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Missouri Haircut Rule Upheld under RFRA by Missouri Haircut Rule Upheld Under RFRA The court of appeals for the eighth circuit reversed a federal district court ruling which had held that a Missouri DOC rule requiring prisoners to have short hair and banning sweat lodges violated the Religious Freedom Restoration …
Texas Shaving Rule Declared Illegal by A federal district court in Texas ruled that a prison rule requiring prisoners be clean shaven violated a Muslim prisoner's religious rights and enjoined the rule. Johnson Lewis, a Texas state prisoner and a Muslim, filed suit claiming that prison regulations requiring that all …
Article • August 15, 1996 • from PLN August, 1996
Wisconsin Property Policy Violates RFRA by A federal district court in Wisconsin held that a state DOC policy sharply restricting prisoner property violates the Religious Freedom Restoration Act (RFRA) when it prohibits prisoners from wearing religious jewelry. The court held that the policy did not violate the RFRA in that …
Haircut Rule May Violate Equal Protection by A federal district court in Hawaii held that a prison rule requiring that prisoners have short hair and remain clean shaven may violate the constitution's guarantee to equal protection of law and the Religious Freedom Restoration Act (RFRA). Edmund Abordo, a Hawaii state …
Texas Grooming Code May Violate RFRA by The court of appeals for the fifth circuit held that a district court erred in dismissing a Texas prisoner's claim that prison grooming regulations, requiring that prisoners be clean shaven and have short hair, violated his rights under the Religious Freedom Restoration Act …
Tuberculosis TRO Issued by A federal district court in New York granted a prisoner's motion for a Temporary Restraining Order (TRO) holding that a prison's mandatory tuberculosis (TB) test violated his religious rights. Paul Jolly, a New York state prisoner, is a Muslim. In 1991 the New York DOCS implemented …
$55,540 in Attorney Fees for RFRA Suit by Schlomo Helbrans, an orthodox Jew, filed suit to prevent being shaven for a photo by prison officials upon his entry into the New York prison system. He contended that being shaven would violate his religious beliefs. He prevailed on his claim when …
RFRA Applies to Retaliation Claims by A federal district court in Colorado has held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) applies to prisoners' retaliation claims. John Hall, a Colorado state prisoner, filed suit under the RFRA and § 1983 claiming prison officials retaliated against him …
Case Updates by Women Prisoners : In the November, 1995, edition of PLN we reported the appeal court's decision in Pargo v. Elliot , 49 F.3d 1355 (8th Cir. 1995) in which the appeals court reversed and remanded the case for the lower court to determine whether women prisoners in …
Muslims Granted TRO by Afederal court in New York granted a Temporary Restraining Order (TRO) to Sufi Muslim prisoners which prevented the New York DOCS from implementing a policy banning the display of black Dhikr beads and banning possession of beads colored anything but black. The New York anti bead …
RFRA Case Set for Trial by A federal district court in Pennsylvania held that a factual dispute existed as to whether a jail's policy banning detainees from wearing religious headgear substantially burdened the exercise of religion under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b). In its ruling, …
RFRA TRO Granted by A federal district court in Arizona granted a Temporary Restraining Order (TRO) to an Arizona state prisoner who filed suit seeking relief for violation of his religious rights to a Kosher diet, to long hair, a colored head covering and to maintain a vow of poverty. …
RFRA Analyzed and Applied in 10th Circuit by The court of appeals for the tenth circuit has issued its first ruling analyzing the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1, holding that it may well require prison officials to provide Native American prisoners with sweat lodge facilities. Robert …
Article • June 15, 1995 • from PLN June, 1995
MO Hair Cut Rule Violates RFRA by In the June, 1994 issue of PLN we reported passage of the Religious Freedom Restoration Act (RFRA) 42 U.S.C. § 2000bb and predicted that many states "grooming rules" which ban beards long hair etc. would likely be found unlawful under it. While we …
Santeros Win PI by Santeria is a religion which combines aspects of Catholicism and African animism. Believers worship saints, or orishas, who have their own personalities and characteristics. Santeria is widely practiced in Caribbean and Latin American countries. In Church of the Lukumi Babah Aye, Inc. v. City of Hialeah, …
RFRA Must Be Argued on Merits by Prisoners at the Nebraska State Penitentiary filed suit under the Religious Freedom Restoration Act (RFRA) 42 U.S.C. § 2000bb claiming that prison officials had violated their right to practice their religion. The prisoners are adherents to Asatru, an Icelandic term for the ancient …
RFRA Has Retroactive Application by Adherents of the Hebrew Israelite faith challenged Florida prison regulations which forbade their receipt of Hebrew Israelite literature. A class action suit challenging the censorship culminated with a victory for the prisoners at 641 F. Supp 312 in 1986. The court of appeals for the …
Cross Gender Strip Searches Illegal by David Canedy is a Wisconsin state prisoner. He filed suit claiming that during a shakedown of his housing unit female guards strip searched him, causing him embarrassment, humiliation and mental distress. Male guards were readily available and could have conducted the search. He also …
RFRA Supersedes O'Lone by O'Lone As reported in PLN, Vol. 5, No. 6, the Religious Freedom Restoration Act (RFRA) was signed into law by President Clinton in November, 1993. It forbids government infringement of religious rights and claims. The RFRA is already being applied to prisoner civil rights actions with …
Religious Freedom Restoration Act Passed by Congress has passed, and President Clinton has signed into law, the Religious Freedom Restoration Act of 1993, Public Law 103-141. The new statute was passed without an exemption for prisons and jails requested by law enforcement officials including the Attorney Generals of 26 states …
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