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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.
Anthony Washington, incarcerated at ...
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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:
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024
- Turn Key Health Clinics: Another Private Jail Medical Provider Leaving a Trail of Death and Misery, Sept. 15, 2024
- Competency Evaluation Ordered for Condemned Utah Prisoner, Sept. 15, 2024
- Missouri Prisoner’s Excessive Force Claim Proceeds Against Guards After Court Excuses Missed Deadlines Under “Unavailable” Grievance Procedure, Sept. 15, 2024
- $1.1 Million Settlement for Colorado Prisoner Stabbed by Gang Members For Testifying About Prison Murder, Sept. 15, 2024
- Second Circuit: New York Prisoner’s Prior Cases Not PLRA Strikes, Sept. 15, 2024
- $700,000 Settlement in BOP Prisoner’s Death After Court Refuses to Extend Bivens, Sept. 15, 2024
- Watchdog Faults BOP for Averaging 43 Prisoner Deaths a Year—More Than 23 by Suicide, Sept. 15, 2024
- Mom of Murdered California Prisoner Defeats Motion to Dismiss Lawsuit by Guard Who Posted Pics of Corpse Online, Sept. 15, 2024
- Tenth Circuit Affirms Former Oklahoma Jail Captain’s 46-Month Sentence For Brutalizing Detainees, Sept. 15, 2024
More from these topics:
- Unintended Consequence of Texas Prisoner Tablets: Retaliation from Fellow Prisoners, Aug. 15, 2024. Retaliation, Informants, Electronic Tablets, Securus.
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, Aug. 1, 2024. Retaliation, Probable/Proximate Cause, Arrest/Arraignment, Court of Claims.
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, July 1, 2024. Religious Discrimination, Retaliation for Filing Grievances, RLUIPA.
- Fourth Circuit Moves North Carolina Prisons Closer to Recognizing Nation of Gods and Earths, May 1, 2024. Religious Discrimination, RLUIPA, Religion Defined, Religious Freedom/Worship, Religious Land Use and Institutionalized Persons Act (RLUIPA), Free Exercise Clause.
- Wyoming Supreme Court Grants Immunity to DOC in Prison COVID-19 Vaccine Mix-Up, May 1, 2024. Medication, COVID-19, Immunity/Liability.
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, March 1, 2024. Administrative Exhaustion (PLRA), Injunctions, RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA), Right to Grow a Beard.
- See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare, Jan. 1, 2024. MHM Inc., Corizon, Centurion, Misconduct/Corruption, Contractor Misconduct, Government Misconduct, Retaliation, Systemic Medical Neglect, Cancer, Private Contractors, Frivolous Litigation, Disclosure of Records, Declaratory Judgment, Public Records, Medical Neglect/Malpractice, PLN Litigation, Censorship, Articles About PLN, Public Records Act, Freedom of Information Act (FOIA), HRDC Litigation.
- Former New Mexico Guard Convicted of Sexually Assaulting Prisoner, Suit Filed, Jan. 1, 2024. Staff-Prisoner Assault, Retaliation, Whistleblowing.
- Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, Jan. 1, 2024. Administrative Exhaustion (PLRA), Administrative Exhaustion, RLUIPA, Administrative Procedures Act (State), Right to Grow a Beard.
- New Jersey Prisoner’s Suit Survives Seeking to Validate the Nation of Gods and Earth as a Religion, Dec. 1, 2023. RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA).