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Plaintiff Joe Burgos Vega, a practicing Muslim prisoner at the Connecticut Department of Corrections (“DOC”), brought this action against the Respondents, officials at the DOC, claiming that Respondents’ 1) denial of the Plaintiff’s request to be circumcised; 2) denial of access to suitable Islamic prayer oils; and 3) frequently canceled Friday congregational prayer constituted a violation of his right to exercise his religion. The Respondents argued that they are entitled to qualified immunity from suit in their individual capacities. The Court sided with the Respondents, finding that 1) prisoners have no constitutional or statutory right to a surgery that is not medically necessary; 2) DOC officers did not violate the Plaintiff’s right with regard to prayer oils, because they provided him with access to the imam-approved commissary oil; and 3) that although prisoners have the right to participate in group religious services, the frequent Friday prayer cancellations were reasonable because they occurred due to a shortage of volunteer imams and that other opportunities for religious practice were available to Muslim inmates.

The Plaintiffs, Michigan Department of Corrections (MDOC) prisoners Eric Dowdy, Averis X Wilson, Roger Hunt, Amira Salem, Tom Traini, Patricia L. Caruso, Dave Burnett, and Michael Martin, alleged that the Defendants, various MDOC employees, violated their rights under federal and state constitutional provisions and RLUIPA by unlawfully restricting their religious practices. Specifically, the Plaintiffs challenged the Respondents’ alleged failure to accommodate certain religious practices which they claimed must be observed during particular days and times each week. The Muslim Plaintiffs specifically challenged that the inability to attend Friday (jumuʿa) prayer services without obtaining permission to exercise a “call-out”—permission which is often denied—violated their federal and state constitutional rights. The Muslim Plaintiffs also challenged the Respondents’ alleged failure to accommodate their religious dietary restrictions and their observance of the Eid al-Fīṭr and Eid al-Aḍḥā feasts. In response to the first allegation, the Respondents claim that there is a legitimate governmental interest in prison security that would be compromised if inmates were allowed to attend prayer services. The District Court determined, however, that while a legitimate governmental interest existed, the restriction of prayer services was not the least restrictive means of protecting this compelling interest in prison security. Accordingly, the District Court did not grant summary judgment in response to the Plaintiffs’ Friday prayer claim. In response to the second allegation, the Court determined that failure to provide Muslim inmates with a ḥalāl diet substantially burdens a religious exercise, but found that a question of fact exists as to whether the Plaintiffs received such a diet.

Prison inmate Lawrence Cochran filed a §1983 claim against prison officials for allegedly violating his First Amendment rights by not allowing him to have food in his cell at night to break the Ramadan fast and by limiting his attendance of religious services. The Court granted the motion for summary judgment in favor of the defendants, holding that incarceration necessarily curtails some freedom, and that, in this context, the curtailment did not go so far as to place a substantial burden on Muslim inmates’ ability to practice their religion.

Plaintiff Shawn Sharp, an inmate in the custody of the Pennsylvania Department of Corrections (DOC), brought this civil rights action pursuant to the First Amendment, the Fourteenth Amendment, and RLUIPA, claiming that two prison facilities unlawfully denied his request to accommodate his particular religious group. The plaintiff claimed that the Sunni Muslim services offered at the DOC did not allow him free exercise of his religion, since he is a member of the so-called Habashi sect of Islam, which has ideological differences from the prison’s recognized Sunni group. The prison’s Muslim chaplain disagreed, stating that if Sharp was a Sunni Muslim, as he claimed to be, then there was no reason why Sharp could not attend the already-provided services of Sunni Muslims. The Court decided in favor of the Defendants, determining that the DOC successfully presented a qualified immunity defense, and that the plaintiff’s request had no rational connection to any legitimate penological interest.

