50. Work-Prisoner U.S. District Court Fenelon v. Riddle, 34 Fed.Appx. 265 (9th Cir. 2002). An inmate brought an action against prison RELIGION officials, alleging that the First Amendment required the prison to permit him to attend a weekly Jumu'ah service for Muslims, and that time spent at the service should count toward reducing his sentence under a state work incentive program. The district court granted summary judgment in favor of the inmate and entered a permanent injunction. The appeals court reversed and remanded, finding that the district court erred in interpreting Jumu'ah as a special religious function in order to "avoid a constitutional quandary." The court noted that the state's voluntary cessation of the alleged unlawful practice did not render the inmate's actions moot. The appeals court advised the district court, on remand, to consider the impact of any intervening changes in the law, including the Religious Land Use and Institutionalized Persons Act of 2000. (California Medical Facility Prison) U.S. District Court Murphy v. Carroll, 202 F.Supp.2d 421 (D.Md. 2002). A Jewish inmate brought a pro se [section] RELIGION 1983 action against prison officials asking for injunctive relief and damages. The prisoner alleged that the officials violated his First Amendment right to the free exercise of religion by refusing to accommodate his request for an alternative cell cleanup day, other than Saturday. The district court granted summary judgment in favor of the officials, finding that while the policy violated the inmate's First Amendment right, this right was not clearly established at the time of the violation and the officials were entitled to qualified immunity. The court found no rational relationship between the Saturday-only cell cleaning policy that outweighed the inmate's right to honor the Jewish Sabbath by not working. The court was critical of the officials', finding them entitled to qualified immunity "despite the patent unreasonableness of the defendants'...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT