Case 1:10-cv-02160-WWC-PT Document 1 Filed 10/20/2010 Page 1 of 23

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ISADORE GARTRELL, Plaintiff,
v. FEDERAL BUREAU OF PRISONS;
HOWARD HUFFORD, individually and in his official capacity as warden of Federal Correctional Institution – Schuylkill;
JORGE CASTANEDA, individually and in his official capacity as associate warden (programs) of Federal Correctional Institution – Schuylkill;
MR. KRULESKI, individually and in his official capacity as associate warden (industries and education) of Federal Correctional Institution – Schuylkill;
MR. BRANDT, individually and in his official capacity as manager of UNICOR at Federal Correctional Institution – Schuylkill;
T. R. SNIEZEK, individually and in his official capacity as former warden of Federal Correctional Institution –

Document Filed Electronically Civil Action No.
COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF, MONETARY DAMAGES AND ATTORNEYS’ FEES; DEMAND FOR A JURY TRIAL

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Schuylkill; and O.E. BROWN, in his official capacity as chaplain of Federal Correctional Institution – Schuylkill,
Defendants.
COMPLAINT Comes now Plaintiff Isadore Gartrell, by and through his attorneys, and for his Complaint states as follows:
NATURE OF ACTION 1. Isadore Gartrell is a sincere adherent of the religion of Islam who is confined to the Federal Correctional Institution in Minersville, Pennsylvania (“FCI Schuylkill” or “prison”). One of the fundamental and central tenets of the Sunni Islamic faith requires followers to pray five times daily. 2. A FCI Schuylkill policy—which designates only the chapel and individual cells as permissible spaces for Muslim prayer and forces all Muslims who need to pray during work hours to submit a request to leave work for one hour each day to return to their cells to pray (the “Muslim Prayer Policy”)—precludes Mr. Gartrell from praying while he is at work or recreation. The Muslim Prayer Policy violates the Religious Freedom Restoration Act because it places a substantial burden on Mr. Gartrell’s free exercise of religion and does not further a compelling governmental interest.
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3. The Muslim Prayer Policy applies exclusively to Muslim inmates, and there are no similar policies in place for other religious groups, such as Christians. Another FCI Schuylkill policy limits religious activity for all religious groups to specific designated locations—individual cells, the outdoor worship area, and the chapel (the “General Prayer Policy”). In spite of this General Prayer Policy, Defendants permit similarly situated religious groups to routinely pray in locations outside of the areas designated for religious activity, while penalizing Muslims for praying outside of their cells or the chapel. By treating Mr. Gartrell differently from similarly situated religious groups, while acting under color of federal law, the Defendants have denied Mr. Gartrell equal protection of the laws, a right guaranteed by the Fifth Amendment of the United States Constitution.
4. Mr. Gartrell seeks injunctive and declaratory relief requesting that Defendants permit him to pray at work and recreation. He also seeks nominal damages for the violation of his constitutionally-protected right to equal protection under the law.
JURISDICTION AND VENUE 5. This Court has jurisdiction over this action under the laws of the United States pursuant to 28 U.S.C. §§ 1331, 1343(a)(4) and 1346(a)(2), which confer original jurisdiction on the United States District Courts. This Court has
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jurisdiction over the request for declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202. This Court has jurisdiction over the request for monetary damages, as well. See, e.g., Davis v. Passman, 442 U.S. 228 (1979); Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).
6. Venue is proper in this District pursuant to 28 U.S.C. § 1391. Plaintiff Isadore Gartrell and Defendants are located in this District. The events giving rise to this action occurred in this District.
PARTIES 7. Plaintiff ISADORE GARTRELL is, and at all times pertinent was, an adult person confined at FCI Schuylkill. He is a sincere follower of the Sunni Islamic faith. 8. Defendant FEDERAL BUREAU OF PRISONS (“BOP”) is an agency of the United States Department of Justice (“DOJ”), an executive department of the United States government. The BOP is empowered by the DOJ to act through its governing body, officials, employees, and official bodies and to maintain the federal prison system. 9. Defendant HOWARD HUFFORD is the warden of FCI Schuylkill in Minersville, Pennsylvania. As the warden, Defendant manages the day-to-day operations of FCI Schuylkill and executes its policies. He is sued in both his individual and official capacities.
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10. Defendant JORGE CASTANEDA is the associate warden of programs at FCI Schuylkill. As an associate warden, Defendant manages the dayto-day operations of FCI Schuylkill and executes its policies. He is specifically responsible for all activities related to religious services. He is sued in both his individual and official capacities.
11. Defendant MR. KRULESKI is the associate warden of industries and education at FCI Schuylkill. As an associate warden, Defendant manages the day-to-day operations of FCI Schuylkill and executes its policies. He is specifically responsible for all activities related to UNICOR and often supervises the work at UNICOR. He is sued in both his individual and official capacities.
12. Defendant MR. BRANDT is the factory manager of the UNICOR facility at FCI Schuylkill and Mr. Gartrell’s supervisor. He is sued in both his individual and official capacities.
13. Defendant T. R. SNIEZEK is the former warden of FCI Schuylkill. He was the warden of FCI Schuylkill until approximately April or May of 2010. He is sued in both his individual and official capacities.
14. Defendant O.E. BROWN is the chaplain at FCI Schuylkill. He is responsible for religious practices and policies at FCI Schuylkill. He is sued in his official capacity only.
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STATEMENT OF FACTS Plaintiff Isadore Gartrell’s Need to Pray Five Times Each Day Is a Sincere
Religious Belief 15. Plaintiff Isadore Gartrell (Register #03473-000) is an adult male within the custody of FCI Schuylkill in Minersville, Pennsylvania. 16. Mr. Gartrell converted to Islam in 1990. He is a practicing Sunni Muslim and a sincere adherent of Sunni Islam. As part of his religious practice, Mr. Gartrell is required to pray five times each day. 17. Following a central tenet of Islamic tradition, Mr. Gartrell believes that the Qur’an commands followers of Islam to pray five times each day during specific periods of time. Mr. Gartrell adheres to the description of prayer, or salat, in various hadith (reports by the Prophet Muhammad’s companions of his statements and actions) as the second pillar of Islam. As such, prayer is one of only five fundamental tenets of Islam. According to the Qur’an, the purposes of salat are to purify the supplicant by washing away sins and to restrain the supplicant from engaging in immoral or unjust actions. As a practicing Muslim, Mr. Gartrell understands that salat, which means “connection,” encourages the believer to remember Allah, or God, as the source of all blessings. 18. The Sunnah, a compilation of Islamic traditions and practices taught by the Prophet Muhammad, prescribes the rules for engaging in salat, which include performing daily prayers at specific times throughout the day. The
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schedule for salat changes throughout the year, as the periods for prayer are connected to the movement of the sun.
19. The fact that the schedule of daily prayers overlaps with periods when an individual may be working, eating or sleeping underscores the role of prayer as an intentional reminder that Allah is present in everyday activities.
20. Mr. Gartrell can complete one of the five daily sets of prayers within six minutes.
Plaintiff Isadore Gartrell is Employed by UNICOR 21. Mr. Gartrell is employed by UNICOR as a Quality Assurance Inspector of steel and fiberglass office cubicles. Mr. Gartrell has worked at UNICOR since 1991, and he earns a gross monthly income of approximately $200. Mr. Gartrell’s income is important to him because he is working to repay a $1,200 loan, the principal of which he used to pay tuition to Asworth University to enroll in business management courses. 22. As a UNICOR employee, Mr. Gartrell has had unique educational opportunities. During his confinement, Mr. Gartrell has earned a degree in business management and completed a Department of Labor eighteenmonth apprenticeship program in which he received training to become a Quality Assurance Inspector. He was invited to join the apprenticeship program because of his employment at UNICOR. Mr. Gartrell graduated from his apprenticeship
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program with honors. In addition to Mr. Gartrell’s formal education, UNICOR has also taught him several technical skills.
23. Mr. Gartrell values his employment with UNICOR not only as a source of income, but also because of the nonmonetary benefits, which include the opportunity to develop his social and interpersonal skills and enhance his sense of responsibility and self-sufficiency. Mr. Gartrell would be deprived of important tangible and intangible benefits if he could not work at UNICOR.
24. Mr. Gartrell typically works five days a week for seven and one half hours each day. During each work day, Mr. Gartrell and other UNICOR employees are allotted a forty-five minute lunch break. During the lunch break, the employees move to the dining hall, but they remain at the UNICOR facilities for the remainder of the work day.
FCI Schuylkill’s Policies Prevent Plaintiff from Praying Five Times a Day 25. Prior to Defendant Mr. Sniezek becoming warden, FCI
Schuylkill allowed Muslims to pray in any location, including at UNICOR. This policy changed when Defendant Mr. Sniezek instituted the General Prayer Policy limiting the locations for religious activity, including prayer, to only three places: the chapel, the outdoor worship area and individual cells. Under the General Prayer Policy, Mr. Gartrell could not pray at work or during recreation because he was not located in one of the designated areas for worship.
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26. Staff members at FCI Schuylkill enforced the General Prayer Policy against Mr. Gartrell and other Muslims. For example, Mr. Gartrell’s UNICOR supervisors, including Defendants Messrs. Brandt and Kruleski, denied Mr. Gartrell’s requests to pray during his breaks, citing the General Prayer Policy as the reason for the denial. On one occasion, Mr. Brandt informed Mr. Gartrell that he would have to find employment elsewhere if he wanted to pray at work.
27. Other Muslims were disciplined for violating the General Prayer Policy regarding the designation of spaces for religious activities. For example, on May 2, 2009, Mr. McBride (Register #42022-007), a Muslim man confined at FCI Schuylkill, was locked down in solitary confinement in the Special Housing Unit for praying outside of the designated areas for religious activity. Another Muslim, Mr. Bukhanan, was punished simply for requesting a BP-8 form for filing a grievance against the prison’s policy that prevents him from praying at work. He was strip searched and forced to pose for a series of photographs during the process.
28. After Defendant Mr. Sniezek left FCI Schuylkill in April or May of 2010, he was replaced by Defendant Mr. Hufford. After his arrival, Defendant Mr. Hufford continued to enforce the General Prayer Policy restricting the areas in which inmates can pray.
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29. On July 26, 2010, in an effort to remedy Mr. Gartrell’s grievances, Mr. Gartrell’s counsel sent a letter to Defendant Mr. Hufford, copying all of the other Defendants and counsel, demanding that Defendant Mr. Hufford permit Mr. Gartrell to pray at work and recreation (the “July 26, 2010 letter”). The letter also informed Defendant Mr. Hufford that, unlike members of other religious groups who pray at work and recreation, Mr. Gartrell was denied the same right to pray at work and recreation. Mr. Gartrell’s counsel attached a copy of a draft complaint to the letter, and offered Defendant Mr. Hufford the opportunity to discuss Mr. Gartrell’s grievances. Defendant Mr. Hufford did not respond to the July 26, 2010 letter.
30. Some time after July 26, 2010, Defendant Mr. Hufford initiated a meeting with a few Muslim inmates and Mr. Gartrell in which he stated that he wanted to change the prison’s policy regarding prayer. Defendant Mr. Hufford did not notify Mr. Gartrell’s counsel that such a meeting would take place. Subsequent to the meeting, and without informing Mr. Gartrell’s counsel, Defendant Mr. Kruleski demanded that Mr. Gartrell provide a list of all of the Muslims who work at UNICOR.
31. Defendant Mr. Hufford did not hold any similar meetings with, or require a similar list identifying the Christian workers from, the Christians who are allowed to pray at UNICOR, recreation and the dining hall.
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32. Later, Defendant Mr. Hufford asked several Muslim inmates to submit proposals for the new prayer policy. However, he did not afford Mr. Gartrell the opportunity to submit a proposal, and he did not notify Mr. Gartrell’s counsel that he was seeking proposals.
33. On September 8, 2010, Mr. Gartrell’s counsel sent a second letter to Defendant Mr. Hufford, copying the other Defendants and counsel (the “September 8, 2010 letter”). In this letter, Mr. Gartrell’s counsel requested a telephonic or in-person meeting with Defendant Mr. Hufford to discuss his meeting with Mr. Gartrell and the other inmates and potential changes to FCI Schuylkill’s policy regarding religious activity. Mr. Gartrell’s counsel also informed Defendant Mr. Hufford that Mr. Gartrell does not endorse, or approve of, the policy proposals submitted by other Muslims because they do not address Mr. Gartrell’s demands. Again, Defendant Mr. Hufford did not respond to the September 8, 2010 letter.
34. On September 10, 2010, Mr. Gartrell’s counsel received a phone call from an attorney at FCI Allenwood stating that Defendant Mr. Hufford intended to release a new policy governing Muslim prayer. Mr. Gartrell’s counsel requested either a meeting with Defendant Mr. Hufford in advance of the implementation of the new policy or the opportunity to review and comment on a
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draft of the policy. Again, Defendant Mr. Hufford did not respond to counsel’s requests.
35. During that same September 10, 2010 call, counsel for FCI Allenwood acknowledged that the Defendants are aware that Christians are allowed to pray in locations outside of those places designated for religious activity.
36. On September 16, 2010, Mr. Gartrell’s counsel sent a third letter to Defendant Mr. Hufford, copying all of the other Defendants and counsel, proposing language for a new policy governing religious activity at FCI Schuylkill (the “September 16, 2010 letter”). Again, Defendant Mr. Hufford did not respond to the September 16, 2010 letter.
FCI Schuylkill’s Muslim Prayer Policy Is an Unduly and Highly Restrictive Means To Address Plaintiff’s Need To Pray Five Times a Day 37. On September 24, 2010, Defendant Mr. Hufford issued a
memorandum instituting the Muslim Prayer Policy, which further restricts and violates the religious rights of Muslim inmates. Defendant Mr. Hufford instituted this policy as a retaliatory and punitive measure against Mr. Gartrell for hiring counsel and asserting his legal rights against Defendants. The Muslim Prayer Policy completely ignores Mr. Gartrell’s proposal set forth in the September 16,
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2010 letter. Additionally, the Muslim Prayer Policy applies exclusively to Muslims—it does not address prayer by Christians or other religious groups.
38. The Muslim Prayer Policy explicitly states that all Muslim inmate prayers must be conducted in individual cells or the chapel. Under the General Prayer Policy, the designated locations for religious activity included three spaces: individual cells, the chapel and the outdoor worship area. Thus, the Muslim Prayer Policy reduces the number of locations where Muslims may pray from three to two spaces: individual cells and the chapel. Because the Muslim Prayer Policy applies exclusively to Muslims, under the General Prayer Policy, members of all other religions can continue to use the three designated spaces for prayer.
39. The Muslim Prayer Policy also institutes a new procedure for the Muslim noon prayer that uses the FCI Schuylkill controlled (or open) movement procedure, which governs the movement of the men confined at FCI Schuylkill throughout the day. Controlled movements occur every hour, beginning on the half hour, and last for ten minutes. Men can move from one area to another only during these hourly ten-minute periods. Once an individual arrives at a location, following a controlled movement period, he must remain there for at least one hour until the next controlled movement. To request to move from one
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location to another during a controlled movement, an individual must submit an Inmate Request to Staff asking to be placed on callout (a “cop-out”).
40. Pursuant to the Muslim Prayer Policy, a Muslim can submit a one-time cop-out to religious services by requesting to be placed on the daily callout to return to his cell from 12:30 p.m. to 1:30 p.m. in order to pray.
41. The Muslim Prayer Policy places a substantial burden on Mr. Gartrell’s free exercise of religion. The periods for Islam’s earliest and latest prayers each day occur while Mr. Gartrell is already confined to his cell. Generally, from Monday to Friday, the other three periods for prayer occur while Mr. Gartrell is away from his cell, and on some days, two of the prayer times occur while he is at work.
42. The Muslim Prayer Policy does not account for the other prayer times when Mr. Gartrell is away from his cell. If Mr. Gartrell were to utilize the controlled movement procedure to return to his cell for his daily prayers, he would miss between one and two hours of work each day, and he would be unable to work the number of hours expected by his employer. Likewise, on days when Mr. Gartrell is not working at UNICOR, in order to adhere to FCI Schuylkill policies and still pray, he would have to give up two or three hours of recreation, a valuable and generally available benefit enjoyed by the men confined at FCI Schuylkill.
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43. The Muslim Prayer Policy does not represent the least restrictive means of accommodating Mr. Gartrell’s free exercise of religion, because it requires Mr. Gartrell to leave work for a full hour, when one set of his five daily prayers only takes six minutes to complete. If Mr. Gartrell utilized the cop-out method, he would lose one hour of wages each day, or approximately twenty dollars of income each month.
44. The Muslim Prayer Policy states that a violation of the cop-out procedure (by being in an unauthorized area during the daily callout) may result in disciplinary action. This amounts to penalizing an individual for engaging in religious activity according to his personal religious beliefs.
45. FCI Schuylkill’s policies and procedures relating to prayer require Mr. Gartrell to choose between (a) following the precepts of Islam by passing five hours each day in his cell or the chapel and forgoing the generally available benefits offered by work, school and recreation; and (b) giving up salat in order to work, attend recreation or school, study or eat. Thus, it is impossible for Mr. Gartrell to both adhere to the FCI Schuylkill policies and exercise his religious beliefs by praying.
46. But for the prison’s current policies regarding prayer, Mr. Gartrell could pray during his breaks at work. The length and timing of his breaks could easily accommodate any prayer times that occur during the work day.
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47. At other federal correctional institutions within the BOP, inmates do not need to move to designated areas in order to engage in prayer; rather, they are permitted to pray wherever they are, including the recreation grounds and work. Before his arrival at FCI Schuylkill in April 2008, Mr. Gartrell was confined to the United States Penitentiary in Jonesville, Virginia (“USP Lee”). At USP Lee, Mr. Gartrell prayed freely during his breaks at the UNICOR worksite. In fact, at USP Lee, Mr. Gartrell could pray wherever and whenever he wanted.
48. Other federal correctional institutions that do not limit religious activity to designated locations include the Federal Correctional Institution in White Deer, Pennsylvania (“FCI Allenwood”), the Federal Correctional Institution in Petersburg, Virginia (“FCI Petersburg”), the Federal Correctional Institution in El Reno, Oklahoma (“FCI El Reno”), the United States Penitentiary in Lewisburg, Pennsylvania (“USP Lewisburg”), the United States Penitentiary in Atlanta, Georgia (“USP Atlanta”), the United States Penitentiary in Bruceton Mills, West Virginia (“USP Hazelton”), and the United States Penitentiary in McCreary, Kentucky (“USP McCreary”).
While Acting Under Color of Federal Law, Defendants Treat Mr. Gartrell Differently from Similarly Situated Religious Groups 49. Several of Mr. Gartrell’s co-workers at UNICOR are
Christians. Like Mr. Gartrell, prayer is one way that these Christians practice their religion.
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50. At the UNICOR facility at FCI Schuylkill, a group of approximately seven Christians read from religious texts, hold hands, bow their heads, and recite prayers together at a table each morning and again after the lunch break. Christians also routinely engage in group prayer sessions in the dining hall before eating and in other locations throughout the prison, including the recreation grounds. Their prayers are conducted in open, conspicuous locations and are witnessed by members of the prison staff, including Defendants Messrs. Hufford, Castaneda, Kruleski and Brandt.
51. When Christians pray at UNICOR, they do so in the presence of UNICOR supervisors, including Defendants Messrs. Brandt and Kruleski. When Christians pray in the dining hall they do so within sight of prison staff, including Defendants Messrs. Castaneda, Kruleski, and Hufford.
52. Defendant Mr. Hufford tours the facility almost daily and manages the operations of the prison. He witnesses the daily activities of the inmates, including the Christians engaging in prayer. Defendant Mr. Sniezek also toured the facilities almost daily and witnessed the Christians engaging in prayer.
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53. Defendants Messrs. Castaneda and Kruleski are aware of the activities of the men under their supervision because their management of the day-to-day operations of FCI Schuylkill includes visiting various areas of the prison.
54. The July 26, 2010 letter notified all of the Defendants that Mr. Gartrell was being treated differently from the similarly situated Christians at FCI Schuylkill.
55. While Defendants are aware that Christians routinely engage in prayer at work and recreation, they continue to deny Mr. Gartrell the same opportunities to pray.
56. Defendants’ enforcement of the Muslim Prayer Policy further exacerbates the unequal treatment between similarly situated Christians and Mr. Gartrell because it singles out Muslims and subjects them to a highly restrictive policy that is not applicable to other religions. This policy forces Muslims who need to pray to leave work and return to their cells for a full hour. The Muslim Prayer Policy is silent with regard to Christian prayer. Thus, Christians who wish to pray are not subject to the same burden as Muslims who wish to pray. Instead, Christians continue to pray at work, recreation and in the dining hall without any fear or risk of being subjected to discipline.
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57. Despite knowing that the Christians regularly engage in prayer in violation of prison policy, Defendants Messrs. Hufford, Castaneda, Kruleski, Sniezek and Brandt have deliberately chosen not to enforce the General Prayer Policy against the Christians, even as they enforce it against Mr. Gartrell and other Muslims. While Christians already receive preferential treatment through such uneven enforcement, the Muslim Prayer Policy places additional burdens on Muslims’ free exercise of religion and makes explicit the unequal treatment of Muslim inmates at FCI Schuylkill.
Legal Violations Count One
Violation of the Religious Freedom Restoration Act “Substantial Burden on Religious Exercise” (42 U.S.C. §§ 2000bb et seq.)
58. Paragraphs 1 through 57 are incorporated by reference as if set forth fully herein.
59. Defendants have deprived, and continue to deprive, Mr. Gartrell of his right to the free exercise of religion, as secured by the Religious Freedom Restoration Act (“RFRA”), by unlawfully imposing a substantial burden on his religious exercise.
60. Defendants’ policies regarding religious activities and controlled movement require Mr. Gartrell to abandon his religious obligations
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because the policies force Mr. Gartrell to choose between working, and receiving the significant and valuable benefits associated therewith, and adhering to his sincere religious beliefs.
61. The prison’s policies impose a substantial burden on Mr. Gartrell’s religious exercise, and the policies do not further a compelling governmental interest. Furthermore, even if the policies did further a compelling governmental interest, they do not represent the least restrictive means to further such interest.
Count Two Violation of the Equal Protection Guarantee of the Fifth Amendment of the United States Constitution 62. Paragraphs 1 through 57 are incorporated by reference as if set forth fully herein. 63. Defendants Messrs. Hufford, Castaneda, Kruleski, Sniezek, and Brandt have deprived, and the current officials continue to deprive, Mr. Gartrell of his right to equal protection of the laws, as guaranteed by the Fifth Amendment of the United States Constitution, by treating Mr. Gartrell differently from similarly situated religious groups, such as his Christian co-workers at UNICOR. 64. Under color of federal law, Defendants Messrs. Hufford, Castaneda, Kruleski, Sniezek, and Brandt have discriminated against Mr. Gartrell
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on the basis of his religion by precluding him from praying at work and requiring him to return to his cell to pray, while allowing his Christian co-workers to pray at work.
65. Defendants’ purposeful discrimination against Mr. Gartrell as a Muslim, while treating the Christians differently, is not rationally related to a legitimate government interest.
REQUEST FOR RELIEF WHEREFORE, Plaintiff Isadore Gartrell respectfully requests that this Court grant the following relief: (a) A declaration that Defendants’ failure to accommodate Plaintiff’s need to pray five times daily, as required by his sincere religious beliefs, violates RFRA. (b) A declaration that Defendants Messrs. Hufford, Castaneda, Kruleski, Sniezek, and Brandt have denied Plaintiff’s right to equal protection of laws, in violation of the Fifth Amendment of the United States Constitution. (c) A preliminary and permanent injunction requiring Defendants to accommodate Plaintiff’s need to pray five times each day. (d) A preliminary and permanent injunction enjoining Defendants Messrs. Hufford, Castaneda, Kruleski, and Brandt from treating Plaintiff differently than similarly situated religious groups. (e) An award to Plaintiff of nominal damages and full costs and attorneys’ fees
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arising out of this litigation; and (f) Such other relief as this Court may deem just and appropriate.
DEMAND FOR JURY Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff Isadore Gartrell hereby demands a trial by jury in this action of all issues so triable.
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Dated: October 20, 2010

