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Native American Prisoners Have Right to Tobacco in Religious Ceremonies
Loaded on Feb. 4, 2015
by David Reutter
published in Prison Legal News
February, 2015, page 42
Filed under:
RLUIPA,
Denial of Religious Services,
Religious Practices,
Religious Property.
Location:
South Dakota.
Native American Prisoners Have Right to Tobacco in Religious Ceremonies
by David Reutter
The Eighth Circuit Court of Appeals has affirmed a South Dakota federal district court’s order holding that Native American prisoners have a right under the Religious Land Use and Institutionalized Persons Act (RLUIPA) to use tobacco during ...
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More from this issue:
- News in Brief
- Ninth Circuit: Abstention Inapplicable in First Amendment Cases, by Mark Wilson
- Tennessee Jail Breached Duty to Provide Medical Care; Damages Trial Ordered, by David Reutter
- Change in Florida Jail Policy Leads to Increased Homelessness, by David Reutter
- Prison Legal News Interviews Musician Wayne Kramer, by Paul Wright
- Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim, by Mark Wilson
- Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings, by David Reutter
- GEO Group Rescinds $6 Million Donation to Name Stadium at Florida University, by David Reutter
- Private Prison Companies Reject Resolutions to Fund Rehabilitative, Reentry Programs
- Fifth Circuit Reverses Dismissal of Prisoner’s Suit Claiming Lack of Medical Care, by Matthew Clarke
- Prison Violence in Brazil Connected to Abuse, Gangs, Overcrowding
- Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims, by Mark Wilson
- Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases, by David Reutter
- Georgia’s Execution Drug Secrecy Law Found Constitutional, by David Reutter
- Native American Prisoners Have Right to Tobacco in Religious Ceremonies, by David Reutter
- Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion, by Mark Wilson
- For Shame! Public Shaming Sentences on the Rise, by David Reutter
- Book Review: Burning Down the House, by Nell Bernstein (The New Press, June 2014). 384 pages, $26.95, by Hannah K. Gold
- Second Circuit: Brady Claim Not Barred by Heck, by Mark Wilson
- Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense
- Eighth Circuit: Jail Guards Denied Summary Judgment for Use of Force against Detainees, by David Reutter
- Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment, by Mark Wilson
- United States, Britain Offer Training to “Improve” Prison Conditions in Afghanistan
- California: Local Ordinances Banning Sex Offenders from Parks Invalidated, by Mark Wilson
- Montana: Extradition Costs Not Recoverable as Restitution, by Mark Wilson
- Life Sentences Spike in Recent Years – Especially in Utah
- Court Finds PLN’s Rights Violated by Arizona Jail; Case Settles for $15,293
- Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees, by Mark Wilson
- Eighth Circuit: No Qualified Immunity for Jail Prisoner Raped in Unlocked Cell; $60,000 Verdict at Trial, by Mark Wilson
- Wisconsin Prison Guard Union Faces Challenges, by Derek Gilna
- Five Deaths in Eleven Months at California Jail Spark Grand Jury Probe
- Washington DOSA Revocation Requires Credit for Community Custody Time, by Mark Wilson
- Texas: $100 Medical Copay for Prisoners Generates Less Revenue than Expected, by Matthew Clarke
- Dialing with Dollars: How County Jails Profit From Immigrant Detainees, by Leticia Miranda
- From the Editor, by Paul Wright
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Muslim Prisoners Face Price-Gouging, May 1, 2025. Religious Discrimination, Seizure of Prisoner Funds, Religious Practices, Religious Property.
- Fourth Circuit Revives West Virginia Prisoner’s RLUIPA Claim Over Religious Diet with Soy He Can’t Digest, Jan. 15, 2025. State Law Claims, RLUIPA, Religious Diet.
- Lawsuits by Michigan Prisoner Yield $57,750 in Settlements, Plus Policy Changes, Jan. 15, 2025. Settlements, Denial of Religious Services, Religious Practices.
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025. State Law Claims, Religious Freedom, Denial of Religious Services, Religious Freedom/Worship.
- Fifth Circuit Revives Texas Prisoner’s Suit Alleging Interference With His Muslim Religious Practice, Nov. 15, 2024. Religious Discrimination, Denial of Religious Services.
- 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.
- 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.
- 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).