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Consent Decree Termination Provision Upheld

Article • October 15, 1997 • from PLN October, 1997

Filed under: Consent Decrees (PLRA), Religious Freedom, Religious Practices

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 …

Supreme Court Strikes Down RFRA as Unconstitutional

Article • September 15, 1997 • from PLN September, 1997

Filed under: Religious Freedom Restoration Act, Religious Freedom, Religious Practices

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

Article • June 15, 1997 • from PLN June, 1997

Filed under: Tuberculosis, Exercise, Religious Freedom Restoration Act, Religious Freedom, Religious Practices

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

Article • June 15, 1997 • from PLN June, 1997

Filed under: Gender Discrimination -- Men, Strip Searches, Mootness, Qualified Immunity, Religious Freedom, Religious Practices

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 …

A Native American Resource

Article • April 15, 1997 • from PLN April, 1997

Filed under: Reviews, Resources, Religious Freedom, Religious Practices

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 …

Seventh Circuit Analyzes RFRA

Article • April 15, 1997 • from PLN April, 1997

Filed under: Religious Freedom Restoration Act, Religious Freedom, Religious Diet, Religious Practices

Seventh Circuit Analyzes RFRA by The court of appeals for the seventh circuit gave its first ruling on the application of the Religious Freedom Restoration Act (RFRA) to prison cases in that circuit and in doing so defined what constitutes a "substantial burden" on religious practcies. The court consolidated two …

Pierce County (Tacoma) Jail Suit Settled

Article • March 15, 1997 • from PLN March, 1997

Filed under: Systemic Medical Neglect, Medical Expenses, Overcrowding, Staffing, Exercise, Clothing, Bedding, Jail Specific, Settlements, Religious Freedom, Religious Practices

Pierce County (Tacoma) Jail Suit Settled by In the February, 1995, issue of PLN we reported the filing of Herrera v. Pierce County, a class action suit challenging overcrowding and various other unconstitutional conditions at the Pierce County jail in Tacoma, Washington. The suit was settled in mid 1996 in …

Muslim Can't Be Punished for Refusal to Handle Pork

Article • July 15, 1996 • from PLN July, 1996

Filed under: Prison Labor, Legality of Rules, Food, Qualified Immunity, Religious Freedom, Religious Practices

Muslim Can't Be Punished for Refusal to Handle Pork by The court of appeals for the eighth circuit held that a district court erred when it granted prison officials qualified immunity for punishing a Muslim prisoner who refused to handle pork. Roosevelt Hayes is an Arkansas state prisoner and a …

Supervisor Liable in Retaliation Suit

Article • June 15, 1996 • from PLN June, 1996

Filed under: Retaliation for Filing Grievances, Tuberculosis, Qualified Immunity, Supervisory Liability, Mail Regulations, Postage, Religious Freedom, Religious Practices

Supervisor Liable in Retaliation Suit by A federal district court in New York held that supervisory prison officials can be found liable when they are aware of retaliation taken against prisoners but do nothing to stop it. The court dismissed claims challenging the New York DOCS practice of discontinuing free …

Tuberculosis TRO Issued

Article • April 15, 1996 • from PLN April, 1996

Filed under: Tuberculosis, Preliminary Injunctions/TRO's, Appeals, Religious Freedom Restoration Act, Religious Freedom, Religious Practices

Tuberculosis TRO Issued by A federal district court in New York granted a prisoner's motion for a Temporary Restraining Order (TRO) holding that a prison's mandatory tuberculosis (TB) test violated his religious rights. Paul Jolly, a New York state prisoner, is a Muslim. In 1991 the New York DOCS implemented …

RFRA Analyzed and Applied in 10th Circuit

Article • December 15, 1995 • from PLN December, 1995

Filed under: Religious Freedom Restoration Act, Qualified Immunity, Religious Freedom, Religious Practices, Religious Property, Clergy

