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Ninth Circuit Reverses Denial of RFRA DNA Challenge by The Ninth Circuit Court of Appeals held that a lower court erroneously held that an offender’s belief that he can’t give blood was not a religious belief. After pleading guilty to federal charges in California, Gregory Zimmerman was compelled to provide …
Brief • August 14, 2013
Filed under: Religious Diet
Miles v. Guice, NC, Complaint, Religious Diet, 2013 FILED AUG 1 4 2013 REVISED DATE: 09/200 l FORM TO BE USED BY A STA TE PRISONER IN FILING A COMPLAINT UNDE THE CIVIL RIGHTS ACT, 42 U.S.C. SECTION 1983 OR BY A FEDERAL PRISONER IN FILING A BIVENS CLAIM. UNITED …
Lindh v. Federal Correctional Institution Warden, IN, Order Denying Motion to Hold Dfdnt in Contempt, 2013 Case 2:09-cv-00215-JMS-MJD Document 227 Filed 07/19/13 Page 1 of 7 PageID #: 3496 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JOHN LINDH, Plaintiff, vs. WARDEN, Federal Correctional Institution, Terre Haute, …
Article • July 15, 2013 • from PLN July, 2013
Fourth Circuit Reverses Dismissal of Case Challenging Virginia DOC Grooming Policy by Retired Supreme Court Justice Sandra Day O'Connor joined a panel of the Fourth Circuit Court of Appeals, by designation, in finding that a district court had erred in upholding a Virginia prison grooming policy that prohibited prisoners from …
Davis et al v. Abercrombie et al, HI, Def Response to Plf Discovery Motion I, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 348-1 Filed 07/12/13 Page 1 of 25 7830 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS, MICHAEL HUGHES, …
Davis et al v. Abercrombie et al, HI, Def Response to Plf Discovery Motion II, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 348 Filed 07/12/13 Page 1 of 3 7827 PageID #: ROECA LURIA HIRAOKA LLP APRIL LURIA aluria@rlhlaw.com 900 Davies Pacific Center 841 Bishop Street Honolulu, Hawai‘i …
Davis et al v. Abercrombie et al, HI, Declaration - Guzman, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 348-2 Filed 07/12/13 Page 1 of 5 7855 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS, MICHAEL HUGHES, DAMIEN KAAHU, ROBERT A. …
Davis et al v. Abercrombie et al, HI, Exhibits, CCA religious discrimination denial retaliation, 2013 Case 1:11-cv-00144-LEK-BMK Document 348-3 Filed 07/12/13 Page 1 of 4 7860 PageID #: Case 1:11-cv-00144-LEK-BMK Document 348-3 Filed 07/12/13 Page 2 of 4 7861 PageID #: Case 1:11-cv-00144-LEK-BMK Document 348-3 Filed 07/12/13 Page 3 of …
Brief • June 14, 2013
Furnace v. Sullivan, CA, Settlement, Excessive Force and Religious Diet, Page 1 of 4 SETTLEMENT AGREEMENT AND RELEASE I. PARTIES This Settlement Agreement and Release (Agreement) concerns Edward Terran Furnace (Plaintiff) and the California Department of Corrections and Rehabilitation (CDCR) on behalf of Defendants Sullivan, Soto, and Morales. Plaintiff, CDCR, …
Brief • June 10, 2013
Filed under: Religious Diet
Vinning-El v. Evans, IL, Settlement, Religious Diet, 2013 KIRK~ANP&E~L!S LLP PAGE IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS EAST ST. LOUIS DIVISION Mondrea Vinning-EI, #863459, ) ) Plaintiff, Case No. OS·cv-570-DRH l ~ VS, John D. Evans, et al., Defendants. Hon. David R. Herndon ) …
Article • May 15, 2013 • from PLN May, 2013
Muslim Prisoners Challenge Ohio’s Denial of Halal Meals; Pork Producers Protest by Joe Watson In 2011, Abdul-Hamead Awkal, II, 52, and Cornelius Causey, 35, both Muslim prisoners, filed separate lawsuits against the Ohio Department of Rehabilitation and Correction (ODRC), arguing that the ODRC’s refusal to provide halal meals infringed on …
Article • May 15, 2013
Religious Diet Qualified Immunity Test Outlined by The Seventh Circuit Court of Appeals has held that in determining whether a prison official is entitled to qualified immunity for refusing a prisoner a religious diet, the district court must know whether the official used the tenets of the religion to disqualify …
Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to …
Gartrell v. Federal Bureau of Prisons, PA, Settlement Agreement - Releasing RFRA and Equal Protection Claims - Prayer Accommodations (2013) AGREEMENT FOR COMPROMISE, SETTLEMENT AND RELEASE OF RELIGIOUS FREEDOM RESTORATION ACT AND EQUAL PROTECTION CLAIMS It is hereby agreed by and between Plaintiff, ISADORE GARTRELL, and Defendant, Federal Bureau of …
Brief • May 9, 2013
Filed under: RLUIPA, Religious Property
Yellowbear v. Lampert, WY, Pltf. Supplemental Reply Brief, Religious Property, 2013 Appellate Case: 12-8048 Document: 01019051529 Date Filed: 05/09/2013 Page: 1 IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT CASE NO. 12-8048 ANDREW JOHN YELLOWBEAR, JR., Plaintiff-Appellant v. ROBERT O. LAMPERT, Director Wyoming Department of Corrections, et …
Brief • April 23, 2013
Filed under: RLUIPA, Religious Property
Yellowbear v. Lampert, WY, Dfdt. Appeal Brief, Religious Property, 2013 Appellate Case: 12-8048 Document: 01019040376 Date Filed: 04/23/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ANDREW JOHN YELLOWBEAR, JR., Plaintiff – Appellant, v. No. 12-8048 ROBERT O. LAMPERT, Director, Wyoming Department of Corrections, et al., Defendants …
Second Circuit: Continuing Violations Exhausted with Single Grievance by The Second Circuit Court of Appeals held on May 16, 2012 that a New York district court had incorrectly concluded that a prisoner failed to exhaust his administrative remedies before bringing a religious freedom suit. Muslim prisoner Neil Johnson was confined …
Article • April 15, 2013 • from PLN April, 2013
Forcible Cutting of Illinois Prisoner’s Dreadlocks Found Unconstitutional by The Seventh Circuit Court of Appeals has held that an Illinois prison guard violated the First Amendment rights of a prisoner by ordering his dreadlocks to be forcibly shorn. The appellate court further held the guard was not entitled to qualified …
Article • April 15, 2013
Third Circuit Holds No RLUIPA Damages by The Third Circuit Court of Appeals upheld a judgment for prison officials on a Pennsylvania prisoner's religious freedom claims. Pennsylvania prisoner Shawn Sharp is a Sunni Muslim who "identifies himself as a member of the Habashi sect." "Jumah is a group prayer service …
Article • April 15, 2013
Tenth Circuit: Individual Damage Claims Improper Under RLUIPA; Right Against Rastafarian Haircut Not Clearly Established by The Tenth Circuit Court of Appeals upheld a lower court's dismissal of a Kansas Rastafarian prisoner's constitutional and statutory challenges to a requirement that he comb out or cut his dreadlocks. Sturgeon Stewart was …
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