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HENRY WILLIAMS v ROBERT S BITNER et al Click to find out why . . .



Keywords & Phrases
CaseNo: HWVRSBEA190939, CourtName: MISC 2, Plaintiff: HENRY WILLIAMS, State: PA Pennsylvania, UniqueCaseRef: LCD>HWVRSBEA190939, Exercise, Accommodation, Clause, Religion, Cir, Rluipa, Religious Practice, Secular Purpose, Religious Liberty, Institutions, Amicus, Free Exercise, Becket Fund, Government, Establishment Clause, Religious Exemptions, Hearing Examiner, United States, Rockview, Pork, Supreme Court, Misconduct, Sci, Staff, Prc, Legislature, Legislation, Inmate, Religious Freedom, Relevant Times, Muslim, Protection, Regulations, Ration Pork, Principal Effect, Aclu-nj, Schundler, Kiryas Joel, Westside Community , ContentID: 120252706

Case Documents
1   AMICUS BRIEF
[ see first page and extracted highlights below  ] ItemID: 127793
17 pages
PDF
2   AMENDED COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 127792
11 pages
PDF
Total Documents: 2 documents , 28 pages
Price: $ 24.95


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1 . AMICUS BRIEF

EXTRACTED KEY WORDS
EXERCISE
ACCOMMODATION
CLAUSE
RELIGION
CIR
RLUIPA
RELIGIOUS PRACTICE
SECULAR PURPOSE
RELIGIOUS LIBERTY
INSTITUTIONS
AMICUS
FREE EXERCISE
BECKET FUND
GOVERNMENT
DEFENDANTS
ESTABLISHMENT CLAUSE
RELIGIOUS EXEMPTIONS
UNITED STATES
SUPREME COURT
LEGISLATURE
LEGISLATION
RELIGIOUS FREEDOM
PROTECTION
REGULATIONS
PRINCIPAL EFFECT
ACLU-NJ
SCHUNDLER
KIRYAS JOEL
WESTSIDE COMMUNITY
                   IN THE UNITED STATES DISTRICT COURT
              FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

HENRY WILLIAMS,                        :
 :
 Plaintiff,                            :
                                       :

                                                     Civil
                                                          No.
                                                                 1:CV-01-2271
 v.
                                       :
                                       :
                                              Judge
                                                           Rambo
ROBERT S. BITNER, et al.,              :
                                       :
  Defendants.                          :

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

                                             Roman P. Storzer (petition for
                                                  admission pro hac vice pending)
                                             Anthony
                                                       R.
                                                          Picarello,
                                                                    Jr.
                                             Derek
                                                     L.
                                                        Gaubatz
                                             THE BECKET FUND FOR RELIGIOUS
                                                     LIBERTY
                                             1350
                                                    Connecticut
                                                                 Ave.,
                                                                      N.W.
                                             Suite
                                                    605
                                             Washington,
                                                           D.C.

                                                                  20036
                                             Phone:
                                                      (202)
                                                            955-0095
                                             Fax:
SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • BRIEF AMICUS CURIAE OF THE
  • BECKET FUND FOR RELIGIOUS LIBERTY IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS
  • PRIVATE RELIGIOUS PRACTICE FOR WHICH THE
  • CLAUSE LEAVES "AMPLE ROOM."
  • RLUIPA=S ACCOMMODATION OF RELIGIOUS EXERCISE
  • RLUIPA Has a Secular Purpose.
  • RLUIPA'S Principal Effect Does Not Advance Religion.
  • 168 F.3d 92 (3d Cir.
  • of Kiryas Joel v. Grumet, 512 U.S. 687................................4 Board of Educ.
  • Of the Westside Community Schools v. Mergens,
  • Michael McConnell, The Origins and Historical Understanding of Free Exercise of Religion, 103
  • Fund has represented religious individuals and institutions in Alabama, California,
  • The Becket Fund believes that government accommodation of private
  • Oregon v. Smith, 494 U.S. 872, the Supreme Court cut back on the ability
  • religious freedom values by crafting religious exemptions to statutes.
  • legislative function is particularly important in the area of prison regulations,
  • Establishment Clause challenge Defendants have raised to escape application of
  • the special role of the legislature as accommodator and protector of individuals'
  • Just as a society that believes in the negative protection accorded to the press by the First
  • ACLU-NJ v. Schundler, 168 F.3d 92, 97 (3d Cir.

