Kaufman v. Pugh

Dist. Ct. erred in granting defendants-prison officials’ motion for summary judgment in plaintiff-prisoner’s action under Establishment Clause alleging that defendants wrongfully denied plaintiff’s request to organize atheist group given defendants’ allowance of seven recognized umbrella religious groups of prisoners to meet within prison, where Dist. Ct. believed that only two inmates had expressed any interest in forming atheist group. Record contained triable issue as to whether there was enough interest to form atheist group among 14% of instant prison population, who had indicated “unknown” religious affiliation. However, Dist. Ct. could properly grant summary judgment with respect to: (1) defendant’s rejection of plaintiff’s request to wear “knowledge thought “ ring, where plaintiff had failed to present evidence that failure to wear such ring imposed substantial hardship on his practice of atheism; and (2) plaintiff’s claim that prison library intentionally lost three books that plaintiff had donated on atheism.