Adisa R.A.M. AL-RA'ID, a/k/a Thomas E. Jones v. Thomas J. INGLE, Jr., et al, 69 F.3d 28. · Go Syfert
Adisa R.A.M. AL-RA'ID, a/k/a Thomas E. Jones v. Thomas J. INGLE, Jr., et al, 69 F.3d 28. Cases Citing This Book View Copy Cite
145 citation events (110 in the last 25 years) across 12 distinct courts.
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Dennis Melancon v. City of New Orleans, et
5th Cir. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
an appellant's brief must contain an argument on the issues that are raised, in order that we, as a reviewing court, may know what action of the district court is being complained of.
discussed Cited as authority (verbatim quote) Bacas v. Harvey
5th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
an appellant's brief must contain an argument on the issues that are raised, in order that we, as a reviewing court, may know what action of the district court is being complained of.
cited Cited as authority (rule) Stancu v. HRI Lodging/Hilton Garden
5th Cir. · 2025 · confidence medium
See MacArthur v. Univ. of Texas Health Ctr. at Tyler, 45 F.3d 890 , 895 (5th Cir. 1995); Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir. 1995).
cited Cited as authority (rule) Havlik v. Myers
W.D. La. · 2025 · confidence medium
Al-Ra’id v. Ingle, 69 F.3d 28, 33 (5th Cir. 1995; McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir. 2002).
cited Cited as authority (rule) Wooden v. Onudrah
E.D. Tex. · 2024 · confidence medium
Al-Raid v. Ingle, 69 F.3d 28, 32 (5th Cir. 1995).
discussed Cited as authority (rule) Ware v. Kempt
E.D. Tex. · 2024 · confidence medium
Al-Raid v. Ingle, 69 F.3d 28, 32 (5th Cir. 1995) (explaining that conclusory allegations are insufficient under section 1983); see also Vinson v. Heckmann, 940 F.2d 114, 115 (5th Cir. 1991) (holding that to state a claim under section 1983, a plaintiff must allege facts to support his claims).
discussed Cited as authority (rule) Arzabala v. Weems
N.D. Tex. · 2024 · confidence medium
To the extent, however, that a prisoner-plaintiff's allegations are verified under penalty of perjury, they “are deemed competent summary judgment evidence.” A/-Raid v. Ingle, 69 F.3d 28, 32 (Sth Cir. 1995).
discussed Cited as authority (rule) Dougherty v. DHS
5th Cir. · 2023 · confidence medium
Accordingly, she has “waived or abandoned this issue on appeal.” Al- Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir. 1995). 4 Flores v. Pompeo, 936 F.3d 273, 276 (5th Cir. 2019) (citing Musslewhite v. State Bar. of Tex., 32 F.3d 942 , 945 (5th Cir. 1994)). 5 Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001) (per curiam) (citation omitted). 6 Id. (citing Hitt v City of Pasadena, 561 F.2d 606, 608 (5th Cir. 1977) (per curiam)). 5 Case: 22-40665 Document: 00516900626 Page: 6 Date Filed: 09/19/2023 No. 22-40665 2.
cited Cited as authority (rule) Washington v. Flenory
N.D. Tex. · 2022 · confidence medium
Al-Ra’id v. Ingle, 69 F.3d 28, 32 (Sth Cir. 1995) (citing Harlow v. Fitzgerald, 457 U.S. 800, 817-18 (1982)).
discussed Cited as authority (rule) Prescott v. Johnson
E.D. Tex. · 2022 · confidence medium
Tex. Apr. 28, 2009) (citing Al-Ra’id v. Ingle, 69 F.3d 28, 32 (5th Cir. 1995) (inmate’s allegations that prison employee called him names, laughed at him and refused to dismiss disciplinary action against him based on his race were conclusory and failed to state a claim).
cited Cited as authority (rule) Carr v. County of San Diego
S.D. Cal. · 2021 · confidence medium
Cal. Oct. 13, 2015) (quoting Mackinney v. Nielsen, 69 F.3d 28 1002, 1006 (9th Cir. 1995)).
cited Cited as authority (rule) Shantrice Jones v. Southern University
5th Cir. · 2020 · confidence medium
Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir. 1995).
cited Cited as authority (rule) Gregory Hickman v. Amazon Fullfilment
3rd Cir. · 2016 · confidence medium
Publishers, Inc., 931 F.2d 1002, 1011 (3d Cir. 1991)); Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir. 1995) (noting that pro se litigants are not excepted from these requirements).
discussed Cited as authority (rule) Wayne McNeill v. Greyhound Lines Inc (2×) also: Cited "see"
3rd Cir. · 2015 · confidence medium
P. 28(a)(5)-(8); Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995).
cited Cited as authority (rule) Carlos Deans v. Kennedy House Inc
3rd Cir. · 2014 · confidence medium
See, e.g., Kost v. Kozakiewicz, 1 F.3d 176, 182 (3d Cir.1993); Al-Ra‘id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995).
cited Cited as authority (rule) Miguel Madrigal v. Gary Currie
5th Cir. · 2014 · confidence medium
Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995).
discussed Cited as authority (rule) Griffin v. Hickenlooper
10th Cir. · 2013 · confidence medium
