University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hall v. Cooper PC-AL-0022
Docket / Court 78-552 ( S.D. Ala. )
State/Territory Alabama
Case Type(s) Prison Conditions
Case Summary
On October 10, 1978 an Alabama state prisoner filed a civil rights lawsuit under 42 U.S.C. § 1983 against corrections officials concerning his right to engage in certain religious practices while incarcerated. According to a later opinion in the case, Hall v. Cooper, 78-0552,1999 U.S. Dist. ... read more >
On October 10, 1978 an Alabama state prisoner filed a civil rights lawsuit under 42 U.S.C. § 1983 against corrections officials concerning his right to engage in certain religious practices while incarcerated. According to a later opinion in the case, Hall v. Cooper, 78-0552,1999 U.S. Dist. LEXIS 8765 (June 1, 1999), on March 31, 1982, the United States District Court for the Southern District of Alabama (Judge Virgil Pittman) issued an injunctive decree allowing plaintiff to use incense during religious services, subject to usual security rules. There was some subsequent litigation in the district court, followed by an appeal of the injunction, but the Eleventh Circuit affirmed in 1982. Plaintiff filed several motions for contempt, none of which resulted in contempt findings. From 1984 to 1997, plaintiff filed no additional contempt motions.

On February 26, 1997 plaintiff filed a motion for contempt alleging that he had not been allowed to receive and use incense from 1991 to 1993. Defendants, correctional officers for Kilby Correctional Facility, filed a motion to terminate prospective relief pursuant to the Prison Litigation Reform Act. The Court (Magistrate Judge William Cassady) recommended that inmate's motion for contempt be denied and the prison officials' motion to terminate prospective relief be granted. Hall v. Cooper, 78-0552, 1999 U.S. Dist. LEXIS 9219 (January 19, 1999). Plaintiff filed objections and on review the District Court (Judge Pittman) adopted the Magistrate Judge's recommendations. Hall v. Cooper, 78-0552, 1999 U.S. Dist. LEXIS 8765 (June 1, 1999).

There is a PACER docket, but it has only a caption, and provides no other information on the case.

Rebecca Bloch - 02/15/2006


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Issues and Causes of Action
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Issues
General
Loss or damage to property
Religious programs / policies
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Alabama DOC
Plaintiff Description Inmate who was banned from receiving and using incense from 1991 to 1993 in the prison
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1982 - 1999
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
78-00552 (S.D. Ala.) 09/02/1986
PC-AL-0022-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 01/19/1999 (1999 U.S.Dist.LEXIS 9219) (S.D. Ala.)
PC-AL-0022-0002 PDF | LEXIS | Detail
Document Source: LexisNexis
Order/Opinion 07/01/1999 (1999 U.S.Dist.LEXIS 8765) (S.D. Ala.)
PC-AL-0022-0003 PDF | LEXIS | Detail
Document Source: LexisNexis
Judges Cassady, William E. (S.D. Ala.) [Magistrate]
PC-AL-0022-0002 | PC-AL-0022-9000
Pittman, Thomas Virgil (M.D. Ala., S.D. Ala.)
PC-AL-0022-0003
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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