Case: Muhammad v. Keve

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

Filed Date: June 14, 1977

Clearinghouse coding complete

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 …

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 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 attrorneys, see: https://www.courtlistener.com/docket/4221872/parties/muhammad-v-keve/


Judge(s)

Robinson, Sue Lewis (Delaware)

Stapleton, Walter King (Delaware)

Attorneys(s) for Defendant

Parkins, John A. Jr. (Delaware)

Shannon, Joseph S. (Delaware)

Waters, Ophelia Michelle (Delaware)

Judge(s)

Robinson, Sue Lewis (Delaware)

Stapleton, Walter King (Delaware)

Attorneys(s) for Defendant

Parkins, John A. Jr. (Delaware)

Shannon, Joseph S. (Delaware)

Waters, Ophelia Michelle (Delaware)

Documents in the Clearinghouse

Document

1:77-cv-00221

Docket [PACER]

April 30, 2013

April 30, 2013

Docket
71

1:77-cv-00221

Opinion

479 F.Supp. 1311, 1979 U.S.Dist.LEXIS 9020

Oct. 22, 1979

Oct. 22, 1979

Order/Opinion

Resources

Docket

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

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

ECF Number Description Date Link Date / Link
1

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)

June 14, 1977

June 14, 1977

PACER
2

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)

June 14, 1977

June 14, 1977

PACER
6

ANSWER to Complaint by Paul Keve, Raymond Anderson, John L. Sullivan, Walter Redman, George Nmn Pippin, Phyllis Patterson. (sm)

July 6, 1977

July 6, 1977

PACER
13

OPINION ( signed by Judge Walter Stapleton ) copies to: plaintiff, Attorney General (sm) Modified on 06/27/1997

Aug. 16, 1977

Aug. 16, 1977

PACER
71

OPINION ( signed by Judge Walter Stapleton ) copies to: counsel (sm)

Oct. 22, 1979

Oct. 22, 1979

PACER
75

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)

April 9, 1980

April 9, 1980

PACER
76

MOTION by Masjid Muhammad, Wilbur Shabazz, Rauf Muhammad, Amin Hassan for Sanctions (ntl)

June 18, 1997

June 18, 1997

PACER
77

CASE reassigned to Judge Sue L. Robinson . Notice to all parties. (ntl)

June 25, 1997

June 25, 1997

PACER
78

RESPONSE by Paul Keve, Raymond Anderson, John L. Sullivan, Walter Redman, George Nmn Pippin, Phyllis Patterson to [76-1] motion for Sanctions (ntl)

June 26, 1997

June 26, 1997

PACER
79

ORDER denying [76-1] motion for Sanctions ( signed by Judge Sue L. Robinson ) copies to: pltfs, cnsl (lf)

July 1, 1997

July 1, 1997

PACER
80

Reply Brief Filed by Masjid Muhammad, Wilbur Shabazz, Rauf Muhammad, Amin Hassan to motion for sanction (lf)

July 2, 1997

July 2, 1997

PACER
85

Return of undeliverable mail sent to plaintiff Rauf Muhammad (lf)

July 7, 1997

July 7, 1997

PACER
81

Return of undeliverable mail sent to plaintiff Masjid Muhammad (lf)

July 9, 1997

July 9, 1997

PACER
86

Return of undeliverable mail sent to plaintiff Rauf Muhammad (lf)

July 9, 1997

July 9, 1997

PACER
87

Return of undeliverable mail sent to plaintiff Amin Hassan (lf)

July 9, 1997

July 9, 1997

PACER
88

Return of undeliverable mail sent to plaintiff Wilbur Shabazz (lf)

July 11, 1997

July 11, 1997

PACER
83

Return of undeliverable mail sent to plaintiff Masjid Muhammad (lf)

July 14, 1997

July 14, 1997

PACER
84

Return of undeliverable mail sent to plaintiff Wilbur Shabazz (lf)

July 14, 1997

July 14, 1997

PACER
82

Return of undeliverable mail sent to plaintiff Amin Hassan (lf)

July 16, 1997

July 16, 1997

PACER
89

Letter dated 3/26/99 from court to pltf; re: response to letter rqsting status (lf)

March 26, 1999

March 26, 1999

PACER
90

Letter dated 10/13/99 from Robert Saunders to Judge Robinson; Re: status (lf)

Oct. 13, 1999

Oct. 13, 1999

PACER
91

Letter dated 10/20/99 from Stuart Drowos, Esq. to Judge Robinson; Re: response to pltf's rqst for status from court (lf)

Oct. 20, 1999

Oct. 20, 1999

PACER
92

Letter to Judge Robinson from Robt. Saunders in resp. to DI 91. (bkb)

Oct. 28, 1999

Oct. 28, 1999

PACER
93

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)

Dec. 13, 2006

Dec. 13, 2006

RECAP
94

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)

Jan. 10, 2007

Jan. 10, 2007

RECAP
96

MOTION to Enforce Judgment by Amir Fatir. (fmt)

Aug. 13, 2007

Aug. 13, 2007

RECAP
95

Rejection Letter by the Court issued to Amir Fatir Regarding return of papers received on 8/13/07. (fmt)

Aug. 16, 2007

Aug. 16, 2007

RECAP
97

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)

Sept. 24, 2007

Sept. 24, 2007

RECAP
98

NOTICE OF SUBSTITUTION OF COUNSEL re all defendants: Entry of appearance of attorney Ophelia Michelle Waters. Attorney Joseph S. Shannon terminated. (fmt)

Sept. 25, 2007

Sept. 25, 2007

RECAP
99

AFFIDAVIT of Amir Fatir filed by Amir Fatir. (fmt)

Oct. 2, 2007

Oct. 2, 2007

RECAP
100

NOTICE of Appearance by Ophelia Michelle Waters on behalf of Department of Correction (Waters, Ophelia) Additional attachment(s) added on 10/23/2007 (fmt, ).

