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AA Probation Requirement Continues to Violate Establishment Clause
Loaded on Aug. 15, 1999
published in Prison Legal News
August, 1999, page 22
In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert Warner, an atheist, was required to attend AA meetings …
Filed under:
Civil Procedure,
Defenses,
Probation,
Qualified Immunity,
Municipal Liability,
Drug Treatment/Rehab,
Required Religious Programming.
Location:
New York.
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More from this issue:
- "Victims' Rights" as a Stalkinghorse for State Repression, by Paul Wright
- No Equal Justice: Race and Class in the American Criminal Justice System, by David Cole (Review), by Alex Friedmann
- From the Editor, by Paul Wright
- PLN Sues Alabama DOC Over Gift Subscription Ban
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Prison-Industrial Complex Conferences Are Spreading the Word, by Hans Sherrer
- Kentucky Jail Settles Strip Search Suit for $11.5 Million
- Washington 35% Law Struck Down by State Court
- Washington Legislature Amends 35% Law, Again, by Paul Wright
- Washington DOC Illegally Penalizes Indigents
- Class Action Suits Challenge Rip-Off Prison and Jail Phone Rates
- FCC Requires Rate Disclosure for Prison Phones
- Kentucky Utilities Commission Reduces Prison and Jail Phone Rates
- Warden Used "Force" in Sexual Assault
- Private Prison Operators Enter Medical Care Market, by Alex Friedmann
- Jury Awards Beaten Texas Prisoner $250,000
- Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure
- CCA Settles Youngstown Suit for $2.48 Million
- Attorney Fees Must Be Expressly Reserved
- PLN Sues Utah Jail over "Bulk Mail" Ban
- First Amendment Guarantees Kosher Meals
- Frivolous Qualified Immunity Appeals Warrant Sanctions
- Individual Capacity Claims Not Applicable to RA and ADA
- Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters
- No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners
- No Liberty Interest in Illinois Parole Laws
- BOP Erred in Denying Early Release Eligibility
- Denial of Pain Medication Violates Eighth Amendment
- Motive Question Precludes Summary Judgment in Medical Suit
- Tarrant County Jail's Christian Education Unit May Violate Texas and Federal Establishment Clauses
- Iowa Ban on Tapes with Parental Warning Upheld, by Paul Wright
- AA Probation Requirement Continues to Violate Establishment Clause
- Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit
- California Guard Union Doles Out Millions to Politicians
- PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits
- Costs Imposed Regardless of Ability to Pay
- PLRA Attorney Fee Cap Applies in $65,000 Beating Case
- Heck Doesn't Apply After Release from Prison
- No Administrative Exhaustion Requirement for Ex-Prisoners
- PLRA Doesn't Require Notice of Claim for Exhaustion
- Contaminated Water Claim Not Barred by PLRA Physical Injury Rule
- BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee
- Seventh Circuit Clarifies Good Faith Appeal Standard, Again
- News in Brief
- Alabama Jail Injuction Dissolved
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- 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.
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- 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.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.

