Case: Rahim X v. Morris

7:96-cv-00493 | U.S. District Court for the Western District of Virginia

Filed Date: May 23, 1996

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On May 23, 1996, an inmate at the Buckingham Correctional Center in Virginia filed a lawsuit under 42 U.S.C. § 1983 and the Religious Freedom Restoration Act against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. He alleged that his constitutional rights had been violated by the prison's policy that required an inmate to provide a written statement from a religious official before they would give him a religious diet. The defendant resc…

On May 23, 1996, an inmate at the Buckingham Correctional Center in Virginia filed a lawsuit under 42 U.S.C. § 1983 and the Religious Freedom Restoration Act against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. He alleged that his constitutional rights had been violated by the prison's policy that required an inmate to provide a written statement from a religious official before they would give him a religious diet. The defendant rescinded the policy and filed a motion for summary judgment.

On March 27, 1997, the U.S. District Court for the Western District of Virginia (Judge Samuel G. Wilson) granted summary judgment in favor of the prison and dismissed the prisoner's claims for declaratory and injunctive relief. The plaintiff asked the court to allow him to recover his costs from the lawsuit, arguing that the defendants had rescinded the policy as a direct result of the lawsuit. On October 27, 1997, the U.S. District Court for the Western District of Virginia (Judge Wilson) denied the inmate's motion and dismissed the case. Rahim X v. Morris 1997 WL 687729 (W.D.Va. Oct. 27, 1997).

Summary Authors

Kristen Sagar (3/10/2006)

People


Judge(s)

Wilson, Samuel Grayson (Virginia)

Attorneys(s) for Defendant

Davis, Mark Ralph (Virginia)

Judge(s)

Wilson, Samuel Grayson (Virginia)

Attorneys(s) for Defendant

Davis, Mark Ralph (Virginia)

Documents in the Clearinghouse

Document

Docket (PACER)

July 16, 2004 Docket
38

Memorandum Opinion

1997 WL 687729, 1997 U.S.Dist.LEXIS 16690

Oct. 27, 1997 Order/Opinion

Docket

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

ECF Number Description Date Link
1

ORDER, ent FILING this action w/o contemporaneous payment of fees; ADVISING pltf. as to three strikes provision of PLRA; ASSESSING a filing fee of $120; DEFERRING all action in this case; ADVISING pltf. to correct deficiencies, return trust account, verified and consent statements as required within 20 days or risk dismissal; REFERRING case to Glen Conrad, USMJ for all non-dispositive rulings. ( signed by Magistrate Judge Glen E. Conrad ) (iew)

May 23, 1996
2

COMPLAINT (iew)

May 23, 1996
2

MOTION WITH MEMORANDUM in Support for Temporary Restraining Order , and/or for Preliminary Injunction , and for defts to Show Cause , and to Proceed in Forma Pauperis by Rahim X #167311 (iew)

May 23, 1996
3

ORDER, ent REQUESTING the Warden at Buckingham to Transport the Plaintiff to Court for Hearing Date 5/28/96 @ 1:30 pm before J. Wilson in RKE ( signed by Magistrate Judge Glen E. Conrad (iew)

May 23, 1996

CANCELLED transportation order with Louise, institution Buckingham for inmate Rahim X (aka Richard Harris) - Hearing for Tues 5/28 is OFF! (iew)

May 24, 1996
4

ORDER ent CONTINUING the 5/28/96 hearing pending ruling on pltf's m/temp restraining order ( signed by Magistrate Judge Glen E. Conrad ) (iew)

May 24, 1996
5

ORDER pltf's [2-1] motion for Temporary Restraining Order under advisement, pltf's [2-2] motion for Preliminary Injunction under advisement, and DIRECTING defts to Show Cause by 5/31/96 why the court should not enter the requested temporary restraining order ( signed by Judge Samuel G. Wilson ) (iew) (Entered: 05/28/1996)

May 24, 1996
6

ORDER granting pltf's [2-1] motion for Temporary Restraining Order, ORDERING defts to refrain for a period of 10 days from enforcing/ implementing that portion of the VDOC new approval policy that requires an inmate to provide written statement from religious office re: religious diet, and whatever else as set forth in #1 of the order, and GRANTING this TRO w/o condition that a bond be filed by pltf , and that nothing in this order mandates that the VDOC provide a special diet based on inmate's religious beliefs , and the Court will conduct a Hearing w/i 10 days to determine whether a prel injunction should issue, [2-2] motion for Preliminary Injunction ( signed by Judge Samuel G. Wilson ) (iew)

