Ghailani v. Sessions

The government allowed a prisoner's SAMs to expire, and could not proffer a compelling argument to that continuing one such measure was not the least restrictive means of furthering a governmental interest. Plaintiff-appellant Ahmed Khalfan Ghailani was a prisoner at the United States Penitentiary, Administrative Maximum Facility in Florence, Colorado (“ADX Florence”). He was subjected to Special Administrative Measures (“SAMs”) that limited his contact with the outside world due to past terrorist activities and his connections with terrorist groups. One of the restrictions included a prohibition against participating in group prayer. Acting pro se, plaintiff challenged the legality of his numerous restrictions. He requested a declaratory judgment proclaiming that the government’s imposition and enforcement of the restrictions violated numerous constitutional provisions as well as the Religious Freedom and Restoration Act (“RFRA”). He also sought an injunction ordering the government to permit his participation in group prayer. The district court dismissed his suit for failure to state a claim. While his case was on appeal, the government allowed plaintiff's SAMs to expire. But he was still prohibited from participating in group prayer due to the housing restrictions at ADX Florence. The Tenth Circuit found that the government did not meet its burden to affirmatively demonstrate that continuing to deny plaintiff the right to freely exercise his religion one a week furthered a compelling governmental interest in the least restrictive manner. Accordingly, the Court reversed the district court granting the government's motion to dismiss plaitniff's SAMs claims, and remanded this case with instructions to dismiss those claims as moot. View "Ghailani v. Sessions" on Justia Law