United States District Court, D. Kansas
MEMORANDUM AND ORDER
Crow, U.S. Senior District Judge
matter is a civil action filed under the Religious Land Use
and Institutionalized Persons Act (“RLUIPA”), 42
U.S.C. § 2000cc, filed by a prisoner in state custody.
Plaintiff seeks access to an audio Bible.
is housed in long-term administrative segregation and is
unable to attend congregational worship services (Doc. #1, p.
3). The complaint asserts, in relevant part, that plaintiff
is “required to hear the Bible spoken by someone
reading the Bible” id., p. 7, and that the
denial of access to an audio Bible has prevented him from
this religious exercise. Id. (“the non-hearing
or prevention of hearing the Bible spoken by someone does not
conform with my understanding of the requirements of
Christianity and compels inaction with respect to studying
March 25, 2015, the Court granted defendants' motion to
dismiss this matter. Plaintiff appealed, and on June 14,
2016, the U.S. Court of Appeals for the Tenth Circuit
reversed the dismissal of the action and remanded the matter
for further proceedings (Doc. #103).
then, plaintiff has presented a different version of the
audio Bible to officials of the Kansas Department of
Corrections (“KDOC”). Finding that the new
version of that device does not present the same security
concerns identified with the earlier version of that device,
KDOC officials have allowed him to possess the device,
regardless of his incentive level and disciplinary status, so
long as he abides by facility policies and state and federal
law (Doc. #145, Attach. 1, p. 4, letter describing terms of
possession of device).
motions are pending before the Court, namely:
Doc. #105 plaintiff's motion for summary judgment;
Doc. #113 defendants' motion for summary judgment;
Doc. #116 plaintiff's motion for an extension of time to
respond to defendants' motion;
Doc. #123 plaintiff's motion for permission to allow his
expert to conduct maintenance on the device;
Doc. #124 plaintiff's motion for judgment as a matter of
Doc. #128 plaintiff's third motion for summary ...