In Fuqua v. Raak, (9th Cir., Nov. 1, 2024), the U.S. 9th Circuit Court of Appeals partially reversed an Arizona federal district court's dismissal of a suit by Michael Fuqua, a Christian-Israelite (Christian Identity) state prison inmate who was refused Passover dietary meals. The prison chaplain and other prison officials denied Fuqua's request for a Kosher for Passover diet on the ground that Fuqua's belief that Christian-Israelites were descended from the Tribes of Israel was wrong. Officials said that supporting materials furnished by Fuqua suggested that he only needed to observe Passover with a memorial service using flatbread and grape juice. In reversing the trial court's grant of summary judgment to defendants on Fuqua's free exercise and equal protection claims, the court said in part:
... [W]e conclude that a reasonable trier of fact could find that Fuqua was denied his requested dietary accommodation, not based on his failure to follow a neutral and valid procedural rule for requesting accommodations, but rather based on [Chaplain] Lind’s own theological assessment of the correctness and internal doctrinal consistency of Fuqua’s belief system.
The court however affirmed the trial court's grant of summary judgment for defendants on Fuqua's RLUIPA claim, saying in part:
that the Spending Clause does not allow Congress to impose individual damages liability on state or local officials who are not themselves the recipients of federal funds.
In Fuqua v. Ryan, (9th Cir., Nov. 1, 2024) (unpublished), the 9th Circuit upheld the dismissal of Fuqua's free exercise claims against two correctional officers because there was no evidence that they were personally involved in the challenged actions. It upheld dismissal of claims against the kitchen manager on qualified immunity grounds. It also upheld the trial court's refusal to allow Fuqua to read from his Bible on the witness stand, saying in part:
The district court did not abuse its discretion in holding that, while Fuqua could explain the sincerity of his religious beliefs by reference to relevant scriptural passages, he did not need to have a physical Bible with him on the stand or to read the relevant passages verbatim.
