Ajala, Mustafa-El et al v. West, Kelli et al

Filing 16

ORDER that this case is SEVERED in accordance with Fed. R. Civ. P. 20, Fed. R. Civ. P. 21 and the court's inherent authority into cases 13-cv-544-bbc, 13-cv-545-bbc and 13-cv-546-bbc. The following defendants are DISMISSED from case no. 13-cv-18 4-bbc: Smith, Hamblin, Casperson and Boughton. I will screen case no. 13-cv-184-bbc in a separate order. Plaintiff Ajala is directed to make three additional initial partial payments in the amount of $19.59 for each new case. Signed by District Judge Barbara B. Crabb on 8/12/2013. (jef),(ps)

Ajala, Mustafa-El et al v. West, Kelli et al

Doc. 16

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MUSTAFA-EL K.A. AJALA
f.k.a. Dennis E. Jones-El, and
SPENCER A. BROWN,
ORDER
Plaintiffs,
13-cv-184-bbc
v.
KELLI WEST, AMY SMITH,
RICK RAEMISCH, TODD OVERBO,
CATHY JESS, PETER HUIBREGTSE,
GARY HAMBLIN, TIM HAINES,
CHARLES COLE, STEVE CASPERSON,
GARY BOUGHTON and ANTHONY BROADBENT,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In an order dated July 3, 2013, dkt. #14, I concluded that the complaint filed by
plaintiffs Mustafa-El K.A. Ajala and Spencer Brown had to be severed because it included
no fewer than 15 claims, many of which were unrelated to each other. I concluded that
plaintiffs’ claims could be grouped into four lawsuits about (1) policies and practices
surrounding Ramadan; (2) policies and practices surrounding halal; (3) restrictions on
Jumuah and Taleem; and (4) restrictions on wearing a kufi. All of plaintiff Brown’s claims
were included in what I labeled Lawsuit #1 regarding Ramadan, so he did not need to choose
which lawsuits he wanted to pursue. However, I instructed plaintiff Ajala to choose which
lawsuits he wanted to pursue and which ones he wanted to dismiss without prejudice to his
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refiling them at a later date.
In response, plaintiff Ajala says that he wants to proceed with each of the four
lawsuits. Dkt. #17. He does not say which lawsuit he wants to prosecute as no. 13-cv-184bbc (despite a request from the court that he do so), so I will construe plaintiff’s silence on
this issue to mean that he does not have a preference. To simplify matters, plaintiffs’ joint
claims regarding Ramadan will proceed as a no. 13-cv-184-bbc and I will direct the clerk of
court to assign new case numbers to plaintiff Ajala’s remaining three lawsuits.
Because both plaintiffs have made an initial partial payment for case no. 13-cv-184bbc as required by 28 U.S.C. § 1915(b)(1), the claims that make up Lawsuit #1 are ready
for screening, which I will do in a separate order. I will screen the remaining lawsuits after
plaintiff submits an initial partial payment for each lawsuit. In assessing the amount of the
initial partial payments, I will use the same trust fund account statement that plaintiff Ajala
submitted for case no. 13-cv-184-bbc.

ORDER
1. This case is SEVERED in accordance with Fed. R. Civ. P. 20, Fed. R. Civ. P. 21
and the court’s inherent authority.
2. The following claims will proceed as case no. 13-cv-184-bbc:
(a)

in 2012, defendant Todd Overbo denied Spencer A. Brown’s request to be
“added to the list for Ramadan participation” on the ground that Brown’s
request was untimely, even though Overbo granted an even later request of a
white Muslim; plaintiff complained to Tim Haines, Kelli West and Charles
Cole, who refused to take action;

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(b)

in 2012, defendant Overbo denied plaintiff Mustafa-El K.A. Ajala’s
request “to be added to the list for Ramadan fast meals” on the ground
that Ajala’s request was untimely, even though Overbo granted an even
later request of a white Muslim; plaintiff complained to defendants
Haines, West and Cole, who refused to take action;

(c)

in 2008, 2009 and 2010 defendant Anthony Broadbent failed to
provide plaintiff Ajala’s Ramadan meals before the dawn prayer; Ajala
complained to defendants Overbo, Peter Huibregtse and Richard
Raemisch, but they refused to take action;

(d)

in 2008, 2009 and 2010 defendant Broadbent failed to provide Ajala
hot meals during Ramadan; Ajala complained to defendant Raemisch,
but he refused to take action;

(e)

in 2008, 2009 and 2010 defendants Overbo, Huibregtse and
Broadbent “shortened the meal portions on all Muslims fasting during
Ramadan to approximately one whole meal less each day”; Ajala
complained to defendant Raemisch, but he refused to take action;

(f)

in 2012 defendants West, Cathy Jess, Overbo, Broadbent, Haines and
Cole denied plaintiff Brown’s request for an Eid-ul-Fitr meal;

(g)

in 2010 defendants Overbo, Broadbent and Huibregtse denied Ajala’s
request for an Eid-ul-Fitr meal;

(h)

in 2011 and 2012 defendants Overbo, Broadbent, Haines, West, Jess
and Cole denied Ajala’s request for an Eid-ul-Fitr meal.

2. The following claims will proceed as case no. 13-cv-544-bbc:
(a)

in 2006 defendant Raemisch, “under the direction of defendant Steve
Casperson,” denied Ajala’s request for a halal diet;

(b)

in 2007, “at the direction of defendants Raemisch and Casperson,”
defendants Overbo, Huibregtse, Gary Boughton and Broadbent denied
Ajala’s request for a halal diet;

(c)

in 2008 defendants Raemisch, Casperson, Boughton, Broadbent and
Amy Smith denied Ajala’s request for a halal diet;

(e)

in September 2009, defendants Raemisch, Casperson, Boughton,
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Broadbent, Smith, Jess, West, Haines, Cole and Huibregtse denied
Ajala’s request for a halal diet;
(f)

3.

defendants Casperson, Jess, Raemisch, West, Cole, Smith and Gary
Hamblin “implemented” a policy that required Ajala in October 2009
to sign an agreement that the “vegan/vegetarian” diet “accurately
reflect[s]” Ajala’s “religious needs,” even though that diet is more
restrictive than a true halal diet.
Plainitff Ajala’s claim that since June 2008 defendants Huibregtse, Haines,

Boughton, Overbo, Raemisch and West have been refusing to allow Ajala to attend Jumuah
and Taleem services will proceed as case no. 13-cv-545-bbc.
4. Plaintiff Ajala’s claim that defendants Overbo, Boughton, Huibregtse, Raemisch
and West have been refusing to allow Ajala to wear his kufi outside his cell and the chapel
will proceed as case no. 13-cv-546-bbc.
5. The following defendants are DISMISSED from case no. 13-cv-184-bbc: Smith,
Hamblin, Casperson and Boughton.
6. I will screen case no. 13-cv-184-bbc in a separate order.
7. Plaintiff is directed to make three additional initial partial payments in the amount
of $19.59 for each new case. With respect to each payment he submits, he should identify
which case the payment is for. I will screen those cases in a separate order after plaintiff

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submits those payments.
Entered this 12th day of August, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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