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

> Court of Appeals for the Eleventh Circuit · February 27, 1989 · 866 F.2d 1313

URL: https://www.frixlaw.com/law-library/cases/9478675

## Case

- **Full name:** Mustafa Nasir SALEEM, in Behalf of Himself and Other Black Muslims of the Nation of Islam, Plaintiff-Appellant, v. David C. EVANS, Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** February 27, 1989
- **Citations:** 866 F.2d 1313; 1989 U.S. App. LEXIS 2218; 1989 WL 9367
- **Precedential status:** Published
- **Opinion:** Dissent by Fay
- **Judges:** Fay, Clark, Edmondson, Cox
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9478675

## How later opinions describe it (automated extraction)

- 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…
- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9478675. Public record. Not legal advice.