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Article • August 15, 2005 • from PLN August, 2005
Massachusetts Law, Not PLRA, Applies to Attorneys Fee Award in State Court § 1983 Action for Native by Massachusetts Law, Not PLRA, Applies to Attorneys Fee Award in State Court § 1983 Action for Native American Rights A Massachusetts Superior Court has held that the determination of an appropriate attorney's …
Sample v. Lappin, DC, RFRA Complaint, Passover Wine, 2005 Case 1:05-cv-00596-PLF Document 1 Filed 03/22/2005 o Page 1 of 7 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NANCY MAYER WHiTTiNGTON CLERK U.S. DISTRICT COUIlT' BRANDON S. A~LE"""., § . \<...53q'4;~v·' v •. ~~: ~~ ~-= …
RFRA May Protect Federal Prisoners' Right to Cast Spells by RFRA May Protect Federal Prisoners' Right to Cast Spells The U.S. Court of Appeals for the Seventh Circuit (7th Circuit) has reinstated a federal prisoner's religious freedom lawsuit under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1. Kerry …
Evidentiary Hearing Required to Determine Communion Service Frequency by The Supreme Court of Mississippi has ordered an evidentiary hearing to determine the frequency prisoners at the Mississippi State Penitentiary at Parchman are allowed to receive Communion. Prisoner Donnie Russell, acting pro se, filed a petition in State Circuit Court alleging …
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 …
Consultants Do Not Insulate Officials from Kosher Diet Liability by Consultants Do Not Insulate Officials from Kosher Diet Liability; Prisoner Loses $30,000 for Failing to Exhaust In an appeal by prison officials of a $30,000 punitive damage award for excluding a prisoner from participating in Jewish services and holidays, the …
Ohio Federal District Court Finds RLUIPA Constitutional by In a case of first impression in the Sixth U.S. Circuit, the Federal District Court for the Southern District of Ohio has refused to dismiss Ohio prisoners' religious rights claims based on the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 …
Article • June 15, 2003 • from PLN June, 2003
New Jersey's Five Percenters an STG and a Religion by David Reutter by David M. Reutter The Third Circuit Court of Appeals has affirmed a New Jersey federal district court's grant of a motion for summary judgment in separate 42 U.S.C. §1983 actions filed by prisoner's Joel Fraise, Alexander Kettles, …
Article • May 15, 2003 • from PLN May, 2003
BOP Communion Wine Ban Challenged by David Reutter by David M. Reutter The Court of Appeals for the District of Columbia has reversed the grant of summary judgment favoring prison officials in a Bivens action filed by Catholic Christian prisoners at the Federal Prison Camp in Pensacola, Florida, which challenged …
New York Prayer Rule Struck Down by by Matthew T. Clarke The Second Circuit court of ap- peals has held that Rule 105.11 of the New York State Department of Corrections Services (DOCS) Standards of Inmate Behavior (the Rules) violates the Due Process Clause of the Fifth Amendment when used …
Tenth Circuit Holds Prison Officials Liable for Failing to Provide Religious Meals by Tenth Circuit Holds Prison Officials Liable For Failing To Provide Religious Meals The Tenth Circuit court of ap- peals has held that prison officials unconstitutionally interfered with a punitive segregation prisoner's exercise of religion when they failed …
Prisoner Strip Search Warrants Fourth Amendment Analysis by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's Fourth Amendment claim alleging unreasonable multiple strip searches performed on him by a female guard were not frivolous, as would warrant dismissal under the PLRA. The court also …
Article • November 15, 1999 • from PLN November, 1999
$7,000 Award to Prisoner Shoved by Guard while Praying by $7,000 Award to Prisoner Shoved by Guard While Praying A federal district court in New York has awarded $7,000 in damages to a muslim prisoner who, while he was praying, was shoved from behind by a guard. Generoso Arroyo Lopez, …
Race Requirement for Religion Struck Down by Afederal district court in Louisiana held that a prison rule allowing only ethnic Native Americans to engage in Native American Religious (NAR) practices was unconstitutional. Seven Louisiana state prisoners housed in a private prison operated by the Corrections Corporation of America (CCA) on …
Fourth Amendment Forbids Taping of Jail Confession to Clergy by The court of appeals for the ninth circuit held that state prosecutors, judges and jail officials violated the fourth amendment and the now defunct Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, by secretly taping the confession a jail …
Article • October 15, 1997 • from PLN October, 1997
Consent Decree Termination Provision Upheld by A federal district court in Indiana held that 18 U.S.C. § 3636(b)(2), which allows for the immediate termination of previously entered consent decrees, is constitutional. The court rejected arguments that § 3626(b)(2) violates prisoners' right to equal protection, impairs contracts and violates the separation …
Article • September 15, 1997 • from PLN September, 1997
Supreme Court Strikes Down RFRA as Unconstitutional by On June 25, 1997, the United States supreme court struck down as unconstitutional the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In 1993 the RFRA was enacted by congress in response to the supreme court ruling in Employment Division, Dept. …
TB Isolation May Violate RFRA by A federal district court in Indiana held that a prison policy of isolating Muslim prisoners who refused tuberculosis screening tests may violate the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) and the eighth amendment. Indiana prisoners who refuse TB tests involving the …
Qualified Immunity for Strip Search by In the July, 1994, issue of PLN we reported Canedy v. Boardman, 16 F.3d 183 (7th Cir. 1993) which reversed dismissal of a Muslim prisoner's suit claiming violation of his religious rights when guards of both sexes could see him naked. On remand the …
Article • April 15, 1997 • from PLN April, 1997
A Native American Resource by The Traditional Native American Tobacco Seed Bank and Education Program (TNAT) at the University of New Mexico has three objectives: 1.) Collecting, preserving, growing and distributing the seeds of the many traditional Native American types of tobacco; 2.) Educating Native Americans about the dangers of …
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