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Prisoners Can Sue Virginia DOC’s Contract Medical Provider for Breach of Contract by Prisoners Can Sue Virginia DOC’s Contract Medical Provider for Breach of Contract Virginia Department of Corrections (VDOC) prisoners who receive inadequate medical care may sue the VDOC’s contract medical provider for breach of contract, the Supreme Court …
Kentucky Jail Guards Win $872,000 in Discrimination, Retaliation Suit After Appellate Remand by Kelvin Brooks, a guard at the jail in Jefferson County, Kentucky, was black and had a race-related skin disease (PFB) that was irritated by shaving, so he wore a beard. Ron Bishop, the jail director, fired Brooks …
Article • May 15, 2008
Denial of Food, Visits for Refusing to Shave Upheld by Allegations of the denial of one visit and seven or eight meals over a period of a month, without an allegation of denial of a minimally nutritious diet, was frivolous (The plaintiff was denied food and visits because he had …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Article • May 15, 2007
Religious Belief Allows NY Jewish Prisoner to Grow Beard by The United States Court of Appeals for the Second Circuit held that an Orthodox Jewish prisoner has a protected right under the First Amendment to grow a beard, and that a Department Directive cannot prevent the prisoner from growing a …
Article • May 15, 2007
NY DOC Beard Ban Upheld by The U.S. Court of Appeals for the Second Circuit upheld a New York Department of Corrections (DOC) rule banning beards longer than one inch. Yevgen Fromer, an Orthodox Jewish prisoner, brought a civil rights action alleging that the DOC's policy prohibiting beards in excess …
Article • May 15, 2007
New York DOC Beard Ban Held Unconstitutional On Remand by The United States District Court for the District of New York held that a New York Department of Corrections (DOC) policy banning beards in excess of one inch in length was unconstitutional as applied to a Jewish prisoner. Yevgen Fromer, …
Article • May 15, 2007
Going Barefoot Not Protected Speech by A rule requiring patrons of a public library to wear shoes did not violate the First Amendment, even assuming that going barefoot constituted speech. A library is a limited public forum, and the shoe requirement is a valid, content-neutral regulation that promotes communication of …
Article • May 15, 2007
Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials by Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a district court's dismissal of prisoners' actions challenging a prison grooming policy. Arizona prisoners who …
Article • May 15, 2007
Kosher Diet and Jewish Beard Requirement States Claim by A federal district court in New York denied prison official's motion to dismiss a Jewish New York state prisoner's complaint alleging violation of his right to freely practice his religion. The court held that requiring the prisoner to maintain a beard …
Article • May 15, 2007
Virginia Grooming Rules Upheld by The plaintiffs challenged a grooming policy requiring short hair, prohibiting facial hair except for trimmed mustaches, and prohibiting braids, plaits, dreadlocks, cornrows, partially shaved heads, designs, etc. There is a medical exception but not a religious one. The policy is modeled after the South Carolina …
Article • May 15, 2007
RLUIPA Kouplock Injunction Reversed; Deference to Prison Officials Required by David Reutter By David M. Reutter The Sixth Circuit Court of Appeals has reversed an Ohio federal district court's temporary injunction that allowed a Native American Indian prisoner to grow and maintain a kouplock. The district court, using RLUIPA as …
Article • May 15, 2007
Idaho Shaving Rule Infraction Against Prisoner with Brain Problem Vacated by The plaintiff, who suffers from a neurological disorder causing jerking and shaking, declined to shave because doing so with a razor blade endangered his safety (he had already cut himself trying to do so), and they wouldn't let him …
Punishment for Prisoner with Medical Reason not to Shave States Claim by The court of appeals for the Fifth circuit held that the district court erred when it dismissed as frivolous a Florida prisoner's suit that he was punished by prison officials for having a beard. Prisoner claimed he had …
Article • May 15, 2007
Prisoner's Haircut Raises Constitutional & Discovery Issues by Prisoner's Haircut Raises Constitutional & Discovery Issues The Sixth Circuit Court of Appeals affirmed the District Court's decision to allow defendants' second motion for summary judgment after their first motion was denied. Mark Lee Pollock sought to enjoin prison officials from cutting …
Article • May 15, 2007
New York Prison Beard Ban Unconstitutional, Enforcement Enjoined by The United States District Court for the Southern District of New York held that a New York Department of Corrections rule banning beards longer than one inch was unconstitutional as it applied to an Orthodox Jewish prisoner and enjoined the Department …
Article • November 15, 2003 • from PLN November, 2003
Injunction Prohibits Virginia Grooming Policy Enforcement on BOP Prisoners by A federal district court for the District of Columbia granted an injunction to a class of Rastafarian and Muslim prisoners holding the requirement that those prisoners must cut their hair or shave their beards imposes a substantial burden on their …
Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified by The Ninth Circuit Court of Appeals held that factual issues precluded summary judgment on a prisoner's free speech claim and that dismissal with prejudice of his remaining claims was an abuse of discretion. Idaho prison regulations require prisoners to shave daily. …
Work Stoppage at Idaho CCA Prison by Five weeks after it opened, the Idaho Correctional Center (ICC), went on lockdown following a non-violent protest by prisoners there. Corrections Corporation of America operates the $50 million 1,250-bed prison. In early July 2000, CCA began moving Idaho prisoners from its New Mexico …
MO Prisoner Awarded $130,000 in Retaliation and Haircut Claims by On February 4, 2000 a federal jury in the Eastern District of Missouri awarded $130,000 in damages to Jerry McCrary. McCrary, who is black, filed suit claiming that while imprisoned at the Potosi Correctional Center in Missouri on August 16, …
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