230 F.3d 1347 (1st Cir. 2000), 99-2027, Denson v. Marshall

Docket Nº:99-2027.
Citation:230 F.3d 1347
Party Name:MacArthur DENSON, Plaintiff, Appellant, v. John H. MARSHALL, Jr.; Mark Powers, Defendants, Appellees.
Case Date:September 29, 2000
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
FREE EXCERPT

Page 1347

230 F.3d 1347 (1st Cir. 2000)

MacArthur DENSON, Plaintiff, Appellant,

v.

John H. MARSHALL, Jr.; Mark Powers, Defendants, Appellees.

No. 99-2027.

United States Court of Appeals, First Circuit

September 29, 2000

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA1 Rule 36 regarding use of unpublished opinions)

State prison inmate brought action against prison officials for violation of his free exercise rights. The United States District Court for the District of Massachusetts, 59 F.Supp.2d 156, William G. Young, C.J., granted officials' motion for summary judgment. Inmate appealed. The Court of Appeals held that logistical and security problems arising from inmate's request for non-perishable food to enable him to fast during daylight hours for three days each month outweighed inmate's free exercise rights.

Affirmed.

[1] Prisons 4(14)

310 ----

310k4 Regulation and Supervision

310k4(14) Religious Practices and Materials.

[See headnote text below]

[1] Prisons 17(3)

310 ----

310k17 Maintenance and Care of Prisoners

310k17(3) Food and Clothing.

Even if peanut butter and jelly were readily available at state prison, Muslim inmate requesting non-perishable food to enable him to fast during daylight hours for three days each month was still seeking special food at special time which would create logistical and security problems and which would outweigh inmate's free exercise rights. U.S.C.A. Const. Amend. 1.

[2] Prisons 4(1)

310 ----

310k4 Regulation and Supervision

310k4(1) In General.

Constitutional rights of prisoners must be viewed sensibly and expansively.

[3] Prisons 4(14)

310 ----

310k4 Regulation and Supervision

310k4(14) Religious Practices and Materials.

Relevant inquiry under the second factor of test to determine whether prison regulation impinges on inmate's free exercise rights is whether an inmate has alternative means of expressing his religious beliefs generally, not whether there is an alternative means of engaging in the particular religious practice in issue. U.S.C.A. Const. Amend. 1.

Appeal from the United States District Court for the District Of Massachusetts, William G. Young, U.S. District Judge.

MacArthur Denson, on brief pro se.

Nancy Ankers White, Special...

To continue reading

FREE SIGN UP