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Article • December 15, 2003
RFRA Still Applies to Federal Government by The Religious Freedom Restoration Act remains applicable to federal entities notwithstanding the decision in City of Boerne that its application to states exceeded Congress's remedial authority under section 5 of the Fourteenth Amendment. At 1219: "Of course, Congress uses its enumerated powers in …
Courts Retain Power To Grant TROs Under PLRA by The District of Columbia (DC) Court of Appeals has vacated a district court ruling on the merits of a prisoner lawsuit where the district court also found that the prisoner plaintiffs failed to exhaust administrative remedies prior to filing suit. Louis …
Religious Discrimination, Unsanitary Food Suit Denied Summary Judgment by The United States District Court for the District of Columbia has partly granted, and mostly denied, the defendants' motions for summary judgment on a District of Columbia (D.C.) prisoner's claims that he was racially discriminated against by the defendants' arbitrary handling …
Tenth Circuit Discusses Religious Rights in BOP by Yu Kikumura is a federal political prisoner and member of the Japanese Red Army, who has been greatly harassed by authorities during his incarceration. His religious practices mix Buddhism and Christianity. Beginning in 1997, Kikumura tried to obtain pastoral visits from Reverend …
Retaliation Claim Remanded for Hearing on Qualified Immunity by Ronald Young Retaliation Claim Remanded For Hearing On Qualified Immunity By Ronald Young The court of appeals for the Second circuit held that a district court's denial of summary judgement to prison guards on grounds of qualified immunity required remand to …
Article • May 15, 2000 • from PLN May, 2000
Claim For Prospective Relief Moot Upon Release by Ronald Young The court of appeals for the Tenth circuit held that when a prisoner's claim for perspective injunctive relief regarding conditions of confinement becomes moot, the prisoner's parole or supervised release status does not, absent some exceptional showing, bring that claim …
Article • December 15, 1998 • from PLN December, 1998
RFRA Still Applies to Federal Government by The court of appeals for the eighth circuit held that the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, still applies to the federal government. In the September, 1997, issue of PLN we reported City of Boerne v. Flores , 117 S.Ct. 2157 …
AZ Jail's Discriminatory Treatment of Muslims Requires Trial by The court of appeals for the ninth circuit held that a district court erred when it granted summary judgment to jail officials regarding claims of discriminatory treatment by a Muslim jail prisoner. Benjamin Freeman was held in the Maricopa county jail …
Article • December 15, 1997 • from PLN December, 1997
Supreme Court Rulings Trickle Down: RFRA by In the April, 1997, issue we reported the seventh circuit's ruling in O'Leary v. Mack, 80 F.3d 1175 (7th Cir. 1996) where the appeals court interpreted the Religious Freedom Restoration Act. The U.S. supreme court has vacated that ruling for reconsideration in light …
Fourth Amendment Forbids Taping of Jail Confession to Clergy by The court of appeals for the ninth circuit held that state prosecutors, judges and jail officials violated the fourth amendment and the now defunct Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, by secretly taping the confession a jail …
Article • October 15, 1997 • from PLN October, 1997
Arizona Prisoner Entitled to Kosher Diet by The court of appeals for the ninth circuit held that a district court erred when it upheld the denial of Kosher meals to Jewish prisoners in Arizona. Kenneth Ashelman is one of 70 Jewish prisoners in the Arizona DOC. Prison officials in that …
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
Article • September 15, 1997 • from PLN September, 1997
Supreme Court Strikes Down RFRA as Unconstitutional by On June 25, 1997, the United States supreme court struck down as unconstitutional the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In 1993 the RFRA was enacted by congress in response to the supreme court ruling in Employment Division, Dept. …
Physical Injury Requirement Not Retroactive by A federal district court in New York held that 42 U.S.C. § 1997e(e), a section of the PLRA which requires prisoners to sustain physical injury before they can seek money damages, is not retroactive to claims arising before the PLRA's April 26, 1996, enactment. …
TB Isolation May Violate RFRA by A federal district court in Indiana held that a prison policy of isolating Muslim prisoners who refused tuberculosis screening tests may violate the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) and the eighth amendment. Indiana prisoners who refuse TB tests involving the …
Article • June 15, 1997 • from PLN June, 1997
Wisconsin RFRA Jewelry Ruling Affirmed by The court of appeals for the seventh circuit held that a prison policy prohibiting prisoners from wearing crucifixes and all other religious jewelry violated the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In the August, 1996, issue of PLN we reported Sasnett …
RFRA Allows Redaction of Religious Publication by The court of appeals for the eleventh circuit held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, is not violated when prison officials censor only portions of a religious publication. This is the first eleventh circuit ruling to interpret the …
Seventh Circuit Analyzes RFRA by The court of appeals for the seventh circuit gave its first ruling on the application of the Religious Freedom Restoration Act (RFRA) to prison cases in that circuit and in doing so defined what constitutes a "substantial burden" on religious practcies. The court consolidated two …
Satanist Claim Goes to Trial by A federal district court in New York held that prison officials failed to show any legitimate penological interest in denying a Satanist the right to practice his faith in prison. Alfredo Ramirez is a New York state prisoner and a Satanist. He filed suit …
PI Granted in Haircut Claim by A federal district court in Kentucky granted a motion for a Preliminary Injunction (PI) to a Hasidic Jew whose claimed his religious beliefs were violated when prison officials forced him to cut his hair. Several Kentucky state prisoners in Protective Custody (PC) filed suit …
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