Opinion
3:19-cv-00196-MMD-CSD
12-05-2022
SAID ELMAJZOUB, Plaintiff, v. SCOTT DAVIS, et al., Defendants.
MODIFIED PERMANENT INJUNCTION ORDER
MIRANDA M. DU, CHIEF UNITED STATES DISTRICT JUDGE.
In light of the December 2, 2022, order to show cause hearing (ECF No. 108), the Court has modified its prior permanent injunction (ECF No. 91) to reflect the current conditions at Lovelock Correctional Center (“LCC”), and has fashioned a revised order that is narrowly drawn and the least intrusive means of correcting the RLUIPA violation. See 18 U.S.C. § 3626(a)(1)(A).
18 U.S.C. § 3626(a)(1)(A) provides that “[p]rospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right. The court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief.”
Given LCC's significant staffing shortages, the Court will impose a limit on the number of inmates that may attend Friday afternoon Jumu'ah services every week, provide exceptions for emergency situations and for inmates whose circumstances make attendance impossible, and will not require LCC to hold Jumu'ah for Level 2 and Level 3 inmates at the Chapel.
It is therefore ordered that Defendants must schedule weekly Jumu'ah services at LCC on Fridays from 12:30 p.m. to 1:45 p.m. for all LCC Muslim inmates. Service for Level 1 Muslim inmates must be held at the Chapel. Service for Level 2 and Level 3 Muslim inmates must be held at the Chapel or at another location at LCC.
Plaintiff Said Elmajzoub is a Level 1 inmate at LCC.
It is further ordered that Defendants must provide Muslim inmates with the necessary religious materials and supplies to prepare for and properly execute Jumu'ah ahead of every service.
It is further ordered that the total number of Muslim inmates who may attend weekly Friday afternoon Jumu'ah services is limited to 100 individuals.
Although Plaintiff represents that the number of Muslim inmates at LCC is around 50, the Court will cap the number at 100 due to anticipated fluctuations in the prison population. (ECF Nos. 85-1, 89.)
It is further ordered that all LCC Muslim inmates are allowed to attend Jumu'ah services unless there is an emergency or the circumstances of an individual inmate preclude them from attending (i.e., prison lockdowns, medical issues that prevent the inmate from moving, or the inmate is in disciplinary segregation).