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Article Clarification
Article • October 15, 1995 • from PLN October, 1995
Filed under: Prison Industries, Religious Freedom, Religious Diet, State Legislation
Article Clarification by In the August, 1995, PLN our ar ticle WA Passes Record Anti-Prisoner/Defendant Legislation commented at length on House Bill 2010. We were somewhat skeptical of provisions within the bill that designated efforts to explore establishing a kosher kitchen at the Airway Heights prison near Spokane, WA for …
WA Passes Record Anti-Prