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$29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals by $29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals A New York Federal District Court granted the plaintiff's motion for the award of attorney …
Article • May 15, 2007
Third Circuit Upholds Forced Feeding of Pennsylvania Prisoner by On September 28, 2004, the U.S. Third Court of Appeals held that although the admission of a federal litigant's prior robbery conviction during trial was erroneous pursuant to Federal Rules of Evidence, the admission did not affect the trial's outcome. The …
Kansas Federal Court Upholds In-Cell Book Restriction, But Continues Injunction by by Matthew T. Clarke A Kansas federal court has upheld the Kansas Department of Corrections policy limiting the number of books a prisoner may possess in his cell, but continued to enforce an injunction against prison officials destroying a …
Article • May 15, 2007
Muslim Head Scarf Lawsuit Dismissed After Prison Policy Change by The United States District Court for the Western District of Wisconsin dismissed a Federal civil rights lawsuit filed by Cynthia Rhouni, the ex- wife of a State prisoner who was forced to remove her head scarf (a part of her …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Article • May 15, 2007
Broader than Necessary Jury Instruction Requires Reversal in Prisoner's First Amendment Violation by Broader than Necessary Jury Instruction Requires Reversal in Prisoner's First Amendment Violation Claim The Fourth Circuit Court of Appeals held that it was a reversible error to give a jury instruction requiring that any prison restriction be …
Article • May 15, 2007
Standard Set for Violation of Free Exercise Clause by The U.S. Supreme Court held that government may not deny unemployment benefits to a claimant who was unable to obtain employment because of religious objections she would not take Saturday work. After being discharged from her job as a textile mill …
$34,000 Paid in Texas Prisoners' Retaliation Claim by This case involved six Texas prisoners at the Wallace Park unit. After they filed a lawsuit to practice their Jewish religion, guards began retaliating against them. The retaliation came in the form of job changes, cell reassignments, transfers, and disciplinary action for …
Article • May 15, 2007
Former Federal Prisoner Complaint Barred Against Federal Agency by Former Federal prisoner Ben Siyon Ish Yerushalayim filed a Bivens complaint pursuant to 28 U.S.C. Section 1915 alleging violation of his rights under the Free Exercise Clause of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA.) …
Article • May 15, 2007
Contract Rabbi Acting In Ecclesiastical Nature by Washington state prisoner James Shilling, a converted orthodox Jew, filed a Federal civil rights complaint against Washington and Nevada Department of Corrections (DOC) personnel, as well as Rabbi Gary Friedman, alleging that they denied him kosher meals while housed in Nevada DOC as …
Article • May 15, 2007
Proof of Jewish Heritage May Violate Equal Protection by Washington state prisoner James Shilling, a converted Jew, filed a Federal civil rights complaint against Washington and Nevada State Department of Corrections (DOC) personnel, claiming that they violated his First and 14th Amendment rights by denying him kosher meals while housed …
Parole Condition Barring Contact With Religious Sect Upheld by The plaintiff, Yahweh ben Yahweh, was directed to have no direct or indirect contact with members of the Nation of Yahweh ("Black Hebrews") without approval by his parole officer upon his mandatory release on his RICO conviction for involvement in activities …
Jail Confiscation of Personal Bible Upheld by The plaintiff, on admission to jail, had his New International Version Bible confiscated per a policy that prohibits retention of personal reading materials. The jail implemented that policy "to curb fights over who owned what and to avoid compensation claims if the materials …
Wolff Applies to Jail Prisoner Disciplinary Hearings by At 678: "Pre-trial detainees may not be punished without due process of law. . . . A pre-trial detainee is entitled to the procedural protections of Wolff v. McDonnell . . ., before imposition of punishment for a disciplinary infraction." At 679: …
Article • May 15, 2007
Muslim Halal Diet Suit Against Kansas DOC Dismissed by The Muslim plaintiffs complained that prison officials did not provide Halal meat, even though they provided Kosher meals to Jewish prisoners. The plaintiffs sued the defendants only in their official capacities, so they are immune under the Eleventh Amendment. The court …
Article • May 15, 2007
NY Food Load Suit Dismissal Reversed Under RLUIPA by The plaintiff alleged that an officer ordered him to return his food tray and cup while he was performing salat, knowing that his religious beliefs prohibited his responding, and issued a misbehavior report. The plaintiff was subjected to a week of …
9/11 Immigration Detainee Challenges Denial of Counsel, Religious Diet by The plaintiff was arrested on September 12, 2001, on the belief that he was connected with the 9/11 hijackers, and transferred to a federal prison, where he was subjected to a visual body cavity search viewed by multiple male and …
Article • May 15, 2007
Arkansas Must Acknowledge Prisoner's Muslim Name by The U.S. Eighth Circuit Court of Appeals held that Arkansas prison officials must acknowledge a Muslim prisoner's Islamic name. An Arkansas state prisoner of the Islamic faith who had his name legally changed to Bilal Ali Salaam while imprisoned brought pro se civil …
Article • May 15, 2007
Supreme Court Sets Standard in Establishment Clause Suits by The United States Supreme Court held that state statutes from Rhode Island and Pennsylvania, which supplemented teacher's salaries in religious schools, violated the religious establishment clause of the First Amendment. A federal district court found that Rhode Island's provision, which provided …
Brief • May 11, 2007
Filed under: RLUIPA, Religious Diet
Kuperman v. NH DOC, NH, Order Adopting Magistrate Rec., 2007 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Albert Kuperman v. 06-cv-420-JD Warden, NH State Prison ORDER I herewith approve the Report and Recommendation of Magistrate Judge Muirhead dated April 18, 2007, no objection having been filed, for …
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