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Abdulhaseeb v. Calbone, No. 08-6092

By FindLaw Staff on April 02, 2010 | Last updated on March 21, 2019

Abdulhaseeb v. Calbone, No. 08-6092, concerned an action under the Religious Land Use and Institutionalized Persons Act (RLUIPA), and 42 U.S.C. section 1983, setting forth claims concerning plaintiff's conditions of incarceration.  The court of appeals affirmed summary judgment for defendants in part, on the ground that the prison administrative process was not inadequate and thus plaintiff failed to exhaust certain claims.  However, the court vacated in part, holding that 1) plaintiff remained incarcerated in the Oklahoma Department of Correction's (ODOC) custody, subject to ODOC policies, and a judgment in his favor could require ODOC to modify those policies, and thus his claims were not moot; and 2) there was no evidence in this record that plaintiff did not sincerely hold his expressed beliefs that he should eat a halal diet that includes meats, even though other Muslims may find a vegetarian or non-pork diet sufficient to satisfy Islam.

As the court wrote:  "Madyun Abdulhaseeb, an Oklahoma inmate who follows the Islamic faith, filed suit under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc to 2000cc-5,1 and 42 U.S.C. § 1983, setting forth seventeen claims concerning his conditions of incarceration. The district court dismissed without prejudice several of his claims for failure to exhaust administrative remedies and granted summary judgment to defendants on the remaining claims. Mr. Abdulhaseeb appeals. Initially he proceeded pro se, but we appointed counsel to represent him for supplemental briefing and oral argument."

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