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Case: Blue v. Lockhart

5:84-cv-00551 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Dec. 5, 1984

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 5, 1984, a prisoner at the Jefferson County Jail in Arkansas filed a lawsuit under 42 U.S.C. § 1983 against the Arkansas Department of Corrections in the U.S. District Court for the Eastern District of Arkansas, alleging that prison officials had violated his constitutional right to free exercise of his religion. The parties entered into a consent decree.On April 16, 1992 the plaintiff asked the court to hold the defendants in contempt, claiming that they had violated the consent d…

On December 5, 1984, a prisoner at the Jefferson County Jail in Arkansas filed a lawsuit under 42 U.S.C. § 1983 against the Arkansas Department of Corrections in the U.S. District Court for the Eastern District of Arkansas, alleging that prison officials had violated his constitutional right to free exercise of his religion. The parties entered into a consent decree.

On April 16, 1992 the plaintiff asked the court to hold the defendants in contempt, claiming that they had violated the consent decree by canceling an Islamic religious service on April 5, 1992 and holding a Christian service on the same day. On November 27, 1992, the U.S. District Court for the Eastern District of Arkansas (Judge Elsijane T. Roy) denied the plaintiff's motion and dismissed the case.

The plaintiff appealed the district court's decision to dismiss, and on February 25, 1993, the U.S. Court of Appeals for the Eighth Circuit issued a per curiam opinion affirming the judgment of the district court. Blue v. Lockhart, 986 F.2d 502 (8th Cir. 1993), unpublished (1993 WL 46896 8th Cir. Ark. Feb. 25, 1993).

Summary Authors

Kristen Sagar (3/14/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8654994/parties/blue-v-payne/


Judge(s)

Beam, Clarence Arlen (Nebraska)

Hansen, Curtis LeRoy (New Mexico)

Roy, Elsijane Trimble (Arkansas)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Kelly, Lisa A. (West Virginia)

Attorneys(s) for Defendant

Svoboda, Joseph V. (Arkansas)

Judge(s)

Beam, Clarence Arlen (Nebraska)

Hansen, Curtis LeRoy (New Mexico)

Roy, Elsijane Trimble (Arkansas)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Kelly, Lisa A. (West Virginia)

Attorneys(s) for Defendant

Svoboda, Joseph V. (Arkansas)

Documents in the Clearinghouse

Document

5:84-cv-00551

Docket (PACER)

Blue v. Arkansas DOC

April 9, 1997

April 9, 1997

Docket

93-01072

[Order Per Curiam]

U. S. Court of Appeals for the Eighth Circuit

Feb. 25, 1993

Feb. 25, 1993

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8654994/blue-v-payne/

Last updated Nov. 1, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
97

MOTION by plaintiffs Jackie Blue and Alvin E Lovelace for writ of mandamus (jap) (Entered: 05/29/1991)

May 8, 1991

May 8, 1991

98

ORDER by Judge Elsijane T. Roy referring to Magistrate H. D. Young the motion for writ of mandamus [97-1] (cc: all counsel) (jap) (Entered: 06/07/1991)

June 6, 1991

June 6, 1991

99

MOTION by defendant for ext of time to resp to mot for writ of mandamus (jap) Modified on 10/05/1992 (Entered: 06/12/1991)

June 10, 1991

June 10, 1991

100

ORDER by Judge Elsijane T. Roy granting motion for ext of time to resp to mot for writ of mandamus until 7/1/91 [99-1] [97-1] (cc: all counsel) (jap) (Entered: 06/12/1991)

June 11, 1991

June 11, 1991

101

MOTION by defendants for ext of time to resp to mot for writ of mandamus (jap) Modified on 10/05/1992 (Entered: 07/03/1991)

July 1, 1991

July 1, 1991

102

ORDER by Magistrate H. D. Young granting motion for ext of time to resp to mot for writ of mandamus until 7/15/91 [101-1] [97-1] (cc: all counsel) (jap) (Entered: 07/03/1991)

July 2, 1991

July 2, 1991

103

Response by defendant to motion for writ of mandamus [97-1] (jap) Modified on 10/05/1992 (Entered: 07/16/1991)

July 15, 1991

July 15, 1991

104

Findings and Recommendations by Magistrate Judge H. David Young - recommending that pltfs first allegation of noncompliance is w/o merit and that the parties be directed to submit addl pleading addressing concerns re the second and third issues by 8/22/91. [97-1]; obj due 8/4/91 (jap) (Entered: 07/25/1991)

July 24, 1991

July 24, 1991

105

Reply to response to motion for writ of mandamus [97-1] (jap) Modified on 10/05/1992 (Entered: 08/06/1991)

Aug. 1, 1991

Aug. 1, 1991

106

ADDITIONAL pleading and amendment purs to findings and recommendations of 7/24/91 by plaintiff to [104-1] (jap) (Entered: 08/06/1991)

Aug. 1, 1991

Aug. 1, 1991

107

MOTION by defendants for ext of time to file addl pleadings (jap) Modified on 10/05/1992 (Entered: 08/20/1991)

Aug. 19, 1991

Aug. 19, 1991

108

ORDER by Magistrate H. D. Young defts directed to file responsive pleading by 9/6/91 [107-1] (cc: all counsel) (jap) (Entered: 08/26/1991)

Aug. 23, 1991

Aug. 23, 1991

109

RESPONSE by defendant to the Order of the Court (findings and recommendations) [104-1] (jap) Modified on 10/05/1992 (Entered: 09/06/1991)

Sept. 4, 1991

Sept. 4, 1991

110

Reply by plaintiff to defts resp [109-1] (jap) (Entered: 09/12/1991)

Sept. 6, 1991

Sept. 6, 1991

111

Supplemental Findings and Recommendations by Magistrate Judge H. David Young that pltfs motion for Writ of Mandamus be denied [97-1]; objections due 12/14/91 (jap) (Entered: 12/04/1991)

Dec. 3, 1991

Dec. 3, 1991

112

Response by plaintiff Jackie Blue to Supplemental Findings and Recommendations [111-1] (jap) (Entered: 12/20/1991)

Dec. 17, 1991

Dec. 17, 1991

113

MOTION by plaintiff Jackie Blue to modify the agreed modification of agreed final judgment under Federal Right Civil Procedures 60(b) (jap) (Entered: 01/02/1992)

Jan. 2, 1992

Jan. 2, 1992

114

ORDER by Judge Elsijane T. Roy that the Court adopts the Findings and Recommendations [104-1] and the proposed Supplemental Findings and Recommendations in their entirety [111-1]; denying motion for of mandamus [97-1] [113-1] EOD 1/24/92 (cc: all counsel) (jap) (Entered: 01/24/1992)

Jan. 24, 1992

Jan. 24, 1992

115

MOTION by plaintiff Jackie Blue for contempt of Court (jap) (Entered: 04/23/1992)

April 16, 1992

April 16, 1992

116

MOTION by plaintiff Jackie Blue for evidentiary hearing (jap) (Entered: 04/23/1992)

April 16, 1992

April 16, 1992

117

ORDER by Judge Elsijane T. Roy referring to Magistrate H. D. Young the motion for evidentiary hearing [116-1] and the motion for contempt of Court [115-1] (cc: all counsel) (jap) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

118

MOTION for leave to withdraw as atty for pltf by Lisa A. Kelly (jap) (Entered: 05/20/1992)

May 19, 1992

May 19, 1992

119

ORDER by Magistrate H. D. Young granting motion for leave to withdraw as atty for pltfs by Lisa A. Kelly [118-1] (cc: all counsel) (jap) (Entered: 06/05/1992)

June 4, 1992

June 4, 1992

120

NOTICE by defendant of filing: 4/7/82 memorandum and corresponding documents from Imam Raheem to Chaplain Holley; 4/20/92 memorandum and corresponding documents from Chaplain David Smelser to Chaplain Holley (jap) Modified on 10/05/1992 (Entered: 06/17/1992)

June 16, 1992

June 16, 1992

121

MOTION by defts Al-Mustafa Rahim, H Holley and L Lagrone to consolidate with PB-C-92-415 (jap) Modified on 10/05/1992 (Entered: 09/04/1992)

Sept. 2, 1992

Sept. 2, 1992

122

Findings and Recommendation from Magistrate Judge H. David Young recommending that the motion for evidentiary hearing [116-1] and, the motion for contempt of Court be denied [115-1]; objections due 11/2/92 (jap) (Entered: 10/23/1992)

Oct. 22, 1992

Oct. 22, 1992

123

Response to finding and recommendation by plaintiff Jackie Blue [122-1] (jap) (Entered: 11/19/1992)

Nov. 18, 1992

Nov. 18, 1992

124

ORDER by Judge Elsijane T. Roy that the Court adopts the findings and recommendations from Magistrate Young in all respects [122-1]; denying pltf's motion for contempt of Court [115-1] and pltf's motion for evidentiary hearing [116-1] (cc: all counsel) (jap) (Entered: 11/30/1992)

Nov. 27, 1992

Nov. 27, 1992

125

NOTICE of appeal by plaintiffs from District Court decision [124-1] (2 certified copies to Clerk 8USCA with original file), (cc: counsel) (dac) (Entered: 12/29/1992)

Dec. 23, 1992

Dec. 23, 1992

DOCKETING LETTER: 8 USCA Number 93-1072; court will consider this appeal on the original file (dac) (Entered: 01/12/1993)

