Wiccan gets go-ahead to sue prison over religious symbol
By The Associated Press
08.23.02
MADISON, Wis. — A federal judge ruled on Aug. 20 that a prison inmate can sue the state Department of Corrections because guards wouldn't let him wear a Wiccan necklace.
Michael Grindemann, an inmate at the Kettle Moraine Correctional Institution in Plymouth, said in a complaint that the Corrections Department violated his First Amendment rights by denying him a pentacle — a five-pointed star also known as a pentagram.
The Pentacle is a piece of jewelry Wiccans wear around the neck representing the four ancient elements of life.
Wiccans celebrate nature and the Earth and follow various traditions, such as beliefs in gods and goddesses. Followers are sometimes referred to as witches, though many prefer the term Wiccan.
Grindemann said in his complaint that he is a Wiccan but couldn't wear his pentacle because prison officials believed the symbol was associated with gangs. He said in his complaint the Oshkosh Correctional Institution doesn't consider the pentacle to be gang-related.
Judge Barbara Crabb made no ruling as to whether the symbol posed a security risk.
Crabb denied Grindemann's request for an injunction to prevent him from being transferred to another prison. Grindemann argued a transfer would render his lawsuit moot.
The judge said Grindemann's motion was based on vague speculation, probably wouldn't succeed and wouldn't cause him irreparable harm if it was denied.