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Religious Discrimination, Unsanitary Food Suit Denied Summary Judgment by The United States District Court for the District of Columbia has partly granted, and mostly denied, the defendants' motions for summary judgment on a District of Columbia (D.C.) prisoner's claims that he was racially discriminated against by the defendants' arbitrary handling …
Article • June 15, 2002 • from PLN June, 2002
Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule by by Matthew T. Clarke The Tenth Circuit held that the PLRA forbids recovery of compensatory damages for violations of the right to exercise a religious preference absent proof of physical injury. Jimmy Searles, a Kansas state prisoner, filed …
Forced AA/NA for Parolee Defeats Qualified Immunity by A Wisconsin federal district court has held that officials are not entitled to qualified immunity when they require atheist parolees to participate in religious based substance abuse programs. John Bausch, a former prisoner and parolee, filed an action under 42 U.S.C. § …
Tenth Circuit Discusses Religious Rights in BOP by Yu Kikumura is a federal political prisoner and member of the Japanese Red Army, who has been greatly harassed by authorities during his incarceration. His religious practices mix Buddhism and Christianity. Beginning in 1997, Kikumura tried to obtain pastoral visits from Reverend …
Compelled Attendance at AA/NA Violates Establishment Clause by Compelled Attendance At AA/NA Violates Establishment Clause The Washington Court of Appeals has held that it violates the Establishment Clause of the First Amendment for the DOC to force a prisoner to attend AA/NA meetings as a part of its chemical dependency …
Intangible Religious Freedom Claims Not Barred by PLRA by John E Dannenberg Intangible Religious Freedom Claims Not Barred By PLRA by John E. Dannenberg The U.S. District Court (District of Massachusetts) held that the Prison Litigation Reform Act's (PLRA) proscription of claims for emotional damages, in the absence of physical …
Article • April 15, 2002 • from PLN April, 2002
En Banc Third Circuit Defines Religious Standard by by Matthew T. Clarke The federal Court of Appeals for the Third Circuit sitting en banc has ruled that the centrality of a religious belief to a prisoner's religion is not a factor in whether the belief must be accommodated by prison …
New Retaliation Standard Defined by In a case of first impression, the Court of Appeals for the Third Circuit has defined a prisoner's burden of proof in a retaliation claim. Prisoner Henry Rauser sued Pennsylvania Department of Corrections (PDOC) officials after they retaliated against him for exercising his right to …
Sixth Circuit Finds Ohio Response to Jewish Prisoner's Hair 'Exaggerated' by The Sixth Circuit Court of Appeals, in a case addressing an Ohio prisoner's suit over the Department of Rehabilitation and Correction's (DORC) hairlength restriction "as applied," has reversed the district court's denial of qualified immunity to DORC defendants, but …
Texas Gives $2 Million to Proselytizing Prison Program by by Matthew T. Clarke The Texas Legislature appropriated an additional $1.5 million to expand the Interchange Freedom Initiative (IFI) to include prisoners who expect to be paroled to the DallasFort Worth area. Sponsored by Prison Fellowship Ministries, an organization founded by …
Tarrant County (Texas) Jail's 'God Pod' Unconstitutional by by Matthew T. Clarke The Texas Supreme Court has held that the Chaplain's Education Unit (CEU) at the Tarrant County Jail unconstitutionally violates the separation of church and state. In 1992, former Tarrant County (Texas) Sheriff David Williams initiated the CEU program, …
Use of Force, Religious Diet Claims Set for Trial by A New York prisoner's 42 U.S.C. § 1983 lawsuit on First and Eighth Amendment violations survived three out of four summary judgment challenges by prison officials and moved closer to trial. On September 5, 1996, Abdul Majid, a prisoner at …
Race-Based Religious Policy Unconstitutional by The Court of Appeals for the Fourth Circuit has held that prison officials' denial of Native American religious items to a non-Native American prisoner based solely upon his race violates the Equal Protection Clause of the Fourteenth Amendment. Virginia prisoner Gary David Morrison, Jr., filed …
Summary Judgment Granted for Forced Religious Substance Abuse Program by A New York federal district court has awarded summary judgment to a prisoner who held agnostic beliefs and was forced to participate in a prison religious-based substance abuse program. New York prisoner Troy Alexander sued officials at Cayuga Correctional Facility …
Article • September 15, 2001 • from PLN September, 2001
Denial of Religious Diet Violates First Amendment by The Court of Appeals for the Eighth Circuit held that prison officials' denial of a religious diet violated the First Amendment by substantially burdening a state prisoner's religious beliefs. Arkansas state prisoner Kelvin Love is a self-proclaimed adherent of the "Hebrew religion." …
Preliminary Injunction Granted in TB Hold Case by A federal district court in New York granted a Rastafarian prisoner's motion for a preliminary injunction in an action challenging a prison policy compelling his placement into restrictive confinement for one year for refusal on religious grounds to submit to a tuberculosis …
Article • July 15, 2001 • from PLN July, 2001
Florida Religious Name Change Upheld by The Eleventh Circuit Court of Appeals upheld a federal district court order requiring the Florida Department of Corrections (FDOC) to allow Muslim prisoners to use their religious name to obtain prison services. While incarcerated, Florida death row prisoner Kenneth D. Quince converted to Islam …
Secular Humanism: Philosophy or Religion? by The D.C. Circuit has held that federal prison officials were entitled to qualified immunity for refusing to recognize secular humanism as a religion. Ben Kalka, a former federal prisoner, sought to form secular humanism groups to meet in prison chapels. At his last unit …
Article • March 15, 2001 • from PLN March, 2001
Permanent Injunction Granted for Kosher Diets by The Colorado Federal District Court granted a permanent injunction against the Department of Corrections (CDOC) finding the CDOC in violation of the Free Exercise Clause of the First Amendment for failing to provide Colorado Prisoners with a kosher diet. As reported in the …
New York Prayer Rule Struck Down by by Matthew T. Clarke The Second Circuit court of ap- peals has held that Rule 105.11 of the New York State Department of Corrections Services (DOCS) Standards of Inmate Behavior (the Rules) violates the Due Process Clause of the Fifth Amendment when used …
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