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Burks-Bey v. Stevenson.


U.S. District Court

OPPORTUNITY TO PRACTICE

EQUAL PROTECTION

CHAPLAIN CHAPLAIN. A clergyman appointed to say prayers and perform divine service. Each house of congress usually appoints it own chaplain.  

Burks-Bey v. Stevenson, 328 F.Supp.2d 928 (N.D.Ind. 2004). A prisoner who was a member of the Moorish Science Temple of America The Moorish Science Temple of America is a religious organization founded in 1913 by Noble Drew Ali, is a religion influenced by Islam, Gnosticism and Taoism. Its main tenet was that African Americans were descended from the Moors and thus were originally Islamic.  brought a pro se civil rights complaint alleging various constitutional violations in connection with the treatment of his religion. The district court held that the prisoner failed to state a First Amendment free exercise claim arising out of the cancellation of certain communal worship and study sessions when the prison was short-staffed or on occasional days because of illness of the chaplain or a paperwork oversight. The court found that the prisoner stated an equal protection by alleging that his sect's programs were cancelled for reasons that had not resulted in the cancellation of other religion's programs. The court also found that the prisoner stated a claim against a prison chaplain Noun 1. prison chaplain - a chaplain in a prison
chaplain - a clergyman ministering to some institution
 for allegedly denying him all pastoral pastoral, literary work in which the shepherd's life is presented in a conventionalized manner. In this convention the purity and simplicity of shepherd life is contrasted with the corruption and artificiality of the court or the city.  and spiritual care. The court determined that the prisoner's free exercise rights were not violated vi·o·late  
tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates
1. To break or disregard (a law or promise, for example).

2. To assault (a person) sexually.

3.
 by refusing to allow him to attend the communal worship and study of other religions, where there were obvious legitimate institutional security and scheduling issues related to allowing inmates to attend the services of all religions. (Indiana)
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Title Annotation:prisoner files alleges violation of his First Amendment rights
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U3IN
Date:Nov 1, 2004
Words:204
Previous Article:Boles v. Neet.
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