A disabled United States Navy veteran has filed a lawsuit against the Northport VA Medical Center, claiming that his First Amendment rights were violated because he was denied access to religious articles and clergy essential to his Catholic faith.
According to plaintiff Jesse Cole Rivera, the violations occurred during his voluntary admission to the psychiatric unit at Northport VA Medical Center from June 16 to June 18, 2025. Upon admission, he requested to bring a soft-covered Bible and rosary, but staff denied the request, citing patient safety concerns without providing specific risk assessments or explanations.
Rivera referenced VHA Directive 1111, which affirms veterans' rights to religious items and pastoral care. While a staff member, RN Rainer Barro, initially advocated on his behalf, and Nurse on Duty Pete Fazio allowed access to his Bible, another staff member later reversed the decision. A nurse identified as Michael cited patient safety again and declined to permit access to the rosary, according to the complaint.
The complaint states that Rivera also requested access to a Catholic priest for sacraments such as Confession and Communion, but was instead offered a Protestant Bible and the services of Protestant chaplain Cathy Blackburn. The complaint alleges that the staff showed hostility toward his religious requests, which contributed to additional emotional distress during his stay.
Rivera brings the lawsuit under Bivens v. Six Unknown Named Agents (1971), seeking redress for alleged violations of his constitutional rights by federal officials. He contends that no compelling government interest justified the restrictions and that less restrictive means could have addressed safety concerns.
The plaintiff seeks $750,000 in compensatory and punitive damages for emotional distress and suffering. He also requests an injunction requiring Northport VA Medical Center to implement procedures ensuring constitutional compliance with religious accommodation standards.
The plaintiff is representing himself in this manner. The case was filed in the United States District Court for the Eastern District of New York under Case ID CV 25-3645.