Amaker et al v. Goord et al

Filing 245

ORDER granting in part and denying in part 181 Motion for Summary Judgment; granting in part and denying in part 215 Motion for Summary Judgment; adopting Report and Recommendation re 235 . Case is referred back to Magistrate Judge Schroeder for further proceedings. Signed by Hon. Richard J. Arcara on 6/23/2010. (JMB)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK

A N T H O N Y D. AMAKER, et al., Plaintiffs, v. ORDER 06-CV-490

COMMISSIONER GLENN S. GOORD, et al., D e fe n d a n ts .

T h is case was referred to Magistrate Judge H. Kenneth Schroeder, Jr. p u rs u a n t to 28 U.S.C. § 636(b)(1). On May 1, 2009, defendants filed a motion for s u m m a ry judgment. On September 4, 2009 plaintiffs filed a motion for summary ju d g m e n t. On March 25, 2010, Magistrate Judge Schroeder filed a Report and R e c o m m e n d a tio n , recommending that defendants' motion be granted in part and th a t plaintiffs' motion be granted in part. Defendants filed objections to the Report and Recommendation on April 8, 2 0 1 0 and plaintiffs filed a response thereto. P u rs u a n t to 28 U.S.C. § 636(b)(1), this Court must make a de novo d e te rm in a tio n of those portions of the Report and Recommendation to which o b je c tio n s have been made. Upon a de novo review of the Report and R e c o m m e n d a tio n , and after reviewing the submissions, the Court adopts the p ro p o s e d findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Schroeder's R e p o rt and Recommendation, defendants' motion for summary judgment is g ra n te d insofar as defendants seek to dismiss plaintiffs' claims for monetary d a m a g e s under RLUIPA and otherwise is denied; plaintiffs' motion for summary ju d g m e n t is granted insofar as plaintiffs seek permanent injunctive relief pursuant to RLUIPA and that defendants are permanently enjoined from punishing plaintiffs fo r refusing to cut their hair or refusing to change their religious affiliation and from p re c lu d in g plaintiffs' attendance at Nation of Islam services and classes because o f their dreadlocks; and plaintiffs' motion for summary judgment is granted with re s p e c t to plaintiffs' cause of action alleging a violation of their free exercise rights p u rs u a n t to the First Amendment of the United States Constitution. T h e case is referred back to Magistrate Judge Schroeder for further p r o c e e d in g s . SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: JUNE 23, 2010

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