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Successive Injunctions Allowed Under PLRA
Article • May 15, 2007
Filed under: Legality of Rules, Injunctions (PLRA), Injunctions, Preliminary Injunctions/TRO's, Sentencing, Good Time, Denial of Religious Services, Religious Practices, Sabbaths
Successive Injunctions Allowed Under PLRA by In a first published case on the topic, a federal district court in California has held that, under the PLRA, successive Temporary Restraining Orders (TRO) and a preliminary injunction (PI) may be entered by the Court. This is a class action suit filed by …
Iowa Prisoner Has No Right to Blood Samples Disposed of According to Religious Beliefs
Article • May 15, 2007
Filed under: Blood, Religious Freedom, Religious Practices, Religion and Medicine/Public Health
Iowa Prisoner Has No Right to Blood Samples Disposed of According to Religious Beliefs by The U.S. Court of Appeals for the eighth Circuit, held that the US District Court for the Northern District of Iowa, did not error when denied a prisoners suit, for failure to dispose of his …
Total Ban on Mail Violates First and Fourteenth Amendments
Article • May 15, 2007
Filed under: Gang Policies, Mail, Publications/Books, Mail Regulations, Due Process, Religious Property
Total Ban on Mail Violates First and Fourteenth Amendments by The 8th Circuit held that a total ban on prisoners' mail without exception and without perusing the contents violated prisoners' First and Fourteenth Amendment rights. Michael Murphy and several other prisoners incarcerated at the Missouri Training Center for Men (MTCM) …
Summary Judgment Vacated and Remanded in Part on Religious Free Exercise Claim
Article • May 15, 2007
Filed under: Religious Freedom, Religious Practices, Religious Property
Summary Judgment Vacated and Remanded in Part on Religious Free Exercise Claim by Summary Judgment Vacated and Remanded in Part on Religious Free Exercise Claim The U.S. Fourth Circuit Court of Appeals affirmed in part and vacated and remanded in part summary judgment to prison officials in a free exercise …
Religious Name Changes Required To Follow State Procedure
Article • May 15, 2007
Filed under: Civil Procedure, Appeals, Religious Names
Religious Name Changes Required To Follow State Procedure by The U.S. Court of Appeals for the Seventh Circuit held that a prisoner could be required to follow state name-change procedures in order to have the name change recognized by prison authorities; declaratory relief not included in the judgment itself was …
Separate Religious Accommodations for N.Y. Shi'a Muslim Prisoner Order
Article • May 15, 2007
Filed under: Religious Freedom, Denial of Religious Services
Separate Religious Accommodations for N.Y. Shi'a Muslim Prisoner Order by The New York Supreme Court, Dutchess County, ordered the New York Department of Correctional Services (NYDOCS) to provided separate religious accommodations for Shi'a Muslim prisoners. A prisoner at Fishkill Correctional Facility challenged NYDOCS's policy of considering Shi'a Muslim and Sunni …
Jail Policies Regarding HIV Infected Prisoner Unconstitutional
Article • May 15, 2007
Filed under: HIV/AIDS, Law Library Access/Adequacy, HIPAA, Religious Freedom, Denial of Religious Services
Jail Policies Regarding HIV Infected Prisoner Unconstitutional by The U.S. District Court for the Western District of New York held that certain practices of the Erie County (New York) Holding Center regarding the handling of an HIV-infected prisoner violated New York State law and the U.S. Constitution. Former prisoner Louise …
Colorado Prisoners Win Partial Reversal on Religious Claims
Article • May 15, 2007
Filed under: Racial Discrimination, Summary Judgment, Religious Freedom, Religious Diet, Religious Property, Religion Defined
Colorado Prisoners Win Partial Reversal on Religious Claims by Two Colorado state prisoners won partial reversal of an adverse summary judgment ruling in their civil rights suit contesting Colorado Department of Corrections (CODOC) administrative regulations prohibiting practice of their Christian Identity Faith and classifying Christian Identity as a Security Threat …
Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials
Article • May 15, 2007
Filed under: Prisoner Privileges, Grooming Rules, Religious Grooming
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 …
Supreme Court Defines Religious Rights in Prison
Article • May 15, 2007
Filed under: Discrimination, Gang Policies, Overcrowding, Denial of Religious Services, Religious Practices, Sabbaths
Supreme Court Defines Religious Rights in Prison by The U.S. Supreme Court ruled that two policies instituted by a New Jersey prison did not violate the First Amendment. Muslim prisoners filed a U.S.C. § 1983 suit alleging a violation of their Constitutional right of free exercise of religion. Two policies …
