Darrell Theodore Kind was incarcerated in the Washington County Jail in Minnesota for two and a half months in 1998. Kind brought a § 1983 action against employees at the jail because he claims they violated his First Amendment free-exercise-of-religion right by refusing to place him on a vegetarian diet to accommodate his Muslim faith. He also alleges that the jail retaliated against him for exercising his constitutional rights and denied him access to the courts. Upon the magistrate’s recommendation, the district court granted summary judgment to the jail officials on all counts, concluding they were entitled to qualified immunity on the free-exercise claim, and that the other claims were without merit. The case was dismissed with prejudice. Kind appeals.
“In a claim arising under the First Amendment’s Free Exercise Clause, an inmate must first establish that a challenged policy restricts the inmate’s free exercise of a sincerely held religious belief.”
Brown-El v. Harris,
Kind filed a grievance with the Minnesota Department of Human Rights, claiming that the Washington County Jail violated his right to religious freedom by failing to provide him with a vegetarian diet. After the Department found probable cause to support his grievance, Washington County agreed to adopt a new policy that would allow any inmate to request, for any reason, vegetarian meals. The county’s new policy did not go into effect until after Kind had left the Washington County Jail.
“Qualified immunity shields government officials from suit unless their conduct violated a clearly established con
Next, Kind asserts the jail retaliated against him by transferring him to another facility for asserting his constitutional rights of freedom of religion and access to the courts. The record demonstrates that Kind was disciplined and transferred due to a pattern of misbehavior and repeated violations of the jail’s rules of conduct. He has failed to show that but for his assertions of his constitutional rights, he would not have been transferred; his misconduct appears to have been reason enough for this administrative action.
Finally, Kind asserts he was denied his constitutional right of access to the courts because the jail interfered with his mail, prevented him from accessing certain legal materials, and denied him sufficient amounts of writing paper. Actual injury or prejudice must be proven to prevail on an access-to-courts claim.
Lewis v. Casey,
Accordingly, we affirm. See 8th Cir. R. 47B.
