Case: Muslim Community v. Colorado Department of Corrections

1:90-cv-00145 | U.S. District Court for the District of Colorado

Filed Date: Jan. 24, 1990

Clearinghouse coding complete

Case Summary

On January 24, 1990, prisoners filed a class action lawsuit under 42 U.S.C. § 1983 against the Colorado Department of Corrections in the U.S. District Court for the District of Colorado. The plaintiffs alleged that the defendants had violated their constitutional right to religious freedom by failing to: (1) hire an Islamic chaplain, (2) allocate funds for Islamic materials and programs, (3) accommodate Islamic dietary requirements, (4) allocate space for Islamic materials, and by (5) discrimi…

On January 24, 1990, prisoners filed a class action lawsuit under 42 U.S.C. § 1983 against the Colorado Department of Corrections in the U.S. District Court for the District of Colorado. The plaintiffs alleged that the defendants had violated their constitutional right to religious freedom by failing to: (1) hire an Islamic chaplain, (2) allocate funds for Islamic materials and programs, (3) accommodate Islamic dietary requirements, (4) allocate space for Islamic materials, and by (5) discriminatory transfers of some Islamic inmates.

On May 29, 1992, the parties reached a settlement agreement, which the U.S. District Court for the District of Colorado (Judge Richard Matsch) adopted on December 7, 1992. On December 22, 1992, several plaintiffs who did not like the settlement agreement asked the court to reopen the case and enjoin the enforcement of the agreement. On November 24, 1993, the court (Judge Matsch) denied the motion to reopen the case. The plaintiffs appealed.

On April 8, 1994, the United States Court of Appeals for the Tenth Circuit (Judges James Logan, Oliver Seth, and James Barrett) affirmed the lower court's refusal to reopen the case. Wilson v. Hamilton, 1994 WL 117480 (10th Cir.(Colo.), April 8, 1994).

On March 17, 1999, the plaintiffs again asked the court to reopen the case, and on May 23, 1999, the court (Judge Matsch) again denied the request. We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (3/28/2006)

People


Judge(s)

Barrett, James Emmett (Colorado)

Logan, James Kenneth (Kansas)

Matsch, Richard Paul (Colorado)

Seth, Oliver (New Mexico)

Attorneys(s) for Plaintiff

DeGette, Diana L. (Colorado)

Miller, David H. (Colorado)

Attorneys(s) for Defendant

Lievers, Carolyn J. (Colorado)

Judge(s)

Barrett, James Emmett (Colorado)

Logan, James Kenneth (Kansas)

Matsch, Richard Paul (Colorado)

Seth, Oliver (New Mexico)

Attorneys(s) for Plaintiff

DeGette, Diana L. (Colorado)

Miller, David H. (Colorado)

Attorneys(s) for Defendant

Lievers, Carolyn J. (Colorado)

Documents in the Clearinghouse

Document

Docket (PACER)

Muslim Community v. Colorado DOC

April 26, 1999 Docket

Order and Judgment

Wilson v. Gunter

U. S. Court of Appeals for the Tenth Circuit

21 F.3d 1123, 1994 WL 117480, 1994 U.S.App.LEXIS 17819

April 8, 1994 Order/Opinion

Docket

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

ECF Number Description Date Link
1

MOTION by plaintiff Wayne Butler for order to dismiss Wayne Butler, as member of action under Rule 23 (former empl) Modified on 01/16/1992 (Entered: 06/20/1990)

June 18, 1990
2

COURTROOM MINUTES (Evidentiary Hrg) by Magistrate Richard B. Harvey, witnesses, exhbts, cop-pla, Reynolds dismissed as party; co-pla, Wayne Butler dropped as party (per his own motion); Attached pla's exhbt list (former empl) Modified on 01/16/1992 (Entered: 07/09/1990)

