Neely-Beytarik-El v. Conley

The inmate sued Pendleton Correctional Industrial Facility (CIF) and Indiana Department of Corrections officials, alleging that they prevented him from participating fully in Moorish Science Temple of America services held at the CIF, in violation of the First Amendment's Free Exercise and Establishment Clauses. The district court screened the complaint under 28 U.S.C. 1915A; dismissed claims against two defendants on Eleventh Amendment grounds and against an officer who had not participated personally in any of the cited actions; and allowed damages claims against the remaining defendants to proceed. Following discovery, the court granted the remaining defendants summary judgment on qualified immunity grounds. The Seventh Circuit affirmed in part, concluding that the defendants are entitled to qualified immunity on First Amendment claims for damages. The court remanded in part; the district court misread the complaint, which clearly seeks injunctive relief as well as damages. The court should have read the inmate’s pro se free exercise claim as seeking injunctive relief under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc. On remand, the court first must determine whether the free exercise claim and RLUIPA claims are moot, then consider whether injunctive relief is warranted. There is no basis for injunctive relief on the establishment clause claims. View "Neely-Beytarik-El v. Conley" on Justia Law