Fraise v. Terhune.

U.S. Appeals Court

CUSTODY LEVEL

Fraise v. Terhune, 283 F.3d 506 (3rd Cir. 2002). State inmates brought a [section] 1983 action against corrections officials challenging their classification and treatment as members of a "Security Threat Group" (STG). The district court granted summary judgment in favor of the officials and the inmates appealed. The appeals court affirmed, finding that the STG policy did not violate the inmates' free exercise or equal protection rights, and that the transfer of the inmates to a STG management unit did not deprive them of a protected liberty interest. According to the court, the inmates' free exercise rights were not violated by the STG policies and practices because the officials had a legitimate and neutral objective in maintaining order and security in the prison system, and the officials had adequate grounds to conclude that the inmates were "core members" of an STG. The court noted that the inmates had alternative means available to practice their religion, which they call the Five Percent Nation. The inmates were recognized leaders of the Five Percent Nation and had taken documented roles in the group's activities. The appeals court found no violation of the inmates' equal protection rights because the inmate group had demonstrated a greater propensity for violence, and religion did not play any role in the decision to treat the group as an STG. The inmates were not deprived of a protected liberty interest by their transfer to the STG Management Unit because they were not subjected to a longer period of confinement and the transfer did not impose any atypical or significant hardships on them. (New Jersey Department of Corrections)