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Second Circuit: New York Prisoner’s Religious Discrimination Need Not Show a “Substantial” Burden of Beliefs
Loaded on Oct. 15, 2024
by Douglas Ankney
published in Prison Legal News
October, 2024, page 17
Filed under:
Religious Discrimination.
Location:
New York.
The U.S. Court of Appeals for the Second Circuit waded into a contentious debate over religious rights on November 27, 2023, holding that prisoners claiming a violation of those rights under 42 U.S.C. § 1983 need to show only that their beliefs were burdened. The Court joined the Third, …
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More from this issue:
- FCC Slashes Prison and Jail Phone Rates, Caps Video Call Cost, Eliminates “Site Commission” Kickbacks
- From the Editor
- Missouri Prisoner Executed After Making—and Losing—New Plea Deal
- Three BOP Prisoners Sentenced for Murder of “Whitey” Bulger at West Virginia Lockup
- At Oklahoma Lockup: Deputy Warden Fired and Arrested in Smuggling Scheme, Guards Charged in Prisoner’s Assault
- Alabama Prisoner Disciplined for Lying When Guard Cleared of Sexual Assault Allegation
- DOJ Opens Investigation Into Sex Abuse at Two California Women’s Prisons
- Three Former Rikers Island Guards Among Five Ex-Employees Charged in Massive Smuggling Scheme
- Crucial Surveillance Video Missing in Nevada Prisoner’s Homicide Caused by Guards
- Advanced Correctional Healthcare Ends Two Suits Over Deaths at Ohio Jail
- Texas Holds 1 in 41 Prisoners in Solitary Confinement
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated
- Second Circuit: New York Prisoner’s Religious Discrimination Need Not Show a “Substantial” Burden of Beliefs, by Douglas Ankney
- Missouri Prisoners Losing Reentry Money to “Incarceration Reimbursement”
- Mistrial for Vermont Sheriff Who Kicked Shackled Detainee
- Georgia Guard Gets 15 Years for Using One Prisoner to Assault Another
- $1.8 Million Jury Award for San Diego Jail Overdose Death, by Matthew Clarke
- More Alabama Prisoners Murdered in Overcrowded Lockups
- Paternity Questions Dog Miami Jail Birth
- Federal Watchdog, SCOTUS Fail to Limit Solitary Confinement Abuses, by Douglas Ankney, Anthony Accurso
- America’s Prison Profiteers from Colonial Times Until Now, by Douglas Ankney
- Unequal Before the Law, by Stephanie Woodard
- North Carolina Expands Supervision for Mentally Ill Probationers, by Anthony Accurso
- South Carolina Prison Guard Supervisor Charged With Taking Over $219,000 in Bribes to Smuggle Cellphones
- New TV Show Dramatizes Prisoner’s Re-entry
- Alaska Supreme Court: DOC Can’t Unilaterally Redefine ‘Parole Release Date’, by Douglas Ankney
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute
- Mentally Ill Detainee Allegedly “Stomped” In the Head By South Carolina Jailer, by Anthony Accurso
- Watchdog Calls for Hawaii Prisons, Jails to Stop Using Restraint Chairs
- Seventh Circuit Avoids Deciding Whether Wisconsin Statute of Limitations Tolls from Prisoner’s Incident or Grievances, by David Reutter
- Parole Denied for Indigenous Activist Leonard Peltier
- Florida Reentry “Success” Story: Convicted Embezzler Promoted to Oversee Miami-Dade County Contracts
- Ohio Pays $725,000 to Survivors of Two Prisoners Beaten to Death by Lying Guards
- Rural Washington County Shutters Its Jail
- Two Wrongful Tennessee Convictions Result in Payouts Over $1 Million
- Massachusetts Appeals Court Revives Prisoners’ Challenge to DOC Trust Account Policy Change, by Douglas Ankney
- Rural Areas Increasingly Reliant on Imprisoned Emergency Responders
- Houston Detainees Shipped to Private Jails in Mississippi and Louisiana, by Anthony Accurso
- California Bar Accuses L.A. Lawyer of Deceiving Prisoners Seeking Resentencing
- Alabama Warden and Wife Busted for Making “Magic” Mushrooms
- Illinois Pays $3 Million for Subjecting Prisoners to Degrading Mass Strip Search, by Anthony Accurso
- Transgender BOP Prisoner in Arizona Wins $10,243 for Guard’s Negligence
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- Impoverished Ohio County Gets New Jail Space After Settling Suit for Bloody Detainee Assault
- Indiana Sheriff Pleads Guilty to Corruption, County Pays $328,000 to Jail Detainees for “Night of Terror”, by Douglas Ankney
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- Ninth Circuit Provides Cover to Oregon Governor for Prioritizing Guards Over Prisoners for COVID-19 Vaccine, by Douglas Ankney
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- News in Brief
More from Douglas Ankney:
- New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026
- En Banc Eleventh Circuit Announces All Parents, Including Those Convicted of Child-Sex Offenses, Enjoy Fundamental Right to Live With Their Children, Holding Alabama Residency Prohibition Subject to Strict Scrutiny, Aug. 1, 2026
- Seventh Circuit Announces Courts May Examine Individual Officer’s Subjective Purpose When Assessing Whether Warrantless Administrative Inspection Was Pretextual, Holding Suppression Required Where Trooper’s Sole Motive for Stop Was Criminal Investigati, Aug. 1, 2026
- SCOTUS Holds § 922(g)(3) Prosecution Based Solely on Regular Marijuana Use, Without Individualized Proof of Dangerousness, Violates Second Amendment, Aug. 1, 2026
- Judge Grants Attorney’s Motion to Withdrawal from Corizon Health Case Due to Non-Payment, Aug. 1, 2026
- Abuse is No Excuse: Oklahoma’s Judges Deny Sentencing Relief to Prisoners Who Were Raped and Physically Assaulted, Aug. 1, 2026
- Audit of Louisiana DOC Finds Fault with Prisoner Release Calculation System, Aug. 1, 2026
- California Appeals Court Sustains Amendments to CDCR that Narrow Youth Parole Eligibility Rules, July 1, 2026
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026
- California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 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.
- 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).
- $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.
- $4,652 for Jewish Nevada Prisoner Denied Passover Meal, Jan. 1, 2026. Religious Discrimination, Food, Settlements, First Amendment, rights, Dismissal.
- Eighth Circuit Orders Preliminary Injunction Requiring Minnesota to Reinstate Program Teaching Biblical “Authentic Manhood”, Nov. 1, 2025. Religious Discrimination, Injunctions, Interlocutory Appeals, Protected Speech, Religious Freedom/Worship, Prison Regulations.
- $95,000 Paid to Nevada Prisoner Denied Muslim Prayer; Pending Cases Allege Continued Discrimination Against Non-Protestants, Aug. 1, 2025. Religious Discrimination, Denial of Religious Services, Religious Land Use and Institutionalized Persons Act (RLUIPA), Free Exercise Clause.
- Wiccan Nevada Prisoner Wins 18-Year Fight for Religious Items, July 15, 2025. Religious Discrimination, Denial of Religious Services, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- Ninth Circuit Reinstates Religious Exercise Claim from Arizona “Christian-Israelite” Prisoner Denied Passover Meal, June 1, 2025. Religious Discrimination, Religious Diet, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025. Religious Discrimination, Religious Diet, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- Muslim Prisoners Face Price-Gouging, April 1, 2025. Religious Discrimination, Seizure of Prisoner Funds, Religious Practices, Religious Property.