$750 Paid in Washington Prisoner's Religious Discrimination Suit
Article • May 15, 2007
Filed under: Work, Prison Labor, Sabbaths
$750 Paid in Washington Prisoner's Religious Discrimination Suit by In March and April 1999, Kenneth J. Busby, a prisoner at Washington's Airway Heights Correctional Center, worked at the Food Factory at AHCC. Bushy is a faithful practicing Muslim, which requires attendance at a weekly Friday prayer/worship service called Ju'mah. At …
US Supreme Court Held Laws Targeting Religion Are Unconstitutional; Santeria a Religion
Article • May 15, 2007
Filed under: Religious Freedom, Religious Practices, Religion Defined
US Supreme Court Held Laws Targeting Religion Are Unconstitutional; Santeria a Religion by US Supreme Court Held Laws Targeting Religion Are Unconstitutional; Santeria a Religion The US Supreme Court held that no law can be enacted that denies people their right to religious freedom. The free Exercise Clause protects religious …
Punishment for Distributing Buddhist Literature States Claim
Article • May 15, 2007
Filed under: Religious Discrimination, Disciplinary Hearings, Disciplinary Litigation, Publications/Books, Denial of Religious Services
Punishment for Distributing Buddhist Literature States Claim by The Supreme Court held that a prisoner who alleged that he was prevented from practicing his religious faith and punished for sharing Buddhist literature with other prisoners stated a claim under 42 U.S.C. $ 1983. Fred A. Cruz, a Texas prisoner, filed …
Lost Magazine States Free Speech Claim; Dismissal Reversed in Part
Article • May 15, 2007
Filed under: Publications/Books, Media, Censorship, Religious Property
Lost Magazine States Free Speech Claim; Dismissal Reversed in Part by The U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded a violation of his First Amendment right to free speech in a case where prison officials seized, and later lost, the prisoner's magazine. While incarcerated at …
NY Prisoner's Right to Practice Religion was Violated
Article • May 15, 2007
Filed under: Cell Searches, Guard Brutality/Beatings, Religious Freedom, Religious Grooming, Religious Practices
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 …
Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim
Article • May 15, 2007
Filed under: Racial Discrimination, Federal Statutory Law, Title VII, Religious Grooming, Employee Litigation
Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim by Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim The Fourth Circuit Court of Appeals has held a guard's 42 U.S.C. § 1983 action alleging religious discrimination was not barred …
Kosher Diet and Jewish Beard Requirement States Claim
Article • May 15, 2007
Filed under: Grooming Rules, Religious Freedom, Religious Grooming, Religious Diet
Kosher Diet and Jewish Beard Requirement States Claim by A federal district court in New York denied prison official's motion to dismiss a Jewish New York state prisoner's complaint alleging violation of his right to freely practice his religion. The court held that requiring the prisoner to maintain a beard …
Alabama Jail Totality Of Conditions Suit
Article • May 15, 2007
Filed under: Medical Records, Contagious Disease -- Misc., Notice of Charges, Totality of Conditions, Failure to Protect (General), Staffing, Exercise, Attorney Client, Telephone Access, Due Process, Religious Freedom, Denial of Religious Services
Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
Delayed Sweat Lodge Construction Unconstitutional; Qualified Immunity Granted
Article • May 15, 2007
Filed under: Qualified Immunity, Religious Freedom, Denial of Religious Services
Delayed Sweat Lodge Construction Unconstitutional; Qualified Immunity Granted by A federal district court in Iowa has held that prison officials' delay in constructing a Sweat lodge for Native American prisoners incarcerated at Fort Dodge Correctional Facility (FDCF) violates the prisoners' right to free exercise of religion under the First Amendment, …
Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses
Article • May 15, 2007
Filed under: Federal Statutory Law, RLUIPA, Denial of Religious Services, Religious Practices, Federal Legislation
Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses by Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses The U.S. Seventh Circuit Court of Appeals, affirming the federal district court, Western District of Wisconsin, held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was constitutional …
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