See Hudson, 468 U.S. at 536 n.15 (indicating prison grievance procedure can provide adequate post-deprivation remedy); Al-Ra’id v. Ingle, 69 F.3d 28, 32 (5th Cir. 1995) (same).2 Given the availability of both adequate pre-deprivation and post-deprivation remedies, Mr. Griffin suffered no deprivation of his procedural due process rights.3 2 Mr. Griffin states that he pursued the grievance process, but it was unsuccessful.
discussed Cited as authority (rule) Griffin v. Hickenlooper
10th Cir. · 2013 · confidence medium
See *829 Hudson, 468 U.S. at 536 n. 15, 104 S.Ct. 3194 (indicating prison grievance procedure can provide adequate post-deprivation remedy); Al-Ra’id v. Ingle, 69 F.3d 28, 32 (5th Cir.1995) (same). 2 Given the availability of both adequate pre-deprivation and post-deprivation remedies, Mr. Griffin suffered no deprivation of his procedural due process rights. 3 B.
cited Cited as authority (rule) Irving Jones v. Camden Board of Education
3rd Cir. · 2012 · confidence medium
Publishers, Inc., 931 F.2d 1002, 1011 (3d Cir.1991)); Al-Ra’Id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995) (noting that pro se litigants are not excepted from the requirements).
cited Cited as authority (rule) Koger v. Allegheny Intermediate Unit
3rd Cir. · 2012 · confidence medium
Publishers, Inc., 931 F.2d 1002, 1011 (3d Cir.1991); Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995) (noting that pro se litigants are not excepted from the requirements.
discussed Cited as authority (rule) Fera v. Baldwin Borough
3rd Cir. · 2009 · confidence medium
Moreover, we do not address arguments raised for the first time in a pro se litigant’s reply brief.” (internal citations omitted)); Anderson v. Hardman, 241 F.3d 544, 545 (7th Cir.2001) (“Rule 28 applies equally to pro se litigants, and when a pro se litigant fails to comply with that rule, we cannot fill the void by crafting arguments and performing the necessary legal research .... ”); Al-Ra’Id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995) (“An appellant’s brief must contain an argument on the issues that are raised____There is no exemption for pro se litigants, though we construe th…
discussed Cited as authority (rule) Fera v. Baldwin Borough
3rd Cir. · 2009 · confidence medium
Moreover, we do not address arguments raised for the first time in a pro se litigant’s reply brief.” (internal citations omitted)); Anderson v. Hardman, 241 F.3d 544, 545 (7th Cir.2001) (“Rule 28 applies equally to pro se litigants, and when a pro se litigant fails to comply with that rule, we cannot fill the void by crafting arguments and performing the necessary legal research .... ”); Al-Ra’Id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995) (“An appellant’s brief must contain an argument on the issues that are raised____There is no exemption for pro se litigants, though we construe th…
discussed Cited as authority (rule) Sossamon v. Lone Star St Texas
5th Cir. · 2009 · confidence medium
Mindful of our responsibility to construe pro se filings liberally, see Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir. 1995), we nevertheless point out that the claim fails under the test announced in Farmer v. Brennan, 511 U.S. 825, 834 (1994).
discussed Cited as authority (rule) Sossamon v. Lone Star State of Texas
5th Cir. · 2009 · confidence medium
Mindful of our responsibility to construe pro se filings liberally, see Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995), we nevertheless point out that the claim fails under the test announced in Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994).
discussed Cited as authority (rule) Althouse v. Roe
E.D. Tex. · 2008 · confidence medium
See, e.g., Taylor v. McElvaney, slip op. no. 1:01cv94 (N.D.Tex., Aug. 12, 2002) (unpublished) (available on WESTLAW at 2002 WL 32138256 ) (no duty to believe inmate’s allegations over officer’s statement and medical record), citing Al-Rai’id v. Ingle, 69 F.3d 28, 33 (5th Cir.1995); Ali v. Hoke, slip op. no. 9:06cv230 (E.D.Tex., June 5, 2007) (unpublished) (available on WEST-LAW at 2007 WL 1655915 ) (no duty to believe inmate’s version of the facts and resolve his grievances in the manner he desired).
cited Cited as authority (rule) Bynum v. City of Magee, Miss.
S.D. Miss. · 2007 · confidence medium
Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995) (citations omitted).
cited Cited as authority (rule) Estraude v. United States Department of Agriculture
5th Cir. · 2006 · confidence medium
P. 28(a)(9); Al-Ra‘id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995) (deeming a retaliation claim abandoned because the appellant failed to specify any alleged error made by the district court).
cited Cited as authority (rule) McBride v. Putnam
3rd Cir. · 2005 · confidence medium
P. 28(a)(5); Al-Ra‘id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995).
discussed Cited as authority (rule) Moore v. Stites
5th Cir. · 2005 · confidence medium
