Kemp v. Liebel, No. 17-1314 (7th Cir. 2017)Annotate this Case
Plaintiffs, Jewish inmates at prisons operated by the Indiana Department of Corrections, were transferred from one DOC facility to another (Wabash Valley) in order to maintain a kosher diet. Plaintiffs allege that Liebel, the DOC Director of Religious and Volunteer Services, violated the Free Exercise Clause of the First Amendment by failing to delay that transfer until the new facility offered opportunities for Jewish group worship and study. At the time of the transfer, the DOC was unable to recruit Jewish volunteers to Wabash Valley to lead worship or train inmate leaders. In their suit under 42 U.S.C. 1983, the district court granted Liebel summary judgment, citing qualified immunity. The Seventh Circuit affirmed, finding that Liebel did not violate clearly established law. Plaintiffs cited no case holding that the Free Exercise Clause provides prisoners the right to group worship when outside volunteers were unavailable to lead or train inmates or holding that a prison official violates the Free Exercise Clause by transferring inmates to a facility that does not provide congregate worship and study, or by failing to delay a transfer until the new facility provides congregate worship and study.