Case: Hall v. Cooper

1:78-cv-00552 | U.S. District Court for the Southern District of Alabama

Filed Date: Oct. 10, 1978

Closed Date: June 1, 1999

Clearinghouse coding complete

Case Summary

On October 10, 1978 an Alabama state prisoner filed a civil rights lawsuit under 42 U.S.C. § 1983 against corrections officials concerning his right to engage in certain religious practices while incarcerated. According to a later opinion in the case, Hall v. Cooper, 78-0552,1999 U.S. Dist. LEXIS 8765 (June 1, 1999), on March 31, 1982, the United States District Court for the Southern District of Alabama (Judge Virgil Pittman) issued an injunctive decree allowing plaintiff to use incense durin…

On October 10, 1978 an Alabama state prisoner filed a civil rights lawsuit under 42 U.S.C. § 1983 against corrections officials concerning his right to engage in certain religious practices while incarcerated. According to a later opinion in the case, Hall v. Cooper, 78-0552,1999 U.S. Dist. LEXIS 8765 (June 1, 1999), on March 31, 1982, the United States District Court for the Southern District of Alabama (Judge Virgil Pittman) issued an injunctive decree allowing plaintiff to use incense during religious services, subject to usual security rules. There was some subsequent litigation in the district court, followed by an appeal of the injunction, but the Eleventh Circuit affirmed in 1982. Plaintiff filed several motions for contempt, none of which resulted in contempt findings. From 1984 to 1997, plaintiff filed no additional contempt motions.

On February 26, 1997 plaintiff filed a motion for contempt alleging that he had not been allowed to receive and use incense from 1991 to 1993. Defendants, correctional officers for Kilby Correctional Facility, filed a motion to terminate prospective relief pursuant to the Prison Litigation Reform Act. The Court (Magistrate Judge William Cassady) recommended that inmate's motion for contempt be denied and the prison officials' motion to terminate prospective relief be granted. Hall v. Cooper, 78-0552, 1999 U.S. Dist. LEXIS 9219 (January 19, 1999). Plaintiff filed objections and on review the District Court (Judge Pittman) adopted the Magistrate Judge's recommendations. Hall v. Cooper, 78-0552, 1999 U.S. Dist. LEXIS 8765 (June 1, 1999).

There is a PACER docket, but it has only a caption, and provides no other information on the case.

Summary Authors

Rebecca Bloch (2/15/2006)

People


Judge(s)

Cassady, William E. (Alabama)

Pittman, Thomas Virgil (Alabama)

Judge(s)

Cassady, William E. (Alabama)

Pittman, Thomas Virgil (Alabama)

Documents in the Clearinghouse

Document

Docket (PACER)

Hall v. Commissioner Cooper

Sept. 2, 1986 Docket

Opinion

1999 U.S.Dist.LEXIS 9219

Jan. 19, 1999 Order/Opinion

Order/Opinion

1999 U.S.Dist.LEXIS 8765

July 1, 1999 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Alabama

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 10, 1978

Closing Date: June 1, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate who was banned from receiving and using incense from 1991 to 1993 in the prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alabama DOC, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Order Duration: 1982 - 1999

Issues

General:

Loss or damage to property

Religious programs / policies

Type of Facility:

Government-run