The Constitution doesn’t apply, apparently, when it comes to
atheists. Barry Hazle, an avowed atheist from California, has had his
parole revoked, and you’ll balk at why. According to Courthouse News Service, Hazle
rightfully sued his parole officer, several corrections officials with
the state of California, and Westcare Corp. for revoking his parole
after his “congenial” refusal to acknowledge a higher power in a
required 12-Step Program.
Hazle said that he had already expressed discomfort with
participating in religiously based drug treatment programs after a plea
of “no contest” to a methamphetamine possession charge. Despite the fact
that everyone involved knew he was was an atheist, Hazle was released
from prison into a 90-day treatment facility, where all of the programs
available followed the 12 step method, which requires the acknowledgment
of a higher power. When Hazle refused to participate, the staff
reported him to his parole officer, and he went back to prison for 100
days.
Hazle filed a Federal civil rights suit seeking damages for false
imprisonment and other civil rights violations. San Francisco U.S.
District Judge Garland Burrell found the defendants in Hazle’s case
liable for civil rights violations. However, when he turned the case
over to a jury, they awarded Hazle zero damages.
Hazle appealed for a new trial, and was denied. Finally, a
three- judge panel of the 9th Circuit found that Hazle was entitled to
damages in his civil rights suit. From Judge Stephen Reinhardt:
The district judge’s finding of liability establishes that Hazle suffered actual injury when he was unconstitutionally incarcerated. Given this undisputed finding that Hazle’s constitutional rights were violated, and applying the rule that the award of compensatory damages is mandatory when the existence of actual injury is beyond dispute, we hold that the district judge erred in refusing to hold that Hazle was, as a matter of law, entitled to compensatory damages. We therefore reverse the district judge’s denial of Hazle’s motion for a new trial.
I’ll say he is entitled. And if the damages awarded are something
insanely small, we’ll know where this nation stands with regards to the
First Amendment: it only applies to some. Then again, we already knew
that, didn’t we?
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