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Article • August 15, 2012 • from PLN August, 2012
Pro Se Virginia Prisoner Settles Religious Exercise Suit by Virginia state prisoner Rashid Qawi Al-Amin, proceeding pro se, reached a settlement with prison officials that requires them to purchase Islamic reading materials, CDs and DVDs for the prison chaplain’s library. The state also agreed to pay him $2,000. Al-Amin, a …
Brief • August 13, 2012
Filed under: RLUIPA, Religious Property
Yellowbear v. Lampert, WY, Pltf. Appeal Brief, Religious Property, 2012 Appellate Case: 12-8048 Document: 01018896457 Date Filed: 08/13/2012 Page: 1 ,', ', .. ; ,·' j UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ANDREW J. YELLOWBEAR, JR., Plaintiff/Petitioner - Appellant, v. Defendants/RespondentAppellee. ) ) ) ) ) ) …
Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor” by Congregation Pidyon Shevuyim, N.A., a private Jewish organization that contracted with the Washington Department of Corrections (DOC), may not be sued under 42 U.S.C. § 1983 or the Religious Land Use and Institutionalized Persons Act (RLUIPA), the …
Article • May 15, 2012
8th Circuit Rules on Nebraska Prison’s Denial of Religious Publication and Jewelry by Petitioner Curtis Eugene Rowland, a prisoner at the Pen Unit of the Nebraska Penal and Correctional Complex brought two separate civil rights actions against prison officials in 197l. His § 1983 claim regarding denial of mail was …
10th Circuit Weighs 1st Amendment Rights for Muslim Prisoners by The Tenth Circuit Court of Appeals in March, 1972, reversed and remanded a § 1983 complaint wherein Petitioner alleged certain religious liberties, violations, and mail issues. Prior to the instant action, Petitioner Eddie Hoggro brought his cause before the U.S. …
Fourth Circuit Reverses Muslim Prisoner Mail Restrictions by The Fourth Circuit Court of Appeals remanded for an evidentiary hearing to determine if Muslim publications were a threat to prison security. Appellant/Plaintiff Richard X. Brown brought before the Fourth Circuit Court of Appeals in October, 1970, his § 1983 claim for …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
PLN Settles Censorship Suit Against South Carolina Jail; County Agrees to Pay $599,900 and Change Policies by On January 10, 2012, Prison Legal News settled a First Amendment censorship suit against the Sheriff’s Office for Berkeley County, South Carolina. The settlement includes changes at the Berkeley County Detention Center (BCDC) …
Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond by Matthew Clarke By Matt Clarke The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a …
Brief • June 14, 2011
Ortega v. Ryan, AZ, Complaint, Right to Religious Worship, 2011 Case: Case: , A.s. P,c. JUN Place of Confineme P.,2- Bo x i - ~ - - - - - - - - . 1 4 2011 t!Lt:~I( U S OISTR!Ci COUAi 01tt~l0T OF ARIZONA u~ Mailing Address City, State, …
Article • May 15, 2011 • from PLN May, 2011
California Jury Awards Native American Prisoner $150 on Due Process Property Claim by A federal jury awarded $150 in damages to California prisoner Gregory L. Rhoades, a Native American, after finding that the property room officer at Corcoran State Prison, defendant D. Adkison, had violated Rhoades’ 14th Amendment due process …
Article • April 15, 2011
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials for Religious Book Censorship 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 …
Second Circuit Reverses Denial of RLUIPA Dietary Claim by The Second Circuit Court of Appeals reversed a district court’s dismissal of the religious diet claims of two New York prisoners who practiced a religious faith called “Tulukeesh.” In 2003, New York prisoner Tyheem Keesh sought permission to practice his religion, …
$27,500 Settlement for Washington Prisoner’s Public Records and RLUIPA Claims by The State of Washington Department of Corrections paid $27,500 to settle two lawsuits brought by prisoner Derek E. Gronquist. The first action involved request for disclosure of public records, and the second related to violations of religious freedom. The …
Summary Judgment Denied in Virginia Strip Cell Suit by A Virginia Federal District Court denied defendants’ motion for summary judgment in a prisoner’s lawsuit alleging use of excessive force and cruel and unusual conditions. Ray L. Holley, a prisoner at Red Onion State Prison in Virginia, on September 29, 2007, …
New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages by A New Mexico prisoner has prevailed in a religious freedom case that vindicated his right to practice his Native American beliefs. The lawsuit resulted in a settlement in April 2009 that specified the religious practices prison …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
BOP Settles FTCA Abuse/Religious Discrimination Suit for $48,000 by Brandon Sample O n August 12, 2009, the Federal Bureau of Prisons (BOP) agreed to settle a lawsuit by a Muslim former prisoner who alleged that he was tortured and beaten after complaining to investigators about his Quar’an and Kufi being …
Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House by Matthew Clarke by Matt Clarke On June 19, 2009, the Texas Supreme Court held that a city zoning ordinance which effectively banned a religious halfway house in the City of Sinton violated the Texas Religious Freedom Restoration Act …
Catholic Mass and Sacraments Made Available to Louisiana’s Death Row by Officials at the Louisiana State Prison (LSP), better known as Angola, have agreed to a settlement agreement in a lawsuit alleging a prisoner’s rights were violated by the officials’ mandating of Baptist religious television to the exclusion of all …
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