Case: Rahim X v. Morris

7:96-cv-00493 | U.S. District Court for the Western District of Virginia

Filed Date: May 23, 1996

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On May 23, 1996, an inmate at the Buckingham Correctional Center in Virginia filed a lawsuit under 42 U.S.C. § 1983 and the Religious Freedom Restoration Act against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. He alleged that his constitutional rights had been violated by the prison's policy that required an inmate to provide a written statement from a religious official before they would give him a religious diet. The defendant resc…

On May 23, 1996, an inmate at the Buckingham Correctional Center in Virginia filed a lawsuit under 42 U.S.C. § 1983 and the Religious Freedom Restoration Act against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. He alleged that his constitutional rights had been violated by the prison's policy that required an inmate to provide a written statement from a religious official before they would give him a religious diet. The defendant rescinded the policy and filed a motion for summary judgment.

On March 27, 1997, the U.S. District Court for the Western District of Virginia (Judge Samuel G. Wilson) granted summary judgment in favor of the prison and dismissed the prisoner's claims for declaratory and injunctive relief. The plaintiff asked the court to allow him to recover his costs from the lawsuit, arguing that the defendants had rescinded the policy as a direct result of the lawsuit. On October 27, 1997, the U.S. District Court for the Western District of Virginia (Judge Wilson) denied the inmate's motion and dismissed the case. Rahim X v. Morris 1997 WL 687729 (W.D.Va. Oct. 27, 1997).

Summary Authors

Kristen Sagar (3/10/2006)

People


Judge(s)

Wilson, Samuel Grayson (Virginia)

Attorney for Defendant

Davis, Mark Ralph (Virginia)

Documents in the Clearinghouse

Documents in this case

7:96-cv-00493

Docket (PACER)

July 16, 2004

July 16, 2004

Docket
38

7:96-cv-00493

Memorandum Opinion

Oct. 27, 1997

Oct. 27, 1997

Order/Opinion

1997 WL 687729

Docket

Last updated March 24, 2025, 8:20 a.m.

ECF Number Date Description Link
1 May 23, 1996

ORDER, ent FILING this action w/o contemporaneous payment of fees; ADVISING pltf. as to three strikes provision of PLRA; ASSESSING a filing fee of $120; DEFERRING all action in this case; ADVISING pltf. to correct deficiencies, return trust account, verified and consent statements as required within 20 days or risk dismissal; REFERRING case to Glen Conrad, USMJ for all non-dispositive rulings. ( signed by Magistrate Judge Glen E. Conrad ) (iew)

PACER
2 May 23, 1996

MOTION WITH MEMORANDUM in Support for Temporary Restraining Order , and/or for Preliminary Injunction , and for defts to Show Cause , and to Proceed in Forma Pauperis by Rahim X #167311 (iew)

PACER
2 May 23, 1996

COMPLAINT (iew)

PACER
3 May 23, 1996

ORDER, ent REQUESTING the Warden at Buckingham to Transport the Plaintiff to Court for Hearing Date 5/28/96 @ 1:30 pm before J. Wilson in RKE ( signed by Magistrate Judge Glen E. Conrad (iew)

PACER
4 May 24, 1996

ORDER ent CONTINUING the 5/28/96 hearing pending ruling on pltf's m/temp restraining order ( signed by Magistrate Judge Glen E. Conrad ) (iew)

PACER
5 May 24, 1996

ORDER pltf's [2-1] motion for Temporary Restraining Order under advisement, pltf's [2-2] motion for Preliminary Injunction under advisement, and DIRECTING defts to Show Cause by 5/31/96 why the court should not enter the requested temporary restraining order ( signed by Judge Samuel G. Wilson ) (iew) (Entered: 05/28/1996)

PACER
May 24, 1996

CANCELLED transportation order with Louise, institution Buckingham for inmate Rahim X (aka Richard Harris) - Hearing for Tues 5/28 is OFF! (iew)

PACER
6 June 5, 1996

ORDER granting pltf's [2-1] motion for Temporary Restraining Order, ORDERING defts to refrain for a period of 10 days from enforcing/ implementing that portion of the VDOC new approval policy that requires an inmate to provide written statement from religious office re: religious diet, and whatever else as set forth in #1 of the order, and GRANTING this TRO w/o condition that a bond be filed by pltf , and that nothing in this order mandates that the VDOC provide a special diet based on inmate's religious beliefs , and the Court will conduct a Hearing w/i 10 days to determine whether a prel injunction should issue, [2-2] motion for Preliminary Injunction ( signed by Judge Samuel G. Wilson ) (iew)

