McRoy v. Cook County Dept. of Corrections.

U.S. District Court

RELIGIOUS SERVICES

SEARCHES

McRoy v. Cook County Dept. of Corrections, 366 F.Supp.2d 662 (N.D.Ill. 2005). A Muslim inmate at a county correctional facility brought a civil rights action under [section] 1983, alleging that his opportunities to practice his faith were restricted in violation of the Free Exercise Clause of the First Amendment. The district court granted summary judgment in favor of the defendants. The court held that the inmate's free exercise rights were not violated by the cancellation of Muslim services during lockdowns, staff shortages, and when no volunteer imams were available to preside over services. The court noted that inmates should not be granted authority as religious leaders over other inmates, and cancellation of services when volunteer imams were not available was warranted. The court found that the policy of limiting the number of Muslim services to three each week did not violate the inmate's free exercise rights, nor was a policy that limited the number of inmates who could attend Muslim services at the same time. The court also found no violation in the policy of strip-searching inmates when they were leaving or returning to an inmate area, noting that the inmate could choose not to attend a service because of the policy and could pray in his cell or common area instead. The court upheld the facility's decision not to create a Muslim-only living unit. The court noted that the inmate was permitted to pray in his cell using religious materials he was allowed to keep there, as well as being allowed to pray in the common area of his living unit. (Cook County Department of Corrections, Illinois)