Ali v. Jones
699 F. App'x 824
| 10th Cir. | 2017Background
- Ali appeals district court dismissal of claims and summary judgment for three defendants; alleges denial of Halal diet and Noble Quran copy, and retaliation; district court adopted magistrate reports and entered judgment for defendants; RLUIPA claims moot after release from confinement; asserted First Amendment and retaliation claims under 42 U.S.C. §1983; presented various bench and procedural motions; this panel affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RLUIPA mootness after release | Ali argues RLUIPA claims remain viable | RLUIPA claims moot once released | Moot; claims dismissed |
| Personal involvement under §1983 | Defendants denied Halal diet | No personal involvement shown | Claims fail for lack of personal involvement |
| Right to Halal diet and Quran copy | Restriction burdened religious exercise | Regulations rationally related to penology; alternatives exist | Not substantially burdened; permissible |
| Retaliation and Quran confiscation claim | Cell raid retaliatory for Muslim faith | No Fourth Amendment privacy claim; insufficient evidence of retaliation | No retaliation established; not cognizable |
| Overall affirmance of district rulings | District court erred in multiple rulings | Rulings were correct and properly supported | Affirmed |
Key Cases Cited
- Pfeil v. Lampert, 603 F. App’x 665 (10th Cir. 2015) (RLUIPA mootness after release from custody)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading sufficiency; personal involvement required)
- Turner v. Safley, 482 U.S. 78 (U.S. 1987) (restrictions on religious exercise; reasonableness of regulations)
- Hudson v. Palmer, 468 U.S. 517 (U.S. 1984) (no Fourth Amendment privacy rights in jail)
- Shero v. City of Grove, 510 F.3d 1196 (10th Cir. 2007) (retaliation claim elements)
- McDonald v. Kinder-Morgan, Inc., 287 F.3d 992 (10th Cir. 2002) (establishment clause issue not considered on appeal)
