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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 …
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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:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- 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
More from these topics:
- 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).
- SCOTUS Refuses to Allow Damages Under RLUIPA for Rastafarian Former Prisoner Shaved Bald by Louisiana Prison Officials, July 1, 2026. Religious Discrimination, Religious Practices, Damages - Compensatory, Adequacy of Remedy, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- Nebraska Lifts Suspension of Native American Religious Practices Hours Prior to Federal Court Hearing, June 1, 2026. Denial of Religious Services, Religious Practices, First Amendment, rights, Religious Freedom/Worship, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- 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.
- Fourth Circuit Revives Deliberate Indifference Claim for Baltimore Detainee Served Rotten Food, March 1, 2026. Food, Denial of Religious Services, Immunity - Absolute and Qualified, Deliberate Indifference.
- 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.