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Chesser v. Rivas

United States District Court, S.D. Illinois

April 3, 2018

ZACHARY CHESSER, Plaintiff,
v.
HENRY RIVAS, JEFFREY WALTON, WENDY ROAL, STEVEN CARDONA, PAUL KELLY, MILTON NEUMANN, ROBERT ROLOFF, MCCLEARY, WINN, LESLIE SMITH, APRIL CRUITT, T. CAPALDO, STEPHEN COLT and J. SIMMONS, Defendants.

          JUDGMENT

          J. PHIL GILBERT DISTRICT JUDGE.

         This matter having come before the Court, the issues having been heard, plaintiff Zachary Chesser having voluntarily dismissed some claims, and the Court having rendered a decision as to others, IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered as follows:

• in favor of defendants Roal, Rivas, Cardona, Roloff, Neumann and Walton on Count 2, a First Amendment Free Exercise Clause claim based on the restriction on teaching/learning Arabic;
• in favor of defendants Roal, Rivas, Cardona, Roloff, Neumann and Walton on Count 5, a Fifth Amendment Due Process Clause equal protection claim based on the restriction on teaching/learning Arabic;
• in favor of defendants Roal, Rivas, Cardona, Roloff, Neumann and Walton on Count 6, a First Amendment Free Exercise Clause claim based on the restriction on wearing short pants;
• in favor of defendants Roal and Walton on Count 21, an access to the courts claim based on denial or censorship of discovery materials; and
• in favor of defendants Roal, Rivas, Roloff, Neumann and Walton on Count 23, a Fifth Amendment Due Process Clause equal protection claim based on the restriction on short pants;

          IT IS FURTHER ORDERED AND ADJUDGED that the following claim is dismissed with prejudice:

         • Count 20, a First Amendment claim for conspiracy against defendants Roal, Rivas, Neumann, Smith, Cruitt, Capaldo, Colt and Simmons based on interference with mail and email;

         IT IS FURTHER ORDERED AND ADJUDGED that the following claims are dismissed without prejudice:

• Count 1, a claim against defendants Roal, Rivas, Cardona, Roloff, Neumann and Walton under the Religious Freedom Restoration Act based on the restriction on teaching/learning Arabic;
• Counts 3 and 4 were withdrawn by Chesser by omission from the First Amended Complaint (Doc. 70);
• Count 7, a claim against defendants Walton and McCleary under the Religious Freedom Restoration Act for being served special meals on non-Islamic holidays;
• Count 8, a claim against defendants Walton and McCleary under the First Amendment Free Exercise Clause for being served ...

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