University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Saleem v. Evans PC-GA-0008
Docket / Court 86-00135-CV-4 ( S.D. Ga. )
State/Territory Georgia
Case Type(s) Prison Conditions
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 ... read more >
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.

Sherrie Waldrup - 10/21/2005


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
General
Religious programs / policies
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Georgia Prison System
Plaintiff Description Muslim prisoner alleging violation of religious rights due to fact that only Muslim minister was from another sect
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1978 - 1989
Case Closing Year 1989
Case Ongoing No
Additional Resources
click to show/hide detail
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)
No docket sheet currently in the collection
General Documents
Reported Opinion 02/27/1989 (866 F.2d 1313)
PC-GA-0008-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Clark, Charles (Fifth Circuit)
PC-GA-0008-0001
Cox, Emmett Ripley (S.D. Ala., Eleventh Circuit)
PC-GA-0008-0001
Edmondson, James Larry (Eleventh Circuit)
PC-GA-0008-0001
Monitors/Masters None on record
Plaintiff's Lawyers Hewitt, William Davis (Georgia)
PC-GA-0008-0001
Defendant's Lawyers Childers, Neal B. (Georgia)
PC-GA-0008-0001
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -