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Rogers v. United States

March 10, 2010

ANTWON ROGERS, ET AL., PLAINTIFFS,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Sean J. McLaughlin United States District Judge

MEMORANDUM ORDER

This civil rights action was received by the Clerk of Court on May 15, 2008, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 57], filed on February 9, 2010, recommended that Defendants' motion to dismiss or, alternatively, for summary judgment [Doc. No. 52] be granted in part and denied in part. Specifically, the Magistrate Judge recommended that the motion be:

1. granted as to the Bivens and RFRA/RLUIPA claims of all Plaintiffs regarding prayer oils due to their failure to exhaust in accord with the PLRA;

2. granted as to all the Bivens and RFRA/RLUIPA claims relating to the Eid meal in January of 2006 by Plaintiff Campbell as he has failed to exhaust in accord with the PLRA;

3. granted as to the RLUIPA claims of all Plaintiffs;

4. granted as to the RFRA claims of all Plaintiffs;

5. denied as to the respondeat superior argument as to Defendants Sherman and Robare;

6. denied as to the First Amendment free exercise claim;*fn1

7. denied as to the Fifth Amendment equal protection claim;

8. granted as to the substantive due process claim under the Fifth Amendment;

9. granted as to the procedural due process claim under the Fifth Amendment;

10. denied as to the qualified immunity defense of all individual Defendants;

11. granted as to the dismissal of the FTCA claims against the ...


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