United States Second Circuit

In a section 1983 action alleging that a prison refused to allow Shiite Muslim plaintiffs to hold their own congregate prayer services separate from Sunni Muslim inmates, in violation of their constitutional and federal statutory rights, the district court erred by failing to provide plaintiffs adequate notice of its intention to dismiss the action.

Appellate Information

• Decided 09/24/2003
• Published 09/24/2003

Judges

• WESLEY, Circuit Judge., Before:  VAN GRAAFEILAND, CALABRESI, WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• J. Andrew Kent, New York, NY, for Plaintiffs-Appellants., Richard S. Mezan, for Foundation for the Defense of Democracies, Amicus Curiae.


• For Appellees:
  
• Sachin S. Pandya, Assistant Solicitor General for Eliot Spitzer, Attorney General of New York, (Michael S. Belohlavek, Deputy Solicitor General, on the brief), New York, NY, for Defendants-Appellees.