Vinning-El v. Evans, No. 10-1681 (7th Cir. 2011)
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The inmate asked for a vegan diet, telling the chaplain that he adheres to the Moorish Science Temple. The chaplain rejected the request, observing that the tenets of Moorish Science require a non-pork diet, which can include dairy products and some meat and fish. The district court denied defendants' motion for summary judgment in the inmate's action under 42 U.S.C. 1983, but granted the motion with respect to claims under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C.2000cc to 2000cc–5. The Seventh Circuit reversed in part. The inmate is no longer at the prison, so damages would be the only potential relief. Money damages are not available in suits against states under RLUIPA and suits against state employees in their official capacity are treated as suits against the states. RLUIPA does not authorize any kind of relief against public employees in their private capacities. The warden was entitled to summary judgment under section 1983, which does not provide for "supervisory liability." To decide whether the chaplain has qualified immunity, the district judge must determine whether he reasonably attempted to determine whether the inmate had a sincere belief that his religion requires a vegan diet.
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