June 19, 1990
3

MAGISTRATE'S RECOMMENDATION by Magistrate Richard B. Harvey, that claim not be dismissed and that it be processed for a future trial by a US Judge (cc: all counsel) (former empl) (Entered: 01/17/1991)

Jan. 16, 1991

MAGISTRATE'S RECOMMENDATION that Jerry Hobley, Robert Boyd & David Major not be considered as plas since they are not now at AVCF; that Mag Order granting Wayne Butler's mtn to dismiss him as party be confirmed; that James Day, Masuood Ahmad, Woody Harrison, Bruce Sims & Michael Poston be dismissed as plas since they are no longer at AVCF; that case not be dismissed and that it proceed for a future trial by US Judge; Objections to Mag Rec filed by plas 2/1/91 by Magistrate Judge Richard B. Harvey (cc: all counsel) ; entry date : 12/5/91 (former empl) Modified on 01/16/1992 (Entered: 12/05/1991)

Jan. 16, 1991
4

MOTION by plaintiff William Wilson to extend time to file response to Magistrate's Recommendation to 2/4/91 (former empl) (Entered: 01/30/1991)

Jan. 30, 1991
5

MINUTE ORDER : by Judge Richard P. Matsch granting motion to extend time to file response to Magistrate's Recommendation to 2/4/91 [4-1] (cc: all counsel) (former empl) (Entered: 01/31/1991)

Jan. 30, 1991
6

LETTER to court from plaintiff William Wilson re documents to be filed (former empl) (Entered: 02/04/1991)

Feb. 1, 1991
7

MOTION by plaintiff William Wilson for leave to substitute parties; Mr. William Price, Superintendent of AVCF as dft in place of Mr. Ernie Pyle (former empl) (Entered: 02/04/1991)

Feb. 1, 1991
8

OBJECTIONS by plas Lawrence Whittaker, Mark Young, Abbass Rostami, Gary Thorpe, Frederick Davis, Eddie Owens, Russell Draper, Leonard Bell, John Austin by William Wilson to Magistrate's Recommendation [3-1] (former empl) (Entered: 02/04/1991)

Feb. 1, 1991
9

MOTION by plaintiff Richard I. Bowen to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

Feb. 1, 1991
10

MOTION by plaintiff George White to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

Feb. 1, 1991
11

MOTION by plaintiff Kenneth Ballard to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

Feb. 1, 1991
12

MOTION by plaintiff Alvin Johnson to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

Feb. 1, 1991
13

MOTION by plaintiff Harry - Hall to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

Feb. 1, 1991
14

MOTION by plaintiff Keith Paul to proceed in forma pauperis w/supporting affidavit (former empl) (Entered: 02/04/1991)

Feb. 1, 1991
15

ORDER Directing Reassignment of Civil Action by Judge Richard P. Matsch Case reassigned to Judge Jim R. Carrigan (cc: all counsel) (former empl) (Entered: 03/04/1991)

March 1, 1991
16

ORDER by Judge Jim R. Carrigan re [15-1] Case reassigned to Judge Richard P. Matsch (cc: all counsel) (lam) (Entered: 04/25/1991)

April 24, 1991
17

ORDER by Judge Richard P. Matsch appointing Daivd Miller as atty for plfs (cc: all counsel) (former empl) (Entered: 04/30/1991)

April 29, 1991
18

NOTICE by plaintiff William Wilson of change of address (former empl) (Entered: 05/09/1991)

May 6, 1991
19

MOTION by 3rd party plas Courtney Sewell, Adolphus Hailey, John R. Oliver, Bernard Horne, William Wilson, Abron J. Arrington, Karl D. Walker, Willie Hayward to intervene as parties in 90-M-145 , or in the alternative for leave requesting permissive joinder of parties to for permissive joinder of parties with attachments. (former empl) Modified on 01/16/1992 (Entered: 05/13/1991)