June 5, 1996
7

AFFIDAVIT Re: inmate account (iew)

June 6, 1996
8

ADDITIONAL EVIDENCE by Rahim X #167311 ("M/for Appt of Special Master to Test Pltf's Exhibit No. 2") (iew)

June 10, 1996
10

MOTION to Extend Time pltf to submit trust stmt by Rahim X #167311 (Attorney ) (ssm)

June 12, 1996
11

ORDER granting an extension of ten (10) days on the [6-1] order GRANTING this TRO w/o condition that a bond be filed by pltf ( signed by Judge Samuel G. Wilson ) (ssm) (Entered: 06/14/1996)

June 13, 1996

CONFIRMED transportation order with institution Buckingham Correctional for inmate RahimX from Louise at Buckingham Correctional Center. (lfc) Modified on 06/14/1996

June 14, 1996

Motion hearing held re: [2-1] motion for Temporary Restraining Order by Rahim X #167311, [2-2] motion for Preliminary Injunction by Rahim X #167311, [2-3] motion for defts to Show Cause by Rahim X #167311 (Judge Wilson OCR Clara Whitlock) (ssm) (Entered: 06/18/1996)

June 17, 1996
12

ORDER, set Response Due Deadline to 7/7/96 and DIRECTING Clerk to accomplish svc upon return of consent ( signed by Magistrate Judge Glen E. Conrad ) (ssm) Modified on 06/18/1996 (Entered: 06/18/1996)

June 17, 1996
13

CONSENT TO FEE by pltf/pet of initial payment of $0 and 20% of mo. income thereafter (ssm) Modified on 06/18/1996 (Entered: 06/18/1996)

June 17, 1996

NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS as to E. C. Morris, John B. Taylor, Barbara Wheeler 6/17/96 hand delivered in open court to Mark Davis (ssm) (Entered: 06/18/1996)

June 17, 1996
14

ORDER denying [10-1] motion to Extend Time pltf to submit trust stmt, mooting [2-4] motion to Proceed in Forma Pauperis ( signed by Magistrate Judge Glen E. Conrad ) (ssm) Modified on 06/18/1996

June 18, 1996
16

MEMORANDUM OPINION ( signed by Judge Samuel G. Wilson ) (ssm)

June 19, 1996
17

ORDER granting [2-2] motion for Preliminary Injunction in that defts Morris, Taylor & Wheeler refrain from enforcing or implementing that portion of the VDOC new approval policy that requires an inmate to provide a written statement from a religious official as a precondition to the receipt of a religious diet; and conditioning this injunction on plaintiff's payment of a $10.00 Bond ( signed by Judge Samuel G. Wilson ) (ssm)

June 19, 1996
18

EXECUTED AFFIDAVIT Re: Exhibit submitted at Motion Hearing unexecuted by Sylvia Whitten (ssm)

June 20, 1996

CASH BOND ( $ 10.00 paid 6/26/96, Receipt #74907) by Rahim X #167311 via Penny Dunn (iew)

June 26, 1996
20

ORDER ent DIRECTING trust accts officer to collect fee ( signed by Magistrate Judge Glen E. Conrad ) (iew)

July 1, 1996

WAIVER OF SERVICE Returned Executed as to E. C. Morris, John B. Taylor, Barbara Wheeler (iew)

July 17, 1996
21

LETTER NOTICE re: VDOC policy requiring statement from Rabbi/Imam by E. C. Morris, John B. Taylor, Barbara Wheeler (iew)

July 17, 1996
22

MOTION Contempt Citation for violation of prel inj as to E. C. Morris, John B. Taylor, Barbara Wheeler by Rahim X #167311 (iew)

Aug. 5, 1996
23

VERIFIED STATEMENT w/ Attachments by Plaintiff (iew)

Aug. 6, 1996
24

RESPONSE TO PAINTIFF'S MOTION FOR CONTEMPT CITATION by E. C. Morris, John B. Taylor, Barbara Wheeler in Opposition to [22-1] motion Contempt Citation for violation of prel inj as to E. C. Morris, John B. Taylor, Barbara Wheeler by Rahim X #167311 (iew) (Entered: 08/08/1996)

Aug. 7, 1996
25

MOTION for Summary Judgment by E. C. Morris, John B. Taylor, Barbara Wheeler (iew)

Aug. 15, 1996
26

Roseboro Notice (iew)

Aug. 15, 1996
27

MOTION to Extend Time to resp w/i 20 days to m/sj by Rahim X #167311 (Attorney ) (ssm)

Sept. 11, 1996
28

ORDER granting [27-1] motion to Extend Time to resp w/i 30 days to m/sj ( signed by Magistrate Judge Glen E. Conrad ) (lfc)

Sept. 16, 1996
29

MOTION to Extend Time an additional (30) days to file responsive pleadings by Rahim X #167311 (lfc) (Entered: 10/22/1996)

Oct. 21, 1996
30

ORDER granting [29-1] motion to Extend Time an additional (30) days to file responsive pleadings ( signed by Magistrate Judge Glen E. Conrad ) (lfc)

Oct. 22, 1996
31

RESPONSE by Rahim X #167311 in Opposition to [25-1] motion for Summary Judgment by Barbara Wheeler, John B. Taylor, E. C. Morris (lfc)

Nov. 27, 1996
32

MOTION to Amend [2-1] complaint by Rahim X #167311 (lfc)

Nov. 27, 1996
33

MEMORANDUM OPINION ( signed by Judge Samuel G. Wilson ) (lfc)

March 27, 1997
34

ORDER denying [32-1] motion to Amend [2-1] complaint, granting [25- 1] motion for Summary Judgment, denying [22-1] motion Contempt Citation for violation of prel inj as to E. C. Morris, John B. Taylor, Barbara Wheeler, all claims for injunctive and declaratoy relief are hereby dismissed w/out prejudice as moot; pltf.s motion for costs is hereby taken under advisement; defts. are DIRECTED to respond to plaintiff's motion for costs w/in ten (10) days of the entry of this order and Striking this case from the active docket of this court. ( signed by Judge Samuel G. Wilson ) (lfc)

March 27, 1997

Case closed (lfc)

March 27, 1997
35

Response To Plaintiff's Motion For Costs by E. C. Morris, John B. Taylor, Barbara Wheeler (lfc)

April 11, 1997
36

ORDER, pltf. is GRANTED (20) days from the date of entry of this order in which to respond to the deft's. response. ( signed by Magistrate Judge Glen E. Conrad ) (lfc)

April 14, 1997

Filing Fee Paid; FILING FEE $ 22.53 RECEIPT # 84278 (fne)

Oct. 24, 1997
37

LETTER MOTION to release $10 Bond by Rahim X #167311 (fne)

Oct. 28, 1997
38

MEMORANDUM OPINION ( signed by Chief Judge Samuel G. Wilson ) (fne)

Oct. 28, 1997
39

ORDER denying plaintiff's [37-1] motion to release $10 Bond; ordering the Clerk to apply the $10 bond towards the amount plaintiff owes for filing fees ( signed by Chief Judge Samuel G. Wilson ) (fne)

Oct. 28, 1997

Filing Fee Paid; FILING FEE $ 8.00 RECEIPT # 85116 (fne)

Dec. 22, 1997

Partial Payment on Filing Fee Paid; FILING FEE $ 20.84 RECEIPT # 85241 (ssm)

Jan. 9, 1998

Filing Fee Paid; FILING FEE $ 4.56 RECEIPT # 86809 (iew)

March 27, 1998

Partial Payment on Filing Fee Paid; FILING FEE $ 4.40 RECEIPT # 87466 (ssm)

May 6, 1998

Partial Payment on Filing Fee Paid; FILING FEE $ 3.68 RECEIPT # 88847 (ssm)

July 31, 1998
40

ORDER REMITTING FEE COLLECTION. Signed by Judge Samuel G. Wilson on 7/16/04. (tob, )

July 16, 2004

State / Territory: Virginia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 23, 1996

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An inmate in the custody of the Virginia Department of Corrections challenging the newly-enacted policy for inmates requesting religious diets

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Virginia Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Establishment Clause

Free Exercise Clause

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Food service / nutrition / hydration

Religious programs / policies

Type of Facility:

Government-run