Muslim Inmate Who Reported Harassment Lacks Job Reprisal Suit

Aug. 4, 2020, 4:44 PM UTC

Federal law can’t be read to provide a First Amendment retaliation claim for a Muslim inmate who allegedly was fired from his prison job for reporting his bosses’ religious harassment, the Third Circuit ruled Tuesday, reversing course from an earlier decision.

The change in reasoning on whether Charles Mack can maintain a cause of action under the Bivens doctrine the U.S. Supreme Court created in 1971 was dictated by a 2017 decision by the justices, the U.S. Court of Appeals for the Third Circuit said. The justices held in Ziglar v. Abbasi that expansion of the claim created in Bivens ...

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