Bader v. Wrenn
675 F.3d 95
1st Cir.2012Background
- Bader, an inmate serving life without parole for murder, was transferred from NHSP-Concord to NCF-Berlin and sued under RLUIPA seeking transfer back and fees.
- Before transfer, he regularly participated in group Jewish worship at NHSP-Concord, including Sabbath services and holiday celebrations, with rabbinical support and dietary observances.
- At NHSP-Concord, services were led by chaplains or approved volunteers; Bader’s practice included tefillin with rabbinical assistance.
- The November 26, 2010 incident led to Bader’s transfer; Major Fouts testified the transfer was due to concerns about Bader’s influence and behavior, not merely the disciplinary matter.
- NCF-Berlin lacked on-site Jewish services and regular access to outside volunteers; as a result, Bader had limited group worship and rabbinical contact there.
- The district court denied preliminary injunctive relief; the First Circuit reviews de novo the RLUIPA issue whether the transfer imposed a substantial burden on religious exercise and if so whether it was the least restrictive means to satisfy a compelling governmental interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RLUIPA applies to prisoner transfer decisions. | Bader contends transfer burdens religious exercise. | Transfers are general government decisions and not designed to burden religion. | No; transfer decisions not governed by RLUIPA absent government-created burden. |
| Whether Bader’s burden was caused by government action or by conditions at Berlin beyond government control. | Transfer caused the burden on worship. | Burden arises from local conditions, not from government-imposed restriction. | Burden was too attenuated from the transfer to be RLUIPA-imposed. |
Key Cases Cited
- Cutter v. Wilkinson, 544 U.S. 709 (U.S. 2005) (legislative focus on internal prison rules and religious accommodations)
- Meachum v. Fano, 427 U.S. 215 (U.S. 1976) (federal judiciary should avoid entanglement in prison assignment decisions)
- Spratt v. RI Dept. of Corr., 482 F.3d 33 (1st Cir. 2007) (preaching to inmates as a religious exercise issue under RLUIPA)
- Kuperman v. Wrenn, 645 F.3d 69 (1st Cir. 2011) (RLUIPA greater protection than First Amendment; scope of burden)
- Crawford v. Clarke, 578 F.3d 39 (1st Cir. 2009) (prison prayer services and segregation-related access to worship)