Vinning-El v. Evans

In section 1983 action alleging that defendant-prison chaplain violated plaintiff-prisoner's First Amendment rights by denying his request for vegan diet based on plaintiff's claim that said diet was required by his observation of Moorish Science Temple of America religion, remand was required to determine whether defendant was entitled to qualified immunity. On remand, Dist. Ct. must hold hearing to determine whether defendant's denial was based on suspicion that plaintiff was seeking vegan diet for personal reason (for which defendant would be entitled to qualified immunity) rather than religious reason. If denial was based on defendant's belief that vegan diet was not tenet of Moorish Science religion, defendant would not be entitled to qualified immunity, and plaintiff would be entitled to jury trial to determine whether plaintiff actually held religious belief on necessity of vegan diet.