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Fourth Amendment Forbids Taping of Jail Confession to Clergy

Article • November 15, 1997 • from PLN November, 1997

Filed under: Criminal Prosecution, Conditions of Confinement, Electronic Monitoring, Religious Freedom Restoration Act, Religious Practices, Clergy

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 …

Consent Decree Termination Provision Upheld

Article • October 15, 1997 • from PLN October, 1997

Filed under: Consent Decrees (PLRA), Religious Freedom, Religious Practices

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 …

Arizona Prisoner Entitled to Kosher Diet

Article • October 15, 1997 • from PLN October, 1997

Filed under: Food, Religious Freedom Restoration Act, Religious Freedom, Religious Diet

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

Article • October 15, 1997 • from PLN October, 1997

Filed under: Drug Treatment/Rehab, Visiting, Extended Family Visiting, Required Religious Programming

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

Article • October 15, 1997 • from PLN October, 1997

Filed under: Racial Discrimination, Eighth Amendment, Excessive Force, Guard Brutality/Beatings, Grooming Rules, Damages, Religious Freedom Restoration Act, Religious Grooming

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 …

Supreme Court Strikes Down RFRA as Unconstitutional

Article • September 15, 1997 • from PLN September, 1997

Filed under: Religious Freedom Restoration Act, Religious Freedom, Religious Practices

Supreme Court Strikes Down RFRA as Unconstitutional by On June 25, 1997, the United States supreme court struck down as unconstitutional the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In 1993 the RFRA was enacted by congress in response to the supreme court ruling in Employment Division, Dept. …

AA Probation Requirement Violates Establishment Clause

Article • August 15, 1997 • from PLN August, 1997

Filed under: Attorney Fee Awards, Civil Procedure, Defenses, Probation, Municipal Liability, Drug Treatment/Rehab, Required Religious Programming

AA Probation Requirement Violates Establishment Clause by The court of appeals for the second circuit affirmed a lower court ruling that a probation condition requiring an atheist probationer to attend Alcoholics Anonymous (AA) meetings violated the establishment clause of the first amendment. In the July, 1995, issue of PLN we …

Physical Injury Requirement Not Retroactive

Article • July 15, 1997 • from PLN July, 1997

Filed under: Physical Injury Rule, Religious Freedom Restoration Act, Qualified Immunity, Religious Freedom, Denial of Religious Services

Physical Injury Requirement Not Retroactive by A federal district court in New York held that 42 U.S.C. § 1997e(e), a section of the PLRA which requires prisoners to sustain physical injury before they can seek money damages, is not retroactive to claims arising before the PLRA's April 26, 1996, enactment. …

Death Blossoms

Article • July 15, 1997 • from PLN July, 1997

Filed under: Political Prisoners, Reviews, Death Penalty/Death Row, Death Penalty, Religion Defined

Death Blossoms by Mark Cook Review by Mark Cook Mumia Abu Jamal's Death Blossoms walks the reader through a hallway of mirrors reflecting the thoughts of a prisoner of conscience contending with the oppressive diversion of a death sentence. Death Blossoms evades the State's attempt to silence him. In an …

TB Isolation May Violate RFRA

Article • June 15, 1997 • from PLN June, 1997

Filed under: Tuberculosis, Exercise, Religious Freedom Restoration Act, Religious Freedom, Religious Practices

TB Isolation May Violate RFRA by A federal district court in Indiana held that a prison policy of isolating Muslim prisoners who refused tuberculosis screening tests may violate the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) and the eighth amendment. Indiana prisoners who refuse TB tests involving the …

Prison NA Meetings Violate Establishment Clause

Article • June 15, 1997 • from PLN June, 1997

Filed under: Qualified Immunity, Mental Health, Drug Treatment/Rehab, Required Religious Programming

Prison NA Meetings Violate Establishment Clause by The court of appeals for the seventh circuit held that a prisoner's forced attendance at a religion based substance abuse counseling program violates the establishment clause of the first amendment. James Kerr is a Wisconsin state prisoner in a minimum security prison. Prison …

Qualified Immunity for Strip Search

Article • June 15, 1997 • from PLN June, 1997

Filed under: Gender Discrimination -- Men, Strip Searches, Mootness, Qualified Immunity, Religious Freedom, Religious Practices

