Case: Gary v. Alaska Department of Corrections
3:23-cv-00262 | U.S. District Court for the District of Alaska
Filed Date: Nov. 15, 2023
Case Ongoing
Clearinghouse coding complete
Case Summary
On November 15, 2023, a practicing Muslim man incarcerated pre-trial at the Anchorage Correctional Complex (ACC) filed this class action lawsuit in the District of Alaska under § 1983. The named defendants included the Alaska Department of Corrections (DOC), DOC Commissioner Jen Winkelman, and the ACC Superintendent. Plaintiff claimed that the defendants violated the rights of current and future Muslim prisoners under the Religious Land Use and Institutionalized Persons Act, as well as infringing their Equal Protection guarantees and Free Exercise rights under the First and Fourteenth Amendments to the U.S. Constitution. Specifically, plaintiff alleged DOC refused to permit him to wear his kufi (a cap); denying him permission to use a slightly out-of-approved-dimension prayer rug (or providing him with an extra towel, as he used his towel for bathing as his prayer rug); and anti-Muslim comments.
Represented by the ACLU of Alaska, the plaintiff sought declaratory and injunctive relief to restore his and proposed class members’ full exercise of their statutory and constitutional rights to practice their Islamic faith in custody. The case was assigned to Judge Joshua M. Kindred.
On February 2, 2024, the court granted the parties' joint motion for an order permitting the discovery and disclosure of protected evidence. The order set out provisions for production of protected documents that are part of the DOC's institutional, medical, and disciplinary records.
This case is ongoing.
Summary Authors
Alex DiLalla (3/20/2024)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68011303/parties/gary-v-alaska-department-of-corrections/
Kindred, Joshua Michael (Alaska)
Anderson, Howard Walton (Alaska)
Botstein, Ruth (Alaska)
Vidmar, Melody Layne (Alaska)
Yandel, Christopher William (Alaska)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/68011303/gary-v-alaska-department-of-corrections/
Last updated April 12, 2026, 4:35 a.m.
Case Details
State / Territory:
Case Type(s):
Key Dates
Filing Date: Nov. 15, 2023
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A Muslim man in pre-trial incarceration at the Anchorage Correctional Complex in Alaska who has been denied the right to practice key tenets of his Islamic faith.
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
State
Alaska Department of Corrections
Commissioner Jen Winkelman
Superintendent Arnaldo Hernandez
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Constitutional Clause(s):
Other Dockets:
District of Alaska 3:23-cv-00262
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Discrimination Basis:
Case Summary of Gary v. Alaska Department of Corrections, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/45321/ (last updated 3/20/2024).