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Fourth Circuit Reverses Dismissal of Virginia Prisoner’s Religious Freedom Suit by The Fourth Circuit Court of Appeals reversed the dismissal of a Virginia prisoner’s civil rights action that raised claims related to his religious practices and medical care. Prisoner Jesus Emmanuel Jehovah’s complaint alleged prison officials violated his free exercise …
Publication • September 1, 2016
Filed under: RLUIPA
The Religious Land Use and Institutionalized Persons Act of 2000, Fathi, 2007 The Religious Land Use and Institutionalized Persons Act of 20001 David C. Fathi ACLU National Prison Project 915 15th St. N.W., 7th Floor Washington, DC 20005 (202) 548-6609 dfathi@npp-aclu.org Resources The Becket Fund for Religious Liberty maintains an …
Article • August 24, 2016
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land Use and Institutionalize Persons …
Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to …
Ackerman v. Washington, MI, Amended Complaint, Kosher Meals in Prison, 2016 Case 4:13-cv-14137-LVP-MKM ECF No. 90-1 filed 08/15/16 PageID.1200 Page 1 of 11 UNITED STATES DISTRICT COURT IN THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL ARNOLD, and Proposed CLASS MEMBERS, Plaintiffs, -v- Case No. 13-14137 Hon. LINDA V. PARKER …
Hawaiian Prisoners’ Religious Freedom Lawsuit Certified as Class Action by Derek Gilna Native Hawaiians have a rich religious history, with elaborate rituals and sacred objects, which is a significant part of their culture.  Interference with the free exercise of these traditional religious practices at Saguaro Correctional Center in Arizona where …
California Housing Classifications May Burden Religious Freedom, but Constitutional Liability Overcomes Burden by The Ninth Circuit Court of Appeals held a prisoner stated a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) that his classification as racially eligible to house with non-“Aryan” prisoners interfered with his religious …
Article • June 3, 2016 • from PLN June, 2016
Fifth Circuit Holds Texas Prisoner Has Right to Grow “Fist-Length” Beard by Pursuant to the U.S. Supreme Court’s recent decision in Holt v. Hobbs, 135 S.Ct. 853 (2015) [PLN, Aug. 2015, p.50], the Texas Department of Criminal Justice (TDCJ) changed its grooming policy on August 1, 2015. The new policy …
Article • June 3, 2016 • from PLN June, 2016
Massachusetts Supreme Judicial Court Finds DOC Violated RLUIPA, Prior Settlement Agreement by Derek Gilna Massachusetts state prisoners Randall Trapp and Robert Ferreira filed an amended complaint in Superior Court that accused the Department of Corrections (DOC) of violating a 2003 settlement agreement guaranteeing proper observance of Native American religious practices …
Colorado Court Finds Book Limitation Policy Violates Prisoner’s Religious Rights, but Case Reversed on Appeal by David Reutter A federal district court held that a Colorado Department of Corrections (CDOC) policy which limits prisoners in administrative segregation to having no more than two personal books at a time violates the …
Article • December 31, 2015 • from PLN January, 2016
Seventh Circuit Rules Wisconsin Prisoner’s Religious Rights Must be Honored by Derek Gilna Seventh Circuit Rules Wisconsin Prisoner’s Religious Rights Must be Honored by Derek Gilna David A. Schlemm, a Navajo tribe member confined in a Wisconsin state prison, sought to exercise his right to practice certain religious rituals required …
Federal Court Finds Texas Violates Rights of Muslim Prisoners by Matthew Clarke Federal Court Finds Texas Violates Rights of Muslim Prisoners by Matt Clarke On April 30, 2014, a federal district court held that the Texas Department of Criminal Justice (TDCJ) was violating the constitutional rights of Muslim prisoners by …
Article • November 10, 2015
Filed under: RLUIPA, Religious Diet
New Hampshire Prison Authorities Enjoined from Denying Kosher Diet to Observant Orthodox Jew by New Hampshire Prison Authorities Enjoined from Denying Kosher Diet to Observant Orthodox Jew In May 2007, a Federal District Court enjoined New Hampshire prison authorities from denying a kosher diet to an observant Orthodox Jew as …
Tenth Circuit Finds Prisoner's First Amendment Claim Substantive and Remands Case by Tenth Circuit Finds Prisoner's First Amendment Claim Substantive and Remands Case On March 10, 2014, the United States Court of Appeals for the Tenth Circuit held that a Colorado prisoner's civil rights claim against prison guards and officials …
Ind v. CDOC, CO, Order Vacating Judgment, RLUIPA Christian Separatism ad seg books, 2015.pdf Case 1:09-cv-00537-WJM-KLM Document 336 Filed 10/19/15 USDC Colorado Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 09-cv-0537-WJM-KLM JACOB IND, Plaintiff, v. COLORADO …
Article • October 16, 2015
PETA Backs Buddhist Prisoner’s Fish-Free Campaign in Connecticut by Mark Wilson PETA Backs Buddhist Prisoner’s Fish-Free Campaign in Connecticut by Mark Wilson “Clearly fish is meat,” said Jeff Kerr, an attorney for People for the Ethical Treatment of Animals (PETA). “They have thoughts. They have interests. They have a central …
Article • August 1, 2015 • from PLN August, 2015
Filed under: RLUIPA, Religious Grooming
Supreme Court Strikes Down Ban on Short Beard for Muslim Prisoner by Derek Gilna Supreme Court Strikes Down Ban on Short Beard for Muslim Prisoner by Derek Gilna In a unanimous decision, the U.S. Supreme Court found a restriction imposed on a Muslim prisoner who wanted to grow a short …
Article • June 12, 2015
Filed under: RLUIPA, Religious Grooming
Fifth Circuit: Texas May Not Enforce Rule Prohibiting Religious Beards by Matthew T. Clarke Fifth Circuit: Texas May Not Enforce Rule Prohibiting Religious Beards By Matt Clarke On April 2, 2013, the Fifth Circuit Court of Appeals held that the Texas Department of Criminal Justice could not continue to enforce …
Article • June 3, 2015 • from PLN June, 2015
Fifth Circuit Holds Texas Prisoner has Right to Free Kosher Meals by Matthew Clarke Fifth Circuit Holds Texas Prisoner has Right to Free Kosher Meals by Matt Clarke On December 21, 2012, in a lawsuit that still remains pending, the Fifth Circuit Court of Appeals held that a Jewish prisoner …
Brief • April 16, 2015
Filed under: RLUIPA, Religious Diet
Yahya v. Cerliano, TX, Amended Complaint, Religious Diet, 2015 Case 6:15-cv-00220-MHS-KNM Document 10 Filed 04/16/15 Page 1 of 11 PageID #: 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ) ) ) ) ) ) ) ) MOHAMED M. YAHYA, INMATE #114240, an …
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