Goodvine v. Swiekatowski et al

Filing 41

ORDER granting 39 Motion for partial dismissal of claims. Defendant Lundquist dismissed. Signed by Chief Judge Barbara B. Crabb on 8/27/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------CHRISTOPHER GOODVINE, P la i n t i f f , v. ORDER 0 8 - cv -7 0 2 - b b c

W ILL IAM SWIEKATOWSKI, S A R A H COOPER, CHAPLAIN M. D O N O V A N , DENNIS MOSHER, W A R D EN POLLARD, PETER ERICKSEN, M IC H A E L MOHR, TOM GOZINSKE, R IC K RAEMISCH, JOHN BETT, D A N WESTFIELD, MATTHEW FRANK, T IM O T H Y LUNDQUIST and DEPARTMENT OF C O R R E C T IO N S , D efendan ts. --------------------------------------------T his case is proceeding on plaintiff Christopher Goodvine's claims that defendants violated his rights under the Constitution and the Religious Land Use and Institutionalized Person s Act by refusing to do the following from 2007 to the present: · allow him to keep a number of sacred Muslim texts in his cell because he has exceed ed the limits on publications for prisoners like him housed in segregation;

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pro vide him with a Qur'an even though they provide Bibles to Christian prisoners; allo w him to order his own Qur'an; pro vide him with a halal diet; accom m od ate a religious fast by giving him sandwiches at night even though they accom m od ate fasts of Christian prisoners;

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determ ine the proper direction for Muslims to pray even though they assist Christian prisoners in following their religious obligations, such as by researching liturgical h o li d a y s . N ow plaintiff moves to voluntarily dismiss with prejudice his claims that the

defendants failed to provide him with a halal diet; failed to accommodate a religious fast by giving him sandwiches at night even though they accommodate fasts of Christian prisoners; an d failed to determine the proper direction for Muslims to pray even though they assist Christian prisoners in following their religious obligations, such as by researching liturgical ho lidays. He seeks to focus his efforts on prosecuting his claims that defendants failed to allow him to keep a number of sacred Muslim texts in his cell because he has exceeded the lim its on publications for prisoners housed in segregation; failed to provide him with a Q ur'an even though they provide Bibles to Christian prisoners; and failed to allow him to o rd er his own Qur'an. I will grant plaintiff's motion. In his motion, plaintiff says that the dismissal of these claims disposes of his claims 2

against defendants Timothy Lundquist and Dennis Mosher. This is true with respect to L un dq uist, but not Mosher. Plaintiff is proceeding against defendant Mosher on his claim regardin g the limitations on religious publications on the ground that Mosher is responsible for the policy that imposed such limitations. If plaintiff no longer wishes to pursue that claim against Mosher, he should file a separate motion stating his intent.

OR DER IT IS ORDERED that plaintiff's motion to voluntarily dismiss with prejudice his claim s that defendant failed to provide him with a halal diet; failed to accommodate a religi o u s fast by giving him sandwiches at night even though they accommodate fasts of C hristian prisoners; and failed to determine the proper direction for Muslims to pray even tho ugh they assist Christian prisoners in following their religious obligations, such as by researching liturgical holidays, dkt. #39, is GRANTED. D IS M IS S ED as to defendant Timothy Lundquist. E n tered this 27 t h day of August, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge Plaintiff's complaint is

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