In Villareal v. Rocky Knoll Health Care Center, (ED WI, June 1, 2022), a Wisconsin federal district court refused to allow a nurse who objected on religious grounds to a COVID testing requirement of a county-run nursing center to file an amended complaint. The nurse's employment had been terminated her for refusing to comply with the center's testing policy. The court said in part:
Rocky Knoll’s COVID-19 testing policy is neutral. It does not refer to a religious practice.... Nor is its purpose to suppress “religion or religious conduct.”...
It is also generally applicable: Rocky Knoll’s policy does not prohibit religious conduct while permitting other conduct that may undermine its interest in preventing the spread of COVID-19 in its facility and ensuring the safety of its residents and employees....
The court also held that plaintiff cannot recover damages or obtain injunctive relief in federal court for a claim under the right of conscience provisions of the Wisconsin constitution.
