DENVER (AP) – A federal judge in Denver is refusing to return a terror suspect to the Denver jail after he claimed he was relocated as religious retaliation.

U.S. District Judge John Kane on Tuesday denied a motion filed by Jamshid Muhtorov, saying jail officials are entitled to transfer inmates unless there is a civil rights violation.

Muhtorov says he was moved from the Denver jail to one in Jefferson County after he asked that female officers not conduct his pat downs during the holy month of Ramadan.

Muhtorov was arrested in January 2012 and is charged with providing support to a terrorist organization in Uzbekistan.

He has challenged the constitutionality of the National Security Agency’s warrantless surveillance program, saying that spying by the federal government has gone too far.

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