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Article • September 15, 2003 • from PLN September, 2003
New York Muslim Prison Chaplains Purged by by Matthew T. Clarke Imam Warith Deen Umar helped found the advocacy group National Association of Muslim Chaplains (NAMC) in 1976. Since then, the 58-year old cleric and NAMC have come to exercise near monopolistic influence over the selection of Muslim prison chaplains …
Article • September 15, 2003 • from PLN September, 2003
Ninth Circuit Affirms Constitutionality of RLUIPA by by John E. Dannenberg In a case of first impression, the Ninth Circuit U.S. Court of Appeals affirmed a district court ruling that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) (42 U.S.C. § 2000 cc et seq.) passes constitutional …
Tennessee Prisoner Awarded $242,500 in CCA Medical Neglect Suit by On December 3, 2002, a U.S. district court issued a $400,000 judgment against Corrections Corporation of America for violating the rights of Wesley Taylor, a prisoner at the South Central Correctional facility in Tennessee. After hearing Taylor's §1983 federal civil …
Article • July 15, 2003 • from PLN July, 2003
Arkansas Prison Must Pay for Kosher Meals by Arkansas Prison Must Pay For Kosher Meals The Eighth Circuit Court of Appeals has affirmed an order of the United States District Court for the Eastern District of Arkansas ordering the Arkansas Department of Corrections (ADC) to provide a Jewish prisoner with …
Consultants Do Not Insulate Officials from Kosher Diet Liability by Consultants Do Not Insulate Officials from Kosher Diet Liability; Prisoner Loses $30,000 for Failing to Exhaust In an appeal by prison officials of a $30,000 punitive damage award for excluding a prisoner from participating in Jewish services and holidays, the …
Ohio Federal District Court Finds RLUIPA Constitutional by In a case of first impression in the Sixth U.S. Circuit, the Federal District Court for the Southern District of Ohio has refused to dismiss Ohio prisoners' religious rights claims based on the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 …
Article • June 15, 2003 • from PLN June, 2003
PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages by PLRA Physical Injury Requirement Not Applicable To First Amendment Compensatory Damages A federal district court in New York has held that the Prison Litigation Reform Act's (PLRA) prohibition against seeking damages for mental or emotional injury without a …
Ex-Employee Wins $500,000 Religious Discrimination Award Against TDCJ by The Texas Department of Criminal Justice (TDCJ) will appeal a half-million dollar judgment against it in favor of an ex-employee who claims she was forced to retire early after complaining of religious discrimination. Vicki Allen-Curry, an ex-employee, sued TDCJ and Richard …
Article • June 15, 2003 • from PLN June, 2003
New Jersey's Five Percenters an STG and a Religion by David Reutter by David M. Reutter The Third Circuit Court of Appeals has affirmed a New Jersey federal district court's grant of a motion for summary judgment in separate 42 U.S.C. §1983 actions filed by prisoner's Joel Fraise, Alexander Kettles, …
Article • May 15, 2003 • from PLN May, 2003
Kosher Diets for Prisoners Upheld in Tenth Circuit by Bob Williams The Tenth Circuit Court of Appeals has upheld the Colorado Federal District Court's permanent injunction directing the Colorado Department of Corrections (CDOC) to provide kosher meals to qualified prisoners in accordance with Orthodox Jewish law and rejected the CDOC's …
Article • May 15, 2003 • from PLN May, 2003
BOP Communion Wine Ban Challenged by David Reutter by David M. Reutter The Court of Appeals for the District of Columbia has reversed the grant of summary judgment favoring prison officials in a Bivens action filed by Catholic Christian prisoners at the Federal Prison Camp in Pensacola, Florida, which challenged …
Brief • April 13, 2003
Snyder v. Ross, IL, Answer, Hunger Strike over Denial of Muslim Diet, 2003 IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT ALEXANDER COUNTY, ILLINOIS People of the State of Illinois, ex rel. DONALD SNYDER, No. 03-MR-27 Plaintiff, v. TYSHAWN ROSS, Defendant. ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM Defendant, Tyshawn Ross, …
Denial of Nation of Islam Literature Unconstitutional by David Reutter by David M. Reutter The Third Circuit Court of Appeals held that prison officials' refusal to allow prisoners to receive Nation of Islam literature was unconstitutional, but prison officials were entitled to qualified immunity from money damages for their illegal …
Preliminary Injunction Granted to Religious Objector of Tuberculosis Skin Test by David Reutter by David M. Ruetter A New York federal district court has granted a preliminary injunction to a prisoner who objected on religious grounds, to taking a Purified Protein Derivative Test(PPD) to detect tuberculosis (TB). In a previous …
Article • December 15, 2002 • from PLN December, 2002
Summary Judgment Denied on New York Medical Isolation Conditions by A New York Federal District Court has denied summary judgment on claims that a prisoner's First Amendment right to free exercise of religion was violated by heightened restrictions in medical isolation and a denial of a vegetarian diet. As a …
Brief • November 22, 2002
Filed under: Religious Diet
Cotton v. FL DOC, FL, Motion to Dismis Opposition Credibility, Kosher Diet, 2002 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Miami Division Case No.: 02-22760-CIV-Moore/O’Sullivan ALAN J. COTTON, Plaintiff, v. FLORIDA DEPARTMENT OF CORRECTIONS; et al., Defendants. PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS Plaintiff respectfully submits this memorandum …
Article • October 15, 2002 • from PLN October, 2002
Washington District Court Grants Preliminary Injunction for Kosher Meals by The United States District Court for the Eastern District of Washington has ordered a preliminary injunction (PI) granting a state prisoner kosher meals in accordance with tenets of Orthodox Judaism. Roland Pitre is a state prisoner at Airway Heights Correctional …
Article • October 15, 2002 • from PLN October, 2002
Remand to Determine if TDCJ Grooming Policy Unconstitutional by Remand To Determine If TDCJ Grooming Policy Unconstitutional by Matthew T. Clarke The Fifth Circuit has remanded a case for the district court to hold an evidentiary hearing and determine whether the policy of the Texas Department of Criminal Justice (TDCJ) …
PLRA Allows California Religious Preliminary Injunction by David Reutter by David M. Reutter The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction …
Ohio District Court Grants TRO on Grooming Regulations by The Federal District Court for the Northern District of Ohio has granted a temporary restraining order (TRO) against Marion Correctional Institution (MCI), Marion, Ohio, preventing Warden Christine Money from enforcing a grooming policy against two Orthodox Chassidic Jews. Michael Goodman and …
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