(Jurist) The US Court of Appeals for the Eighth Circuit ruled on Thursday that a district court used the wrong standard when it determined that the Arkansas Division of Corrections (ADC) policy that requires Muslim prisoners to pray with members of the Nation of Islam and the Five-Percent Nation and only wear kufis during prayer services does not violate the Religious Land Use and Institutionalized Persons Act of 2000. The decision means the case will be sent back down to the district court to determine if the ADC policy violates Muslim prisoners’ religious rights.
A three-judge panel for the Eighth Circuit issued a unanimous opinion that the district court used the wrong standard in its ruling. The court noted that it based its decision on testimony that the plaintiff Muslim prisoners did not always follow their religious obligations in the past.
