Religion.

U.S. Appeals Court

WORK

OPPORTUNITY TO PRACTICE

Clark v. Long, 255 F.3d 555 (8th Cir. 2001). A Muslim inmate sued prison officials alleging violation of his First Amendment rights because he was compelled to wash pans containing pork. The district court granted judgment for the defendants as a matter of law and the inmate appealed. The appeals court affirmed, finding no evidence that any of the named defendants compelled the inmate to wash the pans, but only an unnamed officer allegedly threatened the inmate with discipline if he refused. (Missouri Eastern Correctional Center)

U.S. District Court

RFRA- Religious Freedom Restoration Act 

OPPORTUNITY TO PRACTICE

Crocker v. Durkin, 159 F.Supp.2d 1258 (D.Kan. 2001). Inmates, and members of a religious organization on behalf of inmates, sued prison officials alleging violation of their rights to free exercise of religion, due process and equal protection. The district court dismissed the free exercise, race and religious discrimination, and due process claims. The court found that the inmates alleged substantial interference with their rights, justifying the amendment of their complaint to include Religious Freedom Restoration Act (RFRA) claims. The inmates alleged that prison officials refused to allow them to participate in a fast, and that all members of their Nation of Islam faith are required to participate in such fasts. (United States Penitentiary, Leavenworth, Kansas)

U.S. District Court

OPPORTUNITY TO PRACTICE

Dekoven v. Bell 140 F.Supp.2d 748 (E.D.Mich. 2001). A prisoner sued individuals, a state, the United States and foreign counties, alleging they failed to recognize him as the "God-Messiah" of the Holy Bible. The district court dismissed the case, finding it was "patently frivolous, implausible, and devoid of merit." According to the court, the prisoner had no constitutional right to be recognized and treated as the "Messiah-God" or any other holy, extra-worldly, or supernatural being or power. The court found the prisoner's request of payment from the federal government of certain precious and semi-precious metals to be the equivalent of a Bivens type of claim for money damages, which is barred by sovereign immunity absent a waiver. (Standish Maximum Correctional Facility, Michigan)

U.S. District Court

FORCED EXPOSURE

Garvin v. Terhune 157 F.Supp.2d 416 (D.N.J. 2001). A prisoner brought a [section] 1983 action challenging the decision by prison officials to deny him reduced custody status because he refused to participate in a drug treatment program that had a religious component. The district court granted summary judgment in favor of the defendants, finding that compelling the prisoner to participate in the program in order to receive reduced custody status did not violate his constitutional rights, even assuming he was not in need of the program. According to the court, where the drug treatment program was not oppressive, punitive or otherwise harsh in its consequences, it was within prison officials' discretion to order the inmate to participate in the program in order to receive reduced custody status. The inmate objected to the Nu Way Drug Treatment Program, which is operated by a private provider, and is modeled on the 12 step program of Alcoholics Anonymous and Narcotics Anonymous. (South Woods State Prison, Bridge ton, New Jersey)