On December 3, 2008, plaintiff, a prisoner who is an ordained Pentecostal minister, filed a lawsuit in the U.S. District Court of the District of New Jersey under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§ 2000cc, et seq. ("RLUIPA") against the Commissioner of the New Jersey Department of Corrections and the Administrator at the New Jersey State Prison (NJSP). The plaintiff, represented by the ACLU, asked the court for nominal damages and to enjoin defendants from prohibiting plaintiff from preaching and ministering to other inmates, from leading religious services, and from teaching religious classes. Specifically, plaintiff claimed that defendants violated plaintiff's First Amendment right by implementing a policy banning all prisoners from preaching in the prison.

Plaintiff had preached at weekly worship services at NJSP for more than a decade when prison officials issued a blanket ban on all preaching by inmates, even when done under the direct supervision of prison staff.

On February 23, 2009, the U.S. District Court (Judge Anne E. Thompson) issued an order denying plaintiff's request for preliminary injunction. The court noted that prisoners may preach to small groups of no larger than six people, but may not lead large groups for security reasons. On November 25, 2009, the parties filed a Stipulation of Dismissal, as the claims in the action had been resolved by the parties.

Julie Singer - 10/23/2014


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