34. Programs-prisoner.

U.S. District Court

ALCOHOL/DRUG REMOVAL FROM PROGRAM REQUIREMENTS

Munir v. Kearney, 377 F.Supp.2d 468 (D.Del. 2005). A state prison inmate brought a [section] 1983 in forma pauperis action against prison officials, alleging among other things that the imposition of discipline for his refusal to complete an essay as part of a substance abuse rehabilitation program violated his free exercise First Amendment rights. The district court granted summary judgment for the defendants, finding that the inmate's First Amendment free exercise of religion rights were not violated. The inmate complained that completing the assignment would be a violation of his beliefs under Islam. The court held that the regulation was reasonably related to a legitimate penological interest in rehabilitation programs. The court noted that the inmate had numerous alternative means to exercise his religious freedom, and that it would be unduly burdensome to require the prison to provide an alternative essay question. The prison policy requires all inmates who are enrolled in a program to fully participate in the program. Any inmate who refuses to participate in the program in which he is enrolled is written up for "Refusal to Participate in Classified Treatment Program." Once written up, the inmate is referred to a disciplinary hearing officer and is no longer eligible for an institutional work assignment. The assignment required the inmate to think and write about alternative choices that he could have made prior to being incarcerated, and the impact these choices may have had on his life. The inmate claimed that completing the assignment would be a violation of his religious beliefs, alleging that answering it "knowing the sinful nature in the sight of Allah, is willful and blatant disobedience to Allah."...