University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Islamic Palace of the Rising Sun v. Johnson PC-MI-0010
Docket / Court 82-72083 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Prison Conditions
Case Summary
Members of a sect of Muslim prisoners filed a civil rights suit against the Michigan Department of Corrections seeking rights to practice their religion. The case was brought in the U.S. District Court for the Eastern District of Michigan and overseen by Judge Horace W. Gilmore. We don't have ... read more >
Members of a sect of Muslim prisoners filed a civil rights suit against the Michigan Department of Corrections seeking rights to practice their religion. The case was brought in the U.S. District Court for the Eastern District of Michigan and overseen by Judge Horace W. Gilmore. We don't have further information on the genesis of these claims or extent of litigation, but do know that the parties entered into a consent decree in May 1983, which provided that the members of the Melanic Islamic Place of the Rising Sun who were incarcerated in Michigan ""shall have the right to practice their religion on the same basis as other religions at the particular facility in which they are located."" Subsequent legal action by inmates to enforce terms of the consent decree was referred by Judge Gilmore to Magistrate Judge Paul J. Komives, who issued reports and recommendations to Judge Gilmore. Between 1994 and 1997, Judge Gilmore denied several motions by inmates for seeking to hold Michigan prison officials in contempt of court and seeking injunctive relief.

After passage of the Prison Litigation Reform Act, the Michigan Department of Corrections in 1997 filed a motion to terminate the 1983 consent degree. The District Court granted this motion (Judge Gilmore). As part of four consolidated appeals, the order was affirmed by the 6th Circuit Court of Appeals in an unpublished opinion. Islamic Palace of the Rising Sun et al v. Johnson, 191 F.3d 452 (6th Cir. 1999).

Denise Lieberman - 10/23/2005


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Issues and Causes of Action
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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) Michigan Department of Corrections
Plaintiff Description Members of the Melanic Islamic Palace of the Rising Sun in the custody of the Michigan Department of Corrections alleging that their right to practice their religion on the same basis as other religions at the particular facility was violated
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
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 1983 - 1999
Case Closing Year 1999
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)
82-72083 (E.D. Mich.) 10/09/2001
PC-MI-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order 09/24/1999 (191 F.3d 452)
PC-MI-0010-0001.pdf | WESTLAW| LEXIS | Detail
Judges Boggs, Danny Julian (Sixth Circuit)
PC-MI-0010-0001
Daughtrey, Martha Craig (Sixth Circuit)
PC-MI-0010-0001
Gilmore, Horace Weldon (E.D. Mich.)
PC-MI-0010-9000
McKinley, Joseph H. Jr. (W.D. Ky.)
PC-MI-0010-0001
Monitors/Masters None on record
Plaintiff's Lawyers LeWitter, Jody I. (Michigan)
PC-MI-0010-9000
Manville, Daniel E. (Michigan)
PC-MI-0010-9000
Defendant's Lawyers Adams, Richard M.C. (Michigan)
PC-MI-0010-9000
Stafford, E. Michael (Michigan)
PC-MI-0010-9000
Other Lawyers Mulazim, FaDee (Michigan)
PC-MI-0010-9000

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