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RFRA Analyzed and Applied in 10th Circuit
Loaded on Dec. 15, 1995
published in Prison Legal News
December, 1995, page 5
The court of appeals for the tenth circuit has issued its first ruling analyzing the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1, holding that it may well require prison officials to provide Native American prisoners with sweat lodge facilities. Robert Werner, a Utah state prisoner, filed suit under …
Filed under:
Religious Freedom Restoration Act,
Qualified Immunity,
Religious Freedom,
Religious Practices,
Religious Property,
Clergy.
Location:
Utah.
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More from this issue:
- 10th Circuit Vacates Utah Court Access Order
- Denial of Toilet Unconstitutional
- From the Editor, by Dan Pens
- Opening Legal Mail Violates Access to Courts
- Detainee States Claim for Retaliation and Med Needs
- WI Court Upholds DOC Classification Policy
- Sending State Responsible for Legal Materials
- RFRA Analyzed and Applied in 10th Circuit
- Missouri Ad Seg Damages Award Upheld
- Reversal of Disciplinary Hearing Doesn't Moot Suit
- CA Guard Plants Ammo
- Open Prison Barracks Unsafe
- Iowa Crime Legislation, by Michael Brant
- Job Discrimination States Claim
- Withholding of Legal Papers Illegal
- Guard and Prisoner Get Damages in Beating Trial
- Washington Translation Suit Settled, by Paul Wright
- Detainees May Be Disciplined
- Ohio Prison Doctor Imprisoned
- Ohio Mental Health Decree Entered
- Jail Detainee Entitled to Law Library Access
- South Korean Political Prisoners Protest
- Sexual Harassment Violates Eighth Amendment
- PA Prison Investigated for Corruption; Biggest Shake Down Ever
- TRO Granted in Alaska Sex Offender Registration
- No Change in Michigan Consent Decrees
- Denying Witnesses in Disciplinary Hearings Illegal
- Florida Repeal of Earned Time Law Upheld
- Charging for Medication May Violate Eighth Amendment
- Random Urinalysis Okay
- NJ Prisoners Have Liberty Interest in Staying in Population
- RFRA TRO Granted
- Jury Demand Must Be Timely
- Court Access May Require Counsel
- Contract Physicians Entitled to Qualified Immunity
- Texas Detainee Wins Damages for Ad Seg Placement
- HIV/AIDS in Prison and Jail
- Prisoners Entitled to Rely on Marshalls for Service
- News in Brief
More from these topics:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Colorado Pays $245,000 to Muslim Former Prisoner Shaved by Same Guard Who Cost DOC Earlier Settlement with Jewish Prisoner Denied Kosher Meals, Aug. 1, 2026. Religious Discrimination, Overdetention, Religious Diet, Religious Practices, Immunity - Absolute and Qualified.
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026. Sovereign Immunity, Religious Practices, Religious Property, First Amendment, rights, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.

