Case: Blue v. Lockhart

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

Filed Date: Dec. 5, 1984

Closed Date: 1993

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 Blue v. Lockhart, 986 F.2d 502 (8th Cir. 1993), unpublished (1993 WL 46896 8th Cir. Ark.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 attorneys, 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

Docket (PACER)

Blue v. Arkansas DOC

April 9, 1997 Docket

[Order Per Curiam]

U. S. Court of Appeals for the Eighth Circuit

986 F.2d 502, 1993 U.S.App.LEXIS 8884

Feb. 25, 1993 Order/Opinion

Docket

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

Last updated May 19, 2022, 11:38 p.m.

ECF Number Description Date Link
135

Order

Aug. 3, 2020 PACER
97

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

May 8, 1991
136

Notice of Appearance

Sept. 10, 2020 PACER
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
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 PACER
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
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
138

Brief in Support

Sept. 10, 2020 PACER
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
139

Amend/Correct

Sept. 28, 2020 PACER
140

Appoint Counsel

Oct. 6, 2020 PACER
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
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
141

Response in Opposition to Motion

1 Exhibit ADC religious policy 505

View on PACER

Oct. 12, 2020 PACER
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
142

Notice of Change of Address

Oct. 13, 2020 PACER
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
143

Response in Opposition to Motion

Oct. 19, 2020 PACER
144

Hearing

Nov. 9, 2020 PACER
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
145

Response to Motion

Nov. 9, 2020 PACER
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
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
146

Response in Opposition to Motion

Nov. 18, 2020 PACER
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
147

Order Reopening Case

Nov. 30, 2020 PACER
148

Amend/Correct

Dec. 16, 2020 PACER
110

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

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
149

Response in Opposition to Motion

Dec. 30, 2020 PACER
112

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

Dec. 17, 1991
150

Response to Motion

Feb. 10, 2021 PACER
151

Reply to Response to Motion

March 12, 2021 PACER
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
152

Mail Returned

May 20, 2021 PACER
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
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 RECAP
115

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

April 16, 1992
116

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

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
118

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

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
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
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
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
123

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

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
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

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

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
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

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

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
129

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

Oct. 11, 1994
130

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

Jan. 23, 1995
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
132

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

April 9, 1997

State / Territory: Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 5, 1984

Closing Date: 1993

Case Ongoing: No

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

Type of Facility:

Government-run