Howard Friedman, Religion Clause
In Daniels v. City of North Charleston, 2012 U.S. Dist. LEXIS 126314 (D SC, Sept. 6, 2012), a South Carolina federal district court adopted a magistrate’s recommendations (2012 U.S. Dist. LEXIS 126767, Aug. 9, 2012) and permitted plaintiff (an adherent of the East African Hebrew religion) to move ahead with several of his claims growing out of the refusal of Municipal Court constables to allow him to enter the court room wearing religious headdress . The court allowed plaintiff to proceed on his charges that the city violated his free exercise rights under the federal constitution as well as under the South Carolina Religious Freedom Act. It also allowed him to proceed on certain common law claims. However religious discrimination and other constitutional claims against the constables in their individual capacities were dismissed on the basis of quasi-judicial immunity.