United States District Court, S.D. Illinois
REPORT AND RECOMMENDATIONS
A. BEATTY, UNITED STATES MAGISTRATE JUDGE
matter has been referred to United States Magistrate Judge
Mark A. Beatty by United States District Judge Nancy J.
Rosenstengel pursuant to 28 U.S.C. § 636(b)(1)(B),
Federal Rule of Civil Procedure 72(b), and SDIL-LR 72.1(a)
for a Report and Recommendation on the motion to dismiss
(Doc. 162). It is recommended that the District Court adopt
the following findings of fact and conclusions of law, and
the motion to dismiss (Doc. 162) be DENIED.
11, 2018, Plaintiff filed his third amended complaint, naming
Jeffrey Dennison, Michael Williams, and Samuel Sterrett as
Defendants in their individual and official capacities (Doc.
129). Plaintiff's third amended complaint contains four
counts: (1) First Amendment claim for denial of religious
services against Defendants Dennison, Williams, and Sterrett;
(2) claim for injunctive relief under the Religious Lands and
Institutionalized Persons Act against Defendants Dennison and
Sterrett; (3) First Amendment claim for non-conforming kosher
diet against Defendants Dennison, Williams, and Sterrett;
and, (4) supervisory claim against Defendant Dennison
October 25, 2018, Plaintiff voluntarily dismissed counts 2
and 4 of his third amended complaint (Doc. 145). After
Plaintiff's voluntary dismissal, only two claims remain
in this action: (1) First Amendment claim for denial of
religious services against Defendants Dennison, Williams, and
Sterrett; and, (3) First Amendment claim for non-conforming
kosher diet against Defendants Dennison, Williams, and
Sterrett now moves to dismiss the claims against him in
counts 1 and 3 of Plaintiff's third amended complaint
because he contends Plaintiff has failed to plead facts
sufficient to show Defendant Sterrett was personally involved
in any of the alleged constitutional deprivations (Doc. 162).
third amended complaint, Plaintiff alleges the following
relevant facts related to counts 1 and 3:
8. Upon information and belief, Defendant Samuel Sterrett
(“Defendant Sterrett”) is the current Chaplain at
Shawnee and is responsible for conducting and supervising
religious activities within the correctional facility. He is
sued in his official and individual capacities; 23. Upon
information and belief, Williams informed Bankston that
services for NGE adherents would begin on April 5, 2015 and
instructed him to notify his fellow adherents of the
25. On May 16, 2015, Bankston filed his first grievance
against Williams for neglecting to schedule services for NGE
26. At an unspecified date in early June of 2015, Bankston
met with Williams again and was informed that services would
be held on June 20, 2015. However, NGE services were neither
scheduled nor held.
31. Upon information and belief, no services for NGE
adherents have been held at Shawnee to date.
32. The actions of then-Chaplain Williams and Defendants
Stettert [sic] and Dennison have precluded Bankston from
freely exercising his religion.
36. Upon information and belief, the new kosher meal trays do
not conform to Bankston's ...