“An appellant’s brief must contain an argument on the issues that are raised, in order that [this court] may know what action of the district court is being complained of.” Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995).
cited Cited as authority (rule) Davis v. Bryantt
5th Cir. · 2004 · confidence medium
Al-Ra‘id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995).
cited Cited as authority (rule) Rogers v. Metropolitan Transit Authority Metrolift
5th Cir. · 2004 · confidence medium
See Fed.R.Civ.P. 41(b); Al-Ra‘id v. Ingle, 69 F.3d 28, 33 (5th Cir.1995); Gonzalez v. Firestone Tire & Rubber Co., 610 F.2d 241, 247 (5th Cir.1980).
discussed Cited as authority (rule) Hines v. Graham
N.D. Tex. · 2004 · confidence medium
Plaintiffs “[b]are allegations *522 of malice do not suffice to subject” the Taylor County Jail employees “either to the costs of trial or the burdens of broad-reaching discovery.” Al-Ra‘id v. Ingle, 69 F.3d 28, 33 (5th Cir.1995).
discussed Cited as authority (rule) United States v. Elliott
5th Cir. · 2004 · confidence medium
Assuming arguendo that Elliott may attack his plea in this procedural posture, we find that Bailey is of no assistance to him. 2 See Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir. 1995) (stating that though we interpret pro se litigants’ briefs liberally, we require them to comply with briefing requirements); Cinel v. Connick, 15 F.3d 1338, 1345 (5th Cir.) (“An appellant abandons all issues not raised and argued in its initial brief on appeal.”), cert. denied, 115 S. Ct. 189 (1994). 4 Elliott pleaded guilty to a count charging that he “knowingly used and carried firearms . . . during an…
cited Cited as authority (rule) McCree v. Stovall
5th Cir. · 2003 · confidence medium
Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995).
discussed Cited as authority (rule) Thompson v. Eason
N.D. Tex. · 2003 · confidence medium
To the extent, however, that a prisoner-plaintiffs allegations are verified under penalty of perjury, they “are deemed competent summary judgment evidence.” Al-Ra’id v. Ingle, 69 F.3d 28, 32 (5th Cir.1995).
discussed Cited as authority (rule) Franco v. Mr Williams
5th Cir. · 2002 · confidence medium
Although we construe the briefs of pro se litigants liberally, see Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir. 1995), Franco has provided no understandable argument on the issue of whether the district court erred in dismissing his suit on account of the sanction orders.
cited Cited as authority (rule) Dickerson v. Hill
5th Cir. · 2002 · confidence medium
Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir. 1995).
examined Cited as authority (rule) Lapastora v. 301S SPTG/DPCE (3×) also: Cited "see"
5th Cir. · 2001 · confidence medium
Al-Ra’id v. Ingle, 69 F.3d 28, 31 (1995) (emphasis in original).
cited Cited as authority (rule) Wallace v. Windham
5th Cir. · 2000 · confidence medium
Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir. 1995).
discussed Cited as authority (rule) Cavender v. Uphoff
10th Cir. · 1997 · confidence medium
See Hudson, 468 U.S. at 536 n. 15; Al-Ra'id v. Ingle, 69 F.3d 28, 32 (5th Cir.1995); Phelps v. Anderson & Langford, 700 F.2d 147, 149 (4th Cir.1983). 6 Because plaintiffs do not plead and show the inadequacy or unavailability of postdeprivation remedies, we agree with the district court's conclusion that plaintiffs have not stated a cause of action under 42 U.S.C. § 1983 .
cited Cited as authority (rule) Raul Rodriguez v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
5th Cir. · 1997 · confidence medium
Al-Ra'id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995).
discussed Cited as authority (rule) Richard Mears v. John Thomas, Warden Viola Serrano, Library Supervisor Attorney General of the State of New Mexico Penny Smith, Accounts Supervisor
10th Cir. · 1996 · confidence medium
See Williams v. Morris, 697 F.2d 1349, 1351 (10th Cir.1982)(no due process violation where prison grievance procedure provided meaningful remedy); see also Hudson v. Palmer, 468 U.S. 517, 533 (1984)("[A]n unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available."); Al-Ra'id v. Ingle, 69 F.3d 28, 32 (5th Cir.1995)(prisoner's procedural due process claim denied because prison grievance procedure provided …
discussed Cited as authority (rule) Meadowbriar Home for Children, Inc. v. Gunn (2×)
5th Cir. · 1996 · confidence medium
AI-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995).
cited Cited as authority (rule) Vera v. Tue
5th Cir. · 1996 · confidence medium
Al-Ra’id v. Ingle, 69 F.3d 28, 31 (5th Cir.1995).
cited Cited "see" Kalson v. Scott
W.D. Tex. · 2025 · signal: see · confidence high
See Al–Raid v. Ingle, 69 F.3d 28, 32 (5th Cir. 1995).
Retrieving the full opinion text from the archive…
Adisa R.A.M. AL-RA'ID, a/k/a Thomas E. Jones
v.
Thomas J. INGLE, Jr., et al
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Adisa R.A.M. Al-Ra'id, Beeville, TX, pro se.

Deborah L. Leach, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for Appellees.

Appeal from the United States District Court for the Southern District of Texas.

Before SMITH, WIENER and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Lead Opinion

JERRY E. SMITH, Circuit Judge:

Adisa Al-Ra’id appeals a summary judgment for the defendants in his 42 U.S.C. § 1983 action involving a confiscation of his religious materials. We affirm.

I.

Al-Ra’id, a Muslim prisoner in the Texas Department of Criminal Justice (“TDCJ”), filed a complaint in state court against unit chaplain Thomas J. Ingle, Jr., and Islamic chaplain Eugene Farooq. Al-Ra’id alleged that on May 9, 1993, the defendants confiscated some of his Islamic religious materials, depriving him of his right freely to practice his religion because of his race and religious beliefs.

According to Al-Ra’id, on May 9 he went to Ingle’s office to request photocopies of certain Islamic materials. Ingle was busy and stated that Al-Ra’id could leave the originals in his office for Ingle to review and copy later. Al-Ra’id contends, however, that Ingle later reacted in the following manner:

Defendant Ingle notified the Appellant that he had read said literature, and due to the fact that he (Defendant Ingle) was a Christian, he found the literature personally degrading, insulting and repulsive, in[*31] addition to expressing numerous other derogatory superlatives in regards to the literature the Appellant had given Defendant Ingle for photocopying.

The materials were not returned to Al-Ra’id.

Al-Ra’id filed a supplemental complaint in which he alleged that the defendants had conspired to retaliate against him for filing his lawsuit in violation of his right of access to the courts.[1] In particular, Al-Ra’id argued that the violations occurred when defendants prohibited him from speaking, teaching, and having a voice in the prison Islamic community.

The defendants removed the action to federal court, then filed a motion to dismiss or for summary judgment, asserting, inter alia, qualified immunity. The district court granted summary judgment on qualified immunity grounds.

II.

We review summary judgment de novo, “reviewing the record under the same standards which guided the district court.” Gulf States Ins. Co. v. Alamo Carriage Serv., 22 F.3d 88, 90 (5th Cir.1994) (internal quotations omitted). Summary judgment is proper “when no genuine issue of material fact exists that would necessitate a trial.” Id. In determining whether summary judgment was proper, we view all factual questions in the light most favorable to the non-movant. See Lemelle v. Universal Mfg. Corp., 18 F.3d 1268, 1272 (5th Cir.1994).

In assessing qualified immunity, we engage in a two-step analysis. First, we determine whether a plaintiff has alleged the violation of a clearly established constitutional right under the current state of the law. See Rankin v. Klevenhagen, 5 F.3d 103, 105-08 (5th Cir.1993). Second, if the plaintiff has alleged such a constitutional violation, we decide whether the defendant’s conduct was “objectively reasonable,” measured by reference to the law as clearly established at the time of the challenged conduct. See Harper v. Harris County, Tex., 21 F.3d 597, 601 (5th Cir.1994); Rankin, 5 F.3d at 108.

III.

A.

In the district court, Al-Ra’id claimed that the defendants retaliated against him for initiating this civil action, in violation of his right of access to the courts. Al-Ra’id appears to have waived or abandoned this issue on appeal, however, as he does not brief it.

An appellant’s brief must contain an argument on the issues that are raised, in order that we, as a reviewing court, may know what action of the district court is being complained of. See Fed.R.App.P. 28(a)(6). There is no exemption for pro se litigants, though we construe their briefs liberally.

In the section of his brief discussing Eleventh Amendment immunity, Al-Ra’id makes one passing reference to “the retaliatory acts taken by Defendant Farooq against the Appellant after Appellant initiated this civil action.” Later in the same Eleventh Amendment immunity section, he again refers to the alleged “retaliation] against the Appellant for petitioning the government for the redress of grievances and utilizing his right to access to courts.” No other mention is made of the retaliation claim, nor does Al-Ra’id make any effort to inform us of what alleged error the district court made in disposing of this issue. Accordingly, we have nothing to review or rule upon; the issue is abandoned.

B.

Al-Ra’id argues that the chaplains “totally disregarded” the established prison rules and regulations for confiscating personal property, in violation of his due process rights. In Martin v. Dallas County, Tex., 822 F.2d 553, 554-55 (5th Cir.1987), the plaintiff filed a § 1983 action alleging that he was held in jail for 3)6 weeks longer than his DWI sentence. He complained that his wrongful incarcera[*32] tion constituted a deprivation of liberty without due process of law. We held as follows:

Whether such deprivation came about intentionally or negligently, both of which allegations are found in the complaint, this aspect of the case falls within the ambit of Parrott v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981) and Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984). Parratt and Hudson hold that no constitutional claim may be asserted by a plaintiff who was deprived of his liberty or property by negligent or intentional conduct of public officials, unless the state procedures under which those officials acted are unconstitutional or state law fails to afford an adequate post-deprivation remedy for their conduct.

Id. at 555 (citations omitted). We concluded that no constitutional claim could be asserted, as adequate post-deprivation remedies were available:

Texas law afforded Martin remedies against his illegal detention both while it was underway and for post-deprivation compensatory relief. Martin could have sought habeas corpus relief pursuant to Tex.Crim.Proc.Code Ann. art. 11.01 or tort recovery for false imprisonment.

Id.

Similarly, Al-Ra’id’s procedural due process claim[2] cannot be asserted, because adequate post-deprivation remedies are available through the prison grievance procedure. The state points out that there is a three-step grievance procedure available throughout the TDCJ, and even Al-Ra’id admits that he “has appealed to the unit warden via the inmate grievance procedure....”

In fact, in Al-Ra’id’s brief on appeal, he states that “[i]t must be kept in mind that, Appellant’s claim is not that [the TDCJ] does not provide an adequate remedy or process in regards to censorship of religious material, Appellant’s complaint is that the Defendants in this action circumvented the process due to the Appellant....” Because Al-Ra’id has an adequate post-deprivation remedy and does not allege that the prison “censorship” procedures themselves are invalid, summary judgment was properly granted on his procedural due process claim. See also Sandin v. Conner, — U.S. —, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995).

C.

