In Kravitz v. Purcell, the U.S. Court of Appeals for the Second Circuit considered whether incarcerated plaintiffs must show a substantial burden on their religious beliefs to prevail on free exercise claims under U.S.C. 42 §1983.

Joined by Judges Amalya Kearse and Dennis Jacobs, Judge Steven Menashi authored the panel’s unanimous opinion, which rejected the substantial burden test. To survive summary judgment, the panel held, Section 1983 plaintiffs—including those in prison—need to demonstrate only that their “sincere religious beliefs” were burdened. The decision ended 30 years of doctrinal confusion and deepened a significant circuit split.

Supreme Court’s Evolving Free Exercise Jurisprudence; Second Circuit’s Open Question

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