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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 …
Muslim Prisoners Cannot be Forced to Handle Pork; Qualified Immunity Denied by The Third Circuit Court of Appeals held that a Muslim prisoner’s complaint that prison officials disciplined him for refusing to handle pork stated a claim under the First Amendment and the Religious Land Use and Institutionalized Persons Act …
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 …
Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations by Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations The Ninth Circuit U.S. Court of Appeals has held that evidence of ongoing American with Disabilities Act (ADA) violations …
Article • February 15, 2009 • from PLN February, 2009
Behavior Modification Training to Become Part of Washington State DOC by Behavior Modification Training to Become Part of Washington State DOC Governor Chris Gregoire signed Senate Bill 6400 into law on March 20, 2008. The bill enacts a revolutionary concept designed to correct what politicians perceive to be, the morally …
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 • December 15, 2008 • from PLN December, 2008
Wyoming American Indian Prisoner Wins Consent Decree to Receive Feathers by Wyoming American Indian Prisoner Wins Consent Decree to Receive Feathers In a victory for American Indian prisoners, the Wyoming State Penitentiary (WSP) has entered into a consent decree that allows a prisoner to possess up to four eagle feathers …
Article • December 15, 2008 • from PLN December, 2008
Indiana DOC Policy Banning Group Worship by Odinists Enjoined by John Dannenberg by John E. Dannenberg On June 19, 2008, a U.S. District Court held that the Indiana Department of Corrections (IDOC) failed to meet its burden of proving that a blanket ban on group worship by Odinists was the …
Article • December 15, 2008 • from PLN December, 2008
Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner by Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner On June 11, 2008, following a non-jury trial in an action brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA), a U.S. District Court directed the Commissioner …
Brief • December 3, 2008
Thompson v. Ricci, NJ, Complaint, prohibition of inmate preaching religious services, 2008
Brief • December 3, 2008
Thompson v. Ricci, NJ, MiS Plf Mot PI, prohibition of inmate preaching religious services, 2008
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 …
$204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample $204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample On May 5, 2008, Joseph F. Batallion, Chief Judge of the U.S. District Court …
Segregated Massachusetts Nation of Islam Prisoners Entitled to Halal Menu and Jum’ah Prayers; $237,299.25 in Attorney Fees Awarded by The U.S. District Court for Massachusetts granted declaratory relief to two maximum-security Nation of Islam (NOI) prisoners who had sued for a Halal (Muslim religious dietary) menu and participation in daily …
Article • October 15, 2008 • from PLN October, 2008
Federal Prisoner in State Jail Custody Illegally Denied State Court Name Change Petition by Federal Prisoner in State Jail Custody Illegally Denied State Court Name Change Petition The California Court of Appeal has reversed the Fresno Superior Court’s denial of a name-change petition filed by a federal prisoner awaiting sentencing …
Brief • September 30, 2008
Filed under: Religious Freedom
Kinslow v. New Mexico Corrections Dept., Order Adopting Second Report and Rec, Native American RLUIPA Violation, 2008 Case 6:07-cv-01164-MV-RLP Document 50 Filed 09/30/2008 Page 1 of 1 FILED UNITED STATES !;)ISTRICT COURT COURT SANTA FE, NEW MEXICO IN THE UNITED STATES DISTRICT FOR THE DISTRICT OF NEW MEXICO SEP 30 …
Sample v. Lappin, DC, Settlement Agreement and Dismissal, 2008 Case 1:05-cv-00596-PLF Document 67 Filed 09/24/2008 Page 1 of 7 FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SEP 2 Ii 2008 NANCY M/IYER WHITTINGTON, CLERK u.s. DISTRICT COURT BRANDON SAMPLE, Plaintiff, v. Civil Action No. 05-596 PLF HARLEY …
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