By Nathan Clark
mlive.com
LANSING, Mich. — A formal charge of discrimination was filed against the Michigan Department of Corrections Monday claiming it discriminated against a prisoner while he was on a religious fast.
The Michigan Department of Civil Rights (MDCR) filed the charge on Sept. 14 against MDOC following an investigation into an allegation of discrimination based on religion and retaliation requested by an inmate within a correctional facility, according to a statement from MDCR.
The investigation determined that two days after signing a settlement agreement related to a separate MDCR complaint, MDOC retaliated against the inmate by ordering him to submit to a urine drug test, knowing that he was participating in a religious fast, MDCR wrote.
When the inmate could not produce a urine sample within an hour due to dehydration caused by his religious fasting, MDOC placed him in segregation even though his urine sample returned negative for illicit substances the very same day.
The inmate remained in segregation for approximately 10 days.
“The department does not tolerate discrimination of any kind and has instituted policy that prohibits discrimination against prisoners based on their religious beliefs or practices,” MDOC Public Information Officer Jenni Riehle said. “MDOC does not agree with the charges of discrimination and retaliation filed by the Michigan Department of Civil Rights .”
Within the charge, MDCR is recommending that the Michigan Civil Rights Commission order MDOC staff to attend non-discrimination and non-retaliation training.
MDCR is also requesting that the Commission order MDOC to pay monetary compensation to the inmate for loss of property, emotional distress and financial hardship.
“Incarceration does not eliminate a person’s right to practice their faith, nor does it allow for retaliation for filing a civil rights complaint,” said MDCR Executive Director John E. Johnson, Jr. “Our state’s civil rights protections must serve as a tool to preserve fair treatment for everyone.”
The charge against MDOC will be presented at a hearing before an administrative law judge who will hear evidence from both sides.
If the judge determines that discrimination occurred and that remedies are necessary, the matter will be brought to the Michigan Civil Rights Commission for a final ruling.
The MDCR is tasked with investigating and resolving discrimination complaints and works to prevent discrimination through educational programs that promote voluntary compliance with civil rights laws.
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