Hudson v. Maloney.

U.S. District Court

ITEMS PERMITTED

Hudson v. Maloney, 326 F.Supp.2d 206 (D.Mass. 2004). State prisoners brought a [section] 1983 action alleging that corrections officials violated their First Amendment right to free exercise of religion by refusing to allow them to practice their Muslim faith in accordance with their understanding of Islamic dietary requirements, and by banning possession of full-size prayer rugs. The district court granted summary judgment for the officials in part, and denied it in part. The court held that banning full-size Muslim prayer rugs, but allowing prayer towels, was justified by appropriate security concerns over the fire hazard and sanitation problems the rugs posed, and their potential use as a repository for concealed contraband. The court found that the officials were entitled to qualified immunity from liability for refusing to have meat prepared using the Halal dietary restrictions followed by some Muslims. Case law at the time provided that it was sufficient for prisoner authorities to provide a vegetarian or pork-free diet consistent with the Muslim faith, and the right to have meat prepared in a particular way was not clearly established. The court found a genuine issue of material fact, requiring further proceedings, as to whether the provision of meat prepared using the Halal dietary restrictions was cost prohibitive, in comparison with Kosher meals prepared for Jewish inmates, or other special meals prepared for inmates of other faiths. (MCI-Cedar Junction, Massachusetts)