This order implements the decision from the District Court of Colorado in Smith v. Crockett, a case in which a Muslim inmate sued Colorado state prison officials on allegations that they had violated his federal constitutional and statutory rights to free exercise of religion and to a diet that confirmed to the dictates of his faith. In this case, petitioner Ray Anthony Smith, a Muslim inmate housed in a Colorado state prison, alleged a violation of his federal constitutional right to the free exercise of religion and his federal statutory right to a diet that complies with his faith. Specifically, he alleged that prison officials revoked his right to a ḥalāl diet upon observing him ordering non-ḥalāl food. Petitioner Smith submitted a request for reinstatement of his ḥalāl diet through the internal prison grievance system, which was denied. Smith initiated this federal lawsuit in 2020 alleging violations of free exercise of religion under the First Amendment of the U.S. constitution and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). His complaint alleges that the Colorado Department of Corrections, Dr. Muhammad Munir Chaudry, and The Islamic Food and Nutrition Council of America (IFNCA) violated his rights by the wrongful revocation of his religious diet and mislabeling of ḥalāl food products. Upon review, U.S. District Judge William J. Martinez, who adopted the recommendation of U.S. Magistrate Judge Nina Y. Wang that government officials not receive immunity but that the court dismiss Smith’s other allegations–including monetary damages against the government defendants for fraudulent misrepresentation of ḥalāl food products, and that the IFNCA and Dr. Chaudry be held liable for government actions. This order implements that recommendation and decision adopted by the district court.

In this decision, U.S. District Judge William J. Martinez adopts the recommendation of U.S. Magistrate Judge Nina Y. Wang in Smith v. Crockett, a case in which a Muslim inmate sued Colorado state prison officials on allegations that they had violated his federal constitutional and statutory rights to free exercise of religion and to a diet that confirmed to the dictates of his faith. In this case, petitioner Ray Anthony Smith, a Muslim inmate housed in a Colorado state prison, alleged a violation of his federal constitutional right to the free exercise of religion and his federal statutory right to a diet that complies with his faith. Specifically, he alleged that prison officials revoked his right to a ḥalāl diet upon observing him ordering non-ḥalāl food. Petitioner Smith submitted a request for reinstatement of his ḥalāl diet through the internal prison grievance system, which was denied. Smith initiated this federal lawsuit in 2020 alleging violations of free exercise of religion under the First Amendment of the U.S. constitution and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). His complaint alleges that the Colorado Department of Corrections, Dr. Muhammad Munir Chaudry, and The Islamic Food and Nutrition Council of America (IFNCA) violated his rights by the wrongful revocation of his religious diet and mislabeling of ḥalāl food products. Upon review of the record, Judge Martinez agreed with Judge Wang’s recommendation that the government officials were not entitled to immunity, as petitioner Ray Anthony Smith had made sufficient allegations to make out a prima facie claim. Also following Judge Wang’s recommendations, Judge Martinez dismissed Smith’s other allegations–including monetary damages against the government defendants for fraudulent misrepresentation of ḥalāl food products, and that the IFNCA and Dr. Chaudry be held liable for government actions.

In this case, petitioner Ray Anthony Smith, a Muslim inmate housed in a Colorado state prison, alleged a violation of his federal constitutional right to the free exercise of religion and his federal statutory right to a diet that complies with his faith. Specifically, he alleged that prison officials revoked his right to aḥalāl diet upon observing him ordering non-ḥalāl food. Petitioner Smith submitted a request for reinstatement of hisḥalāl diet through the internal prison grievance system, which was denied. Smith initiated this federal lawsuit in 2020 alleging violations of free exercise of religion under the First Amendment of the U.S. constitution and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). His complaint alleges that the Colorado Department of Corrections, Dr. Muhammad Munir Chaudry, and The Islamic Food and Nutrition Council of America (IFNCA) violated his rights by the wrongful revocation of his religious diet and mislabeling of ḥalāl food products. Upon reviewing the record, in Smith v. Crockett, U.S. Magistrate Judge Nina Y. Wang determined that the petitioner alleged actions that sufficed to make out a basic claim and recommended that government officials should not receive immunity. The Judge recommended, however, dismissal of Smith’s other allegations–including monetary damages against the government defendants for fraudulent misrepresentation of ḥalāl food products, and that the IFNCA and Dr. Chaudry be held liable for government actions.

This Country Profile provides a basic overview of the legal history and institutional structures of the Islamic Republic of Afghanistan (Jamhuri-ye Islami-ye Afghanistan), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Afghanistan’s Constitution, Islamic law (sharīʿa or fiqh) is the principal source for legislation.

Muslim inmate Imam Abd’Allah Halim Abdul Akbar (aka Phillip M. Hudson) sued several prison officials under §1983, alleging a violation of his First Amendment free exercise rights. Specifically, the plaintiff alleged that the prison denied his attempts to start a Muslim inmate group. The prison officials argued that the denial resulted from the plaintiff’s failure to follow the proper procedures for creating such a group. The Court granted summary judgment in favor of the defendant, concluding that the prison did not deprive the plaintiff of his ability to practice his religion and that the regulations governing creation of inmate groups were consistent with legitimate penological objectives of preventing gang activity and maintaining order in the prison population. 

Plaintiff Peter McDaniels sued various prison officials, alleging that they intentionally failed to provide him with pre-sunrise meals during Ramadan and with an Eid al-Fitr meal at the conclusion of Ramadan, in violation of his First Amendment rights to free exercise of religion. The Plaintiff also contended that the lack of provision of ḥalāl meat and deprivation of an Arabic Qurʾān for nine months were discriminatory violations of his rights. The Respondents moved for summary judgment. The District Court granted the Respondents' request for summary judgment on the Ramadan meals issue, stating that the Plaintiff failed to show that such failures to provide a meal on isolated incidents imposed a significant restriction on his religious practice. However, the District Court decided that the Respondents did not meet their burden of demonstrating that the religious diet policy furthers a compelling government interest and is the least restrictive means of furthering that compelling interest. The District Court dismissed the plaintiff's claim that the Respondents deprived the Plaintiff of his rights by not allowing him access to a Qurʾān, finding that the Respondents were not required to provide the Plaintiff with an Arabic Qurʾān or dates to be used in his devotional practice, given the absence of any showing that Respondents prevented him from obtaining such items. The Plaintiff did not seek injunctive relief, but the Court found that the individual Respondents were entitled to qualified immunity, so they could not be held liable for personal damages under RLUIPA.

This case was brought on appeal from the U.S. District Court for the Western District of Virginia, which granted summary judgment in favor of the defendants, prison officials (Warden Jack Lee, Assistant Warden Gene Shinault, and Correctional Officer K. Lester). Petitioner Leroy Lovelace was removed from a “pass list” (which gives inmates access to Ramadan prayer services and special meals) after prison officials claimed that he broke his fast by eating during the day. Lovelace argued that his removal was due to his complaints about expired food, and was thus in violation of his First Amendment right to free exercise of religion, the Fourteenth Amendment right to due process, and the requirements of Section 3 of the Religious Land Use and Institutionalized Persons Act (RLUIPA) (protecting prisoners from having their religious practices substantially burdened, without a compelling government interest). Section 3 of RLIUPA states that “No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in section 1997 of this title, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person--is in furtherance of a compelling governmental interest; and is the least restrictive means of furthering that compelling governmental interest.” 42 U.S.C.A. §2000cc-1(a). The Court vacated the grant of summary judgment in favor of Officer Lester, the prison official who reported the alleged fast breaking, as well as against Warden Lee, who was in charge of overseeing the prison, concluding that both officials played direct roles in the incident. The Court remanded the case to the district court to determine whether the plaintiff had made out a valid due process claim, and the Court affirmed the remainder of the district court’s grant of summary judgment in favor of the defendants.