Respectfully submitted, Su Ming Yeh PENNSYLVANIA INSTITUTIONAL LAW PROJECT

By:_s/Su Ming Yeh_____________ Su Ming Yeh (PA ID No. 95111) 718 Arch Street Suite 304 South Philadelphia, PA 19106 Telephone: (215) 925-2966 Facsimile: (215) 925-5337
sm yeh@pailp.org Attorney for Plaintiff Isadore Gartrell

 
 Case 1:10-cv-02160-WWC Document 39 Filed 10/12/11 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ISADORE GARTRELL, Plaintiff
v.
FEDERAL BUREAU OF PRISONS, et al.,
Defendants

: : : : CIVIL NO. 1:10-CV-2160 : : : :

O R D E R
The background of this order is as follows: The instant case is a Bivens action,1 in which Plaintiff claims that Defendants violated the Religious Freedom Restoration Act (“RFRA”) and the Equal Protection Clause. Plaintiff’s complaint concerns a prison policy that designates specific areas of the prison as permissible places for prayer and prohibits prayer in other locations. As a Muslim, Plaintiff’s religious beliefs require him to pray five times daily. Plaintiff alleges that, because the policy prohibits him from praying while he is at work or recreation, it creates a substantial burden on his free exercise of religion, without furthering a compelling governmental interest. Plaintiff also contends that Defendants permit similarly situated non-Muslims to pray in locations other than the designated areas, and thereby, they deny him equal protection of the laws.

1 Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971).

