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Article • April 15, 2012 • from PLN April, 2012
Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded by Derek Gilna In a detailed ruling, the U.S. Court of Appeals for the Eighth Circuit rejected an attempt by a Muslim prisoner to obtain additional attorney fees for alleged violations of an agreed injunctive order, …
Article • February 15, 2012
Minnesota’s State Court of Appeals Affirms Denial of Name Change for Ex-Felon by A Minnesota appeals court affirmed the lower court’s denial of a request for a name change by an ex-felon. William R. Iverson, a pro se litigant, petitioned the district court in Nicollet County to have his name …
Article • February 15, 2012
PLRA Limits Attorney Fee Award to $7,500; Prisoner Required to Pay Part of Fees by Brandon Sample On December 17, 2007, U.S. District Court Judge James K. Singleton, Jr. awarded $7,500 in attorney fees following a jury verdict that found New York prison officials had violated the First Amendment in …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
CDCR Pays $7,500 to Resolve Payment Dispute in Employee Sexual Harassment Suit by In February 2009, the California Department of Corrections and Rehabilitation (CDCR) agreed to pay $7,500 to settle a payment dispute over a lawsuit filed by psychotherapist Sallie Mae Bradley for alleged sexual harassment by a CDCR Chaplain, …
PLN Settles Censorship Suit Against South Carolina Jail; County Agrees to Pay $599,900 and Change Policies by On January 10, 2012, Prison Legal News settled a First Amendment censorship suit against the Sheriff’s Office for Berkeley County, South Carolina. The settlement includes changes at the Berkeley County Detention Center (BCDC) …
Article • January 15, 2012 • from PLN January, 2012
California Muslim Prisoner Afforded Access to Kosher Diet Pending Implementation of “Religious Meat Alternate Program” by by Mike Brodheim In February 2010, the California Department of Corrections and Rehabilitation (CDCR) entered into a stipulated settlement agreement with Muslim prisoner Askia Ashanti, providing him with access to CDCR’s Jewish Kosher Diet …
Article • December 15, 2011 • from PLN December, 2011
$227,500 Settlement in Suit by Former Minnesota DOC Prison Chaplain by A former Minnesota prison chaplain has settled a lawsuit against state officials after she lost her job for raising concerns about the constitutionality of the InnerChange Freedom Initiative (IFI) program. Kristine Holmgren was employed by the Minnesota Department of …
Article • December 15, 2011 • from PLN December, 2011
Indiana DOC’s Refusal to Provide Kosher Meals Violates RLUIPA by Brandon Sample The Indiana Department of Corrections (DOC) must provide kosher meals to prisoners who require a kosher diet to properly exercise their religious beliefs, U.S. District Court Judge Jane Magnus-Stinson held on November 1, 2010. Judge Magnus-Stinson’s decision was …
Virginia Prisoners Held in Segregation Over 10 Years for Violating DOC Grooming Policy by Justin Miller A number of prisoners in Virginia have been held in segregation for more than a decade because they refuse to cut their hair or beards on religious grounds. Since December 1999, the Virginia Department …
Brief • November 21, 2011
Filed under: Religious Diet
White v. Ryan, AZ, Complaint, Right to Religious Worship, 2011 _ _ _ _ _ Documenr 12 Filed 11/21/11 Page 1 of 7 Page 5 of 10 Date F1 ed: 10/28/2011 Document#: 10-2 Case: ] f.«ETR.Iu ~ M,. Wf±I-T& Nfy1c and Prisonerffiooking Number §][@%/} JT/Yi€ {'/IJ:JD µ Co ::#=- .-..11(,F,r- …
Ninth Circuit: PLRA Precludes Award of Attorney Fees Where Violation of Prisoner’s Rights is Not Affirmatively Established by The Ninth Circuit held that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d)(1), precludes an award of attorney fees in cases where a prisoner obtained relief but did not affirmatively …
Article • November 15, 2011 • from PLN November, 2011
New York Court Sentences Rabbi to Four Years in Prison by In a case that garnered widespread publicity, Milton Balkany, a Brooklyn, New York rabbi, received a four-year federal prison sentence for extortion. U.S. District Court Judge Denise L. Cote found that Balkany, 64, dean of the Bais Yaakov day …
Article • November 15, 2011 • from PLN November, 2011
Tenth Circuit Rules Denial of Halal Diet May Violate RLUIPA by Michael Brodheim by Mike Brodheim The denial of a halal diet to a Muslim prisoner may violate the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc to 2000cc-5, the Tenth Circuit held on April 2, …
Article • November 15, 2011 • from PLN November, 2011
Tenth Circuit Rules Oklahoma Prisoner Exhausted Administrative Remedies by The U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of an Oklahoma prisoner’s civil rights lawsuit against prison officials for refusing to provide him with a vegetarian diet consistent with his faith. In reversing the district court, the …
Article • November 15, 2011
Washington DOC Pays $1,100 for Failing to Provide Kosher Meals by On August 16, 2004, the State of Washington paid $1,100 to settle with a state prisoner who sued the Department of Corrections for failing to provide kosher meals. The suit was filed in the U.S. District Court for the …
Article • November 15, 2011
Consent Decree Sets Religious Diet Regulations at Wyoming State Prison by Based upon a negotiated settlement, a Wyoming federal district court entered a consent decree that establishes rights for prisoners around religious diet regulations at the Wyoming State Prison (WSP). The suit was brought by two Muslim prisoners, Joseph Miller …
Davis et al v. Abercrombie et al, HI, Complaint, CCA religious discrimination denial retaliation, 2011 Case 1:11-cv-00144-LEK -BMK Document 42 Filed 11/14/11 Page 1 of 126 821 PageID #: NATIVE HAWAIIAN LEGAL CORPORATION 1164 Bishop Street, Suite 1205 Honolulu, Hawaii 96813 Telephone: (808) 521-2302 Fax: (808) 537-4268 ANDREW B. SPRENGER …
Brief • October 12, 2011
Gartrell v. FBOP, PA, Order denying of Def MTD, RFRA Bivens Action Muslim prayer times and locations, 2011 Case 1:10-cv-02160-WWC Document 39 Filed 10/12/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ISADORE GARTRELL, Plaintiff v. FEDERAL BUREAU OF PRISONS, et al., …
Article • September 15, 2011
Denial of Separate Religious Services Leads to Sectarian Tension Between New York Shiite and Sunni Prisoners by Matthew Clarke by Matt Clarke Shiite Muslim prisoners in New York state prisons have long sought their own services separate from the majority Sunni Muslims. A recent federal court of appeals decision may …
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