RFRA Analyzed and Applied in 10th Circuit by The court of appeals for the tenth circuit has issued its first ruling analyzing the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1, holding that it may well require prison officials to provide Native American prisoners with sweat lodge facilities. Robert …

PI Granted to Satanist

Article • May 15, 1995 • from PLN May, 1995

Filed under: Preliminary Injunctions/TRO's, Religious Freedom, Religious Practices, Religious Property

PI Granted to Satanist by Robert Howard is a federal prisoner at FCI Englewood in Littleton, CO. He is also a Satanist. Howard made several requests to prison officials seeking to practice satanic rituals. Prison officials denied his requests and Howard filed suit claiming that the denial of his requests …

No Immunity for Sweat Lodge Denial

Article • February 15, 1995 • from PLN February, 1995

Filed under: Appeals, Qualified Immunity, Religious Freedom, Religious Practices

No Immunity for Sweat Lodge Denial by Ralph Thomas is a Nebraska state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that prison officials had violated his right to religious freedom by denying him daily access to the prisons sweat lodge for prayer. He claimed this denial also …

Santeros Win PI

Article • November 15, 1994 • from PLN November, 1994

Filed under: Discrimination, Religious Discrimination, Preliminary Injunctions/TRO's, Religious Freedom Restoration Act, Religious Practices, Religious Property

Santeros Win PI by Santeria is a religion which combines aspects of Catholicism and African animism. Believers worship saints, or orishas, who have their own personalities and characteristics. Santeria is widely practiced in Caribbean and Latin American countries. In Church of the Lukumi Babah Aye, Inc. v. City of Hialeah, …

RFRA Must Be Argued on Merits

Article • November 15, 1994 • from PLN November, 1994

Filed under: Religious Freedom Restoration Act, Qualified Immunity, Religious Freedom, Religious Practices

RFRA Must Be Argued on Merits by Prisoners at the Nebraska State Penitentiary filed suit under the Religious Freedom Restoration Act (RFRA) 42 U.S.C. § 2000bb claiming that prison officials had violated their right to practice their religion. The prisoners are adherents to Asatru, an Icelandic term for the ancient …

English Only Rule for Prayer Illegal

Article • July 15, 1994 • from PLN July, 1994

Filed under: Liberty Interests, Notice of Rules, Legality of Rules, Witnesses (Disciplinary Hearings), Summary Judgment, Qualified Immunity, Religious Freedom, Religious Practices

English Only Rule for Prayer Illegal by DeMont Conner is a Hawaii state prisoner. He filed suit under section 1983 claiming prison officials had violated his due process rights by punishing him for praying in Arabic with another prisoner and that the disciplinary hearing itself did not comport with due …

9th Cir. Explains Review of Religious Claims

Article • April 15, 1994 • from PLN April, 1994

Filed under: Religious Freedom, Religious Diet, Religious Practices, Religious Property, Clergy

9th Cir. Explains Review of Religious Claims by Jason Ward is the only Orthodox Jewish prisoner at the Ely State Prison in Nevada. He filed suit under § 1983 claiming that prison officials had violated his right to free exercise of his religion by not providing him with a kosher …

WA DNA Identification Statute Upheld by District Court

Article • January 15, 1994 • from PLN January, 1994

Filed under: DNA Testing/Samples, Religious Freedom, Religious Practices

WA DNA Identification Statute Upheld by District Court by The state of Washington has adopted legislation requiring prisoners convicted of sex offenses or violent crimes to submit to a blood draw in order to provide officials with DNA identification information. Joe Ryncarz filed a pro se 42 U.S.C. section 1983 …

Counsel Should Be Appointed in Religious Suit

Article • April 15, 1992 • from PLN April, 1992

Filed under: Appointment of Counsel, Religious Freedom, Religious Practices

Counsel Should Be Appointed in Religious Suit by Counsel Should Be Appointed In Religious Suit A Muslim prisoner in Nebraska sought to send a $2.00 donation to a Mosque in Lincoln, which prison officials refused to permit him to do. The practice of Zakah, a form of charity, is one …