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Marion Lockdown Upheld, BOP Must Follow Own Rules
Article • May 15, 2007
Filed under: Lockdowns, Law Library Access/Adequacy, Money/Property, Prisoner Property, Denial of Religious Services
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
Article • May 15, 2007
Filed under: Injunctions, Religious Freedom, Denial of Religious Services, Religious Practices, Religious Property, Religion Defined
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, …
No Right to Clergyman of Choice
Article • May 15, 2007
Filed under: Civil Procedure, Injunctions, Mootness, Clergy
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
Article • May 15, 2007
Filed under: Attorneys, Appointment of Counsel, Summary Judgment, Religious Diet, Denial of Religious Services
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
Article • May 15, 2007
Filed under: Religious Freedom, Denial of Religious Services, Religious Practices, Clergy
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 …
Denial of Religious Publications States a Claim
Article • May 15, 2007
Filed under: Complaints, Publications/Books, Religious Freedom, Religious Property
Denial of Religious Publications States a Claim by The Unites States Supreme Court held in a brief one-paragraph opinion that a lawsuit filed by an Illinois state prisoner under 42 U.S.C. § 1983, alleging that he was denied permission to purchase certain religious publications and other privileges enjoyed by other …
Beard Length Restriction Upheld, Prior Ruling Reversed
Article • May 15, 2007
Filed under: Religious Freedom, Religious Grooming
Beard Length Restriction Upheld, Prior Ruling Reversed by The Second U.S. Circuit Court of Appeals, reversing its prior ruling in the same case, upheld a rule by the New York Department of Correctional Services (DOCS) restricting prisoners' beards to one inch in length. Yevgen Fromer, a observant Orthodox Jew, sued …
Muslim Prisoners' Right to Jumu'ah Denied
Article • May 15, 2007
Filed under: Prison Labor, Religious Freedom, Denial of Religious Services, Religious Practices
Muslim Prisoners' Right to Jumu'ah Denied by The U.S. District Court of New Jersey held that minimum security Muslim prisoners working outside a prison perimeter did not have a compelling right to be off work on Friday afternoons to attend Jumu'ah services, a form of Muslim congregational worship. Ahmad Uthman …
Third Circuit Holds Right to Jumu'ah Services Outweighs Security Concerns
Article • May 15, 2007
Filed under: Religious Freedom, Denial of Religious Services
Third Circuit Holds Right to Jumu'ah Services Outweighs Security Concerns by Reversing the District Court of New Jersey, the U.S. Third Circuit Court of Appeals held that material questions of fact precluded dismissal of prisoner-plaintiffs' claims that the New Jersey State Prison at Leesburg ("Leesburg") unfairly infringed on the constitutional …
Iowa Sued Over Proselytizing Fundamentalist Christian Prison Program
Article • May 15, 2007
Filed under: Private Prisons, Prison Fellowship, Required Religious Programming, Denial of Religious Services, Proselytizing
Iowa Sued Over Proselytizing Fundamentalist Christian Prison Program by Matthew T. Clarke Iowa Sued Over Proselytizing Fundamentalist Christian Prison Program by Matthew T. Clarke On February 13, 2003, Americans United for Separation of Church and State (AUSCS) filed two lawsuits in federal court, under 42 U.S.C. § 1983, against officials …
$9,000 Jury Award Against Missouri: Religious Halfway House
Article • May 15, 2007
Filed under: Work Release, Contractor Liability, Mail Regulations, Religious Freedom, Required Religious Programming, Religious Practices, Proselytizing
$9,000 Jury Award Against Missouri: Religious Halfway House by A Missouri federal district court upheld a jury's verdict and damage award, but reversed the award of punitive damages. The suit was filed by a probationer sentenced to the Agape House, a state sponsored halfway house in Sedalia, who alleged the …
MI Court Holds RLUIPA Constitutional
Article • May 15, 2007
Filed under: Gang Policies, Religious Discrimination, Federal Statutory Law, RLUIPA, Religion Defined
