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Article • May 15, 2007
NY Food Load Suit Dismissal Reversed Under RLUIPA by The plaintiff alleged that an officer ordered him to return his food tray and cup while he was performing salat, knowing that his religious beliefs prohibited his responding, and issued a misbehavior report. The plaintiff was subjected to a week of …
Brief • May 11, 2007
Filed under: RLUIPA, Religious Diet
Kuperman v. NH DOC, NH, Order Adopting Magistrate Rec., 2007 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Albert Kuperman v. 06-cv-420-JD Warden, NH State Prison ORDER I herewith approve the Report and Recommendation of Magistrate Judge Muirhead dated April 18, 2007, no objection having been filed, for …
Brief • April 18, 2007
Filed under: RLUIPA, Religious Diet
Kuperman v. NH DOC, NH, Report and Rec., Kosher Food Case, 2007 - Nh - Kosher Food Case - Rr 2007 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Albert Kuperman v. Civil No. 06-cv-420-JD New Hampshire Department of Corrections, et al. REPORT AND RECOMMENDATION Plaintiff Albert Kuperman …
Article • February 15, 2007 • from PLN February, 2007
Native American Entitled to Prayer Feather by An Arkansas federal district court has held that a Native American prisoner has a constitutional right to possess or use a prayer feather for religious purposes. This action was brought by Billy Joe Wolf, complaining about acts while he was imprisoned at Arkansas? …
Brief • November 9, 2006
Filed under: RLUIPA, Religious Diet
Kuperman v. NH DOC, NH, Complaint, Kosher Food Case, 2006 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE ALBERT KUPERMAN, Plaintiff V. STATE OF NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS, BRUCE CATTELL, INDIVIDUALLY, AND IN HIS CAPACITY OF WARDEN, GREG COMPTON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, KIMBERLY LACASSE, …
Article • September 15, 2006 • from PLN September, 2006
Virginia Prisoners Challenge Grooming Policy Under RLUIPA by Get in a fight behind bars and in most states, youll serve somewhere between a few days or months in segregation. Refusal to cut your hair in Virginia and youll be segregated until you comply. In 1999 the Virginia Department of Corrections …
RLUIPA Bars Total Ban on Melanic Literature by A Michigan federal district court has entered an injunction that bars the Michigan Department of Corrections (MDOC) from continuing a total ban on Melanic literature, requiring MDOC officials to screen such literature to ensure prohibited materials are prevented entry into MDOC prisons. …
Article • June 15, 2006 • from PLN June, 2006
Dismissal of the Publisher/Approved Vendor Only Challenge Reversed by The Sixth Circuit Court of Appeals reversed a district courts sua sponte dismissal of a Michigan prisoners claims that rejection of a religious publications violated the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). On November 1, …
Buddhist Prisoner Properly Denied Vegan Diet Under First Amendment; Case Remanded for RLUIPA Claim by David Reutter The Third Circuit Court of Appeals has held that a prisoners First Amendment religious exercise right to practice Mahayana Buddhism was not violated by prison officials refusal to provide a vegan diet. The …
Native American California Prisoner Entitled to Religious Exception from Prison Hair Grooming Policy by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals, applying the Religious Land Use and Institutionalized Person Act (RLUIPA) (42 U.S.C. § 2000cc, et seq.), held that the blanket three-inch hair length …
Article • May 15, 2006 • from PLN May, 2006
Sixth Circuit: RLUIPA Held Constitutional Under the Spending Clause by by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals, acting on remand from the U.S. Supreme Courts recent ruling (Cutter v. Wilkinson, 125 S.Ct. 2113 (2005); PLN, July 2005, p.30) (Cutter II) that the Religious Land Use and …
Article • January 15, 2006 • from PLN January, 2006
Seventh Circuit Reverses § 1915(e)(2) Dismissal of Meritorious Complaint by by Bob Williams The U.S. Court of Appeals for the Seventh Circuit has reversed a Wisconsin Federal District Court's dismissal of a prisoner complaint the district court found to have probable merit but dismissed under 28 U.S.C. § 191S(e)(2) screening because …
Ban on Separatist Religious Publication by Ban on Separatist Religious Publication Reversed by Eighth Circuit The Eighth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials related to the refusal to deliver a religious publication they deemed to be racially inflammatory Missouri Department of …
Article • September 15, 2005 • from PLN September, 2005
Confiscation of "New Afrikan" Literature May Violate First Amendment by Confiscation of "New Afrikan" Literature May Violate First Amendment The Second Circuit Court o Appeals reversed a New York district court's dismissal of a prisoner's complaint alleging violation of his rights under a Religious Land Use and Institutionalized Persons Act …
Article • August 15, 2005 • from PLN August, 2005
RLUIPA Upheld by U.S. Supreme Court by by John E. Dannenberg A unanimous United States Supreme Court held that § 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §2000cc-1(a) (1-2), which proscribes the government from imposing a substantial burden on the religious exercise …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
Article • February 15, 2005 • from PLN February, 2005
Iowa Must Give Kosher Meals to Civilly Committed Sex Offender by John E Dannenberg Iowa Must Give Kosher Meals To Civilly Committed Sex Offender by John E. Dannenberg The United States District Court (S.D. Iowa) ordered that Kosher meals be provided without co-payment to an Orthodox Jewish prisoner who is …
Do New York Shiite Prisoners Have a Right to Separate Services? by by Matthew T. Clarke The Second Circuit Court of Appeals has held that a district court improperly dismissed a suit by Shiite Muslim New York state prisoners seeking separate religious services from the Sunni Muslims. Thomas Pugh, Edward …
Article • May 15, 2004 • from PLN May, 2004
Ohio Native American Prisoner Granted Injunction to Grow Long Hair by David Reutter Ohio Native American Prisoner Granted Injunction to Grow Long Hair by David M. Reutter An Ohio federal district court has granted a prisoner at Ohio's Madison Correctional Institute (MCI) a preliminary injunction that allows him to grow …
Religious Garments May Be Worn During Prisoner Transport by Bob Williams By Bob Williams The United States District Court for the District of Colorado rejected a plea for qualified immunity by the Colorado Department of Corrections (CDOC) over their refusal to transport a Jewish prisoner while wearing religious Garments. Russell …
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