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Presently before the court is Defendants’ motion (Doc. 17) to dismiss, or in
the alternative, for summary judgment. Defendants’ arguments are as follows:
(1) Plaintiff’s claims against the prison’s new “Muslim Prayer Policy” must be dismissed for failure to exhaust administrative remedies,2 (2) claims against Defendants in their
official capacities must be dismissed on the basis of sovereign immunity, (3) all claims
against Defendants should be dismissed because Defendants lacked personal
involvement, and (4) Defendants are entitled to summary judgment on the merits of
Plaintiff’s claims. The court will address these arguments in turn.
2 In 2009, through the administrative remedy process, Plaintiff requested permission to pray at his work site and on recreation grounds. In response, the prison chaplain issued a memorandum noting that prayer was permitted only in the Religious Services area or in an inmate’s assigned cell. Plaintiff was also advised that, if he needed to go to one of those areas in order to complete a prayer, he could submit a written request to his work supervisor, and arrangements would be made to accommodate his request.
In July or August of 2010, Plaintiff’s counsel sent a letter requesting that Plaintiff be permitted to pray at his work site and in the recreation area. On September 24, 2010, the warden issued a memorandum setting forth the policy to which the parties refer as the “Muslim Prayer Policy.” The memorandum provided that any inmate who wanted to participate in the midday prayer could request to be returned to his assigned cell during the 12:30 p.m. to 1:30 p.m. open movement, in order to conduct the prayer. Regardless of where the inmate was supposed to be located during that time, the inmate could be returned to his cell at 12:30 p.m., and returned back to his assigned location at 1:30 p.m. (Later, on March 21, 2011, the warden changed the movement times to 1:30 p.m. to 2:30 p.m., presumably because prayer times vary, depending on the time of year.)
Defendants admit that Plaintiff exhausted his administrative remedies with respect to any claims against the original policy that limited prayer to specified areas, but they argue that he did not exhaust any claims concerning the “Muslim Prayer Policy” instituted on September 24, 2010.
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Defendants’ argument concerning exhaustion invites the court to draw a fine line between claims that Plaintiff exhausted and the claims that Defendants allege he failed to exhaust. Specifically, Defendants concede that Plaintiff exhausted the claim that the prison policy burdens his religious practices, the claim that Defendants permitted inmates of other religions to pray in locations other than the designated areas, and the claim that Defendants penalized Muslim inmates for doing so. However, Defendants contend that Plaintiff failed to exhaust his claims concerning the “Muslim Prayer Policy” of September 24, 2010—in particular, that this policy burdens his religious practices, and that Muslims were penalized pursuant to this policy.
We are not persuaded that, in the instant case, Plaintiff raises separate challenges against the original policy and the Muslim Prayer Policy, which he must exhaust separately. Nor are we convinced that the claims Plaintiff raises here must be distinct from the issues raised in his grievance, simply because the Muslim Prayer Policy was implemented in the interim. In his grievance, Plaintiff requested permission to pray at his work site and on recreation grounds, conduct prohibited by both policies. We see no basis to conclude that requiring Plaintiff to re-raise the same request, after the Muslim Prayer Policy took effect, would afford Defendants a more fair opportunity to consider the relevant issues. To the contrary, we conclude that Defendants have already had a fair opportunity to do so. We will therefore reject their exhaustion argument and turn to the issue of sovereign immunity.
3

Case 1:10-cv-02160-WWC Document 39 Filed 10/12/11 Page 4 of 5
Sovereign immunity generally protects the government—and, by extension, government officials in their official capacities—from suit, unless the government has explicitly waived sovereign immunity. Defendants aver that “[t]he United States has not waived sovereign immunity in a Bivens suit for monetary damages.” (Doc. 19 at 18). However, Plaintiff’s opposition brief indicates that “Plaintiff has voluntarily dismissed his claims for monetary relief” and argues that “[t]he United States has . . . waived sovereign immunity for claims that seek non-monetary remedies, such as injunctive or declaratory relief, against federal officials.” (Doc. 23 at 7). Hence, we will reject Defendants’ argument concerning sovereign immunity.
Turning to Defendants’ argument that they lacked personal involvement, we conclude that Plaintiff’s Complaint (Doc. 1) sets forth sufficient allegations of personal involvement to survive a motion to dismiss.3 (See Doc. 1 ¶¶ 50-55, 57). Defendants’ argument that they were merely enforcing prison policy is unavailing, because Plaintiff’s allegations suggest that Defendants knew about the conditions about which Plaintiff complained, (see id.), and—at least in some cases—such knowledge and acquiescence can support a finding of personal involvement. See Atkinson v. Taylor, 316 F.3d 257, 270-71 (3d Cir. 2003). Therefore, we will not grant defendants’ motion on this basis.
3 If we assume, arguendo, that Defendants seek summary judgment, rather than dismissal, for lack of personal involvement, we would deny summary judgment. Plaintiff’s evidence creates a genuine issue of material fact as to Defendants’ personal involvement. If credited, Plaintiff’s evidence could lead a reasonable factfinder to conclude that Defendants were personally involved in the alleged statutory and constitutional violations. (See, e.g., Doc. 23-3 ¶¶ 9, 13-14, 22-23).
4

Case 1:10-cv-02160-WWC Document 39 Filed 10/12/11 Page 5 of 5
Finally, we will address Defendants’ contention that they are entitled to summary judgment on the merits of Plaintiff’s claims. Plaintiff has raised a claim under the RFRA, as well as an equal protection claim. We will address each in turn.
We are not persuaded that summary judgment should be granted in Defendants’ favor on Plaintiff’s RFRA claim. The record contains sufficient evidence to lead a reasonable finder of fact to conclude that Defendants substantially burdened Plaintiff’s exercise of his religion. Furthermore, Defendants have failed to bring to the court’s attention any evidence that they considered and rejected other options, before arriving at the conclusion that the Muslim Prayer Policy is the least restrictive means to protect the compelling government interest in prison security and order. Thus, Defendants are not entitled to summary judgment.
Nor are we convinced that summary judgment is warranted on Plaintiff’s equal protection claim. Plaintiff’s evidence is sufficient to create a genuine issue of material fact as to whether Plaintiff and other Muslim inmates were treated differently from similarly situated inmates with other religious beliefs. (See, e.g., Doc. 23-3 ¶¶ 2223). Summary judgment must therefore be denied.
ACCORDINGLY, this 12th day of October, 2011, upon consideration of Defendants’ motion (Doc. 17) to dismiss, or in the alternative, for summary judgment, it is ORDERED that said motion is DENIED.
/s/ William W. Caldwell William W. Caldwell United States District Judge
5

 
 AGREEMENT FOR COMPROMISE, SETTLEMENT AND RELEASE OF RELIGIOUS FREEDOM RESTORATION ACT AND EQUAL PROTECTION CLAIMS
It is hereby agreed by and between Plaintiff, ISADORE GARTRELL, and Defendant, Federal Bureau of Prisons in Gartrell v. Federal Bureau of Prisons, et al., filed in the Middle District of Pennsylvania, Docket No. I: IO-cv-02160, by and through their respective attorneys, as follows:
1. Plaintiff, Isadore Gartrell, is an inmate at the Federal Correctional Institution - Schuylkill ("FCI Schuylkill") and has been employed in the UNICOR factory at FCI Schuylkill since July 2008.
2. On or about October 20, 2010, Plaintiff filed a complaint in the Middle District of Pennsylvania, setting forth claims under the Religious Freedom Restoration Act and the United States Constitution, concerning, inter alia, his ability to pray at UNICOR and recreation.
3. On or about October 9, 2012, Defendant rescinded its Institutional Supplement 5360.09E, Religious Beliefs and Practices, and instituted Institutional Supplement 5360.09F, Religious Beliefs and Practices, attached hereto as Exhibit A. As set forth in paragraph 25 of this Supplement, this policy allowed inmates at FCI Schuylkill, including Plaintiff, to pray at work and recreation.
I

4. On or about April 2, 2013, Defendant rescinded its Institutional Supplement 5360.09F, Religious Beliefs and Practices, and instituted Institutional Supplement 5360.09G, Religious Beliefs and Practices, attached hereto as Exhibit B. As set forth in paragraph 25 of this Supplement, this revised policy continues to allow inmates at FCI Schuylkill, including Plaintiff, to pray at work and recreation.
5. As a result of Defendant's policy-which permits Plaintiff to pray at work and recreation at the times required by Islam with adequate floor covering (e.g., allowing inmates assigned to Unicor to use cardboard from the recycle bins located within Unicor to fulfill their religious obligations during the work day). See Amended Unicor Rules attached hereto as Exhibit C and Exhibit B, the "New Policy") and Defendant's agreement to train all staff in the New Policy-Plaintiff agrees to settle and discontinue any and all pending claims he has against Defendants, including his claims brought pursuant to the Religious Freedom Restoration Act and the United States Constitution. Should Defendants rescind or materially modify their New Policy, Plaintiff reserves the right to renew its claims against Defendant, Federal Bureau of Prisons, its agents, servants and employees, including, but not limited to, an action to enforce the Settlement Agreement.
6. Defendant agrees to pay the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) to Latham & Watkins LLP, which sum shall be in full satisfaction of any and all claims, demands and rights to attorney's
2

fees, costs and expenses WLC and Latham & Watkins LLP (collectively, "Plaintiff's Counsel") may have as a result of its legal representation of the Plaintiff in the case of Gartrell v. Federal Bureau of Prisons, et al., filed in the Middle District of Pennsylvania, Docket No.1: 1O-cv-02160. Plaintiffs Counsel, its employees, representatives, agents and assigns, further agree to indemnify and hold harmless Defendant, its agents, servants and employees from and against any and all claims, demands and rights to attorney's fees, costs and expenses that arise directly from the legal representation of the Plaintiff, Isadore Gartrell, in the case of Gartrell v. Federal Bureau of Prisons, et al., filed in the Middle District of Pennsylvania, Docket No.1:10-cv-02160.

Executed: S .. CJ- L5

'2013 By:~~ G. MICHAELTHIEL

Assistant U.S. Attorney PA 72926 U.S. Attorney's Office 228 Walnut Street, 2nd Floor P.O. Box 11754 Harrisburg, PA 17108 Phone: 717-221-4482

Executed: $'"-?- Lf .. / 3

'2013

Attorneyfor Defendants
By:1~~ LATHA&WATKINS LLP

3

555 Eleventh St., N.W. Suite 1000 Washington, D.C. 20004 Telephone: (202) 637-2200 Fax: (202) 637-2201

V \ Executed: (YJA

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Attorneys.for Plaint~'ff

*<:7{ By: '!',, ~" (\\

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WASHINGTON LA ERS'

COMMITTEE FOR CIVIL RIGHTS

AND URBAN AFFAIRS

11 Dupont Circle, NW, Suite 400 Washington, DC 20036 Telephone: (202) 319-1000 Fax: (202) 319-1010

Attorneys.for Plaint[ff

4

INSTITUTION SUPPLEMENT

U. S. Department of Justice Federal Bureau of Prisons

FCI Schuylkill, Pennsylvania

OPI: NUMBER:
DATE: SUBJECT:

Religious Services SCH 5360.09F October 9, 2012 Religious Beliefs and Practices

1. PURPOSE: To establish local procedures and guidelines governing the operations of the Religious Services Department at FCI Schuylkill.
2. DIRECTIVES REFERENCED: T5360.02, Ministry of BOP Chaplains, dated November 18, 2004; Program Statement 1350.02, Acceptance of Donations dated June 29, 1998; and Program Statement 5360.09, Religious Beliefs and Practices, dated December 31, 2004.
3. DIRECTIVE RESCINDED: Institution Supplement SCH 5360.09E, Religious Beliefs and Practices, dated March 5, 2012.
4. CORRECTIONAL STANDARDS AFFECTED: ACA 4th Edition Standards for Adult Correctional Institutions: 4-4454, 4-4455, 4-4456, 4-4457, 4-4458, 4-4459, 4-4460, 4-4461, 4-4462, 4-4463
5. RELIGIOUS PREFERENCES:
It is the responsibility of each inmate to make certain that his religious preference as stated in his SENTRY record is accurate and current.
6. ANNUAL CEREMONIAL MEALS:
Attendance at ceremonial meals is restricted to inmates listed in SENTRY as practicing the religion celebrating the ceremonial meal. An Inmate Request to Staff form requesting attendance at the meal must be submitted prior to the event in order to be eligible to participate. A reasonable due date for submission of the request will be posted in the chapel. Attendance will be limited to one meal per calendar year, per inmate.
No inmate "guests" from outside the religious community in question will be allowed to partake of the meal. Inmates attending ceremonial meals will show their commissary cards upon entry into the meal.
The Chaplain will coordinate the scheduling of all ceremonial meals with the Food Service Administrator. The menu for the meal will be developed 45 days before the date of the meal, and will be limited only to items on the Food Service master menu which are available at the time the meal is scheduled. Appropriated funds may be used to purchase a sampling of traditional/ritual foods. A sample size will be less than that of a full portion. No ceremonial meal will be rescheduled in the event that an inmate religious community refuses to participate.
7. RELIGIOUS FASTS:

SCH 5360.09F Page: 2
Religious fasts that are commonly recognized throughout the Bureau of Prisons will be arranged by the Religious Services department in cooperation with Food Service. Such fasts include but are not limited to Ramadan, and the Jewish fast of Yom Kippur.
Inmates desiring to participate in a religious fast will submit an Inmate Request to Staff form to Religious Services at least three weeks prior to the fast. Inmates who arrive at the institution while the fast is in progress may continue to participate if they were participating in the fast at the institution from which they arrived.
Participation in fasts will ordinarily be limited to inmates assigned to a corresponding religious preference as listed in SENTRY.
Participants will ordinarily break the fast after sundown and eat breakfast before sunrise. If normal times for main line conflict with sundown, arrangements will be made for participants to break the fast after mainline. If normal times for main line conflict with sunrise, participants will receive the breakfast for the next day in a suitable container at the evening meal. The breakfast shall be consumed before sunrise on the next day. No special foods shall be prepared for the fast. Inmates assigned to the Religious Diet Program will continue on the program during the fast.
The Religious Services department may remove inmates from the fast who are engaged in: eating during daylight hours, stealing food, or causing special food items to be prepared in the kitchen. The Religious Services department maintains the authority to remove inmates from fasts for purposes of preserving the religious integrity of the event.
No special provisions will be made for fasts undertaken by solitary individuals at irregular times.
8. RELIGIOUS DIET PROGRAM:
Inmates may be removed from the Religious Diet Program for any instance of eating, stealing, or unauthorized possession of any food item served on mainline or not religiously certified. Any staff witnesses of a violation of the program shall send a memorandum to Religious Services citing the inmate in question, register number, time and date of violation, food items consumed or possessed in violation of the program guidelines, and how they were obtained. Inmates may be removed from the program for periods ranging from thirty days to one year. The nature of the circumstances of the removal, and prior history of other Religious Diet Program removals, are factors in determining the length of time an inmate will be removed from the program.
Inmates may be reinstated following an interview with a chaplain. Application for the interview shall be made by an Inmate Request to Staff form stating the reason why the inmate desires reinstatement. A copy of the BPS700 form notifying the inmate of the decision will be kept in section 6 of the inmate’s central file.
Inmates who desire reinstatement but have no interview form on file shall also submit an Inmate Request to Staff form that provides the same information as requested in the above paragraph. The inmate will

