Thursday, June 23, 2005

Prisoner's Claim For Lost Religious Items Permitted To Continue

In Crump v. May, 2005 U.S. Dist. LEXIS 12013 (D.DE, 6/16/2005), the federal district court in Delaware has permitted a prisoner to proceed with his claim that while being moved between prison facilities, his Koran and Kufi were taken and never returned to him. It held that this raised a First Amendment Free Exercise claim, while the negligent loss of his jewelry and personal items did not. Claims as to loss of non-religious items were dismissed as not raising a due process issue; the appropriate remedy was an action in state court.