Oct. 22, 2007

Oct. 22, 2007

RECAP
101

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

Oct. 22, 2007

Oct. 22, 2007

RECAP
102

AFFIDAVIT of Ron Hosterman re [101] Response to Motion, Executed Affidavit of Ron Hosterman filed by Department of Correction. (Waters, Ophelia)

Oct. 23, 2007

Oct. 23, 2007

RECAP
103

REQUEST for Default as to all defendants - filed by Amir Fatir. (fmt)

Oct. 26, 2007

Oct. 26, 2007

RECAP
104

REPLY BRIEF re [96] MOTION to Enforce Judgment filed by Amir Fatir. (fmt)

Nov. 16, 2007

Nov. 16, 2007

RECAP
105

AFFIDAVIT of Amir Fatir filed by Amir Fatir. (fmt)

Nov. 16, 2007

Nov. 16, 2007

RECAP
106

APPENDIX re [104] Reply Brief by Amir Fatir. (fmt)

Nov. 16, 2007

Nov. 16, 2007

RECAP
107

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)

Jan. 25, 2008

Jan. 25, 2008

RECAP
108

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

Jan. 30, 2008

Jan. 30, 2008

RECAP
109

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

Feb. 15, 2008

Feb. 15, 2008

RECAP
110

Plaintiff's Rebuttle to Defendant's Sur-Reply - filed by Amir Fatir. (nfn)

Feb. 27, 2008

Feb. 27, 2008

RECAP
111

Supplement to Plaintiff's Rebuttle to Defendants' Sur-Reply - filed by Amir Fatir. (nfn)

Feb. 29, 2008

Feb. 29, 2008

RECAP
112

MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 77-221. (fmt)

March 6, 2008

March 6, 2008

RECAP
113

ORDER denying [96] Motion to Enforce Judgment. Signed by Judge Sue L. Robinson on 3/5/08. (fmt)

March 6, 2008

March 6, 2008

RECAP
114

MOTION to Enforce Judgment − filed by Amir Fatir (lid) Modified on 10/2/2009 (lid). (Entered: 10/20/2008)

Oct. 17, 2008

Oct. 17, 2008

115

Letter to Clerk of Court from Abdul−Haqq Shabazz regarding request for copy of docket sheet. (lid) Modified on 11/17/2008 (lid). (Entered: 11/04/2008)

Nov. 3, 2008

Nov. 3, 2008

Remark: Copy of docket sheet mailed to Masjid Muhammad 11/03/2008 by the Clerk's Office. (lid) (Entered: 11/04/2008)

Nov. 4, 2008

Nov. 4, 2008

116

Letter to Clerk of Court from Abdul−Haqq Shabazz regarding request for clarification of docket sheet and copy work. (lid) (Entered: 11/17/2008)

Nov. 14, 2008

Nov. 14, 2008

117

Letter to Abdul−Haqq Shabazz from Clerk of Court regarding request for copy work − re 116 Letter, 115 Letter. (lid) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

119

ORDER denying 114 Motion to Enforce Judgment. Signed by Judge Sue L. Robinson on 2/18/2009. (nmf) (Entered: 02/19/2009)

Feb. 19, 2009

Feb. 19, 2009

121

NOTICE OF APPEAL of 119 Order on Motion to Enforce Judgment, 118 Memorandum Opinion. Appeal filed by Amir Fatir. (NOO FEE PAID, NO IFP) (lid) (Entered: 03/06/2009)

Feb. 25, 2009

Feb. 25, 2009

120

USCA Letter to District Court Clerk regarding forwarding Notice of Appeal on behalf of Amir Fatir to District Court. (Attachments: # 1 clerk letter)(ld, ) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

CORRECTING ENTRY: filed by has been corrected for D.I. 114 (lid) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

124

Letter to Clerk of Court from Abdul−Haqq Shabazz regarding docket information. (lid) (Entered: 10/05/2009)

Oct. 2, 2009

Oct. 2, 2009

122

NOTICE of Docketing Record on Appeal from USCA re 121 Notice of Appeal filed by Amir Fatir. USCA Case Number 09−1684 (cc1 ) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

125

Letter to Abdul−Haqq Shabazz from Clerk of Court − re 124 Letter. (lid) (Entered: 10/07/2009)

Oct. 6, 2009

Oct. 6, 2009

126

Letter to Clerk from Abdul−Hagg Shabazz regarding request for dockect sheet. (lid) (Entered: 04/21/2010)

April 20, 2010

April 20, 2010

127

Letter to Abdul−Haqq Shabazz from Clerk − re 126 Letter. (lid) (Entered: 04/22/2010)

April 21, 2010

April 21, 2010

Remark: Copy of D.I. 127 mailed to Abdul−Haqq Shabazz aka Wilbur Shabazz was returned to sender; refused; no SBI number. Copy of D.I. 127 mailed with SBI # on 4/30/10. (fms) (Entered: 04/30/2010)

April 29, 2010

April 29, 2010

128

Letter to Clerk from Amir Fatir, dated 4/26/13 regarding Request for Copywork. (cla, ) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

129

Letter to Amir Fatir from Clerk, dated 4/30/13 regarding Copywork − re 128 Letter. (cla, ) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

118

MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 2/18/2009. (nmf)

Feb. 19, 2009

Feb. 19, 2009

RECAP

Case Details

State / Territory: Delaware

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 14, 1977

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Muslim inmates of prison bringing action against prison officials regarding eating pork in the prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Delaware Correctional Center (Smyrna), 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

Damages

Source of Relief:

Litigation

Order Duration: 1979 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Food service / nutrition / hydration

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run