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Article • August 15, 2008
Refusal of TB Test on Religious Grounds Discussed by The plaintiff refused a PPD on religious (MOVE) grounds and was placed in administrative custody and kept there even after he submitted to a chest x-ray, which was negative. There is no evidence that MOVE is actually a religion (and the …
Supervisory Officials Liable for Denial of Religious Services by The plaintiff complained that inmates in a particular unit were not permitted to attend Muslim services. His injunctive claim is moot because he has been released. However, he may be entitled to damages, and even nominal damages would support an award …
Article • August 15, 2008 • from PLN August, 2008
Muslim Virginia Prisoner Entitled to 2,200 Calories During Ramadan by A federal district court has issued a preliminary injunction requiring the Virginia Department of Corrections (VDOC) to provide a Muslim prisoner with “food items containing 2,200 calories” daily during Ramadan, a month-long period of religious fasting. This action was brought …
Article • August 15, 2008
Factual Allegations Sufficient for Nutritional and Retaliation Claims to Proceed by by Robert Williams Holding that sufficient facts had been alleged, the U.S. Court of Appeals for the Tenth Circuit reversed a lower court’s dismissal of a prisoner’s claim of inadequate nutrition and retaliation for filing grievances. Michael Strope, a …
Article • August 15, 2008
California Indian Prisoners Ordered To Practice Religion At Own Expense by California federal Indian prisoners brought a class action suit against the Federal Correctional Institution (FCI) at Lompoc in 1977 for the inability to access a sweat lodge the lodge was ordered built at the plaintiffs' expense. Terry Bear Ribs, …
Kansas DOC Restrictions on Thelema Religion Upheld by The plaintiff complained of restrictions on his religious practice as a follower of the First Hermetic Order of Thelema, a religion founded in 1904 by Aleister Crowley. Prison officials recognized the religion and arranged for a visit from Thelemic clergy from the …
Article • August 15, 2008
No Constitutional Right To Watch T.V. In California Jail by California State pro se prisoner Andrew Andersen appealed the dismissal of his § 1983 and state violation action. He alleged television access violations, subjection to a single religion and misuse of prisoner funds while detained in the Orange County Jail. …
North Dakota DOC's "No-Passing" and "Publisher Only" Rules Upheld by The Supreme Court of North Dakota has upheld the constitutionality of the "no-passing" and "publisher-only" rules of the North Dakota Department of Corrections (DOC). Reuben Larson, a North Dakota state prisoner, filed a petition for a writ of certiorari in …
Article • August 15, 2008
Outside Spiritual Leaders Must be Allowed Access to Prisoners by In 2004, prisoners at the Indiana State Penitentiary were denied Moorish Science services because spiritual leaders were suspended from entering the prison. The warden said the suspension was only temporary, but wasn’t clear about what had to be done to …
Shaheed v. USA, IL, Amended Complaint, Muslim Mistreatment, 2008 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS Hakeem Shaheed, ) ) Plaintiff, ) ) vs. ) ) United States of America, Michael K. Nalley, ) Regional Director of the North Central Region of the U.S. Bureau of Prisons, …
Article • July 15, 2008
Alabama DOC Settles Witchcraft Suit for $7,500 by An Alabama prisoner who was denied the right to exercise his religious beliefs was paid $7,500 to settle the case. Alabama prisoner Timothy Hornsby sued in state court alleging that he suffered mental anguish when prison officials denied him the right to …
Article • July 15, 2008
New York DOC Settles Guard's Religious Observance Suit for $50,000 by Abdul Haqq, a New York state Department of Correctional Services (DOC) guard and devout Muslim, was ordered to stop wearing his kufi (small close-fitting skullcap) at work. He filed suit in federal district court, alleging that the same violated …
New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation by On June 21, 2006, a New York Court of Claims awarded $500 to a prisoner who claimed he was kept in “almost total isolation” for 20 days while housed at the Elmira Correctional Facility in order to attend two …
OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites by Ralf Beasley, an Ohio state prisoner, wanted to convert to Orthodox Judaism, but to do so he would have to visit an outside synagogue to receive a ritual bath called a Mikvah. When prison officials refused …
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 …
Article • June 15, 2008
Maryland Settles Suit Over Guard Wearing Dreadlocks by On 05-24-04, Maryland settled a suit brought by a prison guard who was disciplined for failing to cut his dreadlocks. Jonathan Booth was a 35-year old, married, black Maryland prison guard when he was ordered to cut his dreadlocks. Booth, who is …
Article • June 15, 2008
Kansas Prisoner not Consumer under State Consumer Protection Act by Nathaniel Ellibee, a Kansas state prisoner, sued the vender which provides meals for the state Department of Corrections (DOC) in state court under the state Consumer Protection Act (Act) because the vender wasn't providing kosher meals. The trial court dismissed …
Article • May 15, 2008
Massachusetts DOC Denial of Ramadan Food to Prisoner in Seg Upheld by In an earlier opinion, 44 F.Supp.2d 400 (D.Mass. 1999), the court denied summary judgment to defendants on the request of the Muslim plaintiff, serving 10 years in segregation, that he be provided cereal, peanut butter, etc., three days …
Federal Prison Staff Are Law Enforcement Official For Purposes Of FTCA Claims by Daniel E. Manville by Dan Manville Federal prisoners are no longer able to sue pursuant to the Federal Tort Claims Act (FTCA) for property that was negligently lost or destroyed by federal prison staff. In Ali v. …
Brief • March 5, 2008
Hudson v. Dennehy, MA, Order, Religious Rights Violation, 2008 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 01-CV-12145-RGS MAC HUDSON AND DERRICK TYLER v. KATHLEEN DENNEHY, in her official capacity as Commissioner of the Massachusetts Department of Correction FINDINGS OF FACT, RULINGS OF LAW, AND ORDER AFTER A …
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