In December, 1962, the Federal district court in Chicago dismissed the suit on grounds that it pertained to a matter not within the court's jurisdiction. On appeal, the United States Court of Appeals in 1963 dismissed the complaint and held that the Black Muslim movement in this country was not a religion but a racist organization. Therefore, the court added, its members were not covered by the guaranty of religious freedom in the United States Constitution.
In June, 1964, the United States Supreme Court ruled that the prisoner's complaint had asserted a proper cause of action and should not have been dismissed by the appellate court. The latter court was ordered to conduct hearings to determine if prison officials had improperly denied the prisoner his constitutional right to practice his religion. A hearing in this case has been scheduled for 1965.
In addition to resorting to the State and Federal courts for permission to practice their religion, NOI prisoners have used other means to protest prison treatment. Several years ago, for instance, the leader of an NOI group of prisoners died from gunshot wounds received from a prison guard during a disturbance between white and Negro prisoners in the exercise yard of the San Quentin, California, Adjustment Center. The Center, a portion of the California State Prison, is reserved for incorrigible inmates.
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