SCH 5360.09F Page: 3
then re-interview at this institution.
9. INMATE ACQUISITIONS OF RELIGIOUS ARTICLES:
Inmates will normally acquire religious articles either through the Special Purchase Order process or through the commissary. For items not available through the commissary, inmates will complete a BP-A0331, Authorization to Receive a Package.
Those items that cannot be purchased through a catalog vendor may be mailed in from other sources with the approval of the Warden, the Associate Warden of Programs, and a Chaplain. One such item, the eagle feather for Native Americans, will require that the inmate have a Bureau of Indian Affairs number as well as permission from the Department of the Interior to possess it. The responsibility of providing this documentation shall lie with the inmate.
Another such item, the eleke beads for members of the Santeria faith group, may also be mailed in and issued to the requesting inmate after staff inspection. This is because the eleke often has to be personally assembled by a spiritual advisor.
10. SEARCHING RELIGIOUS ARTICLES:
No inmate may refuse a search of his person or his property for religious reasons.
Care should always be taken when religious articles are searched. Religious articles should be handled with reverence.
Native American Religious Property Issues: Searches
Native American traditional religious beliefs hold that sacred objects are reservoirs of spiritual power, which can be negated by careless or insensitive search procedures. When possible, searches of Native American religious material should be done with either a Chaplain or the inmate in question present. The Chaplain or the inmate will handle the items for visible inspection by staff performing searches.
11. DONATIONS TO THE CHAPEL:
All requests to donate items will be handled in accordance with the current Bureau of Prisons policy. Donations will ordinarily be limited to books and media. Proposed donations of religious articles, ecclesiastical appointments or other equipment will be reviewed by the Warden on a case-by-case basis. Unstrung beads, crafts, wine, prayer oils, herbs and other such consumable items are not acceptable as donations.
12. INCLEMENT WEATHER:
When inclement weather requires the compound to be closed, services in the Chapel will normally be canceled. The Chapel will remain closed until the compound opens. Canceled programs will ordinarily not be rescheduled. The Warden or designee will determine the appropriate level of chapel programming.

SCH 5360.09F Page: 4
13. OFF-SITE PASTORAL CARE:
Chaplains will when possible, visit hospitalized inmates or staff. Staff members who are home-bound by illness or infirmity may be visited with the approval of the Associate Warden of Programs.
14. EMERGENCY NOTIFICATIONS:
Upon staff notification and verification of the death or serious illness of an inmate’s family member, the Chaplain will be notified. If the Chaplain is off duty, the Unit Team or Operations Lieutenant will notify the inmate of the situation. The Emergency Notification Form (Attachment A) will be completed by the staff person receiving the information. The form will then be routed via LAN to Religious Services and all other departments as indicated on the form. The inmate will not be provided a copy of the form. Once notification has occurred, Psychology Services will also be notified.
In the event of the death of an inmate in the custody of this institution, Chaplaincy Staff will be notified as soon as possible to ensure proper treatment of the body occurs in case there are any specific religious body preparation or burial requirements. Normally, Chaplains will be involved in the next of kin notification regarding the death of an inmate. After normal duty hours the Unit Manager or an Acting Unit Manager will be called to obtain the next of kin information from the Central File (the ISDS system can also be used to obtain this information) for the deceased inmate, if the Chaplains do not have this information on file. The information will be provided to the Chaplains for them to call the next of kin. For additional information, refer to Institution Supplement SCH 6031.01A3, Serious Illness, Injury, Surgery and/or Death of an Inmate.
15. RELIGIOUS PROPERTY ISSUES:
Religious property shall be possessed in reasonable quantities and stored in a manner consistent with policies concerning security, sanitation or safety.
Inmates of all faith groups may wear religious medallions. The term “medallions” refers to authorized religious items intended to be worn around the neck. Such items include, but are not limited to, crosses, rosaries, medicine pouches, and similar items. All religious medallions shall be worn under a khaki shirt or the food service uniform.
Inmates of all faith groups may possess copies of their respective sacred scriptures and inspirational literature.
Hobby craft items will not be authorized for inmate possession as religious property. The Native American religion is the only religion known at this time to qualify for the above exception.
Religious head wear shall be worn in a way which lends credibility and respect for religion. Native American headbands shall be worn as headbands, not as head coverings. Head wear found to be inconsistent with the inmate’s religious preference as recorded in SENTRY is subject to confiscation.

SCH 5360.09F Page: 5
List of Authorized Religious Property According to SENTRY Religious Preferences
See Manual on Inmate Beliefs and Practices
16. THE SANTERIA SHRINE
Inmates whose religious preference in SENTRY is “Santeria” may have a shrine in their cells on top of their lockers. The shrine may consist of a picture of an orisha, commissary items, and other items as approved through the Warden by the Religious Issues Committee. Food items must be replaced as they begin to spoil.
17. THE NATIVE AMERICAN PIPE:
An inmate may be selected by the Religious Services department to be pipe carrier for the Native American religious group. The pipe will be secured in the chapel and issued to the pipe carrier when services are in progress.
18. OUTDOOR WORSHIP AREA PROCEDURES:
The outside worship area (OWA) will be used for religious services that are traditionally held outdoors. There will be no nudity allowed anywhere within the OWA. Since the sweat lodge ceremony is held inside the sweat lodge, Religious Services staff will provide supervision. Therefore, because sound correctional judgment would dictate that staff should ordinarily not enter the lodge for participation or supervision, only intermittent supervision of the sweat lodge ceremony will be provided by Chaplaincy staff. Inmates must obtain and ensure medical clearance form is completed to participate in the ceremony. This form must be reviewed and signed by appropriate medical staff in Health Services. Inmates who are found to have medical conditions that may cause harm to the individual will be counseled about the medical concerns and possible negative consequences of participation.
19. PASTORAL VISITORS:
Inmates desiring to be visited by clergy or religious resource persons of their faith shall forward an Inmate Request to Staff form to this department. The visitor shall also provide the department with a written request to meet with the inmate. The visitor's request shall include his/her phone number, the name of the inmate or inmates to be visited, state which religious body the visitor belongs to and include what rank or office the visitor holds in the religious body (for instance, minister, rabbi, imam, etc.). It is the inmate's responsibility to make contact with the visitor and ask the visitor to provide this information to the Religious Services department.
The department will notify the inmate's unit team in writing of its recommendation to approve or disapprove a religious visitor. The unit team will have final responsibility for adding the visitor to the visiting list.
Pastoral visits will take place in the visiting room, during normal visiting hours. If available, an attorney-client room may be occupied for up to thirty minutes for this purpose. Visits with approved religious visitors will not count against social visits normally allotted to the inmate. Visits shall

SCH 5360.09F Page: 6
ordinarily take place in the visiting room during normal visiting hours. Only one religious visitor will be approved per inmate.
Inmates in the Special Housing Unit will ordinarily have the same access to religious visitors as inmates in the general population, as long as the visit does not conflict with the good order and security of the institution. Badged contractors and volunteers may be escorted into the Special Housing Unit to hold religious visits under the supervision of a chaplain. FCI Schuylkill does not have a hospital unit.
20. RELIGIOUS ISSUES COMMITTEE:
The Religious Services department may through the Associate Warden of Programs convene the institutional Religious Issues Committee for the purpose of evaluating inmate religious requests. These requests may include (but are not limited to) authorization for religious groups to have time and space in the chapel, authorization to allow inmates to possess certain religious items, and so forth. The Committee may also be called to review institutional policies and any issues raised in connection with them. The committee members shall include the Associate Warden of Programs, the Executive Assistant, and the Religious Services department head. Department heads from other departments potentially affected by the requests under review may also be included. Recommendations from the committee will be forwarded to the Warden for final disposition.
21. INTERFAITH NEUTRALITY:
The Religious Services department may schedule religious activities for any faith to convene in any area under its supervision. All chapel equipment shall be either moveable or concealable so that all worship area may be furnished to facilitate the religious activities of any faith group assigned to worship. This section also applies to outdoor worship areas under Religious Services supervision.
22. CHAPEL SCHEDULING AND SUPERVISION:
The Religious Services department will schedule essential worship services necessary for the authentic practice of religion for all faith groups authorized to meet at this institution. The services will be scheduled in such a way as to ensure compliance with supervision requirements for contractors, volunteers and inmates.
Essential services may be led by rotating corps of inmates as appointed by the supervisory chaplain for each faith group, if non-inmate leadership is not available. Services must be conducted in English, unless either the Warden grants a written waiver for this requirement or the staff person assigned to monitor speaks the same language in which the service is held. FCI inmate-led programs require constant staff supervision.
Occasional services that are not mandatory requirements of the faith group in question will ordinarily be led by BOP chaplains, contractors, or Level II volunteers. These services will be monitored at least intermittently by BOP staff. The monitoring requirement shall be the same at the camp.
Any service at which at least one Level I volunteer is present will be monitored by BOP staff at all times. The monitoring requirement shall also be the same at the camp. Level I volunteers shall only be used if

SCH 5360.09F Page: 7
maintaining coverage requirements does not cause an essential service to be postponed or canceled.
23. RELIGIOUS USE OF WINE:
Altar wine will be stored in a locked storage facility, in a chaplain’s office, and inventoried with the use of a log book. The volumetric unit of measure for the purpose of storing and dispensing wine for use shall be by the fluid ounce. A small disposable two-ounce bottle will be used to distribute the wine for religious use.
Altar wine may be given to inmates as part of a religious ritual only with the prior permission of the Religious Services department head. Permission may only be secured by a BOP staff chaplain, religious contractor, or religious volunteer whose ordination credentials have been submitted and approved prior to the performance of the ritual. Ordinarily, intinction (the dipping of a bread wafer into wine) will be the method of giving altar wine to inmates.
Inmates will not be allowed to give wine to other inmates.
24. RELIGIOUS USE OF TOBACCO:
Smoking tobacco for the Native American sweat lodge service will be stored in a locked storage facility and inventoried with the use of a log book. The unit of measure by weight for the purpose of storing and dispensing tobacco for use shall be by the gram. Smoking tobacco will be issued only in the amount necessary to load the pipe once for sweat lodge service. Other forms of tobacco for Native American use (for instance: chewing tobacco) may be issued only to make tobacco ties when the sweat lodge is to be rebuilt.
Cigars for use at Santeria services will also be stored in a locked storage facility and inventoried with the use of a log book. The inventory shall be measured in terms of the actual number of cigars.
The area designated for the outdoor religious use of tobacco shall be the outdoor worship area, which is the place for the sweat lodge. The indoor smoking area shall be Room 3, in which the chapel Santeria altar is stored. Religious Services shall retain the use of an ionic air purifier.
All tobacco items designated for religious use will be purchased with the same government credit card that is used for the purchase of other religious items.

25. INMATE PRAYERS

SCH 5360.09F Page: 8

The Bureau of Prisons provides inmates of all faith groups with reasonable and equitable opportunities to pursue religious beliefs and practices, within the constraints of budgetary limitations and consistent with the security and orderly running of the institution and the Bureau of Prisons.

Inmates are scheduled one congregant prayer or worship time weekly. Prayers can be offered individually, during break times only at work detail sites or school with staff notification, or in the housing units. Daily prayers can normally be completed in 5-10 minutes. Guidance for personal and group prayers is as follows:
A. Individual Prayers 1. Housing Units a. As an individual, an inmate may make required or ritual prayers in the Housing Units only within the confines of their assigned cell. b. No more than the authorized cell limit may be in the cell and participating in the prayer at any time. Anything more than the assigned cell limit is considered unauthorized group prayer and disciplinary action may be taken. c. Prayers and calls to prayer should be performed in a respectful manner not to interfere with operations outside the inmate’s assigned cell or with official institution requirements (e.g. Official Counts).
2. Job or other mandatory assignment a. As an individual, an inmate may make required or ritual prayers while at assigned jobs or other
mandatory assignments under the following guidelines: (1) Inmates must request permission from the staff person(s) in charge of that job or duty assignment. Staff will determine how many inmates can make the prayers at any given time; however, no more than two (2) inmates from the same work detail or other mandatory assignment may be given permission to make their prayer at the same time. (2) Prayers, if authorized by staff, must be performed in a manner that does not disturb the safe and orderly operation of the institution. Job and duty sites should designate authorized areas for prayer, so both staff and inmates know safe locations to perform the ritual prayers. (3) Prayer will be authorized only if the inmate is on the job or duty assignment during the entire time in which the prayer is mandated. This means that if an established prayer window is from 12:30-2:30 p.m., and the inmate can leave his job or duty assignment at 1:30 p.m., then the inmate does not have to be permitted time to perform the prayer. However, if the inmate does not leave the duty assignment until 2:30 p.m., then the staff person will permit the inmate to perform the required prayers. b. No prayer rugs may be brought to the job or duty assignment to make the prayers. Inmates may bring an extra towel upon which to offer prayer, if it is desired.
SCH 5360.09F Page: 9
3. Recreation Department a. As an individual, an inmate may make or offer prayer at any time while in Recreation so long as:
(1) The prayer is conducted in such a manner as not to create a disturbance or otherwise negatively impact the orderly running of recreation and its ongoing programs and activities. (2) The prayer is conducted in the designated area, which is the area to the left of the stairs to the recreation yard. (3) No more than two (2) inmates may utilize the designated area at any given time.

b. No prayer rugs may be brought to Recreation to make the prayers. Inmates may bring an extra towel upon which to offer prayer, if it is desired.
B. Group Prayers 1. There are no authorized group prayer activities outside of authorized Religious Services Programs, Holy Days, and other authorized activities as expressly defined on the Religious Services Program Schedule or the Holy Day Guidance Memorandum signed by the Warden.
26. OPI: Religious Services
27. ATTACHMENTS: Attachment A, Emergency Notification Form

Distribution: Executive Staff Department Heads NERO Approval

//Signed// __________________________ H. L. Hufford, Warden

EMERGENCY VERIFICATION/NOTIFICATION FORM

SCH 5360.09F ATTACHMENT A

Name of Inmate Name of Caller

Reg. No.

