Gary Wall v. James Wade
2014 U.S. App. LEXIS 2039
| 4th Cir. | 2014Background
- Gary Wall, a Muslim inmate at Red Onion State Prison (ROSP), was allowed Ramadan accommodations in 2008–2009 but denied participation in 2010 after ROSP adopted a policy requiring inmates to possess physical indicia of Islamic faith (Quran, kufi, prayer rug, or prison-obtained religious materials).
- Wall lacked those items (he had lost belongings during transfer and produced documentation supporting that claim) and was removed from the Ramadan list despite prior participation and receipt of "common fare" meals.
- Wall attempted internal grievances and concealed food to observe the fast; staff discovered the food and he ultimately ate during the day under threat of discipline.
- Wall sued under RLUIPA and 42 U.S.C. § 1983 (Free Exercise/First Amendment), seeking equitable relief and damages; he was transferred away and back to ROSP during litigation.
- The district court granted summary judgment for defendants, finding equitable claims moot and awarding qualified immunity on the First Amendment damages claim; the Fourth Circuit vacated and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of equitable relief (voluntary cessation) | Wall: policy change after litigation does not moot claims because defendants can reinstate policy; no proof termination is permanent | Defendants: ROSP/VDOC abandoned the policy; change moots injunctive relief | Reversed: defendants failed the heavy Laidlaw burden — claims not moot; dismissal vacated |
| Qualified immunity for First Amendment damages (sincerity test & denial of Ramadan) | Wall: defendants’ rigid requirement of physical items violated Turner reasonableness and clearly established right to religious diet during Ramadan | Defendants: policy reasonably furthered penological interests; lack of controlling case law on sincerity-tests supports immunity | Reversed: application of the policy to Wall failed Turner factors and violated clearly established rights; qualified immunity denied |
Key Cases Cited
- Friends of the Earth v. Laidlaw Envtl. Servs., 528 U.S. 167 (voluntary cessation and mootness burden on defendant)
- Turner v. Safley, 482 U.S. 78 (prison regulation reasonableness test)
- Lovelace v. Lee, 472 F.3d 174 (4th Cir.) (prisoners’ right to religious dietary accommodations/RLUIPA context)
- Overton v. Bazzetta, 539 U.S. 126 (deference to prison administrators under Turner)
- O’Lone v. Estate of Shabazz, 482 U.S. 342 (deference to penological objectives; distinguishable facts)
- Cutter v. Wilkinson, 544 U.S. 709 (courts may assess sincerity; context for institutional inquiries)
- Ridpath v. Bd. of Governors Marshall Univ., 447 F.3d 292 (qualified immunity framework — 4th Cir.)
- Lyons P’ship v. Morris Costumes, 243 F.3d 789 (4th Cir.) (capacity to repeat harm relevant to mootness)
- Pritchett v. Alford, 973 F.2d 307 (4th Cir.) (clearly established rights include general applications of core principles)
- Maciariello v. Sumner, 973 F.2d 295 (4th Cir.) (qualified immunity does not protect officials from transgressing clearly established rights)