Case: Saleem v. Evans

4:86-cv-00135 | U.S. District Court for the Southern District of Georgia

Filed Date: April 8, 1986

Closed Date: Feb. 27, 1989

Clearinghouse coding complete

Case Summary

Plaintiff, a prisoner at the Georgia State Prison and a member of the Nation of Islam, filed a pro se suit under section 1983 alleging violations of his First and Fourteenth Amendment rights against prison officials. He claimed that the religious beliefs of the Muslim prisoners were being violated by the prison not making "reasonable arrangements" for the provision of Nation of Islam ministers as required by a consent decree entered in Guthrie v. Evans, No. 3068 (S.D. Ga. 1978) (PC-GA-006). T…

Plaintiff, a prisoner at the Georgia State Prison and a member of the Nation of Islam, filed a pro se suit under section 1983 alleging violations of his First and Fourteenth Amendment rights against prison officials. He claimed that the religious beliefs of the Muslim prisoners were being violated by the prison not making "reasonable arrangements" for the provision of Nation of Islam ministers as required by a consent decree entered in Guthrie v. Evans, No. 3068 (S.D. Ga. 1978) (PC-GA-006).

The magistrate recommended that the case be treated as a contempt petition, and, because the district court in Guthrie had ordered that contempt petitions be filed only through class counsel, recommended it be dismissed. The district court adopted the magistrate's recommendations, and the plaintiff appealed to the Eleventh Circuit court of Appeals. The Eleventh Circuit (Judge Thomas Clark), relying on Diaab v. Green, 794 F.2d 685 (11th Cir. 1985), first made clear that the magistrate was incorrect in finding that the claim was not cognizable in federal courts. Saleem v. Evans, 866 F.2d 1313 (11th Cir. 1989). That case provided that there was a valid claim of a constitutional violation based on the different beliefs between the Muslim sects for which relief could be obtained in the absence of a legitimate penalogical explanation for the violation by the prison officials. Nevertheless, the court affirmed the district court's dismissal of the complaint because the Guthrie consent decree required contempt petitions to be filed through class counsel and ordered a copy of the complaint be sent to counsel in the Guthrie case.

The docket for this case is not available on PACER, and therefore our information ends with the February 27, 1989 court opinion.

Summary Authors

Sherrie Waldrup (10/21/2005)

People


Judge(s)

Clark, Charles (Mississippi)

Cox, Emmett Ripley (Alabama)

Edmondson, James Larry (Georgia)

Attorneys(s) for Plaintiff

Hewitt, William Davis (Georgia)

Attorneys(s) for Defendant

Childers, Neal B. (Georgia)

Judge(s)

Clark, Charles (Mississippi)

Cox, Emmett Ripley (Alabama)

Edmondson, James Larry (Georgia)

Attorneys(s) for Plaintiff

Hewitt, William Davis (Georgia)

Attorneys(s) for Defendant

Childers, Neal B. (Georgia)

Documents in the Clearinghouse

Document

Reported Opinion

U. S. Court of Appeals for the Eleventh Circuit

866 F.2d 1313, 1989 U.S.App.LEXIS 2218

Feb. 27, 1989 Order/Opinion

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: Georgia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 8, 1986

Closing Date: Feb. 27, 1989

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Muslim prisoner alleging violation of religious rights due to fact that only Muslim minister was from another sect

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Georgia Prison System, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Availably Documents:

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: 1978 - 1989

Issues

General:

Religious programs / policies

Type of Facility:

Government-run