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Article • May 15, 2007
Ban on Muslim Literature Struck Down by A federal district court in California struck down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. The court also ordered the CDC to hire and pay a Muslim minister to attend to …
Article • May 15, 2007
Muslim Literature Ruling Affirmed by The court of appeals for the Ninth circuit affirmed a district court ruling striking down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. Also affirmed was the order that the CDC hire and pay …
Article • May 15, 2007
Alcoholics Anonymous Parole Requirement Violates Establishment Clause by Alcoholics Anonymous Parole Requirement violates Establishment Clause The supreme court of Tennessee held that the Tennessee parole board's method of determining prisoner parole eligibility, by circulating and reviewing case files individually, does not violate the state's open records act. The court held …
BOP Ban on Religious Headbands Upheld by The court of appeals for the Ninth circuit held that a Bureau of Prisons rule prohibiting Native American prisoners from wearing religious headbands in the prison mess hall was constitutional. The court held the rule was reasonably related to penological interests. The court …
Censorship of Religious Mail Reversed by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failure to state a claim, a Missouri prisoner's lawsuit that mail sent by the Moorish Science Temple was wrongly censored. The appeals court held that while …
Article • May 15, 2007
BOP Ordered to Provide Kosher Diet by A federal district court in Pennsylvania issued a Temporary Restraining Order (TRO) requiring the federal Bureau of Prisons to provide a Hassidic Jewish prisoner with a kosher meal during Passover. The court found the BOP's attempt at providing kosher meals deficient and ordered …
BOP Pays $7,000 in Pork Handling Suit by BOP Pays $7,000 In Pork Handling Suit The court of appeals for the Seventh circuit affirmed a district court's award of 17,000 in damages to a Muslim federal prisoner at Marion who was punished for refusing to handle pork due to his …
Article • May 15, 2007
Vegetarian Diet Required for Seventh Day Adventist by The court of appeals for the Tenth circuit held that a district court erred in dismissing an Oklahoma prisoner's lawsuit seeking a vegetarian diet to accommodate his Seventh Day Adventist beliefs. Prison official's claims vegetarian diets are not nutritionally adequate. Prisoner presented …
Article • May 15, 2007
Prisoner Can't be Forced to Work Beyond Physical Means, Handle Items Forbidden by Faith by The court of appeals for the Eighth circuit held that a district court erred when it dismissed as frivolous an Arkansas prisoner's lawsuit that he was forced to do field work beyond his physical capacity. …
Religious Headgear Ban Upheld by The court of appeals for the Eighth circuit upheld Missouri prison if rules banning Moorish Science Temple prisoners from wearing a fez and rules requiring a prison guard to attend all religious services held by prisoners. The court gives ample discussion to religious rights in …
Article • May 15, 2007
Filed under: Religious Freedom, Clergy
Prison Chaplains Limited in Authority by The court of appeals for the Second circuit held that a BOP prisoner in New York had stated a valid establishment clause claim when he alleged that a prison chaplain exercised non religious powers and functions within the prison. This is not a ruling …
Prison Conditions Injunction Must View Totality of Conditions by The court of appeals for the Sixth circuit held that cruel and unusual prison conditions existed in a Michigan prison when inadequate showers, exercise, religious services and due process for ad seg placement existed. The court emphasized that "what is the …
Article • May 15, 2007
Religious Name Changes Allowed by The court of appeals for the Fourth circuit held that a Virginia statute prohibiting prisoners from changing their names while imprisoned was unconstitutional. Prisoners were forbidden from changing their names for religious or other reasons and would have their mail rejected if they did. The …
Article • May 15, 2007
Protective Custody Conditions Suit Remanded by The court of appeals for the Eighth circuit held that a lower court erred when it dismissed as frivolous a lawsuit that Missouri prisoners in Protective Custody (PC) were deprived of religious services, only received 45 minutes of exercise a week, were denied adequate …
Punishment for Prisoner with Medical Reason not to Shave States Claim by The court of appeals for the Fifth circuit held that the district court erred when it dismissed as frivolous a Florida prisoner's suit that he was punished by prison officials for having a beard. Prisoner claimed he had …
Marion Lockdown Upheld, BOP Must Follow Own Rules by The court of appeals for the Seventh circuit held that the Marion lockdown, started in 1983, did not violate the due process or Eighth amendment rights of prisoners. The ban on group religious services was constitutional as was the denial of …
Wicca Is a Religion by Wicca is a Religion The court of appeals for the Fourth circuit held that Wicca is a religion for First amendment purposes, but that a district court erred in granting a Virginia prisoner an injunction to have various religious items (white hooded robe, candles, statute, …
Article • May 15, 2007
No Right to Clergyman of Choice by The court of appeals for the Ninth circuit held that Oregon prisoners do not have the right to clergymen of their choice, hence, prisoners can't sue when their favored clergyman is fired by prison officials. Court also held that injunctive and declaratory relief …
Summary Judgment Inappropriate in Arizona Religion Case by An Arizona state prisoner filed suit in U.S. district court. alleging First Amendment violations by prison authorities. The prisoner was not able to attend Jewish services, had no access to Jewish writings and was not afforded a kosher diet. Prison officials filed …
Ban on Interprison Travel for Religious Services Overturned by Jewish Michigan state prisoners filed suit alleging First Amendment violations in response to a ban on inter-prison travel which effectively denied them the right to participate in Sabbath services and a Passover Seder. A U.S. district court held that the prisoners …
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