MI Court Holds RLUIPA Constitutional by A Michigan Federal Court held the religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000, 42 U.S.C. section 2000cc, is constitutional. Members of the Melanic Islamic Palace of the Rising Sun brought this class action suit after the Michigan Department of Corrections (MDOC) …
37 Days Disciplinary Segregation Without Hearings Not Atypical and Significant Hardship
Article • May 15, 2007
Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Exercise, Ad-Seg Hearings, Denial of Religious Services
37 Days Disciplinary Segregation Without Hearings Not Atypical and Significant Hardship by The Eighth Circuit Court of Appeals held that the deprivation of exercise, religious services and contact visits for 37 days is not a due process violation, nor is the failure to provide a hearing before placement in disciplinary …
Eleventh Circuit Holds RLUIPA Constitutional
Article • May 15, 2007
Filed under: RLUIPA, Religious Freedom, Religious Diet, Religious Practices
Eleventh Circuit Holds RLUIPA Constitutional by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals has held the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not violate either the Spending Clause, the Establishment Clause, or the Tenth Amendment of the U.S. Constitution. Georgia Prisoner Ralph …
Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed
Article • May 15, 2007
Filed under: Retaliation for Litigating, Retaliation for Filing Grievances, Religious Freedom, Religious Diet, Denial of Religious Services, Religious Names, Religious Property
Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed by Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed The U.S. Sixth Circuit Court of Appeals reversed the U.S. District Court, Northern District of Ohio, in a claim of retaliation made by a Buddhist prisoner against officials of the North …
Indiana Prisoner's First Amendment Religion Claim Dismissed as Frivolous
Article • May 15, 2007
Filed under: Money/Property, Prisoner Property, Mail Regulations, Due Process, Religious Property
Indiana Prisoner's First Amendment Religion Claim Dismissed as Frivolous by The U.S. Seventh Circuit Court of Appeals upheld dismissal as frivolous of a state prisoner's First Amendment religion claim by the U.S. District Court for the Northern District of Indiana. Patrick O'Banion, a prisoner at the Wabash Valley Correctional Facility …
Prisoner's Haircut Raises Constitutional & Discovery Issues
Article • May 15, 2007
Filed under: Grooming Rules, Religious Freedom, Religious Grooming
Prisoner's Haircut Raises Constitutional & Discovery Issues by Prisoner's Haircut Raises Constitutional & Discovery Issues The Sixth Circuit Court of Appeals affirmed the District Court's decision to allow defendants' second motion for summary judgment after their first motion was denied. Mark Lee Pollock sought to enjoin prison officials from cutting …
Dismissal Of § 1983 Religious Name Change Claims Vacated
Article • May 15, 2007
Filed under: Religious Freedom, Religious Names
Dismissal Of § 1983 Religious Name Change Claims Vacated by The U.S. Eighth Circuit Court of Appeals vacated and remanded a district court's dismissal of prisoners' § 1983 claims challenging refusal of the Arkansas Department of Corrections (ADC) to acknowledge their Islamic names. Plaintiffs, Arkansas state prisoners who converted to …
No Punishment for Possession of Radical Religious Literature
Article • May 15, 2007
Filed under: Retaliatory Segregation, Notice of Rules, Legality of Rules, Notice of Charges, Publications/Books, Control Units/SHU/Solitary Confinement, Religious Property
No Punishment for Possession of Radical Religious Literature by The Second Circuit Court of Appeals held a prisoner's complaint was sufficient to defeat summary judgment and require a trial. The civil rights action was filed by a New York prisoner who spent 7 of his 15 years in prison in …
Muslim Prisoners' Allegation Of Forced Pork Handling States Claim
Article • May 15, 2007
Filed under: Prison Labor, Religious Freedom, Religious Diet, Religious Practices
Muslim Prisoners' Allegation Of Forced Pork Handling States Claim by In this brief opinion, the U.S. Fifth Circuit Court of Appeals held that Muslim prisoners who brought a civil rights suit against prison officials for allegedly forcing them to handle pork stated a claim upon which relief could be granted. …
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