Wednesday, November 23, 2005

Muslim Prisoner Challenges Worship Practices and State Statute

In Ha'min v. Montgomery County, 2005 U.S. Dist. LEXIS 28783 (MD Tenn., Nov. 10, 2005), a Tennessee federal district court held that a prisoner's First Amendment claims could proceed. Plaintiff alleged that the Montgomery County Sheriff's Office was not following its announced policy of permitting Muslim worship services for prisoners. He also challenged, essentially on Establishment Clause grounds, a Tennessee statute (Tenn. Code Sec. 41-21-211) that requires the distribution of Bibles to prisoners, but does not require distribution of copies of the Quran.