREE of the court that: 1) The objection filed by the plaintiff on 1/18/06 (doc. 48 is overruled; 2) ADOPTING 47 Report and Recommendations; 3) The motions Summary Judgment filed on behalf of Defendants Thomas, Campbell, Kendrick, Whiting and Smith (Docs. 12 & 41 are granted; 4) Plaintiff's claims against Defendants Thomas, Campbell, Kendrick,Whiting and Smith, including any Religious Land Use and Institutionalized Persons Act ("RLUIPA") clams, are dismissed with prejudice and said dfts are dismissed as parties to this case; 5) The MOTIONs for Summary Judgment filed on behalf of Dft Edwards ( docs 12, 41) are denied in part and granted in part; The motions are denied with respect to plantiff's federal first amendment claim state first amendment claim, and RLUIPA claim, and granted in with respect to plaintiff's due process, property, equal protection, and conspiracy claims. Further, the motions are denied with respect to plaintiff's claim for injunctive relief pertaining to his request for return of his Native American items listed on Exhibit A of Doc. No. 1, and granted with respect to the remaining request for injunctive and/declaratory relief; Finally, the motionsdment claim for monetary damages against dft Edwards in his individual capacity. Signed by Judge William Keith Watkins on 1/19/07. (Attachments: # (1) appeals checklist)(vma, ) Modified on 1/19/2007 - to make corrections to text(vma, ).
February 13, 2007
PDF | More
ORDER denying 55 Motion for Appointment of Counsel . Signed by Judge Wallace Capel Jr. on 2/13/07. (vma, )
February 20, 2008
PDF | More
MEMORANDUM OPINION AND ORDER, denying 119 First MOTION for Summary Judgment filed by George Edwards. Signed by Judge William Keith Watkins on 2/20/08. (Attachments: # (1) appeals checklist)(vma, )