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Article • May 15, 2007
Muslim Prisoner Entitled to Prayer Oil; RLUIPA Held Constitutional by A federal district court in Wisconsin has held that a Muslim prisoner is entitled to possess prayer oil in his cell, and held the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) is constitutional. Prisoner Jerry Charles filed …
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the …
Article • May 15, 2007
New York DOC Beard Ban Held Unconstitutional On Remand by The United States District Court for the District of New York held that a New York Department of Corrections (DOC) policy banning beards in excess of one inch in length was unconstitutional as applied to a Jewish prisoner. Yevgen Fromer, …
Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity by Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity A Virginia federal district court held that officials at the Indian Creek Correctional Center violated a prisoner's First Amendment rights under the Establishment …
Muslim Prisoners Awarded $9,000 for Religious Suppression by A New York Federal District Court awarded three prisoners at Attica State Prison $3,000 each for the Commissioner of Corrections; Paul McGinnis, failure to promulgate regulations that allow the prisoners to practice the religion of Islam as members of the Nation of …
Summary Judgment on Religious Exercise Affirmed in Part and Reversed in Part by The U.S. Eighth Circuit Court of Appeals has affirmed in part and reversed and remanded in part a grant of summary judgment to Arkansas prison officials in a case involving free exercise of religion. Terry Procter is …
Punishment for Religious Fasting States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed an Iowa prisoner's free exercise claim that he had been placed in segregation for religious fasting. The court held that pre service dismissal was erroneous because …
Kansas Federal Court Issues Preliminary Injunction on In-Cell Book Cap by By Matthew T. Clarke A federal district court in Kansas has issued a preliminary injunction requiring state prison officials to retain and give a prisoner access to religious books in excess of the 15-book maximum allow in a cell. …
Article • May 15, 2007
Dismissal of Complaint Seeking Vegetarian Diet and Religious Beads Reversed by Florida's First District Court of Appeal has reversed a trial Court's dismissal of a complaint seeking injunctive relief requiring prison officials to provide a prisoner to be served a religious diet and to possess religious beads. The prisoner was …
Article • May 15, 2007
Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed by Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed Kansas state prisoner Jimmy Searles filed a Federal civil rights complaint against State Department of Corrections (DOC) personnel for allegedly violating his First Amendment right to freedom …
$1,000 Verdict in Religious Freedom Case by Michigan prisoner David Marsh is a follower of Wicca. He had previously prevailed in a lawsuit requiring the Michigan Department of Corrections to recognize Wicca as a religion. Despite that order, prison officials refused Marsh the opportunity to practice a part of his …
VA Muslim Prisoner's Suit Over Retaliation, Clergy, Diet Dismissed by The plaintiff, a member of the Nation of Islam, complained that he was barred from services for two months after a dispute with the chaplain. The exclusion met the Turner standard. At 529: "In a prison setting, avoiding conflict is …
No Qualified Immunity for Force Feeding Prisoner Who Agrees to Eat by The Muslim plaintiff fasted periodically for three to 15 days. On the fourth day of a fast, the defendant doctor declared him to be on a "hunger strike" and said he was lethargic, slow walking and talked with …
Article • May 15, 2007
Religious Immunization Exemption Statute in Arkansas Voided by A religious exemption from a school immunization statute, which was limited to persons belonging to a "recognized church or religious denomination," application for which was evaluated based on factors including the address of the church, the number of members, times and places …
Article • May 15, 2007
Qualified Immunity for Maryland Officials Requiring Jewish Prisoner to Clean Cell on Sabbath by Qualified Immunity for Maryland Officials Requiring Jewish Prisoner to Clean Cell on Sabbath Prison officials' designation of Saturday as cell cleanup day violated the Free Exercise clause as applied to an Orthodox Jewish prisoner. (They made …
Forced Prayers in Drug Treatment Program May Violate Establishment Clause by The plaintiff alleged that she enrolled in a voluntary drug treatment program which turned out to close every day with a prayer ceremony. Though she was not required to verbalize a prayer, she was required to participate by standing …
Article • May 15, 2007
No Right To Halal Meat for Washington State Prisoner If Kosher Fits Religious Needs by No Right To Halal Meat for Washington State Prisoner If Kosher Fits Religious Needs Pro se Washington State prisoner and Muslim Linniell Phipps claimed constitutional violations when his facility substituted Kosher meals for Halal meat. …
Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams by Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams The U.S. District Court for the Southern District of New York, on motions for partial summary judgment and to dismiss, held that a New York Department of Correctional Services …
Article • May 15, 2007
Censorship of Muslim Literature Struck Down, Detainees Have Right to Confidential Contact with Counsel by The court of appeals for the Fifth circuit affirmed a district court's injunction-prohibiting the Fast Paton Rouge sheriff in Louisiana from censoring the Koran and Muhammad Speaks to jail prisoners. The court reversed dismissal of …
Denial of Religious Services in Segregation States Claim by The court of appeals for the Second circuit held that New York prisoner had stated a claim that his religious rights were violated when he was denied access to religious services in segregation. Court also held that the-prisoner's claim that he …
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