Case: Blue v. Lockhart

5:84-cv-00551 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Dec. 5, 1984

Closed Date: March 27, 2024

Clearinghouse coding complete

Case Summary

On December 5, 1984, a prisoner at the Jefferson County Jail in Arkansas filed a lawsuit under 42 U.S.C. § 1983 against the Arkansas Department of Corrections in the U.S. District Court for the Eastern District of Arkansas, alleging that prison officials had violated his constitutional right to free exercise of his religion. The parties entered into a consent decree. On April 16, 1992 the plaintiff asked the court to hold the defendants in contempt, claiming that they had violated the consent d…

On December 5, 1984, a prisoner at the Jefferson County Jail in Arkansas filed a lawsuit under 42 U.S.C. § 1983 against the Arkansas Department of Corrections in the U.S. District Court for the Eastern District of Arkansas, alleging that prison officials had violated his constitutional right to free exercise of his religion. The parties entered into a consent decree.

On April 16, 1992 the plaintiff asked the court to hold the defendants in contempt, claiming that they had violated the consent decree by canceling an Islamic religious service on April 5, 1992 and holding a Christian service on the same day. On November 27, 1992, the U.S. District Court for the Eastern District of Arkansas (Judge Elsijane T. Roy) denied the plaintiff's motion and dismissed the case.

The plaintiff appealed the district court's decision to dismiss, and on February 25, 1993, the U.S. Court of Appeals for the Eighth Circuit issued a per curiam opinion affirming the judgment of the district court. Blue v. Lockhart, 986 F.2d 502 (8th Cir. 1993), unpublished (1993 WL 46896 8th Cir. Ark. Feb. 25, 1993).

On August 3, 2020, plaintiff filed a motion to reopen the case, alleging that the Arkansas Department of Corrections (ADC) failed to fully honor the stipulated agreements of the Consent Decree entered in 1987. Plaintiff alleged that the ADC violated the Consent Decree by not hiring a Nation of Islam Muslim Chaplain and by implementing a requirement that a free-world volunteer be present at all religious services in an effort to prevent Nation of Islam Muslims from meeting. ADC filed a motion to dismiss for failure to state a claim, arguing that it complied with the Consent Decree by hiring one Muslim Chaplain to serve all Muslim sects and by allowing Nation of Islam Muslim volunteers to come to the prison. On September 30, 2021, the court granted the ADC's motion to dismiss, finding that the ADC had complied with the Consent Decree provisions. The court reasoned that the ADC hired a Muslim Chaplain who served the needs of each denomination and provided videotaped services for Jumu'ah prayer in accordance with a court order in a related case. The court also found that the ADC’s policies requiring a free-world volunteer at religious services applied to all denominations and were in existence before the Consent Decree.
Plaintiff filed motions to amend the Consent Decree and the complaint, seeking to bring new claims that ADC religious policies violated his constitutional and statutory rights. The court denied both motions, stating that plaintiff must file a separate action to pursue these claims. Plaintiff also filed a motion to appoint counsel, which the court denied, finding that plaintiff had adequately demonstrated his ability to investigate the facts and present his claims. The court also denied plaintiff’s motion for an evidentiary hearing, finding that it was not necessary to resolve the pending matters.

The case was dismissed on March 27, 2024. The case is now closed.

 

Summary Authors

Kristen Sagar (3/14/2006)

Claire Pollard (10/20/2025)

Kerry Holihan (10/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8654994/parties/blue-v-payne/


Judge(s)

Baker, Kristine Gerhard (Arkansas)

Beam, Clarence Arlen (Nebraska)

Hansen, Curtis LeRoy (New Mexico)

Attorney for Plaintiff

Blue, Jackie (Arkansas)

Attorney for Defendant

Eberhard, David B.

