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BOP Removes Religious Books; Capitulates After Public Outrage, Lawsuit by In June 2007, the Federal Bureau of Prisons (BOP) began removing thousands of religious books from its prison chapels. The purge of religious literature, which occurred nationwide, was part of a long-delayed post-September 11 directive intended to prevent radical Islamic …
Article • January 15, 2008
SJ Reversed on Massachusetts Religious Diet Claims; MA Constitution Affords Greater Protections than U.S. Constitution by In a unanimous decision, Massachusetts' highest court reversed summary judgment on Muslim prisoners' claims that they were denied halal meat, which is required by their faith. Muslim prisoners Rashard Rasheed and Nathaniel Bilal Ahmad …
Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings. The district court erred in failing to address the defense in the summary judgment …
Article • January 15, 2008
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 …
Article • January 15, 2008 • from PLN January, 2008
Texas Prisoners May Have Right to Extra Storage Space for Religious Materials by Matthew Clarke by Matthew T. Clarke A Texas court of appeals held that state prisoners may have a right to extra storage space for religious materials. Jeffery Balawajder, a Texas state prisoner, brought suit in state court …
Article • January 15, 2008 • from PLN January, 2008
Fourth Circuit Finds Virginia Prisoner’s Religious Exercise Claim Meritorious by Michael Rigby Fourth Circuit Finds Virginia Prisoner's Religious Exercise Claim Meritorious by Michael Rigby The U.S. Fourth Circuit Court of Appeals vacated and remanded a district court?s grant of summary judgment to prison officials who had denied a Virginia prisoner …
Eighth Circuit Holds State Funding of Iowa Faith-Based Prison Unconstitutional by Michael Rigby On December 3, 2007, a three-judge panel of the U.S. 8th Circuit Court of Appeals held that partial state funding of a religious-based prison program in Iowa was unconstitutional. The Court further held that InnerChange, a division …
Article • January 15, 2008 • from PLN January, 2008
Iowa Faith-Based Program Held Unconstitutional by 8th Circuit; Continues with Private Funding by Previously, PLN reported an Iowa federal district court ruling which held that the InnerChange Freedom Initiatives, a faith-based prison program that received state funding, violated the First Amendment?s establishment clause. [See: PLN, July 2006, pg.18]. As noted …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
California DOC Settles Federal Suit to Permit Bible Study Materials; Establishes Pilot Program For Screening Books and CDs by John Dannenberg by John E. Dannenberg The California Department of Corrections and Rehabilitation (CDCR) settled a lawsuit brought by Jesus Christ Prison Ministry (JCPM) that sought to overcome CDCR's rigid bar …
Missing Ramadan Deadline Insufficient Cause to Deny Right to Attend by Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner's free exercise of religion claim, finding that missing a sign-up deadline for Ramadan was an insufficient reason to deny a …
Article • December 15, 2007
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 …
Summary Judgment Reversed on Denial of Prisoner Atheist Group by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed a summary judgment against a Wisconsin state prisoner whose request to form a prisoner atheist group was denied by the Wisconsin Department of …
Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
Tenth Circuit OKs First Raising Qualified Immunity on SJ by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings, and the district court erred in failing to address the defense in the summary judgment …
California Prison Chaplain’s Sexual Harassment of Female Employee Yields $439,000 Jury Verdict by California Prison Chaplain's Sexual Harassment of Female Employee Yields $439,000 Jury Verdict A California prison employee who was sexually harassed by a Muslim chaplain was awarded $439,000. Sallie Mae Bradley was a temporary social worker at Corcoran …
Article • October 15, 2007 • from PLN October, 2007
Arkansas Prisoner Denied Kosher Diet Awarded $1,500 by On August 25, 2006, the Director of the Arkansas Department of Corrections was ordered to pay state prisoner Michael Fegans $1,500 for violating his constitutional rights to a kosher diet. Fegans is a devout member of the Assemblies of Yahweh, a religious …
20 Florida Prison Officials Fired or Suspended After Prisoner Beating, Party by David Reutter by David M. Reutter Continuing his quest to clean up the chronically corrupt Florida Department of Corrections (FDOC), Secretary James McDonough fired or suspended at least 20 officials at Hendry Correctional Institution (HCI) for actions related …
Clergyman to Stand Trial for "Dirty War" Crimes in Argentina by Marie Trigona | July 25, 2007 A much awaited human rights abuse trial is underway in Argentina. The accused is a catholic priest charged with carrying out human rights abuses while working in several clandestine detention centers during the …
Article • July 15, 2007 • from PLN July, 2007
Pennsylvania DOC Settles Religious Dietary Suit by On December 26, 2006, the Pennsylvania Department of Corrections (DOC) agreed to provide substitute meals to state prisoner Alfonso Pew whenever pork is served. Pew claimed that while imprisoned in the Restrictive Housing Unit, prison officials refused to provide peanut butter or any …
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