By C1 Staff
NEW YORK — A federal judge in New York has rejected a motion to dismiss an inmate’s suit that he was denied the right to practice his religion.
The Village Voice reports that Kevin Phillip was held in solitary through several Fridays in 2011, and was not allowed to attend Muslim prayer service.
Corrections officials argued that Phillip “failed to show any facts showing that he was unable to practice his religion in any meaningful way.”
The judge disagreed, ruling that Phillip could sue the New York City Department of Corrections and Rikers wardens for possibly violating his First Amendment right.
The inmate’s “assertion that he was denied the right to attend Jumuah service on 10 occasions adequately alleges that his practice of Islam was substantially burdened,” wrote Judge Ronne Abrams, of the United States District Court for Southern District of New York.
Before reaching the suit, Phillips had filed multiple grievances to high-level jail officials. According to Phillips, those same officials seemed to recognize the legitimacy of his claims, stating they announced in December 2011 that “arrangements were being made for inmates to observe religious services in the segregation day-room.”
He says that never happened, and instead officers countered with extra punishment, such as five additional days of seg and other forms of “obvious harassment.”
Abrams stated that Phillip’s allegations may reveal a “pattern of misconduct” and support “a conclusion that the denial was pursuant to policy or custom.”
Phillip, who was convicted of burglary, is now incarcerated at Coxsackie Correctional Facility in upstate New York.