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Ninth Circuit: PLRA Precludes Award of Attorney Fees Where Violation of Prisoner’s Rights is Not Affirmatively Established by The Ninth Circuit held that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d)(1), precludes an award of attorney fees in cases where a prisoner obtained relief but did not affirmatively …
Article • July 15, 2011
Fifth Circuit: Texas Muslim Prisoners May Have Right to Wear Beards by On November 21, 2007, the Fifth Circuit court of appeals ruled that Texas state prisoners who are Muslims may have the right to wear a beard. Fredrick Gooden and Garrett Gibb, Texas state prisoners, filed suit under 42 …
9th Circuit: Eleventh Amendment Bars Prisoner’s Claim for Damages under RLUIPA by The Ninth Circuit has held that a prisoner bringing suit under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1, may not obtain damages from state officials in their official capacities. California …
Article • February 15, 2011 • from PLN February, 2011
Fourth Circuit Vacates Summary Judgment on RLUIPA Haircut Claim, but Case Dismissed on Remand by The Fourth Circuit Court of Appeals vacated a district court’s decision granting summary judgment to officers and officials with the South Carolina Department of Corrections (SCDC) after they forcibly shaved a prisoner’s head in contravention …
Article • July 15, 2010
Washington DOC Agrees to Pay $1,000 to Prisoner Who Was Forced to Cut His Hair by On May 9, 2007, the Washington Department of Corrections (DOC) agreed to pay $1,000 to a prisoner who was forced to cut his hair. Sebastian Lubers had been growing his hair for five years …
Article • February 15, 2010 • from PLN February, 2010
Eighth Circuit Upholds $1,500 Award for Failure to Provide Kosher Diet; Grooming Restrictions Also Upheld by The Eighth Circuit Court of Appeals upheld a district court’s award of $1,500 to an Arkansas prisoner who was denied kosher meals. The Court of Appeals also affirmed the lower court’s ruling that upheld …
Sikh Inmates Caught in Maze of Vague Rules by California state prisons continue to operate under a patchwork mosaic of policy for accommodating Sikh religion-mandated turbans and beards, despite three-year-old regulations specifically crafted to meet the community’s religious requirements. Many state prison facilities are unaware that the California Department of …
Article • July 15, 2009
New York Haircut Requirement Held Unconstitutional by On November 11, 1986, the New York Court of Appeals upheld a lower court ruling striking down a New York regulation requiring prisoners to cut their hair during intake. Alfredo Lewis, a practicing Rastafarian, sued the New York Department of Corrections after he …
$45,000 Awarded to Muslim Woman Forced to Remove Headscarf at California Jail by On October 8, 2008, the County of San Bernadino and Sheriff Gary Penrod agreed to settle a lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the First Amendment. Jameelah …
Nebraska Muslim Prisoner Wins Religious Concessions by John E Dannenberg A high-security Muslim prisoner at the Tecumseh State Correctional Institution (TSCI) sued prison officials for violating basic tenets of his religion by allegedly restricting religious practices “dictated” by his beliefs. He claimed he needed daily showers, a kosher diet, and …
Limbaugh v. Alabama DOC, CO, Expert Report, 2008 STATEOFCOLORADO ) COUNTY OF BOULDER ) EXPERT REPORT OF DEWARD E. WALKER, JR.. PH.D. 1. I was asked by Mark Sabel, attorney for the Plaintiffs in the case of Limbaugh v. Alabama DOC,93 :cv-1404-WHA, to provide this report and state my opinion …
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 • 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 …
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. …
Backsliding Not Proof of Religious Insincerity by The U.S. Court of Appeals for the Seventh Circuit vacated and remanded a district court decision dismissing a prisoner's free exercise of religion and equal protection claims. Plaintiff, an Illinois state prisoner who professed to be Rastafarian, brought a federal civil rights lawsuit …
Article • May 15, 2007
Religious Belief Allows NY Jewish Prisoner to Grow Beard by The United States Court of Appeals for the Second Circuit held that an Orthodox Jewish prisoner has a protected right under the First Amendment to grow a beard, and that a Department Directive cannot prevent the prisoner from growing a …
Article • May 15, 2007
NY DOC Beard Ban Upheld by The U.S. Court of Appeals for the Second Circuit upheld a New York Department of Corrections (DOC) rule banning beards longer than one inch. Yevgen Fromer, an Orthodox Jewish prisoner, brought a civil rights action alleging that the DOC's policy prohibiting beards in excess …
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, …
Article • May 15, 2007
Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials by Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a district court's dismissal of prisoners' actions challenging a prison grooming policy. Arizona prisoners who …
NY Prisoner's Right to Practice Religion was Violated by In an unpublished opinion, the U.S. Court of Appeals for the Second Circuit held that pro se prisoners proceeding in forma pauperis were "entitled to rely on service by the U.S. Marshals." A New York prisoner filed a suit against the …
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