On April 17, the Hindu American Foundation filed an amicus brief in Owens v. Schuette, which is pending in the Sixth Circuit Court of Appeals. In this case, Mr. Owens complains that prison officials did not appropriately accommodate him during the Islamic holy month of Ramadan. Mr. Owens’ case is not unique – he is just one example of a religious minority facing an uphill battle to access religious accommodations. This violation of his rights warrants a strong remedy in the form of money damages.
During his incarceration, Mr. Owens was entitled to religious accommodation under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Despite repeated requests from Mr. Owens and his family, his rights were violated when he did not receive adequate meals at the right time to break his fast from the first day of Ramadan. Prison officials only provided these accommodations after Mr. Owens initiated this lawsuit. He was later transferred to a different institution and ultimately released from prison before his lawsuit came to an end. According to the District Court decision, since he is no longer in prison, his case is moot and he cannot get any monetary damages. We disagree.
HAF filed an amicus brief supporting the rights of prisoners who are religious minorities to receive appropriate accommodations while in prison and to receive monetary damages when their rights are violated in prison. Because Hindu Americans are less than 1% of the US population and they have religious traditions that are not well-understood by non-Hindus, they face heightened barriers to religious accommodation in prisons and other settings throughout American society. Under RLUIPA, all prisoners deserve equal access to religious accommodations. In reality, religious minorities frequently face barriers when trying to exercise their rights. And when those rights are violated, money damages should be available as a remedy. The data is clear that protecting rights to religious practice is beneficial to both individual prisoners and society.
HAF Legal Director Needhy Shah commented that “Congress passed RLUIPA to protect religious practice for all prisoners – particularly vulnerable religious minorities – and that protection must be enforced with monetary consequences when prisoners’ rights are violated.”
The brief was prepared by Clinical Assistant Professor Christopher S. Ross and law students participating in the Religious Liberty Clinic at The Catholic University of America, Columbus School of Law.
