27 Mar

So we took a little break…

Anyway, on March 19 the United States Court of Appeals for the Eighth District (which includes Minnesota) handed down Sisney v. Reisch. In Sisney, the 8th Circuit agreed with a South Dakota federal district court that ruled that Sisney, a Jewish prisoner, was not entitled to compensatory damages for authorities’ refusal to permit him to erect a succah in the recreation yard so that he could observe the Jewish holiday feast of Sukkot. According to the opinion, Sisney’s attempts were denied on grounds that the structure would present safety and security issues.

Sisney’s suit, filed pursuant to 42 U.S.C. § 1983, alleged such a denial was a violation of his First Amendment free exercise rights. In denying his  motion, the Eighth Circuit panel cited previous United States Supreme Court caselaw holding that “”prison officials may not deny an inmate ‘a reasonable opportunity of pursuing his faith comparable to the opportunity afforded fellow prisoners who adhere to conventional religious precepts.’” Cruz v. Beto, 405 U.S. 319 (1972).

(H/T Religion Clause)


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: