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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
- Three BOP Prisoners Sentenced for Murder of “Whitey” Bulger at West Virginia Lockup
- Missouri Prisoner Executed After Making—and Losing—New Plea Deal
- 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
- Three Former Rikers Island Guards Among Five Ex-Employees Charged in Massive Smuggling Scheme
- DOJ Opens Investigation Into Sex Abuse at Two California Women’s Prisons
- Advanced Correctional Healthcare Ends Two Suits Over Deaths at Ohio Jail
- Crucial Surveillance Video Missing in Nevada Prisoner’s Homicide Caused by Guards
- 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
- South Carolina Prison Guard Supervisor Charged With Taking Over $219,000 in Bribes to Smuggle Cellphones
- North Carolina Expands Supervision for Mentally Ill Probationers, by Anthony Accurso
- Alaska Supreme Court: DOC Can’t Unilaterally Redefine ‘Parole Release Date’, by Douglas Ankney
- New TV Show Dramatizes Prisoner’s Re-entry
- 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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- Colorado Prisoner Forces Correctional Health Partners to Treat His Colon Disease, 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:
- 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
- New Jersey Lawmakers Pass “Female Incarcerated Person’s Rights Protection Act”, July 1, 2026
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026
- Fourth Circuit Revives Detainee’s Suit Alleging Monell and 14th Amendment Deliberate Indifference Claims, June 1, 2026
- FTC Substantiates Allegations Against ViaPath Related to Data Breach and Orders Remedial Action, June 1, 2026
- Study Shows That Suicide Intervention During and After Incarceration Reduces Suicide Attempts by 55%, June 1, 2026
- Ohio Supreme Court Rules that Sheriff Did Not Violate Open Records Act and Declines to Award Damages to Prisoner, June 1, 2026
- Fifth Circuit Announces Enhanced Supervised Release Provision Under 18 U.S.C. § 3583(k) Does Not Apply to Assimilative Crimes Act Offenses, Limiting Statutory Maximum to Five Years Under § 3583(b), June 1, 2026
- California Court of Appeal: Vehicle Impoundment Solely to Prevent Further Unlicensed Driving Does Not Satisfy Fourth Amendment’s Community Caretaking Exception; Statutory Authorization Alone Insufficient to Establish Constitutional Reasonableness, June 1, 2026
More from these topics:
- 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.
- Ninth Circuit Greenlights Muslim Hawaii Prisoner’s Challenge to Early-Served Ramadan Meals, Jan. 15, 2025. Religious Discrimination, Religious Diet.