Ghailani v. Sessions, 859 F.3d 1295 (10th Cir. June 21, 2017)
Jun 21, 2017
The plaintiff prisoner was forbidden from participating in group prayer with other inmates due to prior terrorist activity. The Tenth Circuit held that the Government cannot rely on Special Administrative Measures to demonstrate the state’s compelling interest required by RFRA, because the furtherance of a compelling governmental interest is an affirmative defense and the burden is placed on the government to demonstrate the interest.