Ralston v. Cannon, No. 16-1372 (10th Cir. 2018)
Annotate this CaseDenver Detention Center (“DDC”) prisoner Craig Ralston filed a 42 U.S.C. sec. 1983 civil rights suit against Hosea Cannon. Ralston alleged Cannon, the official charged with “coordinating, directing[,] and monitoring the religious activities” of DDC inmates, violated his First Amendment right to free exercise by denying his request for a kosher diet. Cannon moved for summary judgment on the basis of qualified immunity, asserting his conduct was, at most, negligent and, thus, did not rise to the level of a First Amendment violation. The district court denied Cannon’s request for qualified immunity. The district court concluded it was clearly established that a kosher-meal accommodation was necessary if Ralston had an honest belief the accommodation was important to his free exercise of religion. Importantly, the district court further concluded the record, read in the light most favorable to Ralston, was sufficient to allow a reasonable juror to find Cannon consciously or intentionally interfered with Ralston’s right to free exercise by denying the kosher-diet request. Cannon appealed. The Tenth Circuit determined that each aspect of Cannon’s appeal amounted to a challenge of the district court’s determinations of evidentiary sufficiency. Accordingly, the Court lacked jurisdiction over this interlocutory appeal, and dismissed Cannon’s appeal.
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