Opinion

Mustafa Nasir Saleem, in Behalf of Himself and Other Black Muslims of the Nation of Islam v. David C. Evans

  • 866 F.2d 1313
  • 1989 U.S. App. LEXIS 2218
  • 1989 WL 9367
Court
Court of Appeals for the Eleventh Circuit
Filed
Feb 27, 1989
Status
Published
Author
Fay
On the bench
Fay, Clark, Edmondson, Cox
Cited by
22 cases

explaining that ordinarily a prisoner’s First Amendment Free Exercise claim should not be dismissed for failure to state a claim unless the complaint’s allegations show the state has a legitimate justification for regulating a prisoner’s religious practices or the claim is “so facially idiosyncratic” that no state justification is required

How later courts described this case

  • explaining that ordinarily a prisoner’s First Amendment Free Exercise claim should not be dismissed for failure to state a claim unless the complaint’s allegations show the state has a legitimate justification for regulating a prisoner’s religious practices or the claim is “so facially idiosyncratic” that no state justification is required
  • noting in appendix to case that generally the court should “permit dismissal of a First Amendment claim only if it involves a religious claim so facially idiosyncratic that neither a hearing nor state justification of its regulation is required”
  • involving a section 1983 action alleging violations of prisoner's First and Fourteenth Amendment rights, and apparently seeking only to be provided with a Muslim minister of the appropriate sect to minister to the prisoner's religious needs
  • prisoner’s free exercise claim should not be dismissed for failure to state a claim unless the complaint’s allegations show the state has a legitimate justification for regulating a prisoner’s religious practices or the claim is “so facially idiosyncratic” that no state justification is required

Written by the judges who cited it.

The opinion

FAY, Circuit Judge,

dissenting:

In my opinion the issues raised by the complaint are controlled by Elam v. Henderson and Walker v. Blackwell cited and discussed by the majority. I would affirm the dismissal.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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