Inmates can't be punished for following Koran, rules federal appeals panel

By The Associated Press

08.03.01

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SAN FRANCISCO — A federal appeals panel ruled yesterday that the California Department of Corrections cannot punish Muslim inmates who miss prison work assignments to attend a Sabbath service.

The case stems from a class-action suit representing about 300 Muslim inmates at a medium-security state prison in Vacaville. The prison reduces time for inmates who work at the facility.

Inmates sued the prison in 1996, saying they were being unfairly punished for missing work when they attended a Friday service on prison grounds.

A three-judge panel of the 9th U.S. Circuit Court of Appeals sided with the prisoners, saying the prison's policy violated their rights to freedom of religion. The penalties for missing work assignments include suspension of privileges, confinement to cells and a loss of early release credits.

Judge Dorothy W. Nelson wrote that freedom of religion in prisons "is obviously in the public interest," and noted that attendance of religious services are "commanded by the Koran."

The decision in Mayweathers v. Newland upholds a federal judge's injunction that prohibited the department from punishing inmates who miss work to attend services.

In another case dealing with prisoners' religious rights, a the 5th U.S. Circuit Court of Appeals recently denied a Texas inmate's claim that a policy against wearing beards violated his First Amendment rights.

Maurice Taylor said his Muslim beliefs require him to wear a quarter-inch beard.

The 5th Circuit, based in New Orleans, agreed July 24 with a Texas federal judge that Taylor's First Amendment claim was frivolous.

However, the appeals court sent the case back to the lower court for further fact-finding on Taylor's claim that the grooming policy violates the equal-protection clause of the 14th Amendment.

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