PACER
7 June 6, 1996

AFFIDAVIT Re: inmate account (iew)

PACER
8 June 10, 1996

ADDITIONAL EVIDENCE by Rahim X #167311 ("M/for Appt of Special Master to Test Pltf's Exhibit No. 2") (iew)

PACER
10 June 12, 1996

MOTION to Extend Time pltf to submit trust stmt by Rahim X #167311 (Attorney ) (ssm)

PACER
11 June 13, 1996

ORDER granting an extension of ten (10) days on the [6-1] order GRANTING this TRO w/o condition that a bond be filed by pltf ( signed by Judge Samuel G. Wilson ) (ssm) (Entered: 06/14/1996)

PACER
June 14, 1996

CONFIRMED transportation order with institution Buckingham Correctional for inmate RahimX from Louise at Buckingham Correctional Center. (lfc) Modified on 06/14/1996

PACER
12 June 17, 1996

ORDER, set Response Due Deadline to 7/7/96 and DIRECTING Clerk to accomplish svc upon return of consent ( signed by Magistrate Judge Glen E. Conrad ) (ssm) Modified on 06/18/1996 (Entered: 06/18/1996)

PACER
13 June 17, 1996

CONSENT TO FEE by pltf/pet of initial payment of $0 and 20% of mo. income thereafter (ssm) Modified on 06/18/1996 (Entered: 06/18/1996)

PACER
June 17, 1996

NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS as to E. C. Morris, John B. Taylor, Barbara Wheeler 6/17/96 hand delivered in open court to Mark Davis (ssm) (Entered: 06/18/1996)

PACER
June 17, 1996

Motion hearing held re: [2-1] motion for Temporary Restraining Order by Rahim X #167311, [2-2] motion for Preliminary Injunction by Rahim X #167311, [2-3] motion for defts to Show Cause by Rahim X #167311 (Judge Wilson OCR Clara Whitlock) (ssm) (Entered: 06/18/1996)

PACER
14 June 18, 1996

ORDER denying [10-1] motion to Extend Time pltf to submit trust stmt, mooting [2-4] motion to Proceed in Forma Pauperis ( signed by Magistrate Judge Glen E. Conrad ) (ssm) Modified on 06/18/1996

PACER
16 June 19, 1996

MEMORANDUM OPINION ( signed by Judge Samuel G. Wilson ) (ssm)

PACER
17 June 19, 1996

ORDER granting [2-2] motion for Preliminary Injunction in that defts Morris, Taylor & Wheeler refrain from enforcing or implementing that portion of the VDOC new approval policy that requires an inmate to provide a written statement from a religious official as a precondition to the receipt of a religious diet; and conditioning this injunction on plaintiff's payment of a $10.00 Bond ( signed by Judge Samuel G. Wilson ) (ssm)

PACER
18 June 20, 1996

EXECUTED AFFIDAVIT Re: Exhibit submitted at Motion Hearing unexecuted by Sylvia Whitten (ssm)

PACER
June 26, 1996

CASH BOND ( $ 10.00 paid 6/26/96, Receipt #74907) by Rahim X #167311 via Penny Dunn (iew)

PACER
20 July 1, 1996

ORDER ent DIRECTING trust accts officer to collect fee ( signed by Magistrate Judge Glen E. Conrad ) (iew)

PACER
21 July 17, 1996

LETTER NOTICE re: VDOC policy requiring statement from Rabbi/Imam by E. C. Morris, John B. Taylor, Barbara Wheeler (iew)

PACER
July 17, 1996

WAIVER OF SERVICE Returned Executed as to E. C. Morris, John B. Taylor, Barbara Wheeler (iew)

PACER
22 Aug. 5, 1996

MOTION Contempt Citation for violation of prel inj as to E. C. Morris, John B. Taylor, Barbara Wheeler by Rahim X #167311 (iew)

PACER
23 Aug. 6, 1996

VERIFIED STATEMENT w/ Attachments by Plaintiff (iew)

PACER
24 Aug. 7, 1996

RESPONSE TO PAINTIFF'S MOTION FOR CONTEMPT CITATION by E. C. Morris, John B. Taylor, Barbara Wheeler in Opposition to [22-1] motion Contempt Citation for violation of prel inj as to E. C. Morris, John B. Taylor, Barbara Wheeler by Rahim X #167311 (iew) (Entered: 08/08/1996)

