Dist. Ct. did not err in finding that defendant-prison Director of Religious and Volunteer Services, was entitled to qualified immunity in plaintiffs-prisoners’ section 1983 action alleging that defendant’s failure to delay their transfer to new prison (to accommodate their kosher diet) until new facility offered opportunities for Jewish group worship and study violated their First Amendment rights. Defendant was entitled to qualified immunity, since plaintiffs failed to produce any law that gave them right to group worship, under circumstances where outside volunteers were unavailable at new facility to lead or train inmates to perform worship services. Moreover, no case law provides that prison official violates free Exercise Right Clause by transferring inmates to facility that does not provide congregate worship and study. Also, plaintiffs had no due process right to remain at particular prison.
Federal 7th Circuit Court
Civil Court
Prisoners