Inmate wins religious discrimination appeal

The Court of Appeals had reinstated a lawsuit filed by an inmate who asserts the state prison violated the First Amendment in denying him a religious meal. The trial court granted summary judgment on this claim in favor of the State, but the Court of Appeals brings the case back, and unless the case settles, it looks like this case will proceed to trial.

The case is Brandon v. Royce, issued on May 15. Plaintiff is incarcerated at Sing Sing Correctional Facility. He celebrates an Islamic holiday called Eid al-Adha, a four-day religious celebration. The prison set up a full-day event to celebrate the holiday, which included a prayer service, a shared religious meal, fellowship activities, etc. Under the plan, inmates in keeplock would also receive a meal and in the Hospital. A second event, two days later, involved serving a religious meal to inmates in the mess hall. The second event gives rise to this case. According to plaintiff, the second event was overbooked, and the Imam assured the inmates who voluntarily withdrew from the second event to make room for other inmates. Those selfless inmates would then receive the religious meals in their cells. Plaintiff was supposed to be one of the latter inmates, as he did not attend the second event and expected a religious meal in his cell. But no meal was forthcoming. Hence, this religious discrimination lawsuit brought under the First Amendment.

Defendants argued in response that the second event was not really a religious event but a family event open to Muslim inmates and their guests, and they deny approving the Imam's offer to have meal trays sent to the inmates' cells in exchange for them withdrawing from the second event. But the Court of Appeals (Calabresi, Nathan and Nagala [D.J.]) holds that, under the summary judgment rules, we have to credit plaintiff's account and then determine whether his version of events gives rise to a claim. 

Defendants' legal argument is rejected on appeal. While the jury may find that the whole thing was an "unfortunate misunderstanding" between the Imam and plaintiff, and that there really was no official arrangement for inmates to have the meals in their cells, that is for the jury to decide. Nor do penological, or safety concerns, allow the State to win the case. Prison cases are difficult to win because the State can always argue that the rights restriction drew from safety concerns. Courts do not like to second-guess these safety concerns, but that does not mean the prison always wins. The State argued that it worried that inmates might hide food in their cells, creating theft or hygienic risks. But that defense rings hollow, since the prior religious event, also involving food, allowed inmates that eat in their cells. That kind of inconsistency can lose the case for the State. But this is all for the jury if the case proceeds to trial.