Documents in the Clearinghouse

Documents in this case

5:84-cv-00551

Docket (PACER)

Blue v. Arkansas DOC

April 9, 1997

April 9, 1997

Docket

93-01072

[Order Per Curiam]

U.S. Court of Appeals for the Eighth Circuit

Feb. 25, 1993

Feb. 25, 1993

Order/Opinion

986 F.2d 502

153

5:84-cv-00551

Order

Blue v. Payne

Sept. 30, 2021

Sept. 30, 2021

Order/Opinion

2021 WL 4504687

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8654994/blue-v-payne/

Last updated April 4, 2025, 10:07 a.m.

ECF Number Date Description Link
97 May 8, 1991

MOTION by plaintiffs Jackie Blue and Alvin E Lovelace for writ of mandamus (jap) (Entered: 05/29/1991)

PACER
98 June 6, 1991

ORDER by Judge Elsijane T. Roy referring to Magistrate H. D. Young the motion for writ of mandamus [97-1] (cc: all counsel) (jap) (Entered: 06/07/1991)

PACER
99 June 10, 1991

MOTION by defendant for ext of time to resp to mot for writ of mandamus (jap) Modified on 10/05/1992 (Entered: 06/12/1991)

PACER
100 June 11, 1991

ORDER by Judge Elsijane T. Roy granting motion for ext of time to resp to mot for writ of mandamus until 7/1/91 [99-1] [97-1] (cc: all counsel) (jap) (Entered: 06/12/1991)

PACER
101 July 1, 1991

MOTION by defendants for ext of time to resp to mot for writ of mandamus (jap) Modified on 10/05/1992 (Entered: 07/03/1991)

PACER
102 July 2, 1991

ORDER by Magistrate H. D. Young granting motion for ext of time to resp to mot for writ of mandamus until 7/15/91 [101-1] [97-1] (cc: all counsel) (jap) (Entered: 07/03/1991)

PACER
103 July 15, 1991

Response by defendant to motion for writ of mandamus [97-1] (jap) Modified on 10/05/1992 (Entered: 07/16/1991)

PACER
104 July 24, 1991

Findings and Recommendations by Magistrate Judge H. David Young - recommending that pltfs first allegation of noncompliance is w/o merit and that the parties be directed to submit addl pleading addressing concerns re the second and third issues by 8/22/91. [97-1]; obj due 8/4/91 (jap) (Entered: 07/25/1991)

PACER
105 Aug. 1, 1991

Reply to response to motion for writ of mandamus [97-1] (jap) Modified on 10/05/1992 (Entered: 08/06/1991)

PACER
106 Aug. 1, 1991

ADDITIONAL pleading and amendment purs to findings and recommendations of 7/24/91 by plaintiff to [104-1] (jap) (Entered: 08/06/1991)

PACER
107 Aug. 19, 1991

MOTION by defendants for ext of time to file addl pleadings (jap) Modified on 10/05/1992 (Entered: 08/20/1991)

PACER
108 Aug. 23, 1991

ORDER by Magistrate H. D. Young defts directed to file responsive pleading by 9/6/91 [107-1] (cc: all counsel) (jap) (Entered: 08/26/1991)

PACER
109 Sept. 4, 1991

RESPONSE by defendant to the Order of the Court (findings and recommendations) [104-1] (jap) Modified on 10/05/1992 (Entered: 09/06/1991)

PACER
110 Sept. 6, 1991

Reply by plaintiff to defts resp [109-1] (jap) (Entered: 09/12/1991)

PACER
111 Dec. 3, 1991

Supplemental Findings and Recommendations by Magistrate Judge H. David Young that pltfs motion for Writ of Mandamus be denied [97-1]; objections due 12/14/91 (jap) (Entered: 12/04/1991)

PACER
112 Dec. 17, 1991

Response by plaintiff Jackie Blue to Supplemental Findings and Recommendations [111-1] (jap) (Entered: 12/20/1991)

PACER
113 Jan. 2, 1992

MOTION by plaintiff Jackie Blue to modify the agreed modification of agreed final judgment under Federal Right Civil Procedures 60(b) (jap) (Entered: 01/02/1992)

PACER
114 Jan. 24, 1992

ORDER by Judge Elsijane T. Roy that the Court adopts the Findings and Recommendations [104-1] and the proposed Supplemental Findings and Recommendations in their entirety [111-1]; denying motion for of mandamus [97-1] [113-1] EOD 1/24/92 (cc: all counsel) (jap) (Entered: 01/24/1992)

PACER
115 April 16, 1992

MOTION by plaintiff Jackie Blue for contempt of Court (jap) (Entered: 04/23/1992)

PACER
116 April 16, 1992

MOTION by plaintiff Jackie Blue for evidentiary hearing (jap) (Entered: 04/23/1992)

PACER
117 May 11, 1992

ORDER by Judge Elsijane T. Roy referring to Magistrate H. D. Young the motion for evidentiary hearing [116-1] and the motion for contempt of Court [115-1] (cc: all counsel) (jap) (Entered: 05/12/1992)

PACER
118 May 19, 1992

MOTION for leave to withdraw as atty for pltf by Lisa A. Kelly (jap) (Entered: 05/20/1992)

PACER
119 June 4, 1992

ORDER by Magistrate H. D. Young granting motion for leave to withdraw as atty for pltfs by Lisa A. Kelly [118-1] (cc: all counsel) (jap) (Entered: 06/05/1992)

PACER
120 June 16, 1992

NOTICE by defendant of filing: 4/7/82 memorandum and corresponding documents from Imam Raheem to Chaplain Holley; 4/20/92 memorandum and corresponding documents from Chaplain David Smelser to Chaplain Holley (jap) Modified on 10/05/1992 (Entered: 06/17/1992)

PACER
121 Sept. 2, 1992

MOTION by defts Al-Mustafa Rahim, H Holley and L Lagrone to consolidate with PB-C-92-415 (jap) Modified on 10/05/1992 (Entered: 09/04/1992)

PACER
122 Oct. 22, 1992

Findings and Recommendation from Magistrate Judge H. David Young recommending that the motion for evidentiary hearing [116-1] and, the motion for contempt of Court be denied [115-1]; objections due 11/2/92 (jap) (Entered: 10/23/1992)

PACER
123 Nov. 18, 1992

Response to finding and recommendation by plaintiff Jackie Blue [122-1] (jap) (Entered: 11/19/1992)

PACER
124 Nov. 27, 1992

ORDER by Judge Elsijane T. Roy that the Court adopts the findings and recommendations from Magistrate Young in all respects [122-1]; denying pltf's motion for contempt of Court [115-1] and pltf's motion for evidentiary hearing [116-1] (cc: all counsel) (jap) (Entered: 11/30/1992)

PACER
125 Dec. 23, 1992

NOTICE of appeal by plaintiffs from District Court decision [124-1] (2 certified copies to Clerk 8USCA with original file), (cc: counsel) (dac) (Entered: 12/29/1992)

PACER
Jan. 11, 1993

DOCKETING LETTER: 8 USCA Number 93-1072; court will consider this appeal on the original file (dac) (Entered: 01/12/1993)

PACER
126 March 22, 1993

Opinion (8USCA) having carefully reviewed the record, we find this appeal to be entirely w/o merit; denying motion for appointment of counsel as moot (former empl) (Entered: 03/23/1993)

PACER
127 March 22, 1993

MANDATE from 8 USCA affirming the decision of the District Court [125-1] in accordance with the opinion of this court; original files remain with 8USCA (former empl) (Entered: 03/23/1993)

PACER
March 30, 1993

DOCKET NOTE: original files returned from 8 USCA (dac) (Entered: 03/30/1993)

PACER
128 Aug. 30, 1993

ORDER by Judge Elsijane T. Roy; denying pltf's motion to consolidate with PB-C-92-415 [121-1] (cc: all counsel) (jap) (Entered: 08/31/1993)

PACER
129 Oct. 11, 1994

MOTION by Michael Earl Abraham to reopen the case (jap) (Entered: 10/13/1994)

PACER
130 Jan. 23, 1995

Letter/response by defendants to motion to reopen the case [129-1] (jap) (Entered: 01/24/1995)

PACER
131 Sept. 25, 1995

ORDER by Judge Elsijane T. Roy denying motion of Michael Earl Abrams to reopen the case [129-1] (cc: all counsel) (jap) (Entered: 09/26/1995)

PACER
132 April 9, 1997

PETITION for writ of mandamus (bkp) (Entered: 04/09/1997)

PACER
135 Aug. 3, 2020

ORDER directing Dexter Payne to respond to 133 Mr. Blue's motion to reopen court's order on or before 9/11/2020; directing the Clerk to send a copy of this Order and Mr. Blue's motion to reopen to Director Payne at the ADC; directing the Clerk to send a copy of this Order and Mr. Blue's motion to reopen to the Arkansas Attorney General's Office; directing that a copy of this Order and Mr. Blue's motion to reopen be sent to the last counsel of record for Director Payne; and holding under advisement Mr. Blue's motion. Signed by Judge Kristine G. Baker on 8/3/2020. (jbh) (Entered: 08/03/2020)

RECAP
136 Sept. 10, 2020

NOTICE of Appearance by Brittany Nicole Edwards on behalf of Arkansas Board of Correction (Edwards, Brittany) (Entered: 09/10/2020)

RECAP
137 Sept. 10, 2020

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Arkansas Board of Correction (Attachments: # 1 Exhibit Exhibit A, 1987 Consent Decree between the parties, # 2 Exhibit Exhibit B, Declaration of Muhammad Ameen, # 3 Exhibit Exhibit C, Policy 120 of the ADC's Religious Services Manual, # 4 Exhibit Exhibit D, Policy 205 of the ADC's Religious Services Manual, # 5 Exhibit Exhibit E, Policy 310 of the ADC's Religious Services Manual, # 6 Exhibit Exhibit F, Policy 510 of the ADC's Religious Services Manual, # 7 Exhibit Exhibit G, Policy 545 of the ADC's Religious Services Manual, # 8 Exhibit Exhibit H, Policy 605 of the ADC's Religious Services Manual)(Edwards, Brittany) (Entered: 09/10/2020)

1 Exhibit Exhibit A, 1987 Consent Decree between the parties

View on PACER

2 Exhibit Exhibit B, Declaration of Muhammad Ameen

View on PACER

3 Exhibit Exhibit C, Policy 120 of the ADC's Religious Services Manual

View on PACER

4 Exhibit Exhibit D, Policy 205 of the ADC's Religious Services Manual

View on PACER

5 Exhibit Exhibit E, Policy 310 of the ADC's Religious Services Manual

View on PACER

6 Exhibit Exhibit F, Policy 510 of the ADC's Religious Services Manual

View on PACER

7 Exhibit Exhibit G, Policy 545 of the ADC's Religious Services Manual

View on PACER

8 Exhibit Exhibit H, Policy 605 of the ADC's Religious Services Manual

View on PACER

RECAP
138 Sept. 10, 2020

BRIEF IN SUPPORT re 137 Motion to Dismiss for Failure to State a Claim,, filed by Arkansas Board of Correction. (Edwards, Brittany) (Entered: 09/10/2020)

RECAP
139 Sept. 28, 2020

MOTION to Amend Consent Decree by Jackie Blue. (kdr) (Entered: 09/28/2020)

RECAP
140 Oct. 6, 2020

MOTION to Appoint Counsel by Jackie Blue. (kdr) (Entered: 10/06/2020)

RECAP
142 Oct. 9, 2020

NOTICE of Change of Address by Alvin E Lovelace. (jak) (Entered: 10/13/2020)

