Case: Cooper v. Pate

In 1963, an Illinois state prisoner who was a member of the Nation of Islam filed this §1983 suit in the United States District Court for the Northern District of Illinois, against his warden and the Illinois Director of Public Safety, alleging a violation of the prisoner's rights under the 14th, 8th, and 4th Amendments. Specifically, Plaintiff alleged that he was denied permission to obtain and read certain publications, to consult with ministers of his faith, and to attend religious services, solely because of his particular sect of Muslim religious beliefs. Furthermore, Plaintiff alleged that the state placed him in solitary confinement and in a segregation unit because of hostility towards his religion. Plaintiff sought declaratory and injunctive relief.

The Court (Judge Richard B. Austin) dismissed the petition for failure to state a claim for which relief can be granted. On November 5, 1963, the 7th Circuit (Circuit Judge Duffy) affirmed the dismissal. 324 F.2d 165 (7th Cir. 1963). On June 22, 1964, the Supreme Court reversed the dismissal; without elaboration, the Court held: "Taking as true the allegations of the complaint, as they must be on a motion to dismiss, the complaint stated a cause of action and it was error to dismiss it." 378 U.S.546 (1964) (per curiam). This was the first modern prisoner civil rights lawsuit the Supreme Court allowed to proceed.

On remand, the District Court (Judge Richard B. Austin) held a trial. On July 23, 1965, the Court issued an opinion and order enjoining Defendants from (1) refusing to allow Plaintiff and other followers of Elijah Muhammad to purchase copies of the Holy Quran; (2) categorically refusing to allow followers of Elijah Muhammad to communicate by mail and visit with ministers of their faith; and (3) categorically refusing to allow followers of Elijah Muhammad to attend religious services. The Court also held that Plaintiff's religion did not entitle him to access to special newspapers and language books, and that Plaintiff's incarceration in a segregation unit was not due to his religion. Plaintiff and Defendant appealed different aspects of the judgment.

On June 29, 1967, the Seventh Circuit (Judge Fairchild) affirmed the trial court's injunction and opinion. 382 F.2d 518.