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