RECAP
141 Oct. 12, 2020

RESPONSE in Opposition re 139 MOTION to Amend/Correct filed by Arkansas Department of Correction. (Attachments: # 1 Exhibit ADC religious policy 505)(Edwards, Brittany) (Entered: 10/12/2020)

1 Exhibit ADC religious policy 505

View on PACER

RECAP
152 Oct. 14, 2020

Mail Returned Undeliverable as to Alvin E Lovelace re 140 Motion to Appoint Counsel. Resent to updated address. (jbh) (Entered: 05/20/2021)

RECAP
143 Oct. 19, 2020

RESPONSE in Opposition re 140 MOTION to Appoint Counsel filed by Arkansas Department of Correction. (Edwards, Brittany) (Entered: 10/19/2020)

RECAP
144 Nov. 9, 2020

MOTION for Evidentiary Hearing by Jackie Blue. (kdr) (Entered: 11/09/2020)

RECAP
145 Nov. 9, 2020

RESPONSE to 137 Motion to Dismiss; Plaintiff's Motion for Appointment of Counsel filed by Jackie Blue. (kdr) (Entered: 11/09/2020)

RECAP
146 Nov. 18, 2020

RESPONSE in Opposition re 144 MOTION for Hearing filed by Arkansas Department of Correction. (Edwards, Brittany) (Entered: 11/18/2020)

RECAP
147 Nov. 30, 2020

ORDER granting 133 motion to reopen for the limited purpose of determining whether Mr. Blue is entitled to the relief he seeks on the merits; directing Mr. Blue to respond to the ADC's 137 motion to dismiss within 90 days from the entry of this Order; allowing the ADC 30 days from the date of Mr. Blue's response to file a reply; and taking under advisement Mr. Blue's 139 motion to amend consent decree, 140 motion to appoint counsel, and 144 motion for evidentiary hearing. Signed by Judge Kristine G. Baker on 11/30/2020. (jbh) (Entered: 11/30/2020)

RECAP
148 Nov. 30, 2020

MOTION to Amend/Correct Complaint by Jackie Blue. (kdr) (Entered: 12/16/2020)

RECAP
149 Dec. 30, 2020

RESPONSE in Opposition re 148 MOTION to Amend/Correct filed by Arkansas Department of Correction. (Edwards, Brittany) (Entered: 12/30/2020)

RECAP
150 Feb. 10, 2021

RESPONSE to 137 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jackie Blue. (kdr) (Entered: 02/10/2021)

RECAP
151 March 12, 2021

REPLY to Response to Motion re 137 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Arkansas Department of Correction. (Edwards, Brittany) (Entered: 03/12/2021)

RECAP
153 Sept. 30, 2021

ORDER granting 137 motion to dismiss; denying 139 motion to amend the Consent Decree; denying 140 motion to appoint counsel; denying 144 motion for evidentiary hearing; denying 148 motion to amend complaint; and directing the Clerk to substitute Dexter Payne, Division of Correction Director of the ADC, in his official capacity, as the named defendant in this action. Signed by Judge Kristine G. Baker on 9/30/2021. (jbh) (Entered: 10/01/2021)

Clearinghouse
154 March 27, 2024

ORDER directing the Clerk of Court to close this case, nunc pro tunc. Signed by Chief Judge Kristine G. Baker on 3/27/2024. (jbh) (Entered: 03/27/2024)

RECAP

Case Details

State / Territory:

Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 5, 1984

Closing Date: March 27, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner alleging that prison officials violated a consent decree when they cancelled an Islamic religious service previously scheduled for April 5, 1992, but held a Christian service on the same day

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Arkansas Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Free Exercise Clause

Other Dockets:

Eastern District of Arkansas 5:84-cv-00551

U.S. Court of Appeals for the Eighth Circuit 93-01072

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Recommended Citation