Case: Muhammad v. Keve

1:77-cv-00221 | U.S. District Court for the District of Delaware

Filed Date: June 14, 1977

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Case Summary

In 1977, Muslim inmates of the Delaware Correctional Center filed a pro se suit in the District of Delaware against prison officials. The plaintiffs alleged violations of the First and Fourteenth Amendments. Specifically, plaintiffs alleged that the food service policies and treatment by the staff violated their right to free expression of religion, because the dietary restrictions required by their Muslim observance were not being accommodated.Shortly after the complaint was filed in August …

Shortly after the complaint was filed in August 1977, the District Court (Judge Walter Stapleton) partially granted plaintiffs' motion for a preliminary injunction requiring defendants to assign one of the plaintiffs to work in the food preparation area and monitor the ingredients and procedures. It was at this time that the plaintiffs amended their complaint to include allegations of retaliatory treatment by the staff responding to plaintiffs' religiously inspired name changes.

After entry of the preliminary injunction, the case went to trial. Judge Stapleton held that the defendants had violated the plaintiffs' rights to free expression by failing to provide a pork-free diet and by prohibiting the plaintiffs' use of Muslim names. Muhammad v. Keve, 479 F. Supp. 1311 (D. Del. 1979). Judge Stapleton issued an injunction that assured plaintiffs' access to information regarding pork content in their food, delivery of mail addressed to their Muslim names, and freedom from punishment resulting from failure to acknowledge plaintiffs' non-Muslim names. In addition, each plaintiff was awarded judgment against Superintendent Redman in his favor in the amount of one dollar.

The docket indicates some attempt at enforcement by several inmates in the late 1990s. The inmate who filed the motion to enforce was among the plaintiffs who settled the case with the correctional center instead of going to the court. The court thus concluded the inmate did not have standing. Moreover, the court concluded the correctional center generally has complied with the court order to address the food and name issue.

Summary Authors

John Maksymonko (7/22/2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4221872/parties/muhammad-v-keve/

Judge(s)

Robinson, Sue Lewis (Delaware)

Stapleton, Walter King (Delaware)

Attorney for Plaintiff

Fatir, Amir (Delaware)

Attorney for Defendant

Parkins, John A. Jr. (Delaware)

Shannon, Joseph S. (Delaware)

Judge(s)

Robinson, Sue Lewis (Delaware)

Stapleton, Walter King (Delaware)

Attorney for Plaintiff

Fatir, Amir (Delaware)

Attorney for Defendant

Parkins, John A. Jr. (Delaware)

Shannon, Joseph S. (Delaware)

Waters, Ophelia Michelle (Delaware)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:77-cv-00221	Docket [PACER]	April 30, 2013	April 30, 2013 Docket
71 1:77-cv-00221	Opinion	Oct. 22, 1979	Oct. 22, 1979 Order/Opinion 479 F.Supp. 1311

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4221872/muhammad-v-keve/

Last updated July 9, 2026, 5:36 a.m.

