http://www.msnbc.msn.com/id/22783023/
<http://www.msnbc.msn.com/id/22783023/http://www.msnbc.msn.com/id/22783023/>
http://www.msnbc.msn.com/id/22783023/

Justices rule against Muslim inmate 

Prisoner sued after Quran disappeared in transfer between prisons
The Associated Press
updated 8:37 a.m. MT, Tues., Jan. 22, 2008

WASHINGTON - The Supreme Court said Tuesday that a Muslim inmate cannot sue
the government over the disappearance of the prisoner's copies of the Quran
and a prayer rug.

In a 5-4 ruling, the justices said the federal law the inmate relied on
prohibits lawsuits against federal corrections officers.

Abdus-Shahid M.S. Ali says the missing books and rug reflect widespread
harassment against Muslim inmates in federal, state and local prisons
stemming from the Sept. 11 terrorist attacks.

"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 said in the lawsuit he filed in federal court.

Ali is serving a sentence of 20 years to life in prison for committing
first-degree murder in the District of Columbia.

The issue in the case was whether federal prison guards are immune from suit
under the Federal Tort Claims Act.

The law blocks lawsuits against the government over goods detained by
customs and excise officers or "any other law enforcement officer." Two
lower federal courts said Ali cannot sue because prison officials are law
enforcement officers.

Justice Clarence Thomas, writing for a majority that cut across ideological
grounds, agreed with the lower courts. The law "forecloses lawsuits against
the United States for the unlawful detention of property by 'any,' not just
'some,' law enforcement officers," Thomas said.

Besides the two copies of the Quran and the prayer rug, Ali is missing
stamps and other personal items worth $177 that he says never showed up
after his transfer from a federal penitentiary in Atlanta to Big Sandy
penitentiary at Inez, Ky., in 2003. He said the last time he saw the
now-missing items was when he turned them over to a prison supervisor in
Atlanta.

Muslim inmates have been subjected to "very hard times and bad treatment" at
the hands of federal, state and local prison employees, Ali said in court
papers.

It seems as though "the many prison employees think that they can hurt you
best taking your personally owned property," Ali wrote.


He added that because he has "practiced his faith to the fullest" he has
been subjected to prison officials repeatedly confiscating and destroying
his legal and religious property.

Ali said he has been harassed for his religious beliefs "year after year" in
both the District of Columbia Department of Corrections and the U.S. Bureau
of Prisons.

The case is Ali v. Federal Bureau of Prisons, 06-9130.



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