Second Circuit – First Amendment: Brandon v. Royce

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United States Court of Appeals for the Second Circuit

First Amendment

Right to free exercise – Alternative means of expression

Brandon v. Royce

21-2554

Judges Calabresi, Nathan, and Nagala

Background: The plaintiff commenced an action as an inmate in custody of the New York State Department of Corrections and Community Supervision. He alleges that his right to free exercise of religion was violated when he was denied a special meal in celebration of Eid al-Adha. He also claimed he was subjected to cruel and unusual punishment by ordering that his housing block be constantly illuminated. The plaintiff appealed from the grant of summary judgment to the defendants on his First Amendment claims.

Ruling: The Second Circuit vacated in part and affirmed in part. The court held that there was no error in denying the motion to reopen discovery. However, there is a dispute in fact as to whether there was a genuine alternative means of receiving his religious meal.

Alessandra DeBlasio, of Pro Bono Counsel, for the plaintiff-appellant; Dennis Fan, of the NYS Office of the Attorney General, for the defendants-appellees.

Oral argument audio