Schlemm v. Frank

Schlemm, a member of the Navajo Tribe, and a prisoner, sought an order requiring the prison to accommodate his religious practices under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc. Members of the Tribe honor the dead through dancing, praying, and eating traditional foods. Wisconsin concedes that this celebration is religious and that Schlemm sincerely believes that “traditional foods” should include game meat. The prison rejected his request for game meat or ground beef and his offer to secure a sealed platter from an outside vendor. The prison permits Jewish inmates to have outside vendors supply sealed Seder platters. Defendants maintain that serving venison would be too expensive, would exceed the capacity of institutional kitchens, and would violate a rule limiting prison foods to those certified by the USDA. The district court granted summary judgment, ruling that the denial does not impose a “substantial burden” on Schlemm’s religious exercise; the state has a “compelling governmental interest” in costs and using USDA-inspected meats; and that the denial is the “least restrictive means” of furthering those interests. The Seventh Circuit remanded, holding that the state was not entitled to summary judgment and ordering a preliminary injunction allowing Schlemm to order venison and to wear a multicolored headband while praying in his cell and during group ceremonies. View "Schlemm v. Frank" on Justia Law