  • 2 . AMENDED COMPLAINT

    EXTRACTED KEY WORDS
    DEFENDANTS
    HEARING EXAMINER
    RELIGION
    ROCKVIEW
    PORK
    MISCONDUCT
    SCI
    STAFF
    PRC
    INMATE
    RELEVANT TIMES
    MUSLIM
    RATION PORK
    COURT
    PERMANENT INJUNCTION
    SUPERINTENDENT
    MEMBER
    COOK
    EMPLOYMENT RECORDS
    CONSTITUTION
    WHITMAN
    CFSI WYLAND
    QURAN
    REVIEW
    PROHIBITION
    CENTS
    CELL RESTRICTION
    GRIEVANCES
    CUSTODY LEVEL
    
                              IN THE UNITED STATES DISTRICT COURT
                          FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
    
    
    ____________________________________
    HENRY WILLIAMS,                                 :
                            Plaintiff,              :
                                                    :
            v.                                      :     C. A. No. 1:CV-01-2271
                                                    :
    ROBERT S. BITNER;                               :     (Judge Rambo)
    JAY STIDD;                                      :
    ROBERT W. MEYERS;                               :
    TERRY L. WHITMAN;                               :
    ROBIN L. KERSTETTER;                            :
    G.P. GAERTNER;                                  :
    FRANK TENNIS;                                   :
    GEORGE SNEDEKER;                                :
    GARY EMEL; and                                  :
    SCOTT WYLAND,                                   :
    in their individual and official capacities,    :
                            Defendants.             :
    ____________________________________:
    
    
                                          AMENDED COMPLAINT
    
    
                                               I.  Introduction
    
    
            An inmate at the State Correctional Institution at Rockview ["SCI - Rockview"] brings
    
    
    this action against two hearing examiners with the Pennsylvania Department of Corrections ["DOC"]
    
    
    and eight SCI - Rockview officials and staff members, in their individual and official capacities,
    
    
    seeking, imposing, or enforcing punishment over him after he refused orders to ration pork while on
    
    
    duty as a cook because of his religious beliefs as a Muslim.
    
    
           Plaintiff brings this action under both the Religious Land Use and Institutionalized Persons
    
    
    
    SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • An inmate at the State Correctional Institution at Rockview ["SCI - Rockview"] brings
  • seeking, imposing, or enforcing punishment over him after he refused orders to ration pork
  • Plaintiff brings this action under both the Religious Land Use and Institutionalized Persons
  • Fourteenth Amendment rights to the free exercise of his religion.
  • misconduct from his DOC disciplinary and employment records,
  • First and Fourteenth Amendment rights under the United States Constitution.
  • Defendant Robert Bitner is the chief hearing examiner for the DOC.
  • Defendant Robert W. Meyers is the superintendent at SCI - Rockview.
  • "PRC"] at all relevant times in question.
  • Defendant Robin L. Kerstetter was a unit manager and delegated substitute of Mr. Whitman
  • Defendant G.P. Gaertner was a member of the PRC at all relevant times in question.
  • The Holy Quran directs Muslim adherents not to consume swine.
  • prohibition of adherents from handling swine.
  • the Rockview staff assigned plaintiff to work as a cook in the kitchen.
  • he could work another assignment every other Saturday when staff scheduled pork for lunch.
  • Plaintiff worked his way up from a wage of 19 cents per hour to 38 cents per hour.
  • CFSI Wyland then gave plaintiff a direct order to ration the pork for lunch.
  • CFSS Emel fired plaintiff and directed CFSI Wyland to write up a misconduct report
  • The hearing examiner sanctioned plaintiff to serve thirty days cell restriction.
  • PRC review notice on behalf of Mr. Whitman.
  • On March 7 and 11, 2001, plaintiff filed grievances with the grievance coordinator.
  • The DOC scrutinizes inmate transfer petitions from Custody Level 3 inmates much more
  • Defendants were employed by the Commonwealth of Pennsylvania at all times relevant to
  • Permanent injunction directing defendants to cease religious harassment of plaintiff;
  •    |