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Religious Sincerity, Not Necessity, Satisfies Free Exercise Claim by Utah State prisoner Karl Kay appealed the dismissal of his § 1983 action for denial of religious materials, parole based due process violations and retaliation for seeking counsel. The court reversed dismissal of his religious materials denial claim, affirmed the balance …
Article • January 15, 2009
Iowa Court Holds Prison Chaplains At Taxpayer Expense Constitutional by Defendant Iowa State officials and plaintiff taxpayers appealed the provisions of an order enjoining the state from employing chaplains for prison based religious activity. The order was reversed. Taxpayers Delores Rudd and Charlotte Walker filed suit alleging that state paid …
Article • November 15, 2008 • from PLN November, 2008
Effects of Florida’s Faith Based Prisons Found to Be Promising in Reducing Recidivism by David Reutter Effects of Florida’s Faith Based Prisons Found to Be Promising in Reducing Recidivism by David M. Reutter A report by the Urban Institute’s Justice Policy Center concluded the statistically significant difference between the share …
Fallen Women - Santa Fe Reporter article by Silja Talvi by Silja JA Talvi Fallen Women For incarcerated women, there is little justice to be found By Silja JA Talvi Three years ago, I journeyed back to Santa Fe to return to a city where I had once lived—and that …
Iowa Faith-Based Program Finally Closed by After a five-year court battle and public controversy, the Iowa Department of Corrections (IDOC) has decided to close a Bible-oriented re-entry program at the Newton Correctional Facility. The program, operated by Virginia-based Prison Fellowship Ministries, was part of the InnerChange Freedom Initiative. PLN has …
Eighth Circuit Holds State Funding of Iowa Faith-Based Prison Unconstitutional by Michael Rigby On December 3, 2007, a three-judge panel of the U.S. 8th Circuit Court of Appeals held that partial state funding of a religious-based prison program in Iowa was unconstitutional. The Court further held that InnerChange, a division …
Article • January 15, 2008 • from PLN January, 2008
Iowa Faith-Based Program Held Unconstitutional by 8th Circuit; Continues with Private Funding by Previously, PLN reported an Iowa federal district court ruling which held that the InnerChange Freedom Initiatives, a faith-based prison program that received state funding, violated the First Amendment?s establishment clause. [See: PLN, July 2006, pg.18]. As noted …
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. …
Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
Article • June 15, 2007 • from PLN June, 2007
BOP Cancels Solicitation of Proposal for Single-Faith Program by On October 26, 2006, the federal Bureau of Prisons (BOP) announced that it was canceling its solicitation of proposals for single-faith, faith-based residential re-entry programs. The move came after a lawsuit was filed by the Madison, Wisconsin-based Freedom From Religion Foundation …
Article • May 15, 2007
Supreme Court Prohibits School Prayer by The United States Supreme Court held that public schools may not include invocations and benedictions in the form of prayer at graduation ceremonies. This action was brought by a student of the Providence, Rhode Island public schools and her father, who sought a temporary …
Dismissal of Prisoner Civil Rights Complaint Against State Sponsored Substance Abuse Program Affirmed by Dismissal of Prisoner Civil Rights Complaint Against State Sponsored Substance Abuse Program Affirmed Colorado state prisoner David K. Jenner, and several other prisoners, filed a federal complaint pursuant to 42 U.S.C. §§ 1983 and 1985 alleging …
Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity by Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity A Virginia federal district court held that officials at the Indian Creek Correctional Center violated a prisoner's First Amendment rights under the Establishment …
Forced Prayers in Drug Treatment Program May Violate Establishment Clause by The plaintiff alleged that she enrolled in a voluntary drug treatment program which turned out to close every day with a prayer ceremony. Though she was not required to verbalize a prayer, she was required to participate by standing …
Rules Modeled on Ten Commandments Violate Establishment Clause; Sheriff Denied Qualified Immunity by A federal court in Arkansas held that jail rules modeled after the Ten Commandments violates the Establishment Clause of the First Amendment. It also held that jail officials were not entitled to qualified immunity. Andy Lee was …
Wisconsin Religious Work Release Contract May Violate Constitution by A contract between the Department of Correction and "Faith Works," a "faith-based program designed to meet the needs of individuals recovering from addiction to alcohol and other drugs," to operate a halfway house raises an Establishment Clause issue because Faith Works …
Article • May 15, 2007
Alcoholics Anonymous Parole Requirement Violates Establishment Clause by Alcoholics Anonymous Parole Requirement violates Establishment Clause The supreme court of Tennessee held that the Tennessee parole board's method of determining prisoner parole eligibility, by circulating and reviewing case files individually, does not violate the state's open records act. The court held …
Iowa Sued Over Proselytizing Fundamentalist Christian Prison Program by Matthew T. Clarke Iowa Sued Over Proselytizing Fundamentalist Christian Prison Program by Matthew T. Clarke On February 13, 2003, Americans United for Separation of Church and State (AUSCS) filed two lawsuits in federal court, under 42 U.S.C. § 1983, against officials …
$9,000 Jury Award Against Missouri: Religious Halfway House by A Missouri federal district court upheld a jury's verdict and damage award, but reversed the award of punitive damages. The suit was filed by a probationer sentenced to the Agape House, a state sponsored halfway house in Sedalia, who alleged the …
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