Al-Ra’id asserts that the confiscation of his legal materials by Ingle and Farooq was motivated by racial discrimination. According to Al-Ra’id, he was treated differently from other prisoners by the chaplains because he is black. Al-Ra’id presents no evidence to go beyond these generalized assertions, however, and such conclusory allegations of malice are insufficient to maintain his claim. Harlow v. Fitzgerald, 457 U.S. 800, 817-18, 102 S.Ct. 2727, 2737-38, 73 L.Ed.2d 396 (1982).

D.

Al-Ra’id contends that the seizure of his religious materials was an improper infringement on his freedom to practice his religion. As mentioned, Al-Ra’id asserts that the confiscation was prompted because of his Shiite Muslim religion, and he recounts that Ingle told him that, as a Christian, Ingle found the literature “degrading, insulting and repulsive.”

Al-Ra’id’s allegations were verified under penalty of perjury; thus, they are deemed competent summary judgment evidence. See Nissho-Iwai Am. Corp. v. Kline, 845 F.2d 1300, 1306-07 (5th Cir.1988). In contrast, the state asserts that the confiscation occurred “strictly out of concern for inmate security.” The state contends that “[djefendants reasonably believed that the divisive nature of Plaintiffs literature [which characterized Christians as Satanists] may incite hostility and violence between religious inmate groups.”

The district court held that the defendants were entitled to qualified immunity, noting that

[*33] [a]t the time the action was taken, the development of the law with regard to the free exercise of religion by prisoners was not at the stage where this Court must conclude that the Defendant officials who confiscated Plaintiffs religious material and denied Plaintiff his attempts to lead the Wednesday night Muslim study class ... moved beyond the immunity to which they were entitled.

We agree. Even in prison, the right to practice one’s religious beliefs is constitutionally protected. See, e.g., Muhammad v. Lynaugh, 966 F.2d 901, 902 (5th Cir.1992).

Al-Ra’id, however, has not carried his burden of defeating defendants’ qualified immunity defense. See Bennett v. City of Grand Prairie, 883 F.2d 400, 408 (5th Cir.1989). Bare allegations of malice do not suffice to subject government officials either to the costs of trial or to the burdens of broad-reaching discovery. Harlow, 457 U.S. at 817-18, 102 S.Ct. at 2737-38 (1982).

And yet, Al-Ra’id has offered little more. His assertion that Ingle stated he found the materials to be personally degrading, insulting, and repulsive to him as a Christian— even if proved — would not undermine defendants’ qualified immunity claim. Their interest in preventing the dissemination of the literature was bottomed on its highly inflammatory and divisive character.

Ingle presented summary judgment evidence that he decided to pass on the material to Farooq for inspection specifically because it promoted violence and denounced Christianity as Satanism. Ingle properly considered his own reactions to this intensely provocative literature in evaluating what kind of effect it might have on the inmates.

Moreover, the defendants’ actions were not violative of clearly established law. TDCJID Administrative Directive AD-7.30 specifies in its statement of policy that “no one shall disparage the religious beliefs of any inmate, or other person....” If Ingle had assisted Al-Ra’id with the copying of the materials denouncing Christians as Satanists, he would have been helping him violate this regulation.

E.

Al-Ra’id filed motions for leave to file a second supplemental complaint and a third supplemental complaint. The magistrate judge granted the motions. The district court struck this order and denied Al-Ra’id’s motions to file his supplemental complaints. The court stated that the supplemental complaints allege “additional causes of action against additional defendants,” and it noted that Al-Ra’id could refile the complaints as new actions if he so desired.

The decision to grant or deny a motion to amend is entrusted to the sound discretion of the district court. Norman v. Apache Corp., 19 F.3d 1017, 1021 (5th Cir.1994); Avatar Exploration, Inc. v. Chevron, U.S.A., Inc., 933 F.2d 314, 320 (5th Cir.1991). On appeal, Al-Ra’id argues that the district court erred, but he provides no support for this assertion other than stating that because the district court erred in granting summary judgment, it also erred in striking the order.

Al-Ra’id has cited no caselaw or factual support to bolster his contention, and he has effectively abandoned his claim by failing to brief it. See, e.g., Brinkmann v. Abner, 813 F.2d 744, 748 (5th Cir.1987). Moreover, we fail to see any prejudice suffered by Al-Ra’id, and we therefore find no error.