May 10, 1991
20

MOTION by 3rd pty plas Willie Ware, Harry Hall, Salahuddin Najar, Dennis C. Germany, Earnest D. McNeal, Abdullah Kru Amin to intervene as parties , or in the alternative for leave for permissive joinder of parties (former empl) Modified on 01/16/1992 (Entered: 06/04/1991)

June 3, 1991
21

ATTORNEY APPEARANCE for plas, William Wilson, et al by Diana L. DeGette (lam) (Entered: 06/14/1991)

June 13, 1991
22

LETTER to court by Adolphus Hailey aka Akeem Abdul Makin re mtn to intervene as parties filed 5/10/91 and several mtns to proceed in forma pauperis (former empl) (Entered: 06/20/1991)

June 18, 1991
23

MINUTE ORDER : by Judge Richard P. Matsch ; Status Conference set 2:00 12/13/91 in Room C-425 (cc: all counsel) ; entry date : 11/18/91 (former empl) (Entered: 11/18/1991)

Nov. 15, 1991
24

MOTION by dfts Colorado Dept. Of Co, Henry Solano, George Sullivan, Carlos Baca, Willia J. Wilson, Mark McGoff, Lou Hesse, Ben Johnson, Thomas Cooper, Warren Diesslin, James Brittain to withdraw attorney Carolyn Lievers (former empl) (Entered: 11/21/1991)

Nov. 20, 1991
25

ORDER by Judge Richard P. Matsch granting motion to withdraw [24-1] attorney Carolyn Lievers for Warren Diesslin, attorney Carolyn Lievers for Thomas Cooper, attorney Carolyn Lievers for Ben Johnson, attorney Carolyn Lievers for Lou Hesse, attorney Carolyn Lievers for Mark McGoff, attorney Carolyn Lievers for Carlos Baca, attorney Carolyn Lievers for George Sullivan, attorney Carolyn Lievers for Colorado Dept. Of Co; newcounsel to appear for defs (cc: all counsel) ; entry date : 11/29/91 (former empl) (Entered: 11/29/1991)

Nov. 27, 1991
26

MOTION by plaintiffs, defendants to continue status conf set 12/13/91 and reset it in the last week of January, 1992 (former empl) (Entered: 12/10/1991)

Dec. 9, 1991
27

MINUTE ORDER : by Judge Richard P. Matsch ; Status Conference set 2:00 4/1/92 in Room C-425 (cc: all counsel) ; entry date : 3/13/92 (former empl) (Entered: 03/13/1992)

March 12, 1992
28

NOTICE by plaintiffs of attorney change of address of Diana L. DeGette (gms) (Entered: 03/18/1992)

March 18, 1992
29

STATUS REPORT by plaintiff...plas propose that case be cont'd to 5/1/92 for parties to reach final settlement agreement (former empl) (Entered: 04/02/1992)

April 1, 1992
30

COURTROOM MINUTES (Status Conference) by Judge Richard P. Matsch ; Status Conference held 2:00 4/1/92; Status Report ddl set 6/1/92 ; cnsl have 60 days to report back to the court as to the posting and information dissemination; entry date : 4/2/92 (former empl) (Entered: 04/02/1992)

April 1, 1992
31

SETTLEMENT Agreement by plaintiffs and defendants (former empl) (Entered: 06/01/1992)

May 29, 1992
32

ORDER Certifying Settlement Class and Directing Notice of Hearing by Judge Richard P. Matsch re settlement agreement [31-1]...a class is formed consisting of all inmates at AVCF who participate in Muslim religious activities and that a hrg under Rule 23(e) will be held on 8/6/92; Clerk shall sign attached form of notice and dfts shall post copy of notice in every living unit, in places reserved for Muslim religious activities, and shall give a copy of ntc and settlement docs to every inmate who participated in Muslim Ramadan and feast activities in 1992 (cc: all counsel) ; entry date : 6/17/92 (former empl) (Entered: 06/17/1992)

