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10th Circuit Weighs 1st Amendment Rights for Muslim Prisoners by The Tenth Circuit Court of Appeals in March, 1972, reversed and remanded a § 1983 complaint wherein Petitioner alleged certain religious liberties, violations, and mail issues. Prior to the instant action, Petitioner Eddie Hoggro brought his cause before the U.S. …
BOP's Motion to Dismiss Religious Discrimination Case Denied by A North Carolina District Court has denied the Federal Bureau of Prisons (BOP) motion to dismiss prisoners Lascelles Somie and Oral Malcolm's complaint alleging that the BOP failed to permit them to exercise their Twelve-Tribe Rastafarian religion. The plaintiffs had claimed …
Fourth Circuit Reverses Muslim Prisoner Mail Restrictions by The Fourth Circuit Court of Appeals remanded for an evidentiary hearing to determine if Muslim publications were a threat to prison security. Appellant/Plaintiff Richard X. Brown brought before the Fourth Circuit Court of Appeals in October, 1970, his § 1983 claim for …
Gartrell v. FBOP, PA, Gartrell Expert Policy Proposal, RFRA Bivens Action Muslim prayer times and locations, 2012 CONFIDENTIAL SUBJECT TO FRE 408 FOR SETTLEMENT PURPOSES ONLY Isadore Gartrell v. Federal Bureau of Prisons, et al. FCI Schuylkill Muslim Prayer Policy Proposal This Muslim Prayer Policy Proposal sets forth alternatives to …
Brief • April 16, 2012
Gartrell v. FBOP, PA, Settlement Agreement, RFRA Bivens Action Muslim prayer times and locations, 2012 555 Eleventh Street, NW., Suite 1000 Washington, D.C. 20004-1304 Tel +1.202.637.2200 Fax +1.202.637.2201 www.lw.com LATH AM&WAT KIN SLLP April 16, 2012 Ronald Reagan Federal Building Suite 220 228 Walnut Street P.O. Box 11754 Harrisburg, PA …
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 …
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