Barnett v. Short et. al.

Jail officials in Jefferson County, Missouri, held Dewey Austin Barnett II in solitary confinement for a month and deprived him of any access to the Bible throughout that time, violating his right to exercise his religion. The MacArthur Justice Center is fighting to protect the fundamental liberties of people in prison, like the right to practice one’s religion.

Dewey Austin Barnett, II, is a devout Christian who practices his religion by reading the Bible. While incarcerated in Jefferson County, Mr. Barnett was held in solitary confinement and deprived of the Bible for a month. When he objected, Brenda Short, the Jail Administrator, rebuffed him, saying, “Feel free to quote the Constitution all you want.” Mr. Barnett sued Jefferson County and Ms. Short, alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Free Exercise Clause.

Without giving Mr. Barnett a chance to make any argument on the matter, the district court held that the claim was foreclosed because RLUIPA does not authorize money damages against Jefferson County or against the jail administrator in her individual capacity. On direct appeal, again without giving Mr. Barnett a chance to make any argument, the Eighth Circuit summarily affirmed.

The MacArthur Justice Center (MJC) joined the case and represented Mr. Barnett in seeking panel rehearing. The Eighth Circuit granted Mr. Barnett’s petition and ordered the Defendants to appear. The case is now back before a panel of the Eighth Circuit where Mr. Barnett and MJC are urging the court to ensure that remedies exist when officials blatantly deny access to basic religious materials.

Numerous civil rights groups, religious organizations, and legal scholars submitted amicus briefs in support of Mr. Barnett, including the Counsel on American-Islamic Relations, Professor Douglas Laycock, and 26 additional religious organizations.