Jan. 11, 1993

Jan. 11, 1993

126

Opinion (8USCA) having carefully reviewed the record, we find this appeal to be entirely w/o merit; denying motion for appointment of counsel as moot (former empl) (Entered: 03/23/1993)

March 22, 1993

March 22, 1993

127

MANDATE from 8 USCA affirming the decision of the District Court [125-1] in accordance with the opinion of this court; original files remain with 8USCA (former empl) (Entered: 03/23/1993)

March 22, 1993

March 22, 1993

DOCKET NOTE: original files returned from 8 USCA (dac) (Entered: 03/30/1993)

March 30, 1993

March 30, 1993

128

ORDER by Judge Elsijane T. Roy; denying pltf's motion to consolidate with PB-C-92-415 [121-1] (cc: all counsel) (jap) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

129

MOTION by Michael Earl Abraham to reopen the case (jap) (Entered: 10/13/1994)

Oct. 11, 1994

Oct. 11, 1994

130

Letter/response by defendants to motion to reopen the case [129-1] (jap) (Entered: 01/24/1995)

Jan. 23, 1995

Jan. 23, 1995

131

ORDER by Judge Elsijane T. Roy denying motion of Michael Earl Abrams to reopen the case [129-1] (cc: all counsel) (jap) (Entered: 09/26/1995)

Sept. 25, 1995

Sept. 25, 1995

132

PETITION for writ of mandamus (bkp) (Entered: 04/09/1997)

April 9, 1997

April 9, 1997

135

Order

Aug. 3, 2020

Aug. 3, 2020

PACER
136

Notice of Appearance

Sept. 10, 2020

Sept. 10, 2020

PACER
137

Dismiss for Failure to State a Claim

1 Exhibit Exhibit A, 1987 Consent Decree between the parties

View on PACER

2 Exhibit Exhibit B, Declaration of Muhammad Ameen

View on PACER

3 Exhibit Exhibit C, Policy 120 of the ADC's Religious Services Manual

View on PACER

4 Exhibit Exhibit D, Policy 205 of the ADC's Religious Services Manual

View on PACER

5 Exhibit Exhibit E, Policy 310 of the ADC's Religious Services Manual

View on PACER

6 Exhibit Exhibit F, Policy 510 of the ADC's Religious Services Manual

View on PACER

7 Exhibit Exhibit G, Policy 545 of the ADC's Religious Services Manual

View on PACER

8 Exhibit Exhibit H, Policy 605 of the ADC's Religious Services Manual

View on PACER

Sept. 10, 2020

Sept. 10, 2020

PACER
138

Brief in Support

Sept. 10, 2020

Sept. 10, 2020

PACER
139

Amend/Correct

Sept. 28, 2020

Sept. 28, 2020

PACER
140

Appoint Counsel

Oct. 6, 2020

Oct. 6, 2020

PACER
141

Response in Opposition to Motion

1 Exhibit ADC religious policy 505

View on PACER

Oct. 12, 2020

Oct. 12, 2020

PACER
142

Notice of Change of Address

Oct. 13, 2020

Oct. 13, 2020

PACER
143

Response in Opposition to Motion

Oct. 19, 2020

Oct. 19, 2020

PACER
144

Hearing

Nov. 9, 2020

Nov. 9, 2020

PACER
145

Response to Motion

Nov. 9, 2020

Nov. 9, 2020

PACER
146

Response in Opposition to Motion

Nov. 18, 2020

Nov. 18, 2020

PACER
147

Order Reopening Case

Nov. 30, 2020

Nov. 30, 2020

PACER
148

Amend/Correct

Dec. 16, 2020

Dec. 16, 2020

PACER
149

Response in Opposition to Motion

Dec. 30, 2020

Dec. 30, 2020

PACER
150

Response to Motion

Feb. 10, 2021

Feb. 10, 2021

PACER
151

Reply to Response to Motion

March 12, 2021

March 12, 2021

PACER
152

Mail Returned

May 20, 2021

May 20, 2021

PACER
153

ORDER granting 137 motion to dismiss; denying 139 motion to amend the Consent Decree; denying 140 motion to appoint counsel; denying 144 motion for evidentiary hearing; denying 148 motion to amend complaint; and directing the Clerk to substitute Dexter Payne, Division of Correction Director of the ADC, in his official capacity, as the named defendant in this action. Signed by Judge Kristine G. Baker on 9/30/2021. (jbh)

Sept. 30, 2021

Sept. 30, 2021

RECAP

Case Details

State / Territory: Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 5, 1984

Closing Date: 1993

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prisoner alleging that prison officials violated a consent decree when they cancelled an Islamic religious service previously scheduled for April 5, 1992, but held a Christian service on the same day

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arkansas Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run