June 16, 1992
33

Letter (Notice of Hearing) by court regarding setting hearing to approve proposed settlement [31-1] at 2:00 on 8/6/92; written comments or objections to the proposed settlement must be mailed to Clerk at P.O. Box 1618, Denver, CO 80201 and postmarked no later than 7/24/92 (former empl) (Entered: 06/17/1992)

June 16, 1992
34

LETTER to court from all plaintiffs re the Islamic Community did not accept the settlement offer (former empl) (Entered: 07/14/1992)

July 13, 1992
35

OBJECTIONS by John D. Hamilton to settlement notice [31-1] (former empl) (Entered: 07/24/1992)

July 23, 1992
36

LETTER to court from plaintiff re Islamic Community did not accept settlement offer (former empl) (Entered: 07/28/1992)

July 27, 1992
37

OBJECTION by plaintiffs to settlement agreement and notification of ineffective assistance of counsel (former empl) (Entered: 07/28/1992)

July 27, 1992
38

COURTROOM MINUTES (Settlement Hearing) by Judge Richard P. Matsch settlement notice [31-1] hearing held on 2:00 8/6/92; Order of Reference will enter for Mag Judge Schlatter to hold a hrg under Rule 23; entry date : 8/7/92 (former empl) (Entered: 08/07/1992)

Aug. 6, 1992
40

Letter by court regarding ; In Court Hearing set 9:30 9/23/92 re Rule 23 (E) of FRCP at AVCF before Mag Schlatter (former empl) (Entered: 08/27/1992)

Aug. 24, 1992
41

NOTICE by defendantsi of arrangements made for the FRCP 23e hrg scheduled (former empl) (Entered: 09/18/1992)

Sept. 18, 1992
42

MOTION by class plaintiffs to withdraw attorney Diana L. DeGette (former empl) (Entered: 09/21/1992)

Sept. 18, 1992
43

ORDER by Magistrate Judge O. E. Schlatter granting motion to withdraw attorney Diana L. DeGette [42-1]; attorney Diana L. DeGette withdrawn for Saleem Suleiman, for Keith Mayfield, for John Austin, for Lennie Billings, for Emerson Walters, for Leonard Bell, for Russell Draper, for Michael Poston, for Patriek Daniels, for Eddie Owens, for Frederick Davis, for William Wilson, for David Major, for Bruce Sims, for Leroy Houston, for Gary Thorpe, for Woody Harrison, for Robert Boyd, for Masuood Ahmad, for Jerry Hobley, for Abbass Rostami, for Mark Young, for Day James, for Lawrence Whittaker, for Christopher Guss, for Muslim Community Of (cc: all counsel) ; entry date : 9/28/92 (former empl) (Entered: 09/28/1992)

Sept. 22, 1992
44

ORDER by Judge Richard P. Matsch granting motion to withdraw attorney Diana L. DeGette [42-1] (cc: all counsel) ; entry date : 10/13/92 (former empl) (Entered: 10/13/1992)

Oct. 9, 1992
45

Certified Copy of TRANSCRIPT of proceedings of hearing before Mag Judge Schlatter at 11:50 am on 9/23/92 at AVCF; Vol I; pgs 1-101 (former empl) (Entered: 10/21/1992)

Oct. 21, 1992
46

MEMORANDUM by Magistrate Judge O. E. Schlatter terminating case referral motion to intervene as parties [20-1], motion for leave for permissive joinder of parties [20-2], motion to intervene as parties in 90- M-145 [19-1], motion for leave requesting permissive joinder of parties to for permissive joinder of parties [19-2], motion for leave to substitute parties; Mr. William Price, Superintendent of AVCF as dft in place of Mr. Ernie Pyle [7-1] (former empl) (Entered: 11/06/1992)

Nov. 4, 1992
47

MAGISTRATE'S RECOMMENDATION by Magistrate Judge O. E. Schlatter concerning that the settlement agreement be approved (cc: all counsel) ; entry date : 11/6/92 (former empl) (Entered: 11/06/1992)