PACER
25 Aug. 15, 1996

MOTION for Summary Judgment by E. C. Morris, John B. Taylor, Barbara Wheeler (iew)

PACER
26 Aug. 15, 1996

Roseboro Notice (iew)

PACER
27 Sept. 11, 1996

MOTION to Extend Time to resp w/i 20 days to m/sj by Rahim X #167311 (Attorney ) (ssm)

PACER
28 Sept. 16, 1996

ORDER granting [27-1] motion to Extend Time to resp w/i 30 days to m/sj ( signed by Magistrate Judge Glen E. Conrad ) (lfc)

PACER
29 Oct. 21, 1996

MOTION to Extend Time an additional (30) days to file responsive pleadings by Rahim X #167311 (lfc) (Entered: 10/22/1996)

PACER
30 Oct. 22, 1996

ORDER granting [29-1] motion to Extend Time an additional (30) days to file responsive pleadings ( signed by Magistrate Judge Glen E. Conrad ) (lfc)

PACER
31 Nov. 27, 1996

RESPONSE by Rahim X #167311 in Opposition to [25-1] motion for Summary Judgment by Barbara Wheeler, John B. Taylor, E. C. Morris (lfc)

PACER
32 Nov. 27, 1996

MOTION to Amend [2-1] complaint by Rahim X #167311 (lfc)

PACER
33 March 27, 1997

MEMORANDUM OPINION ( signed by Judge Samuel G. Wilson ) (lfc)

PACER
34 March 27, 1997

ORDER denying [32-1] motion to Amend [2-1] complaint, granting [25- 1] motion for Summary Judgment, denying [22-1] motion Contempt Citation for violation of prel inj as to E. C. Morris, John B. Taylor, Barbara Wheeler, all claims for injunctive and declaratoy relief are hereby dismissed w/out prejudice as moot; pltf.s motion for costs is hereby taken under advisement; defts. are DIRECTED to respond to plaintiff's motion for costs w/in ten (10) days of the entry of this order and Striking this case from the active docket of this court. ( signed by Judge Samuel G. Wilson ) (lfc)

PACER
March 27, 1997

Case closed (lfc)

PACER
35 April 11, 1997

Response To Plaintiff's Motion For Costs by E. C. Morris, John B. Taylor, Barbara Wheeler (lfc)

PACER
36 April 14, 1997

ORDER, pltf. is GRANTED (20) days from the date of entry of this order in which to respond to the deft's. response. ( signed by Magistrate Judge Glen E. Conrad ) (lfc)

PACER
Oct. 24, 1997

Filing Fee Paid; FILING FEE $ 22.53 RECEIPT # 84278 (fne)

PACER
37 Oct. 28, 1997

LETTER MOTION to release $10 Bond by Rahim X #167311 (fne)

PACER
38 Oct. 28, 1997

MEMORANDUM OPINION ( signed by Chief Judge Samuel G. Wilson ) (fne)

PACER
39 Oct. 28, 1997

ORDER denying plaintiff's [37-1] motion to release $10 Bond; ordering the Clerk to apply the $10 bond towards the amount plaintiff owes for filing fees ( signed by Chief Judge Samuel G. Wilson ) (fne)

PACER
Dec. 22, 1997

Filing Fee Paid; FILING FEE $ 8.00 RECEIPT # 85116 (fne)

PACER
Jan. 9, 1998

Partial Payment on Filing Fee Paid; FILING FEE $ 20.84 RECEIPT # 85241 (ssm)

PACER
March 27, 1998

Filing Fee Paid; FILING FEE $ 4.56 RECEIPT # 86809 (iew)

PACER
May 6, 1998

Partial Payment on Filing Fee Paid; FILING FEE $ 4.40 RECEIPT # 87466 (ssm)

PACER
July 31, 1998

Partial Payment on Filing Fee Paid; FILING FEE $ 3.68 RECEIPT # 88847 (ssm)

PACER
40 July 16, 2004

ORDER REMITTING FEE COLLECTION. Signed by Judge Samuel G. Wilson on 7/16/04. (tob, )

PACER

Case Details

State / Territory:

Virginia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 23, 1996

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An inmate in the custody of the Virginia Department of Corrections challenging the newly-enacted policy for inmates requesting religious diets

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

State

Virginia Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Establishment Clause

Free Exercise Clause

Other Dockets:

Western District of Virginia 7:96-cv-00493

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Food service / nutrition / hydration

Religious programs / policies

Recommended Citation