The Rights of Inmates

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published January 28, 2008

By Author - LawCrossing

01/28/08

The case? Abdus-Shahid M.S. Ali, a Muslim prisoner who is serving a sentence of 20 to life for first-degree murder in the District of Columbia, attempted to sue law officials for the loss of his prayer rug and copies of the Koran. Believing there has been an increase in Muslim-inmate harassment after the attacks of September 11, Ali said, "Reports from all over the country have come in [on Muslims' religious property that] has been destroyed, confiscated, looted, lost, stolen, or taken without cause."

Ali based his lawsuit on one law: the Federal Tort Claims Act, "which applies to federal employees' liability for damages and generally waives immunity from being sued," says the New York Times.

However, according to the ruling, "the federal law the inmate relied on prohibits lawsuits against federal corrections officers."

Justice Anthony Kennedy disagreed. "The seizure of property by an officer raises serious concerns for the liberty of our people, and the act should not be read to permit appropriation of property without a remedy," he said.
United States

But the Supreme Court, according to the New York Times, said that "federal law enforcement officers are immune from lawsuits for mishandling, losing, or even stealing personal property that comes under their control in the course of their official duties." And therefore, Ali's lawsuit was dismissed.

Ali lost his possessions when he was being transferred from an Atlanta prison to a prison in Inez, KY. The property he left behind was meant to be shipped; however, when he received it, several religious items were missing, including copies of the Koran and a prayer rug.


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