Fields et al v. Speaker of the Pennsylvania House of Representatives et al

Filing 110

ORDER (Memorandum 109 filed previously as separate docket entry) re: MSJs 77 & 80 - It is hereby ORDERED that: 1. Pltfs' MSJ 77 is GRANTED in part & DENIED in part, as follows: 1. Summary jdgmt GRANTED in pltfs' favor on thei r Establishment Clause challenges to the guest chaplain policy & pre-2017 opening invocation practices of the PA House of Representatives., b. Summary jdgmt DENIED as to pltfs' Establishment Clause claim re: the current House opening invocation practices.; 2. Defts' MSJ 80 is GRANTED in part & DENIED in part as follows: a. Summary jdgmt GRANTED in defts' favor on pltfs' Establishment Clause claim re: the current House invocation practices., b. Summary jdgmt for defts DENIED in all other respects.; 3. It is ORDERED & DECLARED that House's guest chaplain policy & pre-2017 opening invocation practices are unconstitutional in violation of Establishment Clause of 1st Amendment to US Constitution & continuance & enforce ment thereof permanently ENJOINED.; 4. Clrk of Ct shall enter declaratory jdgmt in pltfs' favor on the Establishment Clause claims, brought pursuant to 42 USC 1983, challenging House's guest chaplain policy & pre-2017 opening invocation pra ctices. Clrk of Ct shall enter jdgmt on defts' favor on pltfs' Establishment Clause claim challenging the current House opening invocation practices.; 5. Clrk of Ct shall thereafter close this case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/29/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRIAN FIELDS, et al.,

:
:
Plaintiffs
:
:
v.
:
:
SPEAKER OF THE PENNSYLVANIA :
HOUSE OF REPRESENTATIVES,
:
et al.,
:
:
Defendants
:

CIVIL ACTION NO. 1:16-CV-1764
(Chief Judge Conner)

ORDER
AND NOW, this 29th day of August, 2018, upon consideration of the
parties’ cross-motions (Docs. 77, 80) for summary judgment pursuant to Federal
Rule of Civil Procedure 56, and for the reasons set forth in the accompanying
memorandum, it is hereby ORDERED that:
1.

Plaintiffs’ motion (Doc. 77) for summary judgment is GRANTED in
part and DENIED in part, as follows:
a.

b.

2.

Summary judgment is GRANTED in plaintiffs’ favor on their
Establishment Clause challenges to the guest chaplain policy
and pre-2017 opening invocation practices of the Pennsylvania
House of Representatives.
Summary judgment is DENIED as to plaintiffs’ Establishment
Clause claim regarding the current House opening invocation
practices.

Defendants’ motion (Doc. 80) for summary judgment is GRANTED in
part and DENIED in part as follows:
a.

Summary judgment is GRANTED in defendants’ favor on
plaintiffs’ Establishment Clause claim regarding the current
House opening invocation practices.

b.

Summary judgment for defendants is DENIED in all other
respects.

3.

It is ORDERED and DECLARED that the House’s guest chaplain
policy and pre-2017 opening invocation practices are unconstitutional
in violation of the Establishment Clause of the First Amendment to the
United States Constitution, and continuance and enforcement thereof
is permanently ENJOINED.

4.

The Clerk of Court shall enter declaratory judgment in plaintiffs’
favor on the Establishment Clause claims, brought pursuant to 42
U.S.C. § 1983, challenging the House’s guest chaplain policy and pre2017 opening invocation practices. The Clerk of Court shall enter
judgment in defendants’ favor on plaintiffs’ Establishment Clause
claim challenging the current House opening invocation practices.

5.

The Clerk of Court shall thereafter close this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania