An atheist prisoner in Illinois is suing the state and a private prison contractor for alleged unfair punishment stemming from his mandatory faith-based rehabilitation.

The inmate claims he was put in solitary confinement for refusing to stand during prayers that conflict with his beliefs. The case revolves around the First Amendment prohibition on governments establishing religion.

For Rayshawn Vonperbandt, the trouble really started in high school. That’s when he was diagnosed with a brain malformation which required surgery, and he eventually became addicted to his prescription painkillers.

Vonperbandt is currently incarcerated at Sheridan Correctional Center in northern Illinois, where he is serving a seven-year sentence for aggravated robbery. All inmates at Sheridan are required to attend substance abuse treatment, which is provided by Nevada-based nonprofit contractor WestCare Foundation.

Vonperbandt, who is atheist, alleges that the treatment program administered by WestCare requires inmates to stand during a daily “serenity prayer” to God. In January, Vonperbandt began staying seated during the prayers. His complaint against Westcare and the Illinois Department of Corrections claims that Vonperbandt didn’t say anything or cause a disruption, but the Westcare counselors warned that he would be punished if he didn’t stand.

A spokeswoman for WestCare told Illinois Times that WestCare could not comment because of the pending litigation. Attorneys for WestCare have not filed a response to the lawsuit.

According to the complaint, Vonperbandt attempted to work with the counselors to resolve his concerns, offering to sit silently in the back of the group to minimize disruption. That offer was refused, the complaint claims, and Vonperbandt was ultimately ejected from the program and issued a disciplinary citation. He was confined to his cell, according to the complaint, and prohibited from using common areas like the exercise yard, gym and phones for 90 days – which Vonperbandt equates with being in solitary confinement.

Vonperbandt claims his punishment violates the First Amendment, which bans Congress – and the states, by extension – from passing laws “respecting an establishment of religion, or prohibiting the free exercise thereof.” He claims IDOC and WestCare retaliated against him for exercising his constitutional right, and that the defendants’ actions violate a federal law guaranteeing prisoners the right to worship as they please.

David Shapiro, an attorney with the MacArthur Justice Center at Northwestern University Pritzker School of Law, is one of two attorneys representing Vonperbandt in the case. Shapiro says prisoners may not be free, but they still have rights.

“Prisons are not a means of proselytizing people,” Shapiro said. “Regardless of one’s faith, I think anyone can appreciate that. Even if you’re incarcerated, if you are a Jew, you’re not going to want to be thrown in solitary confinement because you don’t want to worship as a Christian. If you’re a Christian, you don’t want to worship as a Buddhist. If you’re atheist, you don’t want to worship as a Christian.”

After the lawsuit was filed, IDOC removed the restrictions on Vonperbandt and allowed him to resume the substance abuse treatment program. IDOC told the court that Nikki Robinson, the warden at Sheridan Correctional Center, had already ordered that to happen in early February.

Shapiro says Vonperbandt is still pursuing the case, despite IDOC reversing his punishment.

“It’s great that IDOC has come around and is working to fix the problem,” he said, “but it’s also a fact that he was kicked out of the program for a period of time and had these restrictions, so he deserves compensation.”

Contact Patrick Yeagle at [email protected].