Unit

Relationship to Inmate

Address of Caller

Phone Number of Caller

MESSAGE TO INMATE:

Name of Person with Emergency

Relationship to Inmate

Nature of Emergency

Date and Time Emergency Occurred

Name of Hospital or Funeral Home

City

State

Phone Number of Hospital or Funeral Home

Inmate is to call: Name of Person

Phone Number

Staff Person receiving call

Today's Date

Has the inmate been notified yet? (check one)

Yes____

No_____

If yes, date of notification:____________________

Information verified by:______________________________________

Route a copy of this form to the Religious Services Department. Thank you for your cooperation.

SENSITIVE BUT UNCLASSIFIED

INSTITUTION SUPPLEMENT

U. S. Department of Justice Federal Bureau of Prisons

FCI Schuylkill, Pennsylvania

OPI: NUMBER:
DATE: SUBJECT:

Religious Services SCH 5360.090 April 15,2013 Religious Beliefs and Practices

1. PURPOSE: To establish local procedures and guidelines governing the operations of the Religious Services Department at FCI Schuylkill.

2. DIRECTIVES REFERENCED: T5360.02, Ministry of BOP Chaplains, dated November 18, 2004; Program Statement 1350.02, Acceptance of Donations dated June 29, 1998; and Program Statement 5360.09, Religious Beliefs and Practices, dated December 31, 2004.

3. DIRECTIVE RESCINDED: Institution Supplement SCH 5360.09F, Religious Beliefs and Practices, dated October 9, 2012.

4. CORRECTIONAL STANDARDS AFFECTED: ACA 4th Edition Standards for Adult Correctional Institutions: 44454, 44455, 44456, 4-4457, 4-4458, 44459, 44460, 4-4461, 4-4462, 44463

5. RELIGIOUS PREFERENCES:

It is the responsibility of each inmate to make certain that his religious preference as stated in his SENTRY record is accurate and current.

6. ANNUAL CEREMONIAL MEALS:

Attendance at ceremonial meals is restricted to inmates listed in SENTRY as practicing the religion

celebrating the ceremonial meal. An Inmate Request to Staff form requesting attendance at the meal

must be submitted prior to the event in order to be eligible to participate. A reasonable due date for

submission of the request will be posted in the chapel. Attendance will be limited to one meal per

calendar year, per inmate.

·

No inmate "guests" from outside the religious community in question will be allowed to partake of the meal. Inmates attending ceremonial meals will show their commissary cards upon entry into the meal.

The Chaplain will coordinate the scheduling of all ceremonial meals with the Food Service Administrator. The menu for the meal will be developed 45 days before the date of the meal, and will be limited only to items on the Food Service master menu which are available at the time the meal is scheduled. Appropriated funds may be used to purchase a sampling of traditional/ritual foods. A sample size will be less than that of a full portion. No ceremonial meal will be rescheduled in the event that an inmate religious community refuses to participate.

SCH 5360.09G Page:2
7. RELIGIOUS FASTS:
Religious fasts that are commonly recognized throughout the Bureau of Prisons will be arranged by the Religious Services department in cooperation with Food Service. Such fasts include but are not limited to Ramadan, and the Jewish fast of Yorn Kippur.
Inmates desiring to participate in a religious fast will submit an Inmate Request to Staff form to Religious Services at least three weeks prior to the fast. Inmates who arrive at the institution while the fast is in progress may continue to participate if they were participating in the fast at the institution from which they arrived.
Participation in fasts will ordinarily be limited to inmates assigned to a corresponding religious preference as listed in SENTRY.
Participants will ordinarily break the fast after sundown and eat breakfast before sunrise. If normal times for main line conflict with sundown, arrangements will be made for participants to break the fast after mainline. If normal times for main line conflict with sunrise, participants will receive the breakfast for the next day in a suitable container at the evening meal. The breakfast shall be consumed before sunrise on the next day. No special foods shall be prepared for the fast. Inmates assigned to the Religious Diet Program will continue on the program during the fast.
The Religious Services department may remove inmates from the fast who are engaged in: eating during daylight hours, stealing food, or causing special food items to be prepared in the kitchen. The Religious Services department maintains the authority to remove inmates from fasts for purposes of preserving the religious integrity of the event.
No special provisions will be made for fasts undertaken by solitary individuals at irregular times.
8. RELIGIOUS DIET PROGRAM:
Inmates may be removed from the Religious Diet Program for any instance of eating, stealing, or unauthorized possession of any food item served on mainline or not religiously certified. Any staff witnesses of a violation of the program shall send a memorandum to Religious Services citing the inmate in question, register number, time and date of violation, food items consumed or possessed in violation of the program guidelines, and how they were obtained. Inmates may be removed from the program for periods ranging from thirty days to one year. The nature of the circumstances of the removal, and prior history of other Religious Diet Program removals, are factors in determining the length of time an inmate will be removed from the program.
Inmates may be reinstated following an interview with a chaplain. Application for the interview shall be made by an Inmate Request to Staff form stating the reason why the inmate desires reinstatement. A copy of the BPS700 form notifying the inmate of the decision will be kept in section 6 of the inmate's central file.
Inmates who desire reinstatement but have no interview form on file shall also submit an Inmate to Staff form that provides the same information as requested in the above paragraph. The inmate will

SCH 5360.09G Page: 3
then re-interview at this institution.
9. INMATE ACQUISITIONS OF RELIGIOUS ARTICLES:
Inmates will normally acquire religious articles either through the Special Purchase Order process or through the commissary. For items not available through the commissary, inmates will complete a BPA0331, Authorization to Receive a Package.
Those items that cannot be purchased through a catalog vendor may be mailed in from other sources with the approval of the Warden, the Associate Warden of Programs, and a Chaplain. One such item, the eagle feather for Native Americans, will require that the inmate have a Bureau of Indian Affairs number as well as permission from the Department of the Interior to possess it. The responsibility of providing this documentation shall lie with the inmate.
Another such item, the eleke beads for members of the Santeria faith group, may also be mailed in and issued to the requesting inmate after staff inspection. This is because the eleke often has to be personally assembled by a spiritual advisor.
10. SEARCHING RELIGIOUS ARTICLES:
No inmate may refuse a search of his person or his property for religious reasons.
Care should always be taken when religious articles are searched. Religious articles should be handled with reverence.
Native American Religious Property Issues: Searches
Native American traditional religious beliefs hold that sacred objects are reservoirs of spiritual power, which can be negated by careless or insensitive search procedures. When possible, searches of Native American religious material should be done with either a Chaplain or the inmate in question present. The Chaplain or the inmate will handle the items for visible inspection by staff performing searches.
11. DONATIONS TO THE CHAPEL:
All requests to donate items will be handled in accordance with the current Bureau of Prisons policy. Donations will ordinarily be limited to books and media. Proposed donations of religious articles, ecclesiastical appointments or other equipment will be reviewed by the Warden on a case-by-case basis. Unstrung beads, crafts, wine, prayer oils, herbs and other such consumable items are not acceptable as donations.
12. INCLEMENT WEATHER:
When inclement weather requires the compound to be closed, services in the Chapel will normally be canceled. The Chapel will remain closed until the compound opens. Canceled programs will ordinarily not be rescheduled. The Warden or designee will determine the appropriate level of chapel programming.

SCH 5360.090 Page:4
13. OFF-SITE PASTORAL CARE:
Chaplains will when possible, visit hospitalized inmates or staff. Staff members who are home-bound by illness or infirmity may be visited with the approval of the Associate Warden of Programs.
14. EMERGENCY NOTIFICATIONS:
Upon staff notification and verification of the death or serious illness of an inmate's family member, the Chaplain will be notified. If the Chaplain is off duty, the Unit Team or Operations Lieutenant will notify the inmate of the situation. The Emergency Notification Form (Attachment A) will be completed by the staff person receiving the information. The form will then be routed via LAN to Religious Services and all other departments as indicated on the form. The inmate will not be provided a copy of the form. Once notification has occurred, Psychology Services will also be notified.
In the event of the death of an inmate in the custody of this institution, Chaplaincy Staff will be notified as soon as possible to ensure proper treatment of the body occurs in case there is any specific religious body preparation or burial requirements. Normally, Chaplains will be involved in the next of kin notification regarding the death of an inmate. After normal duty hours the Unit Manager or an Acting Unit Manager will be called to obtain the next of kin information from the Central File (the ISDS system can also be used to obtain this information) for the deceased inmate, if the Chaplains do not have this information on file. The information will be provided to the Chaplains for them to call the next of kin. For additional information, refer to Institution Supplement SCH 6031.01 A3, Serious Illness, Injury, Surgery and/or Death of an Inmate.
15. RELIGIOUS PROPERTY ISSUES:
Religious property shall be possessed in reasonable quantities and stored in a manner consistent with policies concerning security, sanitation or safety.
Inmates of all faith groups may wear religious medallions. The term "medallions" refers to authorized religious items intended to be worn around the neck. Such items include, but are not limited to, crosses, rosaries, medicine pouches, and similar items. All religious medallions shall be worn under a khaki shirt or the food service uniform.
Inmates of all faith groups may possess copies of their respective sacred scriptures and inspirational literature.
Hobby craft items will not be authorized for inmate possession as religious property. The Native American religion is the only religion known at this time to qualify for the above exception.
Religious head wear shall be worn in a way which lends credibility and respect for religion. Native American headbands shall be worn as headbands, not as head coverings. Head wear found to be inconsistent with the inmate's religious preference as recorded in SENTRY is subject to confiscation.

SCH 5360.090 Page: 5
List of Authorized Religious Property According to SENTRY Religious Preferences
See Manual on Inmate Beliefs and Practices
16. THE SANTERIA SHRINE
Inmates whose religious preference in SENTRY is "Santeria" may have a shrine in their cells on top of their lockers. The shrine may consist of a picture of an orisha, commissary items, and other items as approved through the Warden by the Religious Issues Committee. Food items must be replaced as they begin to spoil.
17. THE NATIVE AMERICAN PIPE:
An inmate may be selected by the Religious Services department to be pipe carrier for the Native American religious group. The pipe will be secured in the chapel and issued to the pipe carrier when services are in progress.
18. OUTDOOR WORSHIP AREA PROCEDURES:
The outside worship area (OWA) will be used for religious services that are traditionally held outdoors. There will be no nudity allowed anywhere within the OWA. Since the sweat lodge ceremony is held inside the sweat lodge, Religious Services staff will provide supervision. Therefore, because sound correctional judgment would dictate that staff should ordinarily not enter the lodge for participation or supervision, only intermittent supervision of the sweat lodge ceremony will be provided by Chaplaincy staff. Inmates must obtain and ensure medical clearance form is completed to participate in the ceremony. This form must be reviewed and signed by appropriate medical staff in Health Services. Inmates who are found to have medical conditions that may cause harm to the individual will be counseled about the medical concerns and possible negative consequences of participation.
19. PASTORAL VISITORS:
Inmates desiring to be visited by clergy or religious resource persons of their faith shall forward an Inmate Request to Staff form to this department. The visitor shall also provide the department with a written request to meet with the inmate. The visitor's request shall include his/her phone number, the name of the inmate or inmates to be visited, state which religious body the visitor belongs to and include what rank or office the visitor holds in the religious body (for instance, minister, rabbi, imam, etc.). It is the inmate's responsibility to make contact with the visitor and ask the visitor to provide this information to the Religious Services department.
The department will notify the inmate's unit team in writing of its recommendation to approve or disapprove a religious visitor. The unit team will have final responsibility for adding the visitor to the visiting list.
Pastoral visits will take place in the visiting room, during normal visiting hours. If available, an attorney-client room may be occupied for up to thirty minutes for this purpose. Visits with approved religious visitors will not count against social visits normally allotted to the inmate. Visits shall

