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Detainee's Excessive Force Claim Requires Trial by The Federal District Court for the Southern District of New York denies dispositive motion to dismiss excessive force and religious discrimination retaliation claims brought against Putnam County Jail Sheriff and two guards by pretrial detainee Kareem Ali. Ali alleged that while he was …
Article • November 15, 2000 • from PLN November, 2000
$78,000 Damages and Fees Awarded in KS Kosher Diet Suit by A federal district court in Kansas awarded a prisoner $30,622 in attorneys' fees and $1,200 in costs and expenses. The court held, however, that the Prison Litigation Reform Act (PLRA), required the court to apply 25 percent of plaintiff's …
Article • October 15, 2000 • from PLN October, 2000
No Immunity in Denying Kosher Diet by The court of appeals for the Second Circuit held that fact issues requiring a trial were present in a Jewish prisoner's lawsuit over the denial of a kosher diet. The court also held prison officials were not entitled to qualified immunity from money …
Article • October 15, 2000 • from PLN October, 2000
Wisconsin Ban on Crosses Struck Down by The court of appeals for the Seventh Circuit held that a Wisconsin prison rule banning crosses unless it was attached to a rosary violated the First amendment rights of Protestants. This is the latest installment in a long running lawsuit over the Wisconsin …
Race-Based Religious Policy Violates Equal Protection Clause by A federal district court in Virginia held that a race-based prison policy preventing non-Native American prisoners from obtaining Native American spiritual items violated the Equal Protection Clause. The court issued an injunction enjoining the application of the policy, based solely on race. …
Retaliation Claim Remanded for Hearing on Qualified Immunity by Ronald Young Retaliation Claim Remanded For Hearing On Qualified Immunity By Ronald Young The court of appeals for the Second circuit held that a district court's denial of summary judgement to prison guards on grounds of qualified immunity required remand to …
Nevada Religious Group Gets Federal Money to Help Prisoners, Delivers Nothing by Nevada Religious Group Gets Federal Money to Help Prisoners, Delivers Nothing by Matthew T. Clarke Alliance Collegiums Association of Southern Nevada (ACASN), a faith-based organization led by black ministers with the stated mission of providing prisoners with support …
Article • May 15, 2000 • from PLN May, 2000
Transfer Moots Wiccan's Claim by The court of appeals for the Eighth circuit held that a prisoner's transfer to a different prison mooted his religious rights lawsuit. Duane Smith is an Iowa state prisoner of the Wiccan faith. He filed suit seeking declaratory and injunctive relief to the effect that …
Tenth Circuit Holds Prison Officials Liable for Failing to Provide Religious Meals by Tenth Circuit Holds Prison Officials Liable For Failing To Provide Religious Meals The Tenth Circuit court of ap- peals has held that prison officials unconstitutionally interfered with a punitive segregation prisoner's exercise of religion when they failed …
Brief • March 21, 2000
Jackson v. DC, Opinion for Defendants, Religious Practice, 2000 89 F.Supp.2d 48 (2000) Louis JACKSON, Isadore Gartrell, Carl Wolfe & Roddy McDowell, Plaintiffs, v. DISTRICT OF COLUMBIA, Odie Washington, & The Federal Bureau of Prisons, Defendants. No. Civ.A. 99-03276 (HHK). United States District Court, District of Columbia. March 21, 2000. …
Article • February 15, 2000 • from PLN February, 2000
PLRA Administrative Remedy Exhaustion Requirement Not Retroactive by The Second Circuit has held that the Exhaustion of Administrative Remedies requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a), does not apply to suits pending prior to the PLRA's enactment. Abdullah Y. Salahuddin, a New York state prisoner, …
Dismissal of Haircut Suits Reversed by In two brief, separate rulings, the court of appeals for the Eighth circuit reversed and remanded the dismissal of lawsuits challenging prison haircut rules by Rastafarian prisoners. In one case, the court held the district court had improperly concluded the plaintiff had not exhausted …
Prisoner Strip Search Warrants Fourth Amendment Analysis by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's Fourth Amendment claim alleging unreasonable multiple strip searches performed on him by a female guard were not frivolous, as would warrant dismissal under the PLRA. The court also …
Article • November 15, 1999 • from PLN November, 1999
$7,000 Award to Prisoner Shoved by Guard while Praying by $7,000 Award to Prisoner Shoved by Guard While Praying A federal district court in New York has awarded $7,000 in damages to a muslim prisoner who, while he was praying, was shoved from behind by a guard. Generoso Arroyo Lopez, …
New Mexico Riot Rooted in Religious Rights by On April 6, 1999, up to 400 prisoners at the Wackenhut-oper- ated Lea County Correctional Facility in Hobbs, New Mexico, rioted and ransacked the prison's kitchen and dining areas. Thirteen guards, including two state employees, and one prisoner were injured in the …
Article • September 15, 1999 • from PLN September, 1999
Arizona DOC Settles Kosher Diet Suit by On January 29, 1999, the Arizona Department of Corrections settled a lawsuit involving a Jewish prisoner's right to a kosher diet. Kenneth Ashelman, an orthodox Jewish prisoner, filed suit when the DOC refused to provide him with a kosher diet. The suit was …
First Amendment Guarantees Kosher Meals by The court of appeals for the Third 1 Circuit held that under the First Amendment, prison officials must provide Jewish prisoners with a diet sufficient to sustain them in good health without violating kosher laws. However, the food need not be hot, nor even …
Article • August 15, 1999 • from PLN August, 1999
Tarrant County Jail's Christian Education Unit May Violate Texas and Federal Establishment Clauses by In a detailed and well-reasoned opinion, a Texas state appellate court held that the establishment of a Christian Education Unit (CEU) in a county jail may violate the Establishment Clauses in the Texas and federal constitutions. …
AA Probation Requirement Continues to Violate Establishment Clause by In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert …
Article • March 15, 1999 • from PLN March, 1999
Arkansas Sheriff Bent on "Saving" Prisoners by Arkansas Sheriff Bent on "Saving" Prisoners They call him "Sheriff Andy," you know, just like the TV show. But if your butt lands in Sheriff Andy Lee's Benton County (Arkansas) jail, you won't think you're stuck in a Mayberry R.F.D. rerun. More like …
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