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Second Circuit: RLUIPA Disallows Individual Capacity Suits
Loaded on June 5, 2014
by David Reutter
published in Prison Legal News
June, 2014, page 36
Filed under:
Retaliation,
RLUIPA,
Immunity/Liability,
First Amendment,
Religious Practices.
Location:
New York.
Second Circuit: RLUIPA Disallows Individual Capacity Suits
by David M. Reutter
The Second Circuit Court of Appeals held in September 2013 that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not create a private right of action against state officials in their individual capacities.
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More from this issue:
- Consequences of California’s Realignment Initiative, by Christopher Petrella
- Mandamus Petition May Constitute Prison Conditions Litigation in Pennsylvania, by David Reutter
- Seventh Circuit: Jail Social Worker Ignored Detainee’s Suicide Risk
- Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program, by David Reutter
- For Sale: New York Lakefront Property with Garage, Pig Farm and 736 Prison Cells
- Ohio Community Corrections Program Hires Former Prisoners to Work at Supermax
- Prison Officials Praise Industry Programs Despite Downsides, by David Reutter
- Florida Guards Sentenced in Bribery Scheme
- D.C. Circuit Reinstates Prisoner’s FOIA Suit, by Derek Gilna
- Cook County Detainee’s Suit Alleging Deliberate Indifference to Safety Survives Summary Judgment, by David Reutter
- CCA Guard Killed During Riot was on Prisoners’ “Hit List”, by Matthew Clarke
- Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction, by David Reutter
- Bureau of Prisons Mistakenly Served Meat Intended as Pet Food, by Derek Gilna
- European Court of Human Rights Ruling Rebukes U.S. Prison System, by Derek Gilna
- DOJ Intervenes in Class-action Suit Challenging New Orleans Jail Conditions; Consent Judgment Entered, by David Reutter
- 5.85 Million People Disenfranchised in Supposedly Democratic America, by David Reutter
- Arkansas Jail Prisoner Can Proceed on Failure to Protect Claim Against Guard, by David Reutter
- Washington Appellate Court Addresses Right to Public Hearings in Civil Cases, by Mark Wilson
- California: Lack of Insight Cannot be Inferred when Prisoner Accepts Responsibility for Crime and Expresses Genuine Remorse, by Michael Brodheim
- Second Circuit: RLUIPA Disallows Individual Capacity Suits, by David Reutter
- Ninth Circuit: Heck Allows § 1983 Parole Condition Challenges, by Mark Wilson
- Oregon Garnishment Exemption Protects Funds in Prisoners’ Accounts, by Mark Wilson
- California’s Lethal Injection Protocol Deemed Invalid by State Court, by Michael Brodheim
- Utah Prisoner Awarded $200 for Violation of Religious Rights
- Seventh Circuit: Atheism Considered a Religion; Survey of Prisoner Interest Required, by Mark Wilson
- Scared Straight Programs Remain Popular Among Parents Despite Warnings, by Elly Yu
- U.S. Citizens without Remedy in Military Torture Case, by Derek Gilna
- Ex-football Star Exonerated a Decade after Rape Conviction
- Despite Reforms, Juvenile Offenders in Texas Remain Endangered, by Matthew Clarke
- Jails Face Backlash, Class-action Lawsuits Over Debit Card Fees, by Matthew Clarke
- Lawsuits Challenge Conditions at Tennessee Jail; Five Charged in Bribery and Smuggling Scheme
- Are We Really Witnessing the End of Mass Incarceration?, by James Kilgore
- Florida Prisoner Awarded $1.2 Million for Burn Injuries
- From the Editor, by Paul Wright
- Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Indiana DOC Found in Violation of State Public Records Act for Withholding Execution Drug Cost Information, May 1, 2026. Summary Judgment, First Amendment, Public Records Act, Interlocutory Appeals, Lethal Injection Method of Execution.
- ICE Jails Denied Muslim Detainees’ Right to Celebrate Ramadan, April 1, 2026. Religious Diet, Religious Practices, Religious Property, Immigration Detention, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- $667,000 Awarded to Muslim Missouri Prisoners Pepper-Sprayed for Praying, April 1, 2026. Religious Discrimination, Pepper Spray/Tear Gas, Religious Practices, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- First Circuit Revives Federal Prisoner’s Claim Against Rhode Island Lockup, April 1, 2026. Denial of Religious Services, Religious Practices, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Sovereign/Municipal, Authority and Jurisdiction.
- HRDC Sues Minnesota DOC Over Censorship Policy, Feb. 1, 2026. Publications/Books, Due Process, Censorship, First Amendment, HRDC Litigation.
- County Jail in Oklahoma Accused of Coercing Detainees to Convert to Christianity, Feb. 1, 2026. Jail Misconduct, Religious Practices, First Amendment, rights, Religious Freedom/Worship.
- Class Certified in Challenge to Mailed Book Ban at Indianapolis Jail, Jan. 1, 2026. Class Certification, Publications/Books, Religious Practices, Protected Speech.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- SCOTUS Hears Oral Arguments on Rastafarian Hair-Cutting Case, Jan. 1, 2026. RLUIPA, Religious Practices, Damages - Compensatory, Wrongful Use of Force, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- HRDC Sues New Mexico County for Violating 10-Year-Old Settlement of Censorship Suit, Jan. 1, 2026. Settlements, Publications/Books, Due Process, Censorship, First Amendment.

