Published on: Tuesday, December 26, 2023

Muslim man in Ohio prison alleges that prison officials failed to accommodate his observance of Ramadan while making comparable accommodations for Christians and Jews, and that officials retaliated against him when he exercised his First Amendment rights to complain about them by threatening to move him to a higher security prison, kicking him out of a cultural awareness group, and associating false positive drug tests with inmates in his cell block at random. Sixth Circuit: The disparate treatment of religions is enough to state a violation of the Equal Protection Clause, and one of these retaliation claims should go forward too. Partial dissent: I think even more of these retaliation claims have legs.

The case is Heyward v. Cooper, No. 22-03781 (6th Cir. Dec. 12, 2023).