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Nation of Islam — Part 3
Page 92
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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 Jure, 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 hearimgs 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, NOJ prisoners have used other means
to protest prison treatment. Several years ago, for instance, the leader
of an NOJ 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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