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New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages by A New Mexico prisoner has prevailed in a religious freedom case that vindicated his right to practice his Native American beliefs. The lawsuit resulted in a settlement in April 2009 that specified the religious practices prison …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath by On April 13, 2009, U.S. District Court Judge Harry F. Barnes adopted a magistrate’s report and recommendation that found an Arkansas prisoner should be awarded $625 after being punished for refusing to work on the Sabbath. …
Article • February 15, 2010 • from PLN February, 2010
Special Treatment for Jewish Prisoners, Rappers Leads to Employee Discipline, Resignations at New York Jails by Gary Hunter Five corrections employees at the Manhattan Detention Complex in New York City, also called “the Tombs,” were disciplined after it was learned that the jail chaplain in charge of Jewish affairs threw …
Article • February 15, 2010 • from PLN February, 2010
Eighth Circuit Upholds $1,500 Award for Failure to Provide Kosher Diet; Grooming Restrictions Also Upheld by The Eighth Circuit Court of Appeals upheld a district court’s award of $1,500 to an Arkansas prisoner who was denied kosher meals. The Court of Appeals also affirmed the lower court’s ruling that upheld …
BOP Settles FTCA Abuse/Religious Discrimination Suit for $48,000 by Brandon Sample O n August 12, 2009, the Federal Bureau of Prisons (BOP) agreed to settle a lawsuit by a Muslim former prisoner who alleged that he was tortured and beaten after complaining to investigators about his Quar’an and Kufi being …
South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation by The South Dakota Supreme Court has ruled that a state prisoner can bring a third-party beneficiary claim to enforce a settlement agreement between the South Dakota Department of Corrections (DOC) and another prisoner. Charles E. Sisney, a DOC prisoner, filed …
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 …
Article • January 15, 2010
Yankees Settle Suit Over Restrictions On Fans by The City of New York in conjunction with the New York Yankees baseball team has settled a lawsuit brought by a fan who alleged that the Yankees restricted him and other fans from moving around during the playing of “God Bless America.” …
Sweat Lodges in American Prisons (2005) by Significance of the Sweat Lodge Sweat lodges are salient features of a remarkable number of native traditions across North America from the Great Lakes to the Southwest. From Minnesota's Mille Lacs Ojibwe to Plains communities like the Lakota to Southwestern peoples like the …
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 …
Catholic Mass and Sacraments Made Available to Louisiana’s Death Row by Officials at the Louisiana State Prison (LSP), better known as Angola, have agreed to a settlement agreement in a lawsuit alleging a prisoner’s rights were violated by the officials’ mandating of Baptist religious television to the exclusion of all …
Sikh Inmates Caught in Maze of Vague Rules by California state prisons continue to operate under a patchwork mosaic of policy for accommodating Sikh religion-mandated turbans and beards, despite three-year-old regulations specifically crafted to meet the community’s religious requirements. Many state prison facilities are unaware that the California Department of …
Article • December 15, 2009
Post-Incarceration Name-Change Places Undue Burden on State by In a decision filed on June 16, 2009, a Wisconsin appeals court affirmed a circuit court's ruling to deny a prisoner's motion to amend his Judgment of Conviction to reflect his common law spiritual name. Jermaine Smith, a prisoner at the Green …
Article • September 15, 2009 • from PLN September, 2009
Maryland Prisoners Receive Kosher Food by Brandon Sample Beginning on April 9, 2009, The Maryland Department of Public Safety and Correctional Services (DPSCS) started providing kosher meals to state prisoners with religious dietary needs. The decision to provide kosher food came after a meeting between the Secretary of the DPSCS …
Article • September 15, 2009
$9,000 Settlement for Sexual Assault by Seattle Jail Chaplain by Washington State’s King County paid $8,935.92 to settle the law suit of Terry Shanklin, who claimed he was sexually assaulted by Regional Justice Center Chaplain Warren Ungles from April 30 to May 10, 2001. Shanklin says he was coerced into …
Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that restrictions on prisoners in administrative segregation (ad seg) at the jail in Orange County, California, related to exercise and group …
Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act by Margo Schlanger by Margo Schlanger and Giovanna Shay** Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to …
Article • July 15, 2009
Prison Officials May Limit Access to Tarot Cards Under RLUIPA by The Eighth Circuit Court of Appeals has affirmed an Arkansas federal district court’s order that held a prison policy that requires prisoners to check out tarot cards from a chaplain and prohibits keeping cards in cells does not violate …
Prohibiting Decorations on Outgoing Envelope Not Violative of RLUIPA by The Fifth Circuit Court of Appeals has held that a Texas prison policy that prohibits prisoners from drawing illustrations or messages on envelopes does not violate a prisoner’s rights. Prisoner Robert N. Smithback filed a civil rights action that claimed …
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