CASE LAW UPDATE:  Whether defendant’s freedom of religion was not improperly infringed by one time denial of a Ramadan meal or Eid feast?

Where an inmate challenged the adverse grant of summary judgment on claims arising from the denial of religious texts, the claims were subject to dismissal for failure to exhaust administrative remedies, and the record did not establish that the practice of the inmate’s religion was substantially burdened under the Religious Land Use and Institutionalized Persons Act or the First Amendment by the one time denial of a Ramadan meal or Eid feast meal, so the judgment is affirmed.

While there is freedom of religion in the United States, a person incarcerated in prison has lesser constitutional rights than a person not convicted of a felon.  For example, while liberty is an important interest, certainly a person’s liberty is infringed upon when they are sentenced to prison.  Also, an inmate has a substantially less Fourth Amendment right against unreasonable searches and seizures; an inmate’s cell can be searched.  So, an inmate has a lesser First Amendment freedom in prison.

Scott v. Gibson, 20-3000, per curiam.  Appealed from the United States District Court, Eastern District of Arkansas.

Minnesota Criminal Defense Lawyer was not attorney of record in this case.

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