Mayweathers

Mayweathers v. Terhune

Good Law
328 F. Supp. 2d 1086·2004 WL 1750545·2004 U.S. Dist. LEXIS 12706
United States District Court, Eastern District of CaliforniaJune 25, 2004CIV. S-96-1582LKKGGHCalifornia8,015 words

Opinion

Opinion

Karlton, J.

ORDER

This matter comes before the court on plaintiffs’ motion for summary judgment and for a permanent injunction. I decide the motion on the basis of the papers and pleadings filed herein and after oral argument.

I.

BACKGROUND

Plaintiffs are a class of Muslim state prisoners housed at California State Prison-Solano seeking relief under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc et seq., and under 42 U.S.C. § 1983 , for alleged violations of their First Amendment right to the free exercise of their religion, as well as their Fourteenth Amendment right to equal protection of the law.

Each of plaintiffs’ alleged violations has either been addressed by a settlement agreement between the parties or is subject to a preliminary injunction that has been continued by stipulation pending the ruling on the instant motion. The present motion seeks to make the stipulated in-junctive relief permanent.

This court has issued fifteen preliminary injunctions in this case since July 31, 2001, with defendants unsuccessfully appealing all but one. Following the Ninth Circuit’s decision to uphold RLUIPA and the Supreme Court’s denial of defendants’…

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