U.S. appeals court: opportunity to practice recognized religions.

Goff v. Graves, 362 F.3d 543 (8th Cir. 2004). State inmates brought a [section] 1983 action, alleging violation of their First Amendment rights because prison officials refused to permit inmates in lockup to receive food trays that were prepared for a banquet for inmates who were members of the prisoner-founded "CONS" religion. The district court ordered prison officials to permit CONS inmates in lockup to receive trays of banquet food. The officials appealed and the appeals court affirmed in part and reversed in part. The appeals court held that the officials did not violate the inmates' First Amendment right by denying the banquet trays to CONS inmates in lockup, and that the ban on delivering banquet food trays was reasonably related to legitimate penological interests. The appeals court denied the officials' request for declaratory judgment that would allow them to prevent inmates to participating in CONS activities, noting that an appeals court had held that CONS was a religion that was entitled to First Amendment protection. (Iowa State Penitentiary)