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Article • March 15, 1999 • from PLN March, 1999
South Carolina Grooming Rules Upheld by The court of appeals for the Fourth circuit held that South Carolina prison rules requiring that all male prisoners have short hair and remain clean shaven were constitutional. In 1995 the South Carolina Department of Corrections implemented numerous "get tough" measures on prisoners, this …
Physical Injury Requirement Inapplicable to First Amendment Claims by The court of appeals for the Ninth circuit held that the "three strikes" provision of the Prison Litigation Reform Act (PLRA) does not apply to cases pending at the time of the law's enactment and that the PLRA's physical injury requirement …
Article • December 15, 1998 • from PLN December, 1998
Preliminary Injunction Granted in Kosher Diet Claim by Prisons must provide a diet which conforms to prisoners' sincerely held religious beliefs according to a federal court in Colorado. Charles Beerheide, Sheldon Perlman, and Allen Fistell, Colorado state prisoners who are Orthodox Jews, filed suit under 42 U.S.C. § 1983, alleging …
Segregated Prisoners Retain Religious Congregation Rights by Prisoners in disciplinary segregation (keeplock) in the Second Circuit have a clearly established right to attend religious services according to a New York federal district court. The court also required the attorney general's office to explain why it should not be sanctioned for …
Article • November 15, 1998 • from PLN November, 1998
Trial Required in Kosher Diet Claim by Afederal district court in Kansas held that a trial was required to resolve disputed issues of material fact in a Jewish prisoner's lawsuit over the denial of a Kosher diet. Jimmy Searles is a Kansas state prisoner. While housed at the Hutchinson Correctional …
PLRA Physical Injury Requirement Does Not Apply to Ex-Cons by The court of appeals for the Seventh circuit held that the PLRA's physical injury requirement does not apply to suits filed after a prisoner is released from prison. The court also held that secular substance abuse programs do not violate …
Article • August 15, 1998 • from PLN August, 1998
PLRA Finding Required for Injunctive Relief by The court of appeals for the Ninth circuit held that district courts must make specific findings under the Prison Litigation Reform Act (PLRA) before granting prospective relief regarding prison conditions and this requirement applied retroactively to cases pending at the time of the …
Brief • June 24, 1998
Filed under: Religious Freedom
Kikumura v. US, CO, Complaint, Denial of Religious Rights, 1998
Race Requirement for Religion Struck Down by Afederal district court in Louisiana held that a prison rule allowing only ethnic Native Americans to engage in Native American Religious (NAR) practices was unconstitutional. Seven Louisiana state prisoners housed in a private prison operated by the Corrections Corporation of America (CCA) on …
Article • June 15, 1998 • from PLN June, 1998
Refusal of Non-Lethal Injection Kills Arizona Prisoner by Arizona prisoner Teshome Abate, 39, died Jan. 3, 1998, after a four month hunger strike. In 1989 Abate brought suit against the department of corrections seeking to acquire his Ethiopian Orthodox Christian diet. Ethiopian Orthodox leaders had informed officials their faith requires …
Article • June 15, 1998 • from PLN June, 1998
Trial Required in Religious Diet Claim by Afederal district court in California held that disputed facts required a trial to determine if a segregated Muslim prisoner's religious rights were violated when he was denied a special diet during Ramadan. Roderick Washington, a California state prisoner, filed suit claiming he was …
Article • May 15, 1998 • from PLN May, 1998
Tenth Cir. Upholds IFP Provisions by The court of appeals for the tenth circuit held that the PLRA's IFP provisions, requiring full payment of all filing fees, were constitutional. All circuit courts to consider the issue have held likewise. The court also upheld the censorship of the magazine Muhammad Speaks …
AZ Jail's Discriminatory Treatment of Muslims Requires Trial by The court of appeals for the ninth circuit held that a district court erred when it granted summary judgment to jail officials regarding claims of discriminatory treatment by a Muslim jail prisoner. Benjamin Freeman was held in the Maricopa county jail …
Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
AA Still Violates the Establishment Clause by A federal district court in New York reaffirmed its earlier decision holding that a condition of probation requiring an atheist to attend Alcoholics Anonymous meetings violates the establishment clause of the First Amendment. A nominal damage award of $1 was reinstated. This case …
Fourth Amendment Forbids Taping of Jail Confession to Clergy by The court of appeals for the ninth circuit held that state prosecutors, judges and jail officials violated the fourth amendment and the now defunct Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, by secretly taping the confession a jail …
Article • October 15, 1997 • from PLN October, 1997
Consent Decree Termination Provision Upheld by A federal district court in Indiana held that 18 U.S.C. § 3636(b)(2), which allows for the immediate termination of previously entered consent decrees, is constitutional. The court rejected arguments that § 3626(b)(2) violates prisoners' right to equal protection, impairs contracts and violates the separation …
Article • October 15, 1997 • from PLN October, 1997
Arizona Prisoner Entitled to Kosher Diet by The court of appeals for the ninth circuit held that a district court erred when it upheld the denial of Kosher meals to Jewish prisoners in Arizona. Kenneth Ashelman is one of 70 Jewish prisoners in the Arizona DOC. Prison officials in that …
New York AA Program Violates Establishment Clause by The court of appeals of New York (the highest state court) held that the establishment clause of the U.S. constitution is violated when an atheist prisoner was deprived of family visits for refusing to participate in a religious oriented Alcohol and Substance …
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
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