Bader v. Wrenn, No. 11-1634 (1st Cir. 2012)Annotate this Case
Petitioner, an Orthodox Jew, is serving a life sentence for murder without the possibility of parole, sought a transfer back to the prison in which he was previously held. Before the transfer, he regularly participated in Jewish religious activities, followed dietary restrictions, and met individually with a visiting rabbi. After the transfer to a prison in a less-populated area, the prison chaplain made efforts, largely fruitless, to provide Jewish services. Only one other practicing Jewish inmate was housed at the facility. The district court denied a preliminary injunction under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc. The First Circuit affirmed. Petitioner's disadvantages depend importantly on proximate actions and decisions not attributable to the government and are too attenuated from the transfer decision to be considered government imposed burdens under RLUIPA. He was not transferred for the purpose of restricting his religious opportunities or in retaliation for the exercise of his First Amendment rights.