CRUZ v. BETO, CORRECTIONS DIRECTOR
No. 71-5552.
Decided March 20, 1972
Per Curiam.
The complaint, alleging a cause of action under 42 U. S. C. § 1983, states that Cruz is a Buddhist, who is in a Texas prison. While prisoners who are members of other religious sects are allowed to use the prison chapel, Cruz is not. He shared his Buddhist religious material with other prisoners and, according to the allegations, in retaliation was placed in solitary confinement on a diet of bread and water for two weeks, without access to newspapers, magazines, or other sources of news. He also alleged that he was prohibited from corresponding with his religious advisor in the Buddhist sect. Those in the isolation unit spend 22 hours a day in total idleness.
Again, according to the allegations, Texas encourages inmates to participate in other religious programs, providing at state expense chaplains of the Catholic, Jewish, and Protestant faiths; providing also at state expense copies of the Jewish and Christian Bibles, and conducting weekly Sunday school classes and religious services. According to the allegations, points of good merit are given prisoners as a reward for attending orthodox religious services, those points enhancing a prisoner’s eligibility for desirable job assignments and early parole consideration. Respondent answered, denying the allegations and moving to dismiss.
The Federal District Court denied relief without a hearing or any findings, saying the complaint was in an area that should be left “to the sound discretion of prison administration.” It went on to say, “Valid disciplinary and security reasons not known to this court may prevent the 'equality’ of exercise of religious practices in prison.” The Court of Appeals affirmed. 445 F. 2d 801.
Federal courts sit not to supervise prisons but to enforce the constitutional rights of all “persons,” including prisoners. We are not unmindful that prison officials must be accorded latitude in the administration of prison affairs, and that prisoners necessarily are subject to appropriate rules and regulations. But persons in prison, like other individuals, have the right to petition the Government for redress of grievances which, of course, includes “access of prisoners to the courts for the purpose of presenting their complaints.” Johnson v. Avery, 393 U. S. 483, 485; Ex parte Hull, 312 U. S. 546, 549. See also Younger v. Gilmore, 404 U. S. 15, aff’g Gilmore v. Lynch, 319 F. Supp. 105 (ND Cal.). Moreover, racial segregation, which is unconstitutional outside prisons, is unconstitutional within prisons, save for “the necessities of prison security and discipline.” Lee v. Washington, 390 U. S. 333, 334. Even more closely in point is Cooper v. Pate, 378 U. S. 546, where we reversed a dismissal of a complaint brought under 42 U. S. C. § 1983. We said: “Taking as true the allegations of the complaint, as they must be on a motion to dismiss, the complaint stated a cause of action.” Ibid. The allegation made by that petitioner was that solely because of his religious beliefs he was denied permission to purchase certain religious publications and denied other privileges enjoyed by other prisoners.
We said in Conley v. Gibson, 355 U. S. 41, 45-46, that “a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”
If Cruz was a Buddhist and if he was denied a reasonable opportunity of pursuing his faith comparable to the opportunity afforded fellow prisoners who adhere to conventional religious precepts, then there was palpable discrimination by the State against the Buddhist religion, established 600 B. C., long before the Christian era. The First Amendment, applicable to the States by reason of the Fourteenth Amendment, Torcaso v. Watkins, 367 U. S. 488, 492-493, prohibits government from making a law “prohibiting the free exercise” of religion. If the allegations of this complaint are assumed to be true, as they must be on the motion to dismiss, Texas has violated the First and Fourteenth Amendments.
The motion for leave to proceed in forma pauperis is granted. The petition for certiorari is granted, the judgment is vacated, and the cause remanded for a hearing and appropriate findings.
So ordered.
Mr. Justice Blackmun concurs in the result.
The amended complaint alleges, inter alia:
“Plaintiff is an inmate of the Texas Department of Corrections and is a member of the Buddhist Churches of America. At the time of filing of this suit, he was incarcerated at the Eastham Unit and has since been transferred to the Ellis Unit. There is a substantial number of prisoners in the Texas Department of Corrections who either are adherents of the Buddhist Faith or who wish to explore the gospel of Buddhism; however, the Defendants have refused in the past, and continue to refuse, Buddhists the right to hold religious services or to disseminate the teachings of Buddha. The Plaintiff has been prevented by the Defendants from borrowing or lending Buddhist religious books and materials and has been punished by said Defendants by being placed in solitary confinement on a diet of bread and water for two weeks for sharing his Buddhist religious material with other prisoners.
“Despite repeated requests to Defendants for the use of prison chapel facilities for the purpose of holding Buddhist religious services and the denials thereof the Defendants have promulgated customs and regulations which maintain a religious program within the penal system under which:
“A. Consecrated chaplains of the Protestant, Jewish and Roman Catholic religions at state expense are assigned to various units.
“B. Copies of the Holy Bible (Jewish and Christian) are distributed at state expense free to all prisoners.
“C. Religious services and religious classes for Protestant, Jewish and Roman Catholic adherents are held regularly in chapel facilities erected at state expense for ‘non-denominational’ purposes.
“D. Records are maintained by Defendants of religious participation by inmates.
“E. Religious participation is encouraged on inmates by the Defendants as necessary steps toward true rehabilitation.
“F. Points of good merit are given to inmates by the Defendants as a reward for religious participation in Protestant, Jewish and Roman Catholic faiths which enhance on inmates eligibility for promotions in class, job assignment and parole.
“Because inmates of the Buddhist faith are being denied the right to participate in the religious program made available for Protestant, Jewish and Roman Catholic faiths by the Defendants, Plaintiff and the members of the class he represents are being subjected to an arbitrary and unreasonable exclusion without any lawful justification which invidiously discriminates against them in violation of their constitutional right of religious freedom and denies them equal protection of the laws.”
We do not suggest, of course, that every religious sect or group within a prison — however few in number — must have identical facilities or personnel. A special chapel or place of worship need not be provided for every faith regardless of size; nor must a chaplain, priest, .or minister be provided without regard to the extent of the demand. But reasonable opportunities must be afforded to all prisoners to exercise the religious freedom guaranteed by the First and Fourteenth Amendments without fear of penalty.
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