Tuesday, June 29, 2004
Yerushalayim did not give up. He appealed from both orders and sought leave to proceed in forma pauperis, but did not mention the issue of amending his complaint to name the relevant federal officials. The Court granted the motion and appointed counsel to brief the issue of the denial of his kosher meals, but dismissed as frivolous his appeal from the order denying his mtoion for relief from the judgment.
By the time counsel was appointed, the 3-year statute of limitations had passed on his constitutional claims. If Yerushalayim were to amend his complaint, it would be untimely unless it could relate back. However, since Yerushalayim had been put on notice by the Court's original order that he had named the wrong parties, the amendment would not relate back to the initial pleading. Hence, he was time barred.
Yerushalayim had one other arrow in his quiver. He had sued under the Religious Land Use and Institutionalized Persons Act. The Court, however, held that the Act does not create a cause of action the federal government or its correctional facilities, and, hence, Yerushalayim had no claim under the Act.
The decision in the case can be found here.