Sisney v. Reisch, et al., No. 10-3003 (8th Cir. 2012)
Annotate this CasePlaintiff, incarcerated in the South Dakota State Penitentiary (SDSP), where he practiced his Jewish faith, filed suit claiming that certain SDSP officials violated his Firth Amendment free exercise rights by denying his requests to erect and eat his meals within a succah in the SDSP recreation yard. The district court granted summary judgment to the officials and plaintiff appealed. The court held that the district court did not err in ruling that the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(e), barred plaintiff from recovering compensatory damages because his suit contained no allegation of physical injury. The court also held that the district court did not err in granting the officials qualified immunity because plaintiff had failed to allege violation of a constitutional right that was clearly established. Accordingly, the court affirmed the judgment.
Court Description: Prisoner case - Civil rights. Denial of prisoner's request to erect and eat his meals within a succah in observance of the Jewish festival of Sukkot did not violate the prisoner's First Amendment free exercise rights; the district court did not in entering summary judgment on the prisoner's pleas for compensatory damages as Section 1997e(e) of the PLRA bars recovery of compensatory damages where the free exercise claims contain no allegation of physical injury; defendants were entitled to qualified immunity on plaintiff's First Amendment free exercise rights claims as it was not apparent that a prison inmate's right to reasonable dietary and meal accommodations extended to the use of a succah, and the prison officials did not have fair notice that it would be unlawful to deny the prisoner's applications.
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