7th Circuit Rejects RLUIPA Challenge To Forced Feeding

In O'Malley v. Litscher, (7th Cir., Oct. 16, 2006), the U.S. Seventh Circuit Court of Appeals yesterday rejected a prisoner's claim that prison officials violated his rights under the Religious Land Use and Institutionalized Persons Act by force feeding him to end his protest fast. Robert O'Malley claimed he was using the power of prayer and fasting to ask God to move his former accusers to recant testimony that led to his conviction for sexual assault. Ultimately prison officials obtained a court order permitting them to force feed O'Malley. The court held that the choice of methods to end O'Malley's fast did not implicate his religious rights. It also held that carrying out a state court's order is not an independent violation of the constitution or of RLUIPA. [Thanks to How Appealing for the information.]