Docket for: Muhammad v. Keve

ECF Number	Date	Description	Link
1	June 14, 1977	ORDER granting leave for petitioners to proceed in forma pauperis; defts. to answer complaint w/in 20 days of service of complaint; pltfs to mail copies of all communications with Court to John A. Parkins, Jr. Esq., Assistant Attorney General of DE. (Notice and copies to pltfs. and AG; exit copies to USM for each dft. ( signed by Judge Walter Stapleton ) (sm)	RECAP
2	June 14, 1977	COMPLAINT with motion to proceed in forma pauperis and affidavit of poverty filed. (Notice and copy to AG of DE; exit copies to USM for each dft.) (sm)	RECAP
6	July 6, 1977	ANSWER to Complaint by Paul Keve, Raymond Anderson, John L. Sullivan, Walter Redman, George Nmn Pippin, Phyllis Patterson. (sm)	RECAP
13	Aug. 16, 1977	OPINION ( signed by Judge Walter Stapleton ) copies to: plaintiff, Attorney General (sm) Modified on 06/27/1997	RECAP
71	Oct. 22, 1979	OPINION ( signed by Judge Walter Stapleton ) copies to: counsel (sm)	Clearinghouse
75	April 9, 1980	FINAL JUDGMENT that non-obvious pork food will not be acceptable from vendors and will be returned; such food not be served to pltfs knowingly; dfts to notify all persons responsible of preparation of foods that no pork or pork derivatives be added during cooking process; pltfs to select inmate to read labels of all foods obtained for service to DCC inmates in accordance with Order; dfts shall revoke all policies prohibiting use by pltfs of Muslim names; dft Redman shall pay each pltf $1.00 in nominal damages. ( signed by Judge Walter Stapleton ) copies to: pltf. Wilbur Shabazz & Parkins (sm)	RECAP
76	June 18, 1997	MOTION by Masjid Muhammad, Wilbur Shabazz, Rauf Muhammad, Amin Hassan for Sanctions (ntl)	RECAP
77	June 25, 1997	CASE reassigned to Judge Sue L. Robinson . Notice to all parties. (ntl)	RECAP
78	June 26, 1997	RESPONSE by Paul Keve, Raymond Anderson, John L. Sullivan, Walter Redman, George Nmn Pippin, Phyllis Patterson to [76-1] motion for Sanctions (ntl)	RECAP
79	July 1, 1997	ORDER denying [76-1] motion for Sanctions ( signed by Judge Sue L. Robinson ) copies to: pltfs, cnsl (lf)	RECAP
80	July 2, 1997	Reply Brief Filed by Masjid Muhammad, Wilbur Shabazz, Rauf Muhammad, Amin Hassan to motion for sanction (lf)	RECAP
85	July 7, 1997	Return of undeliverable mail sent to plaintiff Rauf Muhammad (lf)	RECAP
81	July 9, 1997	Return of undeliverable mail sent to plaintiff Masjid Muhammad (lf)	RECAP
86	July 9, 1997	Return of undeliverable mail sent to plaintiff Rauf Muhammad (lf)	RECAP
87	July 9, 1997	Return of undeliverable mail sent to plaintiff Amin Hassan (lf)	RECAP
88	July 11, 1997	Return of undeliverable mail sent to plaintiff Wilbur Shabazz (lf)	RECAP
83	July 14, 1997	Return of undeliverable mail sent to plaintiff Masjid Muhammad (lf)	RECAP
84	July 14, 1997	Return of undeliverable mail sent to plaintiff Wilbur Shabazz (lf)	RECAP
82	July 16, 1997	Return of undeliverable mail sent to plaintiff Amin Hassan (lf)	RECAP
89	March 26, 1999	Letter dated 3/26/99 from court to pltf; re: response to letter rqsting status (lf)	RECAP
90	Oct. 13, 1999	Letter dated 10/13/99 from Robert Saunders to Judge Robinson; Re: status (lf)	RECAP
91	Oct. 20, 1999	Letter dated 10/20/99 from Stuart Drowos, Esq. to Judge Robinson; Re: response to pltf's rqst for status from court (lf)	RECAP
92	Oct. 28, 1999	Letter to Judge Robinson from Robt. Saunders in resp. to DI 91. (bkb)	RECAP
93	Dec. 13, 2006	Letter to Amir Fatir from Clerk dated 12/13/06 regarding returned papers; case has been closed; if filing new complaint, file in accordance with Federal Rules of Civil Procedure. (fmt)	RECAP
94	Jan. 10, 2007	Letter to Amir Fatir from Clerk returning papers; case is closed; papers will not be docketed; if wish to have papers docketed, a new complaint will need to be filed according to the Federal Rules of Civil Procedure; enclosing necessary forms. (fmt)	RECAP
