ROWE v. FINNAN et al

Filing 131

ENTRY Discussing Cross Motions for Summary Judgment - For the reasons explained later in this Entry and in the interest of clarity, the Indiana Department of Correction is now substituted for the individual defendants named in their official ca pacities as to the RLUIPA claims. The only remaining remedies Rowe is entitled to seek in this action for the alleged RLUIPA violations are equitable in nature. If Rowe requests counsel to represent him at the bench trial of this action, the court will undertake efforts to attempt to recruit counsel to represent him for that purpose. Rowe shall have through March 20, 2014, to make such a request. Consistent with the foregoing, the plaintiff's motion for summary judgment [dkt. 128 ] is denied and the defendants' motion for summary judgment [dkt. 89 ] is granted in part and denied in part. No partial final judgment shall issue at this time as to the claims resolved in this Entry. ***SEE ORDER***. Signed by Judge Jane Magnus -Stinson on 3/3/2014. (Attachments: # 1 Exhibit A - Zero Tolerence STG Policy, # 2 Exhibit B - Offender Visitation Policy, # 3 Exhibit C - Segregation Correspondence Policy, # 4 Exhibit D - Item Censorship, # 5 Exhibit E - Religious Handbook, # 6 Exhibit F - Aryan Nations Standard)(JKS)

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POLICY ANDADMINISTRATIVE PROCEDURES Indiana Department of Correction Manual of Policies and Procedures Number Effective Date 02-01-102 8/1/2013 Page Total Pages 13 34 Title OFFENDER VISITATION C. EX-OFFENDERS Ex-offenders shall not be permitted to visit offenders in Department facilities without the prior written approval of the Facility Head of the facility housing the offender to be visited. Ex-offenders shall be approved or denied for visitation on a case-by-case basis. Permission for visits by ex-offenders, who are not under any type of community supervision (e.g., parole or probation), may be considered after the ex-offender has been discharged or released from parole or probation supervision for a period of one (1) year. Individuals who received county jail time, but have never received a court order for any type of community supervision, and who have not been incarcerated in a state or federal prison do not fall under the (1) year consideration, and can be approved or denied at the discretion of the Facility Head. Ex-offenders, including parolees, and probationers, may be considered for visits if special circumstances warrant such consideration. Special circumstances are visits that will aid in the incarcerated offender's re-entry programming. If still on probation / parole, the ex-offender shall obtain written authorization from his/her parole / probation officer prior to consideration by the Facility Head. The original signed approval from the parole or probation officer must be sent to the Facility Head where the ex-offender is requesting visitation. The Facility Head shall consider the safety and security of the individuals and the facility as well as the value of the visit to the offender when granting approval or denial of requests to visit by ex-offenders. Approvals to visit shall be for one (1) visit only unless otherwise specified by the parole or probation officer and the Facility Head. Denials of requests to visit shall be noted in the OIS/JDS computer systems. In cases of denials, the parolee or probationer may submit a request again no earlier than one (1) year from the date of the last denial. If the request is approved and the offender is transferred to another facility, the approval shall continue to be in effect unless the Facility Head or designee of the new facility determines that there is a reason to require the ex-offender to submit a new request. The Facility Head may approve for regular visitation an ex-offender who has children under the age of 18 with a current offender, provided the relationship of the children to the offender is verifiable and the ex-offender visits the offender with the mutual children each time. The ex-offender shall be subject to the same application approval process as other ex-offenders in this section of this policy and administrative procedure. The children shall be subject to the application approval process as outlined in Section V of this policy and administrative procedure.

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