Johnson v. Killian, No. 10-4651 (2d Cir. 2012)
Annotate this CasePlaintiff, a follower of Islam, was incarcerated at the Federal Correctional Institution in Otisville, New York (FCI Otisville). Plaintiff's religious beliefs required participation in congregational prayer five times a day but under the FCI Otisville policy, the prison chapel was available only once a day and no other space within the facility was made available to plaintiff and others in his faith. Plaintiff subsequently appealed from the district court's dismissal of his claims that defendants violated his rights under the First Amendment and the Religious Freedom Restoration Act, 42 U.S.C. 2000bb-1, based on a finding that plaintiff had failed to exhaust his administrative remedies concerning his congregational prayer policy claim. Because the court found that plaintiff did indeed exhaust his administrative remedies, the court vacated the judgment and remanded for further proceedings.
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