×
You have 2 more free articles available this month. Subscribe today.
Refusal of TB Test on Religious Grounds Discussed
The plaintiff refused a PPD on religious (MOVE) grounds and was placed in administrative custody and kept there even after he submitted to a chest x-ray, which was negative.
There is no evidence that MOVE is actually a religion (and the Third Circuit has previously held it is not). Even if it is a religion and avoiding piercing the skin is a central tenet of it, the PPD requirement and isolation for refusing it meet the Turner standard. Prisons are high-risk environments for tuberculosis and it is legitimate to try to prevent its transmission. Skin testing is more effective than chest x-rays in detecting it.
The plaintiff did not respond to defendants' summary judgment motion. See: Africa v. Horn, 998 F.Supp. 557 (E.D.Pa. 1998).
There is no evidence that MOVE is actually a religion (and the Third Circuit has previously held it is not). Even if it is a religion and avoiding piercing the skin is a central tenet of it, the PPD requirement and isolation for refusing it meet the Turner standard. Prisons are high-risk environments for tuberculosis and it is legitimate to try to prevent its transmission. Skin testing is more effective than chest x-rays in detecting it.
The plaintiff did not respond to defendants' summary judgment motion. See: Africa v. Horn, 998 F.Supp. 557 (E.D.Pa. 1998).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Africa v. Horn
| Year | 1998 |
|---|---|
| Cite | 998 F.Supp. 557 (E.D.Pa. 1998) |
| Level | District Court |
| Injunction Status | N/A |