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Dupree v. Laster

May 11, 2006

CEDRIC DUPREE, PLAINTIFF,
v.
EARLY LASTER, DAVID KAPPLER, KAREN BARBER, PHILLIP BIGGERSTAFF, DONALD SNYDER, JR., RICHARD HAMMONDS, HEATHER GROTE, RICK SUTTON, DON SANFORD, KAREN JETHROE, CHRISTOPHER WALTZ, ELDON KENNEL, STEPHEN D.MOTE, GUY PIERCE, AND ROGER E. WALKER, JR., DEFENDANTS.



The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is the Motion to Quash Plaintiff's Subpoenas in Part, filed by Respondent, Randall Stauffer, Legal Counsel for the Illinois Department of Corrections. (Doc. 77). Plaintiff has filed a response. (Doc. 79).

Plaintiff, an inmate in the custody of IDOC, has filed suit alleging violation of his First Amendment right to free exercise of his religion and of the Religious Land Use and Institutionalized Persons Act (RLUIPA). In his Amended Complaint (Doc. 85), he alleges that during his incarceration at various IDOC facilities, certain defendants issued disciplinary reports regarding Plaintiff having a bible on his person in the dietary unit; certain defendants directed him not to use the words "God" or "Jesus" during substance abuse counseling sessions; certain defendants told him he could not sing, preach or speak to other inmates about his religious beliefs; and, lastly, plaintiff alleges that certain defendants banned him from religious services and denied him access to prison chaplains.

Plaintiff has served subpoenas on the IDOC and on Illinois River Correctional Center, Robinson Correctional Center, Southwestern Correctional Center, Big Muddy Correctional Center, Menard Correctional Center, Pinckneyville Correctional Center, Pontiac Correctional Center and Lawrence Correctional Center, seeking production of various documents. Among other items, plaintiff seeks the following:

a) Any and all documents, polices, rules or regulations issued or used from 1990 until the present regarding chapel and religious activities or related functions or the conduct of inmates who attend these functions,

b) Any and all documents, polices, rules or regulations issued or used from 1990 until the present regarding drug and alcohol counseling and the conduct of inmates who attend these functions.

c) Any and all policies, rules or regulations that address religious speech in said facilities from 1990 until present, and

d) Any and all documents in the facilities' possession related to inmate Cedric Dupree (#N63566).

In addition, plaintiff served a subpoena on the IDOC to produce all records regarding Dupree, including the following:

a) Master file,

b) Medical records,

c) Grievances and complaints,

d) Disciplinary ...


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