FINGAL JOHNSON v BILL MARTIN et al - Legal Case Documents


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FINGAL JOHNSON v BILL MARTIN et al

Keywords & Phrases

CaseNo: FJVBMEA165496, CourtName: MISC 2, Plaintiff: FINGAL JOHNSON, State: MI Michigan, UniqueCaseRef: LCD>FJVBMEA165496, Melanics, Rluipa, Clause, Congress, Power, Commerce, Exercise, Stg, Mdoc, United States, Prisoners, Amendment, Designation, Becket Fund, Spending Clause, Enforcement Clause, Michigan, Martin, Security, Proper Exercise, Threat Group, Class Members, Islamic Palace, Rising Sun, Times Relevant, Prior, Religious Liberty, Motion, Bill Martin, Corrections, Government, Religious Materials, Constitutionality, Partial Summary Judgment, Amicus Curiae, Establishment Clause, Substantial Burdens, Complaint , ContentID: 120252697

Case Documents

AMICUS BRIEF
[ see first page and extracted highlights below ] ItemID: 127779

21 pages
PDF

AMENDED COMPLAINT
[ see first page and extracted highlights below ] ItemID: 127778

27 pages
PDF

Total Documents: 2 documents , 48 pages

Price: $ 24.95

IVESLCD01 KGI0001

1 . AMICUS BRIEF

EXTRACTED KEY WORDS

CLAUSE
CONGRESS
POWER
COMMERCE
EXERCISE
COURT
DEFENDANTS
AMENDMENT
BECKET FUND
SPENDING CLAUSE
ENFORCEMENT CLAUSE
LAW
UNITED STATES
PROPER EXERCISE
RELIGIOUS LIBERTY
MOTION
GOVERNMENT
CONSTITUTIONALITY
PLAINTIFFS
PARTIAL SUMMARY JUDGMENT
AMICUS CURIAE
ESTABLISHMENT CLAUSE
SUBSTANTIAL BURDENS
FIRST AMENDMENT
LEGISLATION
EXEMPTIONS
ACCOMMODATION
INTERSTATE COMMERCE
BILL MARTIN

                            UNITED STATES DISTRICT COURT
                     FOR THE WESTERN DISTRICT OF MICHIGAN
                                      SOUTHERN DIVISION
____________________________________

FINGAL JOHNSON,

  Plaintiff,

 v.
                     Case
                                                               No.
                                                                 2:00-cv-075

BILL MARTIN, et al.,     Hon.
                                                               Richard
                                                                    A.
                                                                       Enslen

  Defendants.
____________________________________

MICHAEL JENKINS, et al.,

  Plaintiffs,

 v.
                     Case
                                                               No.
                                                                 1:01-cv-515

BILL MARTIN, et al.,     Hon.
                                                               Robert
                                                                   H.
                                                                       Bell

  Defendants.
____________________________________


                                    BRIEF AMICUS CURIAE OF
                     THE BECKET FUND FOR RELIGIOUS LIBERTY
                         IN OPPOSITION TO DEFENDANTS' MOTION
                           FOR PARTIAL SUMMARY JUDGMENT


Kevin J. Hasson, Esq.
Roman P. Storzer, Esq.
Anthony R. Picarello, Jr., Esq.

SNIPPETS:

UNITED STATES DISTRICT COURT

BILL MARTIN, et al., Hon.

Defendants.

THE BECKET FUND FOR RELIGIOUS LIBERTY

Enforcement Clause of the Fourteenth Amendment

RLUIPA Section 3 Is a Proper Exercise of Congress' Power Under the

Commerce Clause of Article I

Spending Clause of Article I

primary counsel and as amicus curiae.

We currently represent Plaintiffs in five RLUIPA actions in federal district

The Becket Fund believes that its experience in this area of the law will enable it to aid

the Court in clarifying the complex issues of the Act's constitutionality,

Court in its resolution of the pending Motion for Partial Summary Judgment.

Defendants first argue that RLUIPA Section 3 violates the Establishment Clause of the

sinister than a `legislatively mandated accommodation of the exercise of religion.'");

("RFRA's lifting of `substantial burdens' on

the exercise of religion does not amount to the Government coercing religious activity through

Just as a society that believes in the negative protection accorded to the press by the First

Exemptions, 21 C.F.R. § 1307.31, the government conveys no endorsement of peyote

Defendants argue that the Enforcement Clause of the Fourteenth Amendment is "one

prisons whose connection to interstate commerce is not "attenuated," but "visible to the

2 . AMENDED COMPLAINT

EXTRACTED KEY WORDS

MELANICS
PLAINTIFFS
DEFENDANTS
STG
MDOC
PRISONERS
DESIGNATION
UNITED STATES
MICHIGAN
MARTIN
SECURITY
THREAT GROUP
CLASS MEMBERS
ISLAMIC PALACE
RISING SUN
TIMES RELEVANT
PRIOR
CORRECTIONS
RELIGIOUS MATERIALS
COMPLAINT
NAMED PLAINTIFFS
PROPOSED CLASS
UNITED STATES DISTRICT
VERNON PRESSLEY
BILL MARTIN
RECEIVING
CONFISCATING
NON-PROFIT MICHIGAN CORPORATION
ROBERT MULVANEY

                      UNITED STATES DISTRICT COURT
                 IN THE WESTERN DISTRICT OF MICHIGAN
                            SOUTHERN DIVISION



FINGAL JOHNSON; 178669, MICHAEL
JENKINS, President, Melanic
Islamic Palace of the Rising
Sun; VERNON PRESSLEY, 125218;
LACEY FONDREN, 132038; MORRIS
MARTIN, 137601; MELANIC
ISLAMIC PALACE OF THE RISING
SUN, a non-profit Michigan
Corporation; on behalf of all
other similarly situated
prisoners,


       Plaintiffs,


-v-                                            Case No. 2:00cv-75
                                               Hon. Richard A. Enslen
BILL MARTIN, Director, Michigan
Department of Corrections (MDOC);
ROBERT MULVANEY, MDOC Security
Threat Group (STG) Coordinator;
DAN BOLDEN, Deputy Director of
MDOC; sued in their official and
individual capacities,


       Defendants.
                        /


                              FIRST AMENDED
                      COMPLAINT FOR FOR DECLARATORY
                        AND INJUNCTIVE RELIEF AND
                FOR DAMAGES FOR NAMED PLAINTIFFS ONLY


                                 Parties


1.     Plaintiff FINGAL JOHNSON, 178669 at all times relevant was a

SNIPPETS:

IN THE WESTERN DISTRICT OF MICHIGAN

LACEY FONDREN, 132038; MORRIS MARTIN, 137601; MELANIC ISLAMIC PALACE OF THE RISING

SUN, a non-profit Michigan Corporation; on behalf of all other similarly situated prisoners,

BILL MARTIN, Director, Michigan

Department of Corrections (MDOC); ROBERT MULVANEY, MDOC Security Threat Group (STG)

COMPLAINT FOR FOR DECLARATORY

FOR DAMAGES FOR NAMED PLAINTIFFS ONLY

prisoner and was one of the members of the Melanic Islamic

Rising Sun.

Plaintiff VERNON PRESSLEY, MDOC No. 125218, at all times

Prior to receiving a "Security Threat