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Rules Modeled on Ten Commandments Violate Establishment Clause; Sheriff Denied Qualified Immunity by A federal court in Arkansas held that jail rules modeled after the Ten Commandments violates the Establishment Clause of the First Amendment. It also held that jail officials were not entitled to qualified immunity. Andy Lee was …
Article • May 15, 2007
Virginia Grooming Rules Upheld by The plaintiffs challenged a grooming policy requiring short hair, prohibiting facial hair except for trimmed mustaches, and prohibiting braids, plaits, dreadlocks, cornrows, partially shaved heads, designs, etc. There is a medical exception but not a religious one. The policy is modeled after the South Carolina …
Suit Over NY Protective Custody Conditions Dismissed by The plaintiffs complained of conditions in protective custody. They could not represent a class because they were proceeding pro se. The case is dismissed for non-exhaustion. Even if one plaintiff's letters of complaint were adequate to exhaust (which they probably are not), …
Article • May 15, 2007
Native American Religious Restrictions Upheld by The Native American plaintiff complained of various religious restrictions. The defendants would not let the plaintiff "smudge" with herbs (i.e., burn them), but would allow him to use "nonaddictive tobacco" (what's that?) instead. The policy is a generally applicable regulation, not promulgated to punish …
Article • May 15, 2007
Restrictions on Voodoo Practices Upheld by The plaintiff alleged that the defendants' refusal to allow items needed for his religious practice including oils, powders, incense, candles, botanicals (roots, herbs, barks and berries), stones, Talisman, and charm bags violated the First Amendment. His complaint identified his religion as Egyptian Freemasonry, but …
BOP Can Perform Autopsy Over Executed Prisoner's Religious Objection by A federal statute prescribes that federal death sentences be implemented consistently with the law of the state where the sentence was imposed, even if the execution is to take place elsewhere. State procedures take precedence over inconsistent regulations promulgated by …
Article • May 15, 2007
Court Upholds Maryland DOC Staff Grooming Rules by The Rastafarian correctional officer was disciplined for wearing dreadlocks contrary to the agency's grooming policy. At 398: "The challenged rules are rationally related to the division's legitimate interests in public safety, discipline and esprit de corps." They allow staff members to be …
Court Enjoins Transfer of BOP Prisoners to Virginia DOC under RFRA by The plaintiff District of Columbia prisoners (two Sunni Muslims and a Rastafarian who had taken the Vow of the Nazarite) alleged that their placement by the federal Bureau of Prisons in Virginia prisons, which forbid beards and long …
Article • May 15, 2007
Injunction Issued in Church Sleeping Space for Homeless by Violations of First Amendment rights are considered irreparable injury for purposes of a preliminary injunction. In Free Exercise Clause cases, courts are not permitted to inquire into the centrality of a professed belief to the adherent's religion or to question its …
79 Day Indiana Death Row Lockdown Upheld by The plaintiffs alleged that a 79-day lockdown of a death row unit after a death row prisoner was murdered during recreation violated their rights. Although the case was removed from state court, the district court holds it must screen it under 28 …
Ohio Religious Grievance Process Doesn't Exhaust Claim by The plaintiff, who declared himself Jewish in prison, was denied various religious accommodations on the ground that he was "not Jewish enough." He used the general inmate grievance procedure, rather than the separate religious accommodation grievance procedure, and consequently did not exhaust. …
Article • May 15, 2007
Prison Officials Must Offer Evidence to Support Denial of Sukkot Booths by The plaintiff complained that the defendants interfered with his right to observe Sukkot in 1997 through 2000 by first failing to provide him with a Sukkah booth and then failing to secure the one they provided. (The chaplain, …
Article • May 15, 2007
Submission of Form Doesn't Violate Religious Beliefs by At 1136: "Plaintiff alleges that because she had sworn to God that she would not complete another Form 3971, defendant subjected her to religious discrimination when it required her to submit a properly completed Form 3971 after her absence on August 11, …
Article • May 15, 2007
Dividing Muslim Services into Groups Upheld by The plaintiff complained that Muslim services were divided into two groups. The policy satisfies the Turner standard, since it is based on the number of prisoners who wish to attend the services and security requirements for separating certain prisoners. Assuming the plaintiff is …
Article • May 15, 2007
Combined Shiite and Sunni Religious Services Upheld by The plaintiff Shi'ite Muslims alleged that they were subject to discrimination because the Muslim worship and accommodation program in the state prisons combines Shi'ite and Sunni observance and the Sunnis are in charge. A state court held earlier in Cancel v. Goord …
Article • May 15, 2007
RLUIPA Kouplock Injunction Reversed; Deference to Prison Officials Required by David Reutter By David M. Reutter The Sixth Circuit Court of Appeals has reversed an Ohio federal district court's temporary injunction that allowed a Native American Indian prisoner to grow and maintain a kouplock. The district court, using RLUIPA as …
Article • May 15, 2007
California Religious Grooming, Muslim Sabbath Rule Enjoined, Good Time Restored by Plaintiff Muslim prisoners sought injunctive relief against restrictions on their religious practice; their claims, initially brought under the First Amendment, are now governed by RLUIPA. The court previously granted preliminary injunctive relief (renewed repeatedly because of the PLRA's 90-day …
Wisconsin Religious Work Release Contract May Violate Constitution by A contract between the Department of Correction and "Faith Works," a "faith-based program designed to meet the needs of individuals recovering from addiction to alcohol and other drugs," to operate a halfway house raises an Establishment Clause issue because Faith Works …
Article • May 15, 2007 • from PLN May, 2007
Jail Chaplains Scrutinized for Affairs with Female Prisoners by Two county jail chaplains in different states are being accused by female prisoners of seeking sex from them while in custody. When she was held in Indiana?s Morgan County Jail, Susan L. Robbins, 38, was involved in the jail?s GED program. …
Article • May 15, 2007
Jewish Prisoner Entitled to Kosher Diet by The court of appeals for the Second circuit affirmed a district court's order that a Jewish federal prisoner in New York be provided with a Kosher diet. The prisoner successfully challenged the Bureau of Prisons national policy on this issue. The plaintiff in …
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