Al-Ra'id v. Ingle

69 F.3d 28, 1995 WL 653479
CourtCourt of Appeals for the Fifth Circuit
DecidedNovember 6, 1995
Docket12-50800
StatusPublished
Cited by124 cases

This text of 69 F.3d 28 (Al-Ra'id v. Ingle) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Al-Ra'id v. Ingle, 69 F.3d 28, 1995 WL 653479 (5th Cir. 1995).

Opinions

JERRY E. SMITH, Circuit Judge:

Adisa Al-Ra’id appeals a summary judgment for the defendants in his 42 U.S.C. § 1983 action involving a confiscation of his religious materials. We affirm.

I.

Al-Ra’id, a Muslim prisoner in the Texas Department of Criminal Justice (“TDCJ”), filed a complaint in state court against unit chaplain Thomas J. Ingle, Jr., and Islamic chaplain Eugene Farooq. Al-Ra’id alleged that on May 9, 1993, the defendants confiscated some of his Islamic religious materials, depriving him of his right freely to practice his religion because of his race and religious beliefs.

According to Al-Ra’id, on May 9 he went to Ingle’s office to request photocopies of certain Islamic materials. Ingle was busy and stated that Al-Ra’id could leave the originals in his office for Ingle to review and copy later. Al-Ra’id contends, however, that Ingle later reacted in the following manner:

Defendant Ingle notified the Appellant that he had read said literature, and due to the fact that he (Defendant Ingle) was a Christian, he found the literature personally degrading, insulting and repulsive, in [31]*31addition to expressing numerous other derogatory superlatives in regards to the literature the Appellant had given Defendant Ingle for photocopying.

The materials were not returned to Al-Ra’id.

Al-Ra’id filed a supplemental complaint in which he alleged that the defendants had conspired to retaliate against him for filing his lawsuit in violation of his right of access to the courts.1 In particular, Al-Ra’id argued that the violations occurred when defendants prohibited him from speaking, teaching, and having a voice in the prison Islamic community.

The defendants removed the action to federal court, then filed a motion to dismiss or for summary judgment, asserting, inter alia, qualified immunity. The district court granted summary judgment on qualified immunity grounds.

II.

We review summary judgment de novo, “reviewing the record under the same standards which guided the district court.” Gulf States Ins. Co. v. Alamo Carriage Serv., 22 F.3d 88, 90 (5th Cir.1994) (internal quotations omitted). Summary judgment is proper “when no genuine issue of material fact exists that would necessitate a trial.” Id. In determining whether summary judgment was proper, we view all factual questions in the light most favorable to the non-movant. See Lemelle v. Universal Mfg. Corp., 18 F.3d 1268, 1272 (5th Cir.1994).

In assessing qualified immunity, we engage in a two-step analysis. First, we determine whether a plaintiff has alleged the violation of a clearly established constitutional right under the current state of the law. See Rankin v. Klevenhagen, 5 F.3d 103, 105-08 (5th Cir.1993). Second, if the plaintiff has alleged such a constitutional violation, we decide whether the defendant’s conduct was “objectively reasonable,” measured by reference to the law as clearly established at the time of the challenged conduct. See Harper v. Harris County, Tex., 21 F.3d 597, 601 (5th Cir.1994); Rankin, 5 F.3d at 108.

III.

A.

In the district court, Al-Ra’id claimed that the defendants retaliated against him for initiating this civil action, in violation of his right of access to the courts. Al-Ra’id appears to have waived or abandoned this issue on appeal, however, as he does not brief it.

An appellant’s brief must contain an argument on the issues that are raised, in order that we, as a reviewing court, may know what action of the district court is being complained of. See Fed.R.App.P. 28(a)(6). There is no exemption for pro se litigants, though we construe their briefs liberally.

In the section of his brief discussing Eleventh Amendment immunity, Al-Ra’id makes one passing reference to “the retaliatory acts taken by Defendant Farooq against the Appellant after Appellant initiated this civil action.” Later in the same Eleventh Amendment immunity section, he again refers to the alleged “retaliation] against the Appellant for petitioning the government for the redress of grievances and utilizing his right to access to courts.” No other mention is made of the retaliation claim, nor does Al-Ra’id make any effort to inform us of what alleged error the district court made in disposing of this issue. Accordingly, we have nothing to review or rule upon; the issue is abandoned.

B.

Al-Ra’id argues that the chaplains “totally disregarded” the established prison rules and regulations for confiscating personal property, in violation of his due process rights. In Martin v. Dallas County, Tex., 822 F.2d 553, 554-55 (5th Cir.1987), the plaintiff filed a § 1983 action alleging that he was held in jail for 3)6 weeks longer than his DWI sentence. He complained that his wrongful incarcera[32]*32tion constituted a deprivation of liberty without due process of law. We held as follows:

Whether such deprivation came about intentionally or negligently, both of which allegations are found in the complaint, this aspect of the case falls within the ambit of Parrott v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981) and Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984). Parratt and Hudson hold that no constitutional claim may be asserted by a plaintiff who was deprived of his liberty or property by negligent or intentional conduct of public officials, unless the state procedures under which those officials acted are unconstitutional or state law fails to afford an adequate post-deprivation remedy for their conduct.

Id. at 555 (citations omitted). We concluded that no constitutional claim could be asserted, as adequate post-deprivation remedies were available:

Texas law afforded Martin remedies against his illegal detention both while it was underway and for post-deprivation compensatory relief. Martin could have sought habeas corpus relief pursuant to Tex.Crim.Proc.Code Ann. art. 11.01 or tort recovery for false imprisonment.

Id.

Similarly, Al-Ra’id’s procedural due process claim2 cannot be asserted, because adequate post-deprivation remedies are available through the prison grievance procedure.

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Cite This Page — Counsel Stack

Bluebook (online)
69 F.3d 28, 1995 WL 653479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/al-raid-v-ingle-ca5-1995.