96	Aug. 13, 2007	MOTION to Enforce Judgment by Amir Fatir. (fmt)	RECAP
95	Aug. 16, 2007	Rejection Letter by the Court issued to Amir Fatir Regarding return of papers received on 8/13/07. (fmt)	RECAP
97	Sept. 24, 2007	ORDER, Set Briefing Schedule re pltf.'s motion to enforce jgm.: Defts.' Answering Brief due 10/22/2007. Pltf. may file a Reply Brief due 11/22/2007. Signed by Judge Sue L. Robinson on 9/24/07. (rlp)	RECAP
98	Sept. 25, 2007	NOTICE OF SUBSTITUTION OF COUNSEL re all defendants: Entry of appearance of attorney Ophelia Michelle Waters. Attorney Joseph S. Shannon terminated. (fmt)	RECAP
99	Oct. 2, 2007	AFFIDAVIT of Amir Fatir filed by Amir Fatir. (fmt)	RECAP
100	Oct. 22, 2007	NOTICE of Appearance by Ophelia Michelle Waters on behalf of Department of Correction (Waters, Ophelia) Additional attachment(s) added on 10/23/2007 (fmt, ).	RECAP
101	Oct. 22, 2007	RESPONSE to Motion re [96] MOTION to Enforce Judgment (Department of Correction Administrators' Response to Plaintiff Amir Fatir's Motion to Enforce Judgment) filed by Department of Correction. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Attachment No. 1# (4) Attachment No. 2# (5) Attachment No. 3# (6) Attachment No. 4)(Waters, Ophelia) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Attachment No. 1 View on RECAP 4 Attachment No. 2 View on RECAP 5 Attachment No. 3 View on RECAP 6 Attachment No. 4 View on RECAP	RECAP
102	Oct. 23, 2007	AFFIDAVIT of Ron Hosterman re [101] Response to Motion, Executed Affidavit of Ron Hosterman filed by Department of Correction. (Waters, Ophelia)	RECAP
103	Oct. 26, 2007	REQUEST for Default as to all defendants - filed by Amir Fatir. (fmt)	RECAP
104	Nov. 16, 2007	REPLY BRIEF re [96] MOTION to Enforce Judgment filed by Amir Fatir. (fmt)	RECAP
105	Nov. 16, 2007	AFFIDAVIT of Amir Fatir filed by Amir Fatir. (fmt)	RECAP
106	Nov. 16, 2007	APPENDIX re [104] Reply Brief by Amir Fatir. (fmt)	RECAP
107	Jan. 25, 2008	ORDER; within ten days from the date of this order, defendants shall file a sur-reply to plaintiff's reply brief. See order for further details. Signed by Judge Sue L. Robinson on 1/25/08. (fmt)	RECAP
108	Jan. 30, 2008	MOTION for Extension of Time to File Response/Reply as to [107] Order - filed by Department of Correction. (Attachments: # (1) Proposed Order)(Waters, Ophelia) 1 Proposed Order View on RECAP	RECAP
109	Feb. 15, 2008	SUR-REPLY BRIEF re [108] MOTION for Extension of Time to File Response/Reply as to [107] Order filed by Phyllis Patterson, Paul Keve, Raymond Anderson, John L. Sullivan, Walter Redman, George Nmn Pippin. (Attachments: # (1) Exhibit D1-D2 Affidavit of Cathy Escherich# (2) Exhibit D3-D4 Department of Correction Administrative Regulations# (3) Exhibit D5-D6 Affidavit of David Hoofnagle)(Waters, Ophelia) 1 Exhibit D1-D2 Affidavit of Cathy Escherich View on RECAP 2 Exhibit D3-D4 Department of Correction Administrative Regulations View on RECAP 3 Exhibit D5-D6 Affidavit of David Hoofnagle View on RECAP	RECAP
110	Feb. 27, 2008	Plaintiff's Rebuttle to Defendant's Sur-Reply - filed by Amir Fatir. (nfn)	RECAP
111	Feb. 29, 2008	Supplement to Plaintiff's Rebuttle to Defendants' Sur-Reply - filed by Amir Fatir. (nfn)	RECAP
112	March 6, 2008	MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 77-221. (fmt)	RECAP
113	March 6, 2008	ORDER denying [96] Motion to Enforce Judgment. Signed by Judge Sue L. Robinson on 3/5/08. (fmt)	RECAP
118	Feb. 19, 2009	MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 2/18/2009. (nmf)	RECAP
130	Aug. 4, 2017	Letter to Clerk of Court from Abdul-Haqq Shabazz regarding copywork. (crb) (Entered: 08/04/2017)	RECAP
131	Aug. 4, 2017	Letter to Abdul-Haqq Shabazz from Clerk of Court regarding copywork - re 130 Letter. (crb) (Entered: 08/04/2017)	RECAP
132	Aug. 7, 2017	Second Letter to Abdul-Haqq Shabazz from Clerk of Court regarding copywork. (crb) (Entered: 08/07/2017)	RECAP