Joe Lowell McElyea Jr. v. Governor Bruce Babbitt

Plaintiff-Appellant Joe McElyea brought this action pro se under 42 U.S.C. § 1983 alleging that prison authorities prevented him from practicing his religion in violation of the free exercise clause of the first amendment. The district court awarded summary judgment in favor of the defendants. We reverse and remand.

FACTS

Joe McElyea is incarcerated in the Arizona State Prison in Perryville, Arizona. This action for injunctive relief and monetary damages arises out of his claim that the defendants have denied him his right to practice his religion. Specifically, he asserts that (1) there were no weekly Jewish services conducted at the prison; (2) he was unreasonably denied permission to attend a special service on the High Holy Days; (3) he was unable to obtain a kosher diet; and (4) there were no Jewish religious writings available at the prison.

At the start of the proceedings, the district court entered an order finding that McElyea’s complaint stated a claim and directed service be made on two of the defendants. The defendants moved for an extension of time to respond to the complaint. This motion was granted. McE-lyea filed a petition for addition of evidence, attaching a…