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Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses by Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses The U.S. Seventh Circuit Court of Appeals, affirming the federal district court, Western District of Wisconsin, held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was constitutional …
Article • May 15, 2007
Native American Religious Restrictions Upheld by The Native American plaintiff complained of various religious restrictions. The defendants would not let the plaintiff "smudge" with herbs (i.e., burn them), but would allow him to use "nonaddictive tobacco" (what's that?) instead. The policy is a generally applicable regulation, not promulgated to punish …
Article • May 15, 2007
Restrictions on Voodoo Practices Upheld by The plaintiff alleged that the defendants' refusal to allow items needed for his religious practice including oils, powders, incense, candles, botanicals (roots, herbs, barks and berries), stones, Talisman, and charm bags violated the First Amendment. His complaint identified his religion as Egyptian Freemasonry, but …
BOP Can Perform Autopsy Over Executed Prisoner's Religious Objection by A federal statute prescribes that federal death sentences be implemented consistently with the law of the state where the sentence was imposed, even if the execution is to take place elsewhere. State procedures take precedence over inconsistent regulations promulgated by …
Article • May 15, 2007
Injunction Issued in Church Sleeping Space for Homeless by Violations of First Amendment rights are considered irreparable injury for purposes of a preliminary injunction. In Free Exercise Clause cases, courts are not permitted to inquire into the centrality of a professed belief to the adherent's religion or to question its …
Ohio Religious Grievance Process Doesn't Exhaust Claim by The plaintiff, who declared himself Jewish in prison, was denied various religious accommodations on the ground that he was "not Jewish enough." He used the general inmate grievance procedure, rather than the separate religious accommodation grievance procedure, and consequently did not exhaust. …
Article • May 15, 2007
Submission of Form Doesn't Violate Religious Beliefs by At 1136: "Plaintiff alleges that because she had sworn to God that she would not complete another Form 3971, defendant subjected her to religious discrimination when it required her to submit a properly completed Form 3971 after her absence on August 11, …
BOP Pays $7,000 in Pork Handling Suit by BOP Pays $7,000 In Pork Handling Suit The court of appeals for the Seventh circuit affirmed a district court's award of 17,000 in damages to a Muslim federal prisoner at Marion who was punished for refusing to handle pork due to his …
Article • May 15, 2007
Prisoner Can't be Forced to Work Beyond Physical Means, Handle Items Forbidden by Faith by The court of appeals for the Eighth circuit held that a district court erred when it dismissed as frivolous an Arkansas prisoner's lawsuit that he was forced to do field work beyond his physical capacity. …
Religious Headgear Ban Upheld by The court of appeals for the Eighth circuit upheld Missouri prison if rules banning Moorish Science Temple prisoners from wearing a fez and rules requiring a prison guard to attend all religious services held by prisoners. The court gives ample discussion to religious rights in …
Wicca Is a Religion by Wicca is a Religion The court of appeals for the Fourth circuit held that Wicca is a religion for First amendment purposes, but that a district court erred in granting a Virginia prisoner an injunction to have various religious items (white hooded robe, candles, statute, …
Ban on Interprison Travel for Religious Services Overturned by Jewish Michigan state prisoners filed suit alleging First Amendment violations in response to a ban on inter-prison travel which effectively denied them the right to participate in Sabbath services and a Passover Seder. A U.S. district court held that the prisoners …
Muslim Prisoners' Right to Jumu'ah Denied by The U.S. District Court of New Jersey held that minimum security Muslim prisoners working outside a prison perimeter did not have a compelling right to be off work on Friday afternoons to attend Jumu'ah services, a form of Muslim congregational worship. Ahmad Uthman …
$9,000 Jury Award Against Missouri: Religious Halfway House by A Missouri federal district court upheld a jury's verdict and damage award, but reversed the award of punitive damages. The suit was filed by a probationer sentenced to the Agape House, a state sponsored halfway house in Sedalia, who alleged the …
Article • May 15, 2007
Eleventh Circuit Holds RLUIPA Constitutional by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals has held the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not violate either the Spending Clause, the Establishment Clause, or the Tenth Amendment of the U.S. Constitution. Georgia Prisoner Ralph …
Article • May 15, 2007
Muslim Prisoners' Allegation Of Forced Pork Handling States Claim by In this brief opinion, the U.S. Fifth Circuit Court of Appeals held that Muslim prisoners who brought a civil rights suit against prison officials for allegedly forcing them to handle pork stated a claim upon which relief could be granted. …
Article • May 15, 2007
Third Circuit Upholds Forced Feeding of Pennsylvania Prisoner by On September 28, 2004, the U.S. Third Court of Appeals held that although the admission of a federal litigant's prior robbery conviction during trial was erroneous pursuant to Federal Rules of Evidence, the admission did not affect the trial's outcome. The …
Article • May 15, 2007
Standard Set for Violation of Free Exercise Clause by The U.S. Supreme Court held that government may not deny unemployment benefits to a claimant who was unable to obtain employment because of religious objections she would not take Saturday work. After being discharged from her job as a textile mill …
$34,000 Paid in Texas Prisoners' Retaliation Claim by This case involved six Texas prisoners at the Wallace Park unit. After they filed a lawsuit to practice their Jewish religion, guards began retaliating against them. The retaliation came in the form of job changes, cell reassignments, transfers, and disciplinary action for …
Parole Condition Barring Contact With Religious Sect Upheld by The plaintiff, Yahweh ben Yahweh, was directed to have no direct or indirect contact with members of the Nation of Yahweh ("Black Hebrews") without approval by his parole officer upon his mandatory release on his RICO conviction for involvement in activities …
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