Thursday, January 30, 2014

Santeria Priest May Proceed With1st Amendment Claims Against Police Chief

In Badillo v. Amato,(D NJ, Jan. 28, 2014), a New Jersey federal district court held that a Santeria priest can proceed with his 1st Amendment religious expression claims against a police chief for prosecuting him for animal abuse and neglect. Plaintiff was also allowed to proceed with a 4th Amendment claim.  The court rejected the contention that the police chief had qualified immunity, finding that:
Plaintiff’s right to practice the Santerian ritual of sacrificing certain types of animals, within the strictures and constraints of the religion, is a clearly established right....
The court dismissed claims against various other defendants.