DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
023874P.pdf 06/22/2004 Michael Murphy v. MO Dept. of Corr.
U.S. Court of Appeals Case No: 02-3874
Western District of Missouri
Prisoner case - prisoner civil rights. Prison officials' decision to reject
group worship request by member of Christian Separatist Church Society
was reasonably related to security concerns and was not an violation of
plaintiff's First Amendment free exercise rights; equal protection claim
was properly rejected as no other group was similarly situated, since no
group plaintiff pointed to had as one of its central tenets espousal
of racial separatism, a principle the jail officials reasonably believed
created safety concerns; programming on in-house religious channel
promoted freedom of religion and did not favor any particular religion;
defendants' summary judgment on claim they violated defendant's First
Amendment rights by censoring a publication reversed and remanded for
further proceedings, as the documented reasons for censoring the items
were too conclusory to support summary judgment; on remand,
defendants may again move for summary judgment if they have more
specific evidence as to why this publication implicates penological
concerns; regarding plaintiff's claims under the Religious Land Use and
Institutionalized Persons Act, the standard of review to be applied is
similar to the standard the court applied to cases under the Religious
Freedom Restoration Act of 1993; district court erred in granting
summary judgment on these claims, as this court could not say, on the
basis of the current record, that the prison had met its b