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Ali v. Jones
699 F. App'x 824
| 10th Cir. | 2017
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Background

  • 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)
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Case Details

Case Name: Ali v. Jones
Court Name: Court of Appeals for the Tenth Circuit
Date Published: Oct 13, 2017
Citation: 699 F. App'x 824
Docket Number: 17-6050
Court Abbreviation: 10th Cir.