Lindell v. Casperson.

U.S. District Court

RELIGIOUS LITERATURE

PUBLICATIONS

Lindell v. Casperson, 360 F.Supp.2d 932 (W.D.Wis. 2005). An inmate brought an action against correctional officials and employees alleging violation of the First and Fourteenth Amendment, and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The district court granted summary judgment in favor of the defendants in part, and denied it in part. The court found that officials did not substantially burden the inmate's sincere religious beliefs in violation of RLUIPA by refusing to accommodate his requests for the group practice of Wotanism, a special diet, and possession of religious ceremonial items. The court concluded that the "idiosyncratic and inconsistent nature of the inmate's various requests" showed that the requests were not based in sincere religious beliefs. According to the court, officials did not violate the inmate's rights under the free exercise clause and RLUIPA by prohibiting his possession of Wotanist books that promoted Aryan supremacy and contained swastikas and other symbols associated with white supremacist movements. The court found that a prison ban on religious texts or practices that promote racism serves a compelling interest and is a legitimately restrictive means in furthering that interest. The court noted that the prison's policy gave equal treatment to all religions. The court held that the prison's policy on the possession of religious books did not violate the establishment clause, even though inmates of other religions were allowed to possess certain religious items and follow special diets. The court found that the inmate's requests were not founded on a sincere religious belief and therefore he was not similarly situated to the other inmates. (Waupun Correctional Institution, and Wisconsin Secure Program Facility)