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Murphy v. Missouri Dept. of Corrections.

U.S. Appeals Court

FREE EXERCISE

RLUIPA -- Religious Land Use and Institutionalized Persons Act

Murphy v. Missouri Dept. of Corrections, 372 F.3d 979 (8th Cir. 2004). A prisoner brought an action under [section] 1983 and under the Religious Land Use and Institutionalized Persons Act (RLUIPA), alleging that he was improperly denied privileges that were given to other religious groups, including communal worship, religions funding and institutional TV air time for religious videos. The group held as a central tenet the belief that its members must all be Caucasian because they were uniquely blessed by God and must separate themselves from all non-Caucasian persons. The district court granted summary judgment in favor of the defendants and the prisoner appealed. The appeals court affirmed in part, reversed in part, and remanded. The court held that the defendants did not violate the prisoner's First Amendment free-exercise rights when they refused to grant his religious group the accommodation of group worship rights. The court also held that the defendants did not violate the Establishment Clause by allowing other religious groups to present programs on the religious channel of the prison television network and refusing to show programs of the prisoner's religious group. The court found that a genuine issue of material fact, as to whether the prison censorship policy violated the prisoner's First Amendment right to free speech, precluded summary judgment. The prison refused to deliver a publication that was mailed to the prisoner by the religious group to which the prisoner belonged, but the court noted that the group did not appear to counsel violence. (Crossroads Correctional Center, Missouri)
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Article Details
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Title Annotation:RELIGION
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U4MO
Date:Aug 1, 2004
Words:267
Previous Article:Freeman v. Texas Dept. of Criminal Justice.
Next Article:Wares v. Vanbebber.
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