Schlemm, David v. Frank, Matthew et al
Transmission of Notice of Appeal, Docketing Statement, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 277 Notice of Appeal. (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Judgment, # 4 Order, # 5 Docket sheet) (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DAVID A. SCHLEMM,
AMENDED JUDGMENT IN A
This action came for consideration before the court with District Judge
William M. Conley presiding. The issues have been considered and a decision has
IT IS ORDERED AND ADJUDGED that judgment is entered:
In favor of plaintiff David A. Schlemm on his claim that defendant
Edward Wall violated his rights under RLUIPA by failing to
accommodate his requests for a multi-colored headband, and game meat
and fried bread at the annual Ghost Feast.
The court enters the following permanent injunction:
Plaintiff shall be allowed to possess one headband identified as
the "Four Directions" headband in the colors of red, yellow, black
and white (contained in Dkt. #69, Trial Ex. 536), for use in his
cell and at congregate Native American religious services and
study groups. The headband may be replaced from time to time.
Plaintiff's use of the headband must, however, abide by all other
applicable institution policies and procedures. Should plaintiff be
found to be using his headband in a manner that violates
institution policies or procedures, he may be required to
relinquish the headband and dispose of it according to DAI
Policy 309.20.03. He must also dispose of the previous turquoise
headband he possesses.
Defendant shall allow an approved Native American spiritual
advisor or other approved volunteer to bring traditional foods for
• the annual Native American Ghost Feast at Green Bay
Correctional Institution in sufficient quantity such that plaintiff
and every other attending inmate is able to partake of a
meaningful amount of traditional foods. The specific amount
shall be left up to the discretion of the spiritual advisor or
volunteer. The traditional foods should include the spirit foods
identified on the current Religious Property Chart, as well as fried
bread, if available, which need not be shelf-stable.
If there is no spiritual advisor or volunteer available who can
provide the traditional foods for the annual Ghost Feast in
sufficient quantity, plaintiff and other interested inmates may
order their own meal consistent with the new Religious Diets
This case is dismissed.
Approved as to form
day of November, 2016.
Pete ppeneer Cle o Court
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