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Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House by Matthew Clarke by Matt Clarke On June 19, 2009, the Texas Supreme Court held that a city zoning ordinance which effectively banned a religious halfway house in the City of Sinton violated the Texas Religious Freedom Restoration Act …
D.C. Circuit Reaffirms That Guantanamo Detainees Have No Constitutional Rights by On remand from the United States Supreme Court, the U.S. Court of Appeals for the D.C. Circuit has again denied relief to four British nationals who alleged that their detention at Guantanamo Bay violated the Geneva Convention, the U.S. …
Federal Court Holds Enemy Combatant Detainee May Sue Government Officials by On June 12, 2009, a federal district court in California ruled that a U.S. citizen detained in the U.S. as an enemy combatant could sue a high-ranking federal official who promulgated legal opinions on policies that led to the …
District Court Permits Trial In Case Challenging Denial of Wine During Religious Services by The United States District Court for the District of Columbia has order discovery and trial in a case changing the Bureau of Prisons (BOP) policy denying prisoners access to wine during religious services. Federal prisoner Brandon …
Colorado Federal Prisoner's Pastoral Visit Denial Settles For $10,370 by Colorado federal prisoner and Buddhist, Yu Kikumura, brought a Bivens and federal tort action against officials at the United States Penitentiary (USP) at Florence after being denied visits by non Buddhist ministers. The action was settled for $10,370 and the …
Sovereign Immunity Bars RFRA Damages in DC Circuit by The U.S. Court of Appeals for the District of Columbia Circuit has affirmed a district court’s decision that sovereign immunity bars damage claims under the Religious Freedom Restoration Act (RFRA). The court found that RFRA does not provide a clear and …
BOP Agrees to Provide Wine to Prisoner for Religious Rituals by Brandon Sample On September 18, 2008, the Bureau of Prisons (BOP) settled a lawsuit brought under the Religious Freedom Restoration Act (RFRA) for wine during various religious rituals. Brandon Sample, a federal prisoner and PLN contributing writer, sued the …
Former Immigration Detainee Awarded $100,001 Against CSC/Esmor, Plus $137,808 in Attorney’s Fees and Expenses by A federal jury has awarded a former detainee $100,001 against a private company that operated a New Jersey detention center for the U.S. government. The jury found for the plaintiff on her negligent supervision and …
Federal Court Rules RFRA Applies to Guantanamo by by Matthew T. Clarke The United States District Court for the District of Columbia ruled that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb, et seq., applied to the detention facilities at the U.S. military base at Guantanamo Bay, Cuba. Shafiq …
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
RFRA Does Not Require Religious School to Recognize Union by The National Labor Relations Board ordered a religious college to recognize a union, which it objected to on grounds that it was a religiously operated institution not subject to the National Labor Relations Act and that it had religious objections …
DC Court Lacks Jurisdiction Over Virginia DOC Officials by At 5-6: "Removing any doubt, we now hold, as has every circuit to have considered the matter, that the PLRA's exhaustion requirement simply 'governs the timing of the action' and does not contain the type of "'sweeping and direct'" language that …
Court Enjoins Transfer of BOP Prisoners to Virginia DOC under RFRA by The plaintiff District of Columbia prisoners (two Sunni Muslims and a Rastafarian who had taken the Vow of the Nazarite) alleged that their placement by the federal Bureau of Prisons in Virginia prisons, which forbid beards and long …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Parole Condition Barring Contact With Religious Sect Upheld by The plaintiff, Yahweh ben Yahweh, was directed to have no direct or indirect contact with members of the Nation of Yahweh ("Black Hebrews") without approval by his parole officer upon his mandatory release on his RICO conviction for involvement in activities …
Article • May 15, 2007
RLUIPA and RFRA Substantial Burden Defined by RLUIPA and RFRA Substantial Burden Defined Substantial burden is a necessary element of claims under RLUIPA and RFRA; that term is "akin to significant pressure which directly coerces the religious adherent to conform his or her behavior accordingly. Thus, a substantial burden can …
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 …
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 …
Texas Monitors Prisoners for-Signs of Al-Qaeda Recruitment by by Matthew T. Clarke Fears of possible al-Qaeda recruitment among prisoners in U.S. prisons have led officials to take a fresh look at prisoners with a view to their possible recruitment by al-Qaeda. Texas has taken the process to an extreme, closely …
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