AFFIRMED.

1

The defendants were sued only in their individual capacity. Because there are no allegations against the defendants in their official capacity, it is unnecessaiy to address any Eleventh Amendment concerns.

2

As we stated in Martin, the "[violation of a substantive, as opposed to a procedural, due process constitutional right does not fall within the limitations of Parratt/Hudson." 822 F.2d at 555.

Concurrence in Part

WIENER, Circuit Judge,

concurring in part and dissenting in part.

I concur in the panel majority’s opinion and judgment to the extent that it affirms the district court’s dismissal of Al-Raid’s claims against the prison chaplains for allegedly disregarding established prison rules (section III.B.), racial discrimination (III.C.), and infringement on the free exercise of his religion (III.D.), as well as our rejection of Al-Ra’id’s allegation that the district court erred in refusing to grant his motion to amend his complaint to add new causes of action and new defendants. I dissent, however, from the panel majority’s affirmance of the district court’s dismissal of Al-Ra’id’s claim that the defendants acted against him[*34] in retaliation for his attempt to assert his Constitutional right of access to the courts (section III.A.).

Al-Ra’id is a prisoner in the Texas state system, proceeding pro se and in forma pau-peris (IFP). That we construe the pleadings of such parties liberally is so well established that no citation is required. Despite such liberality, however, the panel majority concludes that Al-Ra’id’s briefing is so deficient that it constitutes abandonment of the retaliation issue on appeal. I am frankly at a loss to see how that conclusion can be justified.

First, Al-Ra’id filed a notice of appeal to the order of the district court granting summary judgment and dismissing all of his claims. One of these claims was grounded in retaliation for exercising his Constitutional right of access to the courts. In demonstrating to this court that he wished to pursue that claim — at least implicitly demonstrating his belief that the district court had erred in such dismissal — Al-Ra’id stated in his brief both facts and law implicating the claim:

Appellant sues for the continuing deprivation of his Islamic literature without due process, ... and the retaliatory acts taken by Defendant Farooq against the Appellant after Appellant initiated this civil action. (emphasis added).

Two pages later in his brief, Al-Ra’id stated:

Defendant Farooq’s involvement in ... retaliating against the Appellant for petitioning the government for the redress of grievances and utilizing his right to access to the courts, (emphasis added).

Elsewhere in his brief Al-Ra’id details the acts of alleged retaliation, implicating the confiscation of his Islamic religious materials. The majority opinion is correct in noting that Al-Ra’id’s legal and factual allegations concerning retaliation appear in the part of his brief discussing Eleventh Amendment immunity while, ideally, it should have been in the part discussing qualified immunity. But if that type of “wrong pew” organizing of a brief by a pro se IFP prisoner is not the kind of imperfection that is excused by liberal construction, it is hard for me to envision either the justice in or utility of the rule.

It is true that Al-Ra’id did not cite case law, did not utter magic words about the district court committing reversible error, and did not file with us a brief that is a paragon of clarity and legal syntax. Yet the purpose of our briefing requirements is clearly met: Neither this court nor the defendants can legitimately turn a blind eye to the above-quoted statements from Al-Ra’id’s brief, for they obviously serve the briefing rule’s purpose of alerting us and the defendants to the legal and factual bases of Al-Ra’id’s appeal from the district court’s dismissal of his retaliation claim. Even if Al-Ra’id is confused or does not know the difference between qualified immunity and Eleventh Amendment immunity, we and counsel for the Defendants certainly do. And, like our liberal construction rule, the cause of action in retaliation for accessing the courts is so well and long established as to need no citation.[3]

In all candor, I would not “bet the farm” on Al-Ra’id’s likelihood of obtaining a judgment based on retaliation, were we to allow his claim to be tried. Neither do I ignore the burden placed on the courts, law enforcement, prison administration, and government in general, that is caused by the burgeoning “recreational” litigation instigated by persons incarcerated. But the resolution of this problem, if there is one, must result fi’om the development of a comprehensive, principled plan, not from sweeping claims under the legal carpet on an ad hoe basis.

As I would reverse the district court’s dismissal of Al-Ra’id’s claim of retaliation, I respectfully dissent, but only on that issue. In all other respects I concur.

3

See, e.g., Woods v. Smith, 60 F.3d 1161, 1164 (5th Cir.1995).