Qualified Immunity for Strip Search by In the July, 1994, issue of PLN we reported Canedy v. Boardman, 16 F.3d 183 (7th Cir. 1993) which reversed dismissal of a Muslim prisoner's suit claiming violation of his religious rights when guards of both sexes could see him naked. On remand the …

Wisconsin RFRA Jewelry Ruling Affirmed

Article • June 15, 1997 • from PLN June, 1997

Filed under: Religious Freedom Restoration Act, Religious Freedom, Religious Property

Wisconsin RFRA Jewelry Ruling Affirmed by The court of appeals for the seventh circuit held that a prison policy prohibiting prisoners from wearing crucifixes and all other religious jewelry violated the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In the August, 1996, issue of PLN we reported Sasnett …

Moors Settle with Indiana DOC

Article • May 15, 1997 • from PLN May, 1997

Filed under: Settlements, Religious Freedom, Denial of Religious Services

Moors Settle with Indiana DOC by As a result of more than 15 years of struggle and litigation, the Moorish Science Temple and the Indiana Department of Corrections entered into a settlement agreement stemming from a suit filed by Granville Radford-Bey and Spencer Caldwell-Bey. On August 30, 1996, the Moors …

RFRA Allows Redaction of Religious Publication

Article • May 15, 1997 • from PLN May, 1997

Filed under: Religious Freedom Restoration Act, Mail, Publications/Books, Mail Regulations, Religious Property

RFRA Allows Redaction of Religious Publication by The court of appeals for the eleventh circuit held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, is not violated when prison officials censor only portions of a religious publication. This is the first eleventh circuit ruling to interpret the …

A Native American Resource

Article • April 15, 1997 • from PLN April, 1997

Filed under: Reviews, Resources, Religious Freedom, Religious Practices

A Native American Resource by The Traditional Native American Tobacco Seed Bank and Education Program (TNAT) at the University of New Mexico has three objectives: 1.) Collecting, preserving, growing and distributing the seeds of the many traditional Native American types of tobacco; 2.) Educating Native Americans about the dangers of …

Seventh Circuit Analyzes RFRA

Article • April 15, 1997 • from PLN April, 1997

Filed under: Religious Freedom Restoration Act, Religious Freedom, Religious Diet, Religious Practices

Seventh Circuit Analyzes RFRA by The court of appeals for the seventh circuit gave its first ruling on the application of the Religious Freedom Restoration Act (RFRA) to prison cases in that circuit and in doing so defined what constitutes a "substantial burden" on religious practcies. The court consolidated two …

Pierce County (Tacoma) Jail Suit Settled

Article • March 15, 1997 • from PLN March, 1997

Filed under: Systemic Medical Neglect, Medical Expenses, Overcrowding, Staffing, Exercise, Clothing, Bedding, Jail Specific, Settlements, Religious Freedom, Religious Practices

Pierce County (Tacoma) Jail Suit Settled by In the February, 1995, issue of PLN we reported the filing of Herrera v. Pierce County, a class action suit challenging overcrowding and various other unconstitutional conditions at the Pierce County jail in Tacoma, Washington. The suit was settled in mid 1996 in …

Litigant Entitled to Summary Judgment Notice

Article • March 15, 1997 • from PLN March, 1997

Filed under: Summary Judgment, Religious Freedom, Denial of Religious Services, Clergy

Litigant Entitled to Summary Judgment Notice by The court of appeals for the ninth circuit has reaffirmed that a district court which transforms a motion to dismiss into a motion for summary judgment by considering matters outside the pleadings must give the opposing party proper notice. Charles Anderson is a …

Washington Religious Name Retaliation Suit Settled

Article • February 15, 1997 • from PLN January, 1997

Filed under: Settlements, Religious Freedom, Religious Names

Washington Religious Name Retaliation Suit Settled by In the July, 1996 and August, 1994, issues of PLN we reported Malik v. Brown, 71 F.3d 724 (9th Cir. 1995) and 16 F.3d 330 (9th Cir. 1994), in which Washington state prisoner, and PLN supporter, Dawud Malik was punished by prison officials …