WILLIAMS v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE CORRECTIONAL INSTITUTIONS DIVISION, 3:11-CV-313. (2017)
Court: District Court, S.D. Texas
Number: infdco20170629907
Visitors: 5
Filed: May 31, 2017
Latest Update: May 31, 2017
Summary: ORDER DISMISSING THE REMAINING PLAINTIFFS' FEDERAL CLAIMS AND REMANDING THE REMAINING PLAINTIFFS' STATE-LAW CLAIMS GEORGE C. HANKS, Jr. , District Judge . This long-running litigation consists of sixteen consolidated cases in which prisoners have alleged that prison officials impermissibly interfered with a religious service. The cases were originally assigned to Judge Hoyt and were reassigned to the undersigned judge while they were on appeal to the Fifth Circuit (Dkt. 178 and Dkt. 193).
Summary: ORDER DISMISSING THE REMAINING PLAINTIFFS' FEDERAL CLAIMS AND REMANDING THE REMAINING PLAINTIFFS' STATE-LAW CLAIMS GEORGE C. HANKS, Jr. , District Judge . This long-running litigation consists of sixteen consolidated cases in which prisoners have alleged that prison officials impermissibly interfered with a religious service. The cases were originally assigned to Judge Hoyt and were reassigned to the undersigned judge while they were on appeal to the Fifth Circuit (Dkt. 178 and Dkt. 193). S..
More
ORDER DISMISSING THE REMAINING PLAINTIFFS' FEDERAL CLAIMS AND REMANDING THE REMAINING PLAINTIFFS' STATE-LAW CLAIMS
GEORGE C. HANKS, Jr., District Judge.
This long-running litigation consists of sixteen consolidated cases in which prisoners have alleged that prison officials impermissibly interfered with a religious service. The cases were originally assigned to Judge Hoyt and were reassigned to the undersigned judge while they were on appeal to the Fifth Circuit (Dkt. 178 and Dkt. 193). Still pending are claims brought under the federal Religious Land Use and Institutionalized Persons Act ("RLUIPA") and the Texas Religious Freedom Restoration Act ("TRFRA") by three plaintiffs: Julius Dawson;1 Antonio Shelvin;2 and Joseph Whitfield.3 The Texas Department of Criminal Justice — Correctional Institutions Division ("TDCJ") is the lone remaining defendant.
In an order entered on February 27, 2017 (Dkt. 203), the Court explained that it was inclined to grant TDCJ's request for dismissal of the plaintiffs' RLUIPA claims. The Court construed TDCJ's request as a motion for summary judgment and gave the plaintiffs 30 days to respond. There has been no response. For the reasons given in the Court's order of February 27, 2017 (Dkt. 203), the Court hereby ORDERS as follows:
1. All claims brought by Plaintiff Julius Dawson; Plaintiff Antonio Shelvin; and Plaintiff Joseph Whitfield against Defendant Texas Department of Criminal Justice — Correctional Institutions Division under RLUIPA are DISMISSED WITH PREJUDICE.
2. All claims brought by Plaintiff Julius Dawson; Plaintiff Antonio Shelvin; and Plaintiff Joseph Whitfield against Defendant Texas Department of Criminal Justice — Correctional Institutions Division under TRFRA are REMANDED to the 412th District Court of Brazoria County, Texas. The relevant state-court case numbers are: 636401 (Julius Dawson); 63631I (Antonio Shelvin); and 63641I (Joseph Whitfield).
3. This consolidated docket is now CLOSED.
The Clerk is directed to provide a copy of this order to the parties. The Clerk is further directed to mail a certified copy of this order to the District Clerk of Brazoria County, Texas and the Clerk of the 412th District Court of Brazoria County, Texas.
FootNotes
1. Case Number 3:11-CV-325.
2. Case Number 3:11-CV-347.
3. Case Number 3:11-CV-329.
Source: Leagle
