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Fifth Circuit: Texas Prison Property Rules Withstand Scrutiny Under Religious Free-Exercise Clause
by David Reutter
On October 4, 2022, the U.S. Court of Appeals for the Fifth Circuit considered the question: When is cleanliness not next to godliness? In answer, the Court said that the Texas prison system’s rules for storage of a prisoner’s personal property may not be broken, even if ...
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More from this issue:
- With “Fox in Charge of the Henhouse,” Almost All Misconduct Accusations Against BOP Staff Result in No Discipline, by Benjamin Tschirhart
- Tenth Circuit Affirms Denial of Qualified Immunity to Utah Jailers After Detainee’s Withdrawal Death, by David Reutter
- From the Editor, by Paul Wright
- Riot and Escape at Nevada Prison Lead to Charges Against Four Guards, Firings or Resignations of Top Officials, by David Reutter
- In an Ominous Pattern, People Are Dying Once Transferred to Louisiana Prison, by Victoria Law
- Alabama County Ends Controversial Policy Using Women’s Pregnancies to Jail Them, by Ashleigh Dye
- California Governor Vetoes State’s Humane Solitary Confinement Bill, by Kevin Bliss
- Former California Prison Warden and Guard Accused of Sexual Misconduct with Two Dozen Prisoners and Coworkers, by Jo Ellen Nott
- Fifth Circuit: Texas Prison Property Rules Withstand Scrutiny Under Religious Free-Exercise Clause, by David Reutter
- Seventh Circuit Revives Indiana Prisoner’s Claim He Was Wrongfully Fired From Prison Commissary for Attending Religious Service, by David Reutter
- “Acres of Skin” – Redux, by Gregory J. Dober
- Illinois Supreme Court Orders State DOC to Fund Required Treatment and Housing for Sex Offender’s Conditional Release, by David Reutter
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit Over Flesh-Eating Infection, by David Reutter
- SCOTUS Helps Revive Malicious Prosecution Claim Against Chicago Police Officers, by David Reutter, Kevin Bliss
- $1.455 Million Settlement for Discrimination Against Black Minnesota Jail Guards Barred from Watching Floyd Killer, by David Reutter
- Eighth Circuit Affirms Conviction and Sentencing of Former Arkansas Sheriff for Assaulting Detainees, by Harold Hempstead
- Pennsylvania County Commissioner Barred from DA’s Email After Own Prison Record Is Purged and Jail Key Copied, by Kevin Bliss
- Pennsylvania Guards and Their Attorneys Spanked for Discovery Abuse in Prisoner’s Excessive-Force Suit, by David Reutter
- Fifth Circuit Greenlights Suit by Louisiana Prisoners Held in Local Jails Beyond Release Date, by Matthew Clarke
- Seventh Circuit Says Fourth Amendment Does Not Require Bail Hearing Within 48 Hours of Arrest, by Benjamin Tschirhart
- Fifth Circuit: No Liability for Texas County that Improperly Relied on Polygraph to Imprison Released Sex Offender Additional 13 Years, by Benjamin Tschirhart
- More Drugs Seized by Florida DOC During COVID-19 Lockdowns Than Before, by David Reutter
- Federal Court Holds Illinois DOC in Contempt for Failing to Remediate Substandard Healthcare, by Douglas Ankney
- Second Circuit Reinstates N.Y. Prisoner’s Excessive Force Claim, Finding Grievance Procedure ‘Unavailable’ in Mental Health Unit, by David Reutter
- $175,000 Paid by California County to Escaped Prisoner Mauled By K-9 During Recapture, by Keith Sanders
- After 13 Jail Deaths in Eight Months of 2022, California Sheriff Finally Reveals How They Happened, by Benjamin Tschirhart
- $87,000 Paid to Virginia Prisoner Kicked in Testicles by Guard, by Benjamin Tschirhart
- Tenth Circuit Revives Kansas Prisoner’s Claim That He Was Denied Access to Court, by Anthony Accurso
- Alabama Supreme Court Says Prisoner Who Didn’t Return From Work Release Punishable Under Felony Escape Statute, by David Reutter
- Third Former Guard at Troubled Federal Prison in Brooklyn Sentenced After Retrial and Conviction for Raping Prisoner, by Chuck Sharman
- Ex-Felon “Dirtbags” Accused of Ordering Hit on Detainee at Florida Jail, But Questions Linger, by Jo Ellen Nott
- Hospitalized California IST Defendants Entitled to Jail Conduct Credits, by Mark Wilson
- Seventh Circuit Sides With Muslim Prisoner, Bars Strip Search by Transgender Wisconsin Guard, by David Reutter
- Florida DA Reopens Cold Murder Case, Exonerates Wrongly Imprisoned Man, Finds Real Killers – and Gets Axed by Governor, by David Reutter