Nov. 4, 1992
48

EXHIBIT-Policy Coordination re:Islamic Religious Practices (former empl) (Entered: 11/06/1992)

Nov. 4, 1992
49

ORDER Approving Settlement Agreement by Judge Richard P. Matsch adopting [47-1] - Magistrate's Recommendation; settlement agreement accepted and approved and dfts will proceed to implement it; jurisdiction is preserved for entry of such future orders as may be required for implementation of this settlement; civil action is now dismissed, subject to re-opening, upon showing of good cause, for such addtl court action as necessary for implentation and enforcement of settlement agreement; dismissing case (cc: all counsel) ; entry date : 12/7/92 (former empl) (Entered: 12/07/1992)

Dec. 7, 1992
50

MOTION by Nation of Islam by and through Willie T. Hayes, John X. Hamilton for rehearing pursuant to Rule 59, FRCP (former empl) (Entered: 12/23/1992)

Dec. 22, 1992
51

ORDER by Judge Richard P. Matsch denying motion for rehearing pursuant to Rule 59, FRCP [50-1] (cc: all counsel) ; entry date : 1/4/93 (former empl) (Entered: 01/04/1993)

Dec. 31, 1992
52

NOTICE OF APPEAL by Class Member John X. Hamilton (Notice of Appeal states that "Plaintiffs hereby appeal") in re order [51-1] of 12/31/92; Notice mailed to all counsel on 1/28/93 Fee Status: $100 fee and $5 fee not paid (gms) (Entered: 01/28/1993)

Jan. 27, 1993
53

Case No. 93-1036 assigned by the Court of Appeals. [52-1] Filing fees due within 40 days (gms) (Entered: 02/26/1993)

Feb. 25, 1993
54

Copy of LETTER (Re: [52-1] ) from USCA to John X. Hamilton advising if he wishes to proceed in forma pauperis, he is to file a motion with the District Court. (gms) (Entered: 03/15/1993)

March 12, 1993
55

LETTER (Re: [52-1] ) to USCA advising that the $100 docket fee and the $5.00 filing fee have not been paid and a motion to proceed on appeal ifp has not been filed. (gms) (Entered: 04/14/1993)

April 14, 1993
56

MOTION by John X. Hamilton for leave to appeal in forma pauperis (gms) (Entered: 04/20/1993)

April 20, 1993
57

AFFIDAVIT of John X. Hamilton in support of motion for leave to appeal in forma pauperis [56-1] (gms) (Entered: 04/20/1993)

April 20, 1993
58

LETTER from USCA to USDC re: IFP status (Re: [52-1] ) (former empl) (Entered: 07/07/1993)

July 6, 1993
59

LETTER from USDC to USCA (motion for leave to appeal IFP pending) (Re: [52-1] ) (former empl) (Entered: 07/20/1993)

July 20, 1993
60

LETTER (Re: [52-1] ) from USCA to Judge Matsch requesting determination be made on appellant's motion for leave to appeal ifp (gms) (Entered: 10/07/1993)

Oct. 6, 1993
61

ORDER by Judge Richard P. Matsch (re appeal [52-1] ) granting appellant leave to appeal in forma pauperis. Court reporter to prepare transcript without prepayment of fees. (Court of Appeals notified) (cc: all counsel) (gms) (Entered: 10/13/1993)

Oct. 12, 1993
63

MOTION by Willie Ware, Woody Harrison to reopen this action (copy only received) (gms) Modified on 11/05/1993 (Entered: 11/05/1993)

Nov. 4, 1993
64

MOTION by Willie Ware, Woody Harrison for order to change the names of the parties of this actioni (to Woody Harrison, et al, vs. Aristed Zavaras and Robert J. Furlong) (copy only received) (gms) (Entered: 11/05/1993)

Nov. 4, 1993
65

NOTICE by Willie Ware, Woody Harrison of Motion to Reopen and Rentitle Case (gms) (Entered: 11/05/1993)

Nov. 4, 1993
66

ORDER by Judge Richard P. Matsch denying motion to reopen this action [63-1], denying motion for order to change the names of the parties of this actioni (to Woody Harrison, et al, vs. Aristed Zavaras and Robert J. Furlong) [64-1] (cc: all counsel) ; entry date : 11/24/93 (gms) (Entered: 11/24/1993)

Nov. 24, 1993
67

MANDATE from the Court of Appeals; CA # 93-1036; Dt issued 4/8/94; ORDER and JUDGMENT dated 4/8/94 affirming the decision of the District Court on appeal [52-1] (gms) (Entered: 04/11/1994)

April 8, 1994

RECORD on appeal consisting of Volumes I and II; appeal [52-1] returned from the Court of Appeals. (gms) (Entered: 06/15/1994)

June 15, 1994
68

MOTION by plaintiff for appointment of counsel (former empl) (Entered: 05/22/1997)

May 21, 1997
69

MOTION by plaintiff to enforce settlement (former empl) (Entered: 05/22/1997)

May 21, 1997
70

ORDER by Chief Judge Richard P. Matsch denying motion to enforce settlement [69-1] (cc: all counsel) ; entry date : 4/13/98 (lam) (Entered: 04/13/1998)

April 9, 1998
71

MINUTE ORDER : by Chief Judge Richard P. Matsch finding the motion for appointment of counsel [68-1] moot (cc: all counsel) ; entry date : 4/13/98 (lam) (Entered: 04/13/1998)

April 9, 1998

MAIL Returned order [70-1] [70-1] sent to ACLU (former empl) (Entered: 04/14/1998)

April 14, 1998
72

MOTION by Robert Settles, Robert Jackson et al to intervene as plfs (former empl) (Entered: 03/18/1999)

March 17, 1999
73

MOTION by plaintiffs for civil contempt and to reopen the case (former empl) (Entered: 03/18/1999)

March 17, 1999
74

MOTION by plaintiffs for infringement ( order) (former empl) (Entered: 03/18/1999)

March 17, 1999
75

ORDER by Chief Judge Richard P. Matsch striking motion for infringement ( order) [74-1], striking motion for civil contempt and to reopen the case [73-1], striking motion to intervene as plfs [72-1] (cc: all counsel) ; entry date : 3/24/99 (former empl) (Entered: 03/24/1999)

March 23, 1999

MAIL Returned order [75-1] [75-1] addressed to Abdal Bashshar (former empl) (Entered: 04/14/1999)

March 29, 1999

MAIL Returned order [75-1] [75-1] addressed to Amer Civil Liberties Union (former empl) (Entered: 04/14/1999)

March 29, 1999

MAIL Returned order [75-1] [75-1] addressed to Abdallah Moaney (former empl) (Entered: 04/14/1999)

March 29, 1999
76

MOTION to intervene as plaintiffs (former empl) (Entered: 04/22/1999)

April 19, 1999
77

ORDER by Chief Judge Richard P. Matsch striking motion to intervene as plaintiffs [76-1] (cc: all counsel) ; entry date : 4/23/99 (former empl) (Entered: 04/23/1999)

April 20, 1999

MAIL Returned order [77-1] [77-1] addressed to plaintiff (former empl) (Entered: 04/26/1999)

April 23, 1999

MAIL Returned order [77-1] [77-1] addressed to plaintiff Muslim Community Of (former empl) (Entered: 05/05/1999)

April 26, 1999

MAIL Returned order [77-1] [77-1] addressed to plaintiff Muslim Community Of (former empl) (Entered: 05/05/1999)

April 26, 1999

State / Territory: Colorado

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 24, 1990

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners of the state of Colorado

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Colorado Department of Corrections, 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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1992 - 0

Issues

General:

Classification / placement

Religious programs / policies

Type of Facility:

Government-run