Cruz v. Beto, 405 U.S. 319 (1972)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

Petitioner prisoner, an alleged Buddhist, complained that he was not allowed to use the prison chapel, that he was prohibited from writing to his religious advisor, and that he was placed in solitary confinement for sharing his religious material with other prisoners. The Federal District Court denied relief without a hearing or findings, holding the complaint to be in an area that should be left "to the sound discretion of prison administration." The Court of Appeals affirmed.

Held: On the basis of the allegations, Texas has discriminated against petitioner by denying him a reasonable opportunity to pursue his Buddhist faith comparable to that offered other prisoners adhering to conventional religious precepts, and the cause is remanded for a hearing and appropriate findings.

Certiorari granted; 445 F.2d 801, vacated and remanded.