- Judge Dismisses Suit Filed by California Town to Keep State Prison Open, by Keith Sanders
- 18 Stabbings in Less Than Nine Months at Oklahoma CoreCivic Prison, by Keith Sanders
- $14,000 Paid by California to Mentally Ill Prisoner Who Alleged Repeated Maulings by Guards, by Douglas Ankney
- Hypothermia Kills Prisoner in Cold Pennsylvania Jail Cell, One of 17 Deaths Since 2019, by Jo Ellen Nott
- North Dakota Guard Fired After Suicide of Convicted Quadruple Murderer, by Justin McFatridge
- Smuggling Ring Busted in Georgia Jail, 11 Arrested Including Four Guards and Former Nurse, by Jo Ellen Nott
- After Botched Lethal Injection, Alabama Will Execute Prisoner by Nitrogen Hypoxia, by David Reutter
- Massachusetts High Court: Lawmakers Haven’t Stopped Sheriffs From Taking Kickbacks from Jail Phone Calls, and Neither Will We, by Benjamin Tschirhart
- Elderly Prisoners Catch a Break on Medicare Part B, by Eike Blohm, MD
- Another Prisoner Dies in Another Fire at Indiana Prison, by Jo Ellen Nott
- Second Hunger Strike Met With Pepper Spray at Washington GEO Group Lockup Where ICE Detainees Allege Widespread Sexual Abuse, by Keith Sanders
- $350,000 Settlement Reached in Florida Prisoner’s Murder, by David Reutter
- Alabama Prisoner’s Deliberate Indifference Claim Dies for Lack of Proper Affidavits, by David Reutter
- Colorado’s Halfway Houses Returning Half of Residents to Prison, by Keith Sanders
- Transgender Idaho Prisoner Who Won Gender Conforming Surgery Awarded Over $2.6 Million in Legal Fees, by Eike Blohm, MD
- Parents Losing Children Because They Can’t Repay Foster Care Costs Incurred During Incarceration, by Jo Ellen Nott
- CoreCivic Still Accruing Fines for Short-Staffing Florida Jail Where Developmentally Disabled Teen Was Raped, by Ashleigh Dye
- Second Circuit Affirms Qualified Immunity for Connecticut Cops who Sicced K-9 on Suspect in His Holding Cell, by Casey Bastian
- $857,500 Paid by California County for Jail Detainee’s Death, While Cellmate Who Beat Him Is Now in State Prison, by David Reutter
- Over $298,000 Awarded to Alabama Jail Detainee with Heart Disease After Guards, Nurses Ignored Firing Defibrillator, by David Reutter
- Nebraska Assistant Warden Avoids Prosecution for Sexually Abusing Prisoner, Pleads Guilty to Lesser Charge and Gets a Year in Jail, by Benjamin Tschirhart
- After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia, by David Reutter
- Former PLN Editor Settles Suit Over Detention in Tennessee ‘Iron Man’ Cell, Gets 40-Year Prison Term for Vandalizing Nashville Jail, by Benjamin Tschirhart
- GTL Ordered to Pay $18.675 Million in Attorney Fees and Costs in Prison Phone Class Action, by Anthony Accurso
- News in Brief
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 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 Suit by Nation of Gods and Earth Prisoner Demanding Religious Recognition by Texas Prison Officials, May 1, 2023. Religious Freedom, Denial of Religious Services.
- Second Circuit: No Qualified Immunity for Wardens Accused of Violating Religious Freedom of Muslim Prisoners in Connecticut, Jan. 1, 2023. Religious Discrimination, Religious Freedom, Immunity - Absolute and Qualified, Religious Freedom/Worship, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- “One of the Most Egregious Violations of Church-State Separation” Prisons Welcome Fundamentalist Christian Education Programs Despite Conflicts with the Constitution, July 15, 2022. Religious Freedom, Religious Practices.
- Ninth Circuit Reverses Lower Court’s Dismissal of California Prisoner’s Religious Freedom Lawsuit, Feb. 1, 2021. Religious Freedom, Tolling of Statutes of Limitations and Laches, Prison Litigation Reform Act (PLRA).
- Prisoner Wins Preliminary Injunction Against PADOC Policy Banning Islamic Fezzes, Feb. 4, 2020. Religious Discrimination, Religious Freedom, Religious Property.
- Georgia Prison System Ordered to Amend Policy to Allow Three-Inch Beards, Dec. 10, 2019. Religious Discrimination, Religious Freedom, Religious Grooming.
- Eighth Circuit Reverses District Court’s Order Requiring Halal Meals, Dec. 10, 2019. Religious Freedom, Religious Diet.
- Prison’s Refusal to Allow Wiccan Services Must be Reviewed for Compelling Governmental Interest, Nov. 5, 2019. Religious Freedom, Denial of Religious Services.
- Fifth Circuit Terminates Consent Decree for Muslim Services in Texas Prisons, Nov. 5, 2019. Consent Decrees, Religious Freedom, Denial of Religious Services.