Supreme Court Review Sought In Prisoner Free Exercise Case

Yesterday, a petition for certiorari (full text) was filed with the U.S. Supreme Court in Hoever v. Belleis.  In the case, the 11th Circuit held that denial of an English language Bible and devotional materials to an inmate for 20 days while in disciplinary confinement did not impose a substantial burden on his religious exercise. (See prior posting.)  The petition for review argues that the 11th Circuit created a circuit split by holding that only a burden on a practice mandated by a prisoner’s faith can constitute a substantial burden. It also seeks review on the issue of the availability of compensatory damages in prisoner cases alleging 1st Amendment violations.