SCH 5360.090 Page:6
ordinarily take place in the visiting room during normal visiting hours. Only one religious visitor will approved per inmate.
Inmates in the Special Housing Unit will ordinarily have the same access to religious visitors as inmates in the general population, as long as the visit does not conflict with the good order and security of the institution. Badged contractors and volunteers may be escorted into the Special Housing Unit to hold religious visits under the supervision of a chaplain. FCI Schuylkill does not have a hospital unit.
20. RELIGIOUS ISSUES COMMITTEE:
The Religious Services department may through the Associate Warden of Programs convene the institutional Religious Issues Committee for the purpose of evaluating inmate religious requests. These requests may include (but are not limited to) authorization for religious groups to have time and space in the chapel, authorization to allow inmates to possess certain religious items, and so forth. The Committee may also be called to review institutional policies and any issues raised in connection with them. The committee members shall include the Associate Warden of Programs, the Executive Assistant, and the Religious Services department head. Department heads from other departments potentially affected by the requests under review may also be included. Recommendations from the committee will be forwarded to the Warden for final disposition.
21. INTERFAITH NEUTRALITY:
The Religious Services department may schedule religious activities for any faith to convene in any area under its supervision. All chapel equipment shall be either moveable or concealable so that all worship area may be furnished to facilitate the religious activities of any faith group assigned to worship. This section also applies to outdoor worship areas under Religious Services supervision.
22. CHAPEL SCHEDULING AND SUPERVISION:
The Religious Services department will schedule essential worship services necessary for the authentic practice of religion for all faith groups authorized to meet at this institution. The services will be scheduled in such a way as to ensure compliance with supervision requirements for contractors, volunteers and inmates.
Essential services may be led by rotating corps of inmates as appointed by the supervisory chaplain for each faith group, if non-inmate leadership is not available. Services must be conducted in English, unless either the Warden grants a written waiver for this requirement or the staff person assigned to monitor speaks the same language in which the service is held. FCI inmate-led programs require constant staff supervision.
Occasional services that are not mandatory requirements of the faith group in question will ordinarily be led by BOP chaplains, contractors, or Level II volunteers. These services will be monitored at least intermittently by BOP staff. The monitoring requirement shall be the same at the camp.
Any service at which at least one Level I volunteer is present will be monitored by BOP staff at all The monitoring requirement shall also be the same at the camp. Level I volunteers shall only be used

SCH 5360.090 Page:7
maintaining coverage requirements does not cause an essential service to be postponed or canceled.
23. RELIGIOUS USE OF WINE:
Altar wine will be stored in a locked storage facility, in a chaplain's office, and inventoried with the use of a log book. The volumetric unit of measure for the purpose of storing and dispensing wine for use shall be by the fluid ounce. A small disposable two-ounce bottle will be used to distribute the wine for religious use.
Altar wine may be given to inmates as part of a religious ritual only with the prior permission of the Religious Services department head. Permission may only be secured by a BOP staff chaplain, religious contractor, or religious volunteer whose ordination credentials have been submitted and approved prior to the performance of the ritual. Ordinarily, intinction (the dipping of a bread wafer into wine) will be the method of giving altar wine to inmates.
Inmates will not be allowed to give wine to other inmates.
24. RELIGIOUS USE OF TOBACCO:
Smoking tobacco for the Native American sweat lodge service will be stored in a locked storage facility and inventoried with the use of a log book. The unit of measure by weight for the purpose of storing and dispensing tobacco for use shall be by the gram. Smoking tobacco will be issued only in the amount necessary to load the pipe once for sweat lodge service. Other forms of tobacco for Native American use (for instance: chewing tobacco) may be issued only to make tobacco ties when the sweat lodge is to be rebuilt.
Cigars for use at Santeria services will also be stored in a locked storage facility and inventoried with the use of a log book. The inventory shall be measured in terms of the actual number of cigars.
The area designated for the outdoor religious use of tobacco shall be the outdoor worship area, which is the place for the sweat lodge. The indoor smoking area shall be Room 3, in which the chapel Santeria altar is stored. Religious Services shall retain the use of an ionic air purifier.
All tobacco items designated for religious use will be purchased with the same government credit card that is used for the purchase of other religious items.
25. INMATE PRAYERS
The Bureau of Prisons provides inmates of all faith groups with reasonable and equitable opportunities to pursue religious beliefs and practices, within the constraints of budgetary limitations and consistent with the security and orderly running of the institution and the Bureau of Prisons.
Inmates are scheduled one congregant prayer or worship time weekly. Prayers can be offered individually, during break times only at work detail sites or school with staff notification, at recreation, or in the housing units. Daily prayers can normally be completed in 5-10 minutes. Guidance for personal and group prayers is as follows:

SCH 5360.09G
Page: 8
A. Individual Prayers 1. Housing Units a. As an individual, an inmate may make required or ritual prayers in the Housing Units only within the confines of their assigned cell. b. No more than the authorized cell limit may be in the cell and participating in the prayer at any time. Anything more than the assigned cell limit is considered unauthorized group prayer and disciplinary action may be taken. c. Prayers and calls to prayer should be performed in a respectful manner not to interfere with operations outside the inmate's assigned cell or with official institution requirements (e.g. Official Counts).
2. Job or other mandatory assignment a. As an individual, an inmate may make required or ritual prayers while at assigned jobs or other
mandatory assignments under the following guidelines: (1) Inmates must request permission from the staff person(s) in charge of that job or duty assignment. Staff will determine how many inmates can make the prayers at any given time; however, no more than two (2) inmates from the same work detail or other mandatory assignment may be given permission to make their prayer at the same time. (2) Prayers, if authorized by staff, must be performed in a manner that does not disturb the safe and orderly operation of the institution. Job and duty sites should designate authorized areas for prayer, so both staff and inmates know safe locations to perform the ritual prayers. (3) Prayer will be authorized only if the inmate is on the job or duty assignment during the entire time in which the prayer is mandated. This means that if an established prayer window is from 12:30-2:30 p.m., and the inmate can leave his job or duty assignment at 1:30 p.m., then the inmate does not have to be permitted time to perform the prayer. However, ifthe inmate does not leave the duty assignment until 2:30 p.m., then the staff person will permit the inmate to perform the required prayers. b. No prayer rugs may be brought to the job or duty assignment to make the prayers. Inmates may bring an extra towel upon which to offer prayer, if it is desired.
3. Recreation Department a. As an individual, an inmate may make or offer prayer at any time while in Recreation so long
as (1) The prayer is conducted in such a manner as not to create a disturbance or otherwise negatively impact the orderly running of recreation and its ongoing programs and activities. (2) The prayer is conducted in the designated outdoor area, which is the area to the left of the stairs to the recreation yard. (3) No more than two (2) inmates may utilize the designated outdoor area at any given time. (4) In times of inclement weather only, the prayer is permitted to be conducted in the designated indoor gymnasium area, which is the area to the right of the gymnasium entryway (the Southeast comer of the gymnasium). (5) No more than two (2) inmates may utilize the designated indoor area at any given time.

SCH 5360.09G Page:9
b. No prayer rugs may be brought to Recreation to make the prayers. Inmates may bring an extra towel upon which to offer prayer, if it is desired.
B. Group Prayers 1. There are no authorized group prayer activities outside of authorized Religious Services Programs, Holy Days, and other authorized activities as expressly defined on the Religious Services Program Schedule or the Holy Day Guidance Memorandum signed by the Warden.
26. OPI: Religious Services 27. ATTACHMENTS: Attachment A, Emergency Notification Form
Distribution: Executive Staff Department Heads NERO Approval

EMERGENCY VERIFICATION/NOTIFICATION FORM

SCH 5360.09G Attachment A

Name of Inmate Name of Caller Address of Caller

Reg. No.

Unit

Relationship to Inmate

Phone Number of Caller

MESSAGE TO INMATE:

Name of Person with Emergency

Relationship to Inmate

Nature of Emergency

Date and Time Emergency Occurred

Name of Hospital or Funeral Home

City

State

Phone Number of Hospital or Funeral Horne

Inmate is to call: Name of Person

Phone Number

Staff Person receiving call

Today's Date

Has the inmate been notified yet? (check one)

Yes

No- - -

If yes, date of notification: ~~~~~~~~~~~

Information verified by:~~~~~~~~~~~~~~~~~~~~~

Route a copy of this form to the Religious Services Department. Thank you for your cooperation.

SENSITIVE BUT UNCLASSIFIED

Effective: April 8, 2013
U.S. Department of Justice Federal Bureau of Prisons
FCI Schuylkill, Minersville, PA.
UNICOR RULES AND REGULATIONS (INSTITUTION)

CLOTHING-

All inmates must wear standard work uniforms during UNICOR working hours. Shirts will remain tucked into trousers and shoes tied. SAFETY SHOES are required in all areas of UNICOR and worn while at work. No sneakers will be allowed inside the factory. Lockers will be assigned individually for all storage. Personal items will be confiscated.

WORKING HOURS- The UNICOR work call for full time (work permitting) is at 7:00 a.m. and the workday begins at 7:15 a.m. and ends at 3:30 p.m. Tools will start to be turned in at 10:45 a.m. and 3:15 p.m., or at Foreman's direction.

LUNCH PERIOD-

Full time: The lunch period is 45 minutes from the time the first group of UNICOR Inmates are released from the job site. The entranceway of the factory will be secured at that time. If you are late without prior authorization from your detail supervisor disciplinary action will be taken when applicable.

FACTORY RELEASE-At the conclusion of each work shift (morning, afternoon, or overtime) the factory will release by assigned detail. The details will be rotated weekly to give each detail the opportunity to release first. Attempting to leave the factory with an unauthorized detail without prior authorization from your detail supervisor will be grounds for disciplinary action up to and including termination.

TARDINESS-

Anyone reporting late to work will be docked in fifteen-minute increments. Being late for UNICOR work call can, and will lead to disciplinary sanctions and termination.

SMOKING-

Smoking is NOT permitted Institutional wide.

CALLOUTS-

Whenever possible, call-outs should be kept at a minimum. If you receive an idle or convalescence, you must take a copy to your supervisor the same day. You are responsible for your call-outs. You are responsible to inform your supervisor when you leave the factory and return. Failing to do so will affect your attendance record.

FOOD ITEMS-

DO NOT bring food items from the dining room. The only items allowed in the factory are Coffee, Tea, Creamer, and Sugar.

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CONTRABAND IN Family photographs and pictures in limited quantities are allowed. Photographs of

UNICOR-

an obscene nature are not allowed anywhere in UNICOR. Letters, legal-mail,

jokes, cartoons, games, cards, gym or tote bags, reading material, and radios are not

allowed in UNICOR except, only education-required materials.

COPIERS/

Office machines and equipment are not to be used unless authorized by a staff

COMPUTERS/

member. Personal and NON-UNICOR use is never authorized and will result in

OFFICE EQUIPMENT- disciplinary action.

UNICOR PROPERTY- You will be subject to pat searches upon leaving UNICOR. Possession of I or unauthorized use of any UNICOR property (office supplies, paper items, etc.) will result in disciplinary action. No items, including discarded items, can be removed from UNICOR or used as a personal item. Inmates are permitted to pray at their worksite at FCI Schuylkill. UNICOR inmates may access the cardboard recycling bin to fulfill their religious obligations during the work day if needed.

PROFANITY-

Abusive language or profanity will not be tolerated.

APPEARANCE-

You are expected to conduct yourself in an orderly manner at all times and maintain a neat appearance. Hair should be neatly groomed and uniforms cleaned, pressed and worn as institutional policy require.

WORK REQUIREMENT-

Work time should be used efficiently with non-productive time kept

to a minimum. Worker's caught sleeping during work hours will be subject to

disciplinary action. If you are on any type of medication that causes drowsiness, it

is your responsibility to report this to your work supervisor. You must meet work

and production requirements established by your supervisor. You should also be

adaptable to the changing work conditions that are sometimes necessary to meet the

goals of the factory. This could include job-reassignment.

Each UNICOR Department has work standards in each of the following areas:

SAFETY PERSONAL HYGIENE PUNCTUALITY INTERPERSONAL RELATIONS

QUALITY ASSURANCE CONDUCT ON THE JOB PRODUCTIVITY SANITATION AREA

To remain employed in UNICOR, you must maintain good work habits with co-workers and cooperate fully with your supervisor and other staff. Inmates placed in Administrative Detention or Segregation because of committing a prohibited act and receive disciplinary segregation will be terminated from their work assignment and lose prior longevity and benefits as per P.S. 8120.02. It is our goal to provide meaningful training through productive work assignments. It is your responsibility to abide by these rules and regulations as well as the policies of the entire institution. Your failure to abide by the rules, regulations, and factory procedures will subject you to disciplinary action up to and including termination for any offense.

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SKUP-004-RR (Rev: D)

Assigned Work Area- You are assigned a work detail to which you are authorized. You are to remain
in your assigned area unless instructed by your detail supervisor. Disciplinary action may be taken if you are found to be in an unauthorized area.

WORK EVALUATIONS-

Work evaluations are done on a semi-annual basis by your supervisor. Evaluations consist of rating scales from one (1) to five (5) and you will be rated in the following areas:

PUNCTUALITY & PRODUCTIVITY

SAFETY

QUALITY ASSURANCE

PERSONAL CONDUCT/HYGIENE

COMPLIANCE WITH WORK STANDARDS

QUALITY ASSURANCE You must do the work exactly to the specifications assigned by the supervisor.

ACTIVITIES-

Do not make any changes in materials and I or production procedures without the

explicit approval of your work supervisor.

Be attentive in performing the work to minimize the chance of error and the need for repair or correction of any products returned because of defective workmanship.

SAFETY STANDARDS- 1) Follow posted safety rules and procedures at all times.

2) Report all injuries to your work supervisor immediately.

3) Use equipment, chemicals and tools only when authorized and in the manner in which instructed by your supervisor.

4) Keep the work area neat and orderly as required by safety rules and your supervisor, to not pose a safety hazard to self and others.

5) Refrain from engaging in horseplay, practical jokes or other activities, which could result in injuries to self or others.

6) The use or possession of any type of narcotics I unauthorized drugs or intoxicants on or off the job-site constitutes a serious safety violation and potential danger to self and others. Immediate termination will occur.

7) Always use required protective equipment provided at the work-site. Such equipment includes, but not limited to safety shoes, eye protection, ear protection, respirators or facemasks, protective clothing or other items, which may be designated by the A. W. (I &E), the Safety Department or your Supervisor. If your assignment dictates, you will be issued approved safety glasses. You will have to sign upon receipt of these glasses and you will be held accountable for them. No modification to safety glasses will be tolerated. Altering safety glasses will subject you to disciplinary actions.

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SKUP-004-RR (Rev: D)

8) Actively participate in safety related training.
9) All inmate workers should be aware of the proper use and storage of chemicals, solvents and materials requiring special handling in their area. Material Safety Data Sheets are available for these materials and each inmate worker is required to safely use such materials and read the available M.S.D.S.
10) The safety of all assigned inmate workers is the highest priority. Failure to comply with Safety and Sanitation Standards will result in termination from UNICOR.
11) No sunglasses, hats or scarves will be worn within the UNICOR Factory. Only factory issued gloves will be worn within the factory.

PAY REGULATIONSPROMOTION GUIDELINES-
PREMIUM PAYHOLIDAY PAYLONGEVITY PAY-
ADMINISTRATIVE PAYINDUSTRIAL GOOD TIME-

Inmates assigned to UNICOR start at Grade Five (5), except for workers with prior Hiring rights, who start at Grade Four (4).

All promotions are regulated by the availability of grade within your assigned department, and promotions are not automatic. Workers in Grade Five (5) must have a minimum of (30) thirty days in that grade before they may be promoted. Inmate workers in Grade Four (4) and above are eligible for promotion every (90) ninety days. An inmate worker who does not have a High School Diploma or G.E.D. may not be promoted above pay Grade Four (4) unless they have an exemption from the Education Department and based on performance and skill levels, not seniority. Accelerated promotion will be reviewed on a case-by-case basis per P.S. 8120.02.

Grade One (1) inmate workers who meet policy requirements may be elevated to Premium Pay status based on availability of grades.

You will receive pay for 10 Federal Holidays. You must be in working status to be eligible, and are required to be in UNICOR work status the day before and the day after the holiday off.

You will receive additional hourly pay in nickel allotments as follows:

19 months 31 months 43 months 61 months 85 months

0.10 per hour 0.15 per hour 0.20 per hour 0.25 per hour 0.30 per hour

Inmate workers may be compensated a standard hourly rate not to exceed three (3) hours per month at the discretion of the A. W.

Eligible inmate workers receive three (3) day for the first twelve months and five (5) days for the remaining months. This is not available to those sentenced under the new Sentencing Reform Act.

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SKUP-004-RR (Rev: D)

VACATION-

Inmate vacations are to be scheduled after the annual eligibility of the most recent day of assignme nt to UN ICOR wo rk status. [nmates have (60) days from that date to take their vacation or request a lump sum payment on the monthly payroll.
Inmates terminated by re-assignment, transfer or other means shall be paid in lump sum. Inmates being released from incarceration may request vacation prior to their release subject to approval by the A.W. (I & E).
All exceptions must be approved only by the A.W. (I & E)

Inmate workers earn one-half day per month for the first year of employment and one ( 1) day per mo nth thereafter. Inmate workers may take time-off or work their vacati ons. Vacations must be taken w ithin sixty (60) days after their ann iversary date or accrued time will be automaticall y cashed out. Vacation request should be turned in two weeks prior to the vacation date requested. Half-day programs can
earn Yi day per month for the first year, Yi day thereafter.

INCENTIVE AWARDS-

Written commendati ons and cash bonuses are available for special achievements by inmate workers. Their detail supervisor must submit nominations. Awards are based o n performance levels, proj ects or assignments that are beyond the exceptions and requirements of the j ob assignment.

SHOP ORFACTORY TRANSFER-

All inmates requesting shop o r factory transfer will be subject to a grade reduction. Consideration will no t be given to requests fo r transfer during the first thirty (30) days, unless approved by the A.W. (J & E)

A ll inmates w ho are hired under the special skills section that allow a department head to request an inmate be advanced and hired from the VN ICOR Waiting Li st is required to work in that area for a minimum of one ( 1) year before requesting a transfer to another area. That insures fairness to inmates on the Waiting List that were passed over by an inmate having required special skills.

1.(- <c- l3
DATE
/3
DATE

orhach, FACTORY MANAGER

5

SKUP-004-RR (Rev: D)

 
 Case: 1:10-cv-2160 As of: 06/22/2014 11:20 AM EDT 1 of 8
CLOSED,PRISNR
United States District Court Middle District of Pennsylvania (Harrisburg) CIVIL DOCKET FOR CASE #: 1:10−cv−02160−WWC

Gartrell v. Federal Bureau of Prisons et al Assigned to: Honorable William W. Caldwell Cause: 42:2003 Job Discrimination
Plaintiff Isadore Gartrell

Date Filed: 10/20/2010 Date Terminated: 06/03/2013 Jury Demand: Both Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: U.S. Government Defendant
represented by Su Ming Yeh Pennsylvania Institutional Law Project Cast Iron Bldg. 718 Arch Street Suite 304 South Philadelphia, PA 19106 215−925−2966 Email: smyeh@pailp.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew Prins Latham &Watkins, LLP 555 Eleventh Street, NW Suite 1000 Washington, DC 20004 202−637−2200 Email: andrew.prins@lw.com ATTORNEY TO BE NOTICED
G. Thiel U.S. Attorney's Office 235 N. Washington Avenue P.O. Box 309 Scranton, PA 18503 570−348−2800 Fax: 3482830 Email: mike.thiel@usdoj.gov ATTORNEY TO BE NOTICED
Kelsey A. McPherson Latham &Watkins LLP 555 Eleventh St. NW Suite 1000 Washington, DC 20004 202.637.2200 Email: kelsey.mcpherson@lw.com ATTORNEY TO BE NOTICED
Laura A. Mancini Latham &Watkins LLP 555 Eleventh St NW Suite 1000 Washington, DC 20004 202.637.2200 Email: laura.mancini@lw.com ATTORNEY TO BE NOTICED
Maria A. Fehretdinov Latham &Watkins LLP 555 Eleventh St. NW

Case: 1:10-cv-2160 As of: 06/22/2014 11:20 AM EDT 2 of 8
Suite 1000 Washington, DC 20004 202.637.2119 Email: maria.fehretdinov@lw.com ATTORNEY TO BE NOTICED
Natalie N. Sanders Latham &Watkins LLP 555 Eleventh St NW Suite 1000 Washington, DC 20004 202.637.2200 Email: natalie.sanders@lw.com ATTORNEY TO BE NOTICED

V. Defendant Federal Bureau of Prisons
Defendant Howard Hufford individually and in his official capacit as warden of Federal Correctional Institution − Schuylkill
Defendant Jorge Castaneda individually and in his official capacity as associate warden (programs) of Federal Correctional Institution − Schuylkill
Defendant Mr. Kruleski individually and in his official capacity as associate warden (industries and education) of Federal Correctional Institution − Schuylkill
Defendant Mr. Brandt individually and in his official capacity as manager of UNICOR at Federal Correctional Institution − Schuylkill

represented by G. Thiel (See above for address) ATTORNEY TO BE NOTICED
Kelsey A. McPherson (See above for address) ATTORNEY TO BE NOTICED
represented by G. Thiel (See above for address) ATTORNEY TO BE NOTICED
Kelsey A. McPherson (See above for address) ATTORNEY TO BE NOTICED
represented by G. Thiel (See above for address) ATTORNEY TO BE NOTICED
Kelsey A. McPherson (See above for address) ATTORNEY TO BE NOTICED
represented by G. Thiel (See above for address) ATTORNEY TO BE NOTICED
Kelsey A. McPherson (See above for address) ATTORNEY TO BE NOTICED
represented by G. Thiel (See above for address) ATTORNEY TO BE NOTICED
Kelsey A. McPherson (See above for address) ATTORNEY TO BE NOTICED

Case: 1:10-cv-2160 As of: 06/22/2014 11:20 AM EDT 3 of 8

Defendant T.R. Sniezek individually and in his official capacity as former warden of Federal Correctional Institution−Schuylkill
Defendant O.E. Brown in his official capacity as chaplain of Federal Correctional Institution − Schuylkill
Defendant USA Attorney General
Defendant US Attorney

represented by G. Thiel (See above for address) ATTORNEY TO BE NOTICED
Kelsey A. McPherson (See above for address) ATTORNEY TO BE NOTICED
represented by G. Thiel (See above for address) ATTORNEY TO BE NOTICED
Kelsey A. McPherson (See above for address) ATTORNEY TO BE NOTICED
represented by G. Thiel (See above for address) ATTORNEY TO BE NOTICED
Kelsey A. McPherson (See above for address) ATTORNEY TO BE NOTICED
represented by G. Thiel (See above for address) ATTORNEY TO BE NOTICED
Kelsey A. McPherson (See above for address) ATTORNEY TO BE NOTICED

Date Filed 10/20/2010
10/20/2010
10/20/2010 10/22/2010
10/22/2010 11/01/2010
12/01/2010

# Docket Text
1 COMPLAINT against all defendants ( Filing fee $350, Receipt Number 2009190), filed by Isadore Gartrell. (Attachments: # 1 Civil Cover Sheet)(aaa ) (Entered: 10/20/2010)
Summons Issued as to O.E. Brown, Federal Bureau of Prisons, Howard Hufford, Jorge Castaneda, Kruleski, Brandt, T.R. Sniezek and provided to Attorney for service on Defendant(s). (aaa ) (Entered: 10/20/2010)
2 Civil Cover Sheet.(Yeh, Su Ming) (Entered: 10/20/2010)
3 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Maria A. Fehretdinov on behalf of Isadore Gartrell Attorney Maria A. Fehretdinov is seeking special admission. Filing fee $ 50, receipt number 03140000000002011725.. (Fehretdinov, Maria) (Entered: 10/22/2010)
DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa) (Entered: 10/22/2010)
4 SPECIAL ADMISSIONS FORM APPROVED as to Maria Arhancet Fehretdinov, Esq. Signed by Honorable William W. Caldwell on 11/1/10. (pw, ) (Entered: 11/01/2010)
5 ORDER Re: Case Assignment and Procedures in re: 1 Complaint filed by Isadore Gartrell sent to all counsel of record. Signed by Honorable William W. Caldwell on 12/1/10. (am) (Entered: 12/01/2010)

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12/08/2010 12/08/2010 12/08/2010
12/10/2010 01/10/2011 01/10/2011 03/11/2011
03/11/2011 03/15/2011
03/31/2011 03/31/2011 04/11/2011 04/14/2011
04/28/2011
04/28/2011

6 SUMMONS Returned Executed by Isadore Gartrell. Federal Bureau of Prisons served on 10/29/2010, answer due 12/28/2010; USA Attorney General served on 10/29/2010, answer due 12/28/2010. (Fehretdinov, Maria) (Entered: 12/08/2010)
7 SUMMONS Returned Executed by Isadore Gartrell. US Attorney served on 11/9/2010, answer due 1/10/2011. (Fehretdinov, Maria) (Entered: 12/08/2010)
8 SUMMONS Returned Executed by Isadore Gartrell. Brandt served on 11/10/2010, answer due 1/10/2011; O.E. Brown served on 11/10/2010, answer due 1/10/2011; Jorge Castaneda served on 11/10/2010, answer due 1/10/2011; Howard Hufford served on 11/10/2010, answer due 1/10/2011; Kruleski served on 11/10/2010, answer due 1/10/2011. (Fehretdinov, Maria) (Entered: 12/08/2010)
9 SUMMONS Returned Executed by Isadore Gartrell. T.R. Sniezek served on 11/29/2010, answer due 1/28/2011. (Fehretdinov, Maria) (Entered: 12/10/2010)
10 MOTION for Extension of Time to Respond to Complaint by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Thiel, G.) (Entered: 01/10/2011)
11 ORDER − IT IS HEREBY ORDERED that the mtn. is granted. 10 Defts. may answer or otherwise respond to the complt. on or before 3/11/11. Signed by Honorable William W. Caldwell on 1/10/11. (am) (Entered: 01/10/2011)
12 Second MOTION for Extension of Time to File Response to the Complaint by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek, US Attorney, USA Attorney General. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Thiel, G.) (Entered: 03/11/2011)
13 BRIEF IN OPPOSITION re 12 Second MOTION for Extension of Time to File Response to the Complaint filed by Isadore Gartrell.(Fehretdinov, Maria) (Entered: 03/11/2011)
14 ORDER − AND NOW, this 15th day of March, 2011, upon con. of the 2nd mtn. 12 for enlarge. of time filed by the US, it is ordered that: 1. The mtn. is granted. 2. Defts. shall have 30 days from the dt. of this order to answer or otherwise respond to the complt. 3. No further ext. will be granted. (See order) Signed by Honorable William W. Caldwell on 3/15/11. (am) (Entered: 03/15/2011)
15 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Andrew Prins on behalf of Isadore Gartrell Attorney Andrew Prins is seeking special admission. Filing fee $ 50, receipt number 0314−2143268.. (Prins, Andrew) (Entered: 03/31/2011)
DOCKET ANNOTATION: DC State Bar Record verified for Andrew Prins. PA State Bar Record verified for Su Ming Yeh. (jc) (Entered: 03/31/2011)
16 SPECIAL ADMISSIONS FORM APPROVED − as to Atty. Andrew Prins o/b/o plf. Isadore Garttell. Signed by Honorable William W. Caldwell on 4/11/11. (am) (Entered: 04/11/2011)
17 MOTION to Dismiss or, in the alternative, MOTION for Summary Judgment by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek, US Attorney, USA Attorney General. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Thiel, G.) (Entered: 04/14/2011)
18 STATEMENT OF FACTS re 17 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment filed by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek, US Attorney, USA Attorney General. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))(Thiel, G.) (Entered: 04/28/2011)
19 BRIEF IN SUPPORT re 17 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment filed by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek, US Attorney, USA Attorney General. (Attachments: # 1 Certificate of Compliance with Word

Case: 1:10-cv-2160 As of: 06/22/2014 11:20 AM EDT 5 of 8

05/09/2011 05/10/2011 06/07/2011 06/10/2011 06/10/2011 06/13/2011
06/24/2011 07/06/2011 07/06/2011 07/07/2011 07/14/2011 07/22/2011 07/27/2011

Count)(Thiel, G.) (Entered: 04/28/2011)
20 Unopposed MOTION for Extension of Time to respond to Defendants' Motion to Dismiss or, In the Alternative, Motion for Summary Judgment by Isadore Gartrell. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Fehretdinov, Maria) (Entered: 05/09/2011)
21 ORDER granting 20 Motion to Extend Time. Plaintiff shall respond to defendant's motion to dismiss, or in the alternative, motion for summary judgment, on or before June 10, 2011. Signed by Honorable William W. Caldwell on 5/10/11 (pw, ) (Entered: 05/10/2011)
22 STIPULATION of Dismissal (Partial) by Isadore Gartrell. (Fehretdinov, Maria) (Entered: 06/07/2011)
23 BRIEF IN OPPOSITION re 17 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment filed by Isadore Gartrell. (Attachments: # 1 List of Exhibits with Exhibits A−C, # 2 Declaration of Maria A. Fehretdinov, # 3 Declaration of Isadore Gartrell, # 4 Unpublished Opinion(s))(Fehretdinov, Maria) (Entered: 06/10/2011)
24 ANSWER TO STATEMENT OF FACTS re 18 Statement of Facts, filed by Isadore Gartrell.(Fehretdinov, Maria) (Entered: 06/10/2011)
25 ORDER APPROVING STIPULATION − Pur. to FRCP 41(a)(1)(A)(ii), plf. Isadore Gartrell &defts. stipulate to the dismissal of (1) plf.'s request for nominal damages (but not for full costs &atty. fees) contained in paragraph (e) under the heading "Request for Relief" @ pg. 21 of plf.'s complt. 1 &(2) all claims against each deft. in their individual capacity (but not in their official capacity), where applicable, w/out prejudice, the parties to bear their own fees &costs. (See order) Signed by Honorable William W. Caldwell on 6/13/11. (am, ) (Entered: 06/13/2011)
26 REPLY BRIEF re 17 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment filed by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek, US Attorney, USA Attorney General. (Attachments: # 1 Exhibit(s))(Thiel, G.) (Entered: 06/24/2011)
27 MOTION to Strike Reply Brief or, in the alternative, MOTION for Leave to File Sur−reply by Isadore Gartrell. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order #1, # 3 Proposed Order #2)(Fehretdinov, Maria) (Entered: 07/06/2011)
28 BRIEF IN SUPPORT re 27 MOTION to Strike Reply Brief or, in the alternative MOTION for Leave to File Sur−reply filed by Isadore Gartrell. (Attachments: # 1 Unpublished Opinion(s))(Fehretdinov, Maria) (Entered: 07/06/2011)
29 BRIEF IN OPPOSITION re 27 MOTION to Strike Reply Brief or, in the alternative MOTION for Leave to File Sur−reply filed by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek, US Attorney, USA Attorney General.(Thiel, G.) (Entered: 07/07/2011)
30 ORDER − AND NOW, this 14th day of July, 2011, it is ordered that plf.'s mtn. to strike, or in the alternative, file a sur−reply brief 27 is granted in part. Plf.'s mtn. to strike is denied, but he may file a sur−reply brief on or before 7/22/11. Signed by Honorable William W. Caldwell on 7/14/11 (am, ) (Entered: 07/14/2011)
31 SUR REPLY to REPLY to Response to Motion re 17 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment filed by Isadore Gartrell. (Attachments: # 1 Declaration of Robert Carter, # 2 Supplemental Declaration of Isadore Gartrell, # 3 Unpublished Opinion(s))(Fehretdinov, Maria) (Entered: 07/22/2011)
32 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Laura A. Mancini on behalf of Isadore Gartrell Attorney Laura Mancini is seeking special admission. Filing fee $ 50, receipt number 0314−2242498.. (Mancini, Laura) (Entered: 07/27/2011)

Case: 1:10-cv-2160 As of: 06/22/2014 11:20 AM EDT 6 of 8

07/27/2011
07/27/2011 07/29/2011
07/29/2011 08/04/2011 08/04/2011 08/04/2011
08/04/2011 08/09/2011 08/09/2011 08/09/2011 08/09/2011 10/12/2011
10/26/2011 11/03/2011
11/22/2011 12/01/2011

33 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kelsey A. McPherson on behalf of Isadore Gartrell Attorney Kelsey McPherson is seeking special admission. Filing fee $ 50, receipt number 0314−2242512.. (McPherson, Kelsey) (Entered: 07/27/2011)
DOCKET ANNOTATION: Petitioning attorney's DC bar status verified and associate counsel's PA bar status verified. (aaa) (Entered: 07/27/2011)
34 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Natalie N. Sanders on behalf of Isadore Gartrell Attorney Natalie Sanders is seeking special admission. Filing fee $ 50, receipt number 0314−2244469.. (Sanders, Natalie) (Entered: 07/29/2011)
DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa ) (Entered: 07/29/2011)
DOCKET ANNOTATION: Counsel is directed to sign, date and include Bar ID information on page 3 of the petition. Upon completion, please resubmit the Petition for Special Admission. (am, ) (Entered: 08/04/2011)
35 Petition for Special Admission of Natalie N. Sanders by Isadore Gartrell.. (Sanders, Natalie) (Entered: 08/04/2011)
DOCKET ANNOTATION: Doc. No. 35 must be refiled using the category: Other Filings/Other Documents; event: Special Admission; and submit the required filing fee. ALSO, please attach the Code of Conduct to the petition. (dh) (Entered: 08/04/2011)
36 Petition for Special Admission of Kelsey McPherson by Isadore Gartrell.. (McPherson, Kelsey) (Entered: 08/04/2011)
DOCKET ANNOTATION: California State Bar Record verified for Kelsey Ann McPherson. (am, ) (Entered: 08/09/2011)
DOCKET ANNOTATION: Virginia State Bar Record verified for Natalie N. Sanders. (am, ) (Entered: 08/09/2011)
37 SPECIAL ADMISSIONS FORM APPROVED as to Attorney Natalie N. Sanders o/b/o plaintiff, Isadore Gartrell. Signed by Honorable William W. Caldwell on 8/9/11. (am, ) (Entered: 08/10/2011)
38 SPECIAL ADMISSIONS FORM APPROVED as to Attorney Kelsey A. McPherson o/b/o plaintiff, Isadore Gartrell. Signed by Honorable William W. Caldwell on 8/9/11. (am, ) (Entered: 08/10/2011)
39 ORDER − ACCORDINGLY, this 12th day of Oct., 2011, upon con. of defts.' mtn. 17 to dismiss, or in the alternative, for SJ, it is ORDERED that said mtn. is DENIED. (See order for complete details.) Signed by Honorable William W. Caldwell on 10/12/11 (am, ) (Entered: 10/12/2011)
40 ANSWER to 1 Complaint by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek, US Attorney, USA Attorney General.(Thiel, G.) (Entered: 10/26/2011)
41 SCHEDULING ORDER: Case Management Conference set for 12/1/2011 11:30 AM in Harrisburg before Honorable William W. Caldwell. The conf. may be conducted by telephone pursuing the procedure on the attached notice. Joint Case Management Plan must be filed @ least 5 days prior to the conf. (See order for complete details.) Signed by Honorable William W. Caldwell on 11/3/11. (am, ) (Entered: 11/03/2011)
42 CASE MANAGEMENT PLAN (Joint) by Isadore Gartrell. (McPherson, Kelsey) (Entered: 11/22/2011)
44 ORDER − AND NOW this 1st day of Dec., 2011, in connection w/the CMC in this matter, IT IS ORDERED THAT: Amended Pleadings due by 12/30/2012. Fact Discovery due by 6/1/2012. Joinder of Parties due by 12/30/2012. P.T. Motions due by 9/1/2012. Expert discovery shall be completed by 11/1/12. The expert report by the party bearing the burden of proof on the issue shall be field by 8/1/12.

Case: 1:10-cv-2160 As of: 06/22/2014 11:20 AM EDT 7 of 8

03/06/2012 03/06/2012 03/07/2012 04/26/2012 04/27/2012 07/27/2012 07/30/2012
11/14/2012
12/21/2012 01/02/2013 03/14/2013
04/25/2013 04/26/2013 04/29/2013

The expert report in response, if desired, shall be filed by 9/1/12. Suppl., if any, shall be filed by 10/1/12. 43 (See order for complete details.) Signed by Honorable William W. Caldwell on 12/1/11. (am, ) (Entered: 12/01/2011)
45 Unopposed MOTION to Take Deposition from Isadore Gartrell by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Thiel, G.) (Entered: 03/06/2012)
46 BRIEF IN SUPPORT re 45 Unopposed MOTION to Take Deposition from Isadore Gartrell filed by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek.(Thiel, G.) (Entered: 03/06/2012)
47 ORDER granting 45 Motion to Take Deposition from Isadore Gartrell. Signed by Honorable William W. Caldwell on 3/7/12 (pw, ) (Entered: 03/07/2012)
48 Joint MOTION for Extension of Time to Complete Discovery by Isadore Gartrell. (Attachments: # 1 Exhibit A)(McPherson, Kelsey) (Entered: 04/26/2012)
49 ORDER granting 48 Motion for Extension of Time to Complete Discovery. Fact discovery will be completed on or before 7/31/2012.Signed by Honorable William W. Caldwell on 4/27/12. (am, ) (Entered: 04/27/2012)
50 MOTION for Extension of Time to to complete Fact Discovery by Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Howard Hufford, Kruleski, T.R. Sniezek, USA Attorney General. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Thiel, G.) (Entered: 07/27/2012)
51 ORDER − AND NOW, this 30th day of July, 2012, upon con. of defts.' mtn. for an ext. of time of fact discovery, 50 IT IS HEREBY ORDERED that the mtn. is GRANTED. The fact discovery ddl. set forth in the 4/27/12 Order is ext'd. until 10/31/2012. Signed by Honorable William W. Caldwell on 7/30/12 (am, ) (Entered: 07/30/2012)
52 SCHEDULING ORDER: Pretrial Conference set for 1/3/2013 @ 11:00 AM in chambers, 9th Flr., Fed. Bldg., Third &Walnut Sts., PA before Honorable William W. Caldwell. Jury Selection/Jury Trial set for 1/7/2013 @ 9:30 AM in Courtroom 1, 9th Flr., Fed. Bldg., Hbg., PA before Honorable William W. Caldwell. Pretrial Memos due 2 days prior to the conference. (See order for complete details.) Signed by Honorable William W. Caldwell on 11/14/12. (am) (Entered: 11/14/2012)
53 Joint MOTION to Reset Trial Date by Isadore Gartrell. (Attachments: # 1 Proposed Order)(McPherson, Kelsey) (Entered: 12/21/2012)
54 ORDER granting 53 Motion for a 120 day continuance of trial. Trial of this case is scheduled for Monday, May 6, 2012. The pretrialconference scheduled for Thursday, January 3, 2013, is rescheduled to April 30, 2013 at 9:30 a.m. Signed by Honorable William W. Caldwell on 1/2/13 (pw) (Entered: 01/02/2013)
55 SCHEDULING ORDER: Pretrial Conference set for 4/30/2013 @ 9:30 AM in my chambers, 9th Flr., Fed. Bldg., Third &Walnut Sts., Hbg. Jury Selection/Jury Trial set for 5/6/2013 09:30 AM in Harrisburg − Courtroom 1 before Honorable William W. Caldwell. Pretrial Memos due two days prior to the conference. (See order for complete details.) Signed by Honorable William W. Caldwell on 3/14/13. (am) (Entered: 03/14/2013)
56 Joint MOTION to Stay All Deadlines Pending Settlement by Isadore Gartrell. (Attachments: # 1 Proposed Order)(McPherson, Kelsey) (Entered: 04/25/2013)
57 JOINT MOTION for a Stay of all dealines pending settlementby defendants Brandt, O.E. Brown, Jorge Castaneda, Federal Bureau of Prisons, Isadore Gartrell, Howard Hufford, Kruleski, T.R. Sniezek, US Attorney, USA Attorney General. (Attachments: # 1 Proposed Order)(jc) (Entered: 04/26/2013)
58 SCHEDULING ORDER: − AND NOW, this 29th day of April, 2013, upon consideration of the parties' joint mtn. 56 57 for a 30−day stay of all ddls., it is ORDERED that said mtn. is GRANTED. This case is placed on the June 2013 trial list of this court, which begins on Monday, 6/10/13. The p.t. conf. is cont'd. to

Case: 1:10-cv-2160 As of: 06/22/2014 11:20 AM EDT 8 of 8

05/31/2013 06/03/2013

Tuesday, 6/4/13, @ 3:00 p.m. All other provisions of the crt.'s pre−trial &trial sched. order dtd. 3/14/13 shall remain in effect. Signed by Honorable William W. Caldwell on 4/29/13. (am) (Entered: 04/29/2013)
59 NOTICE of Settlement (Joint) by Isadore Gartrell (Attachments: # 1 Propsed Order)(McPherson, Kelsey) 60 (Entered: 05/31/2013)
60 ORDER DISMISSING CASE − AND NOW, this 3rd day of June, 2013, upon consideration of the joint notice of settlement 59 , filed by the parties on 5/31/13, it is ORDERED that this case is DISMISSED with prejudice. Signed by Honorable William W. Caldwell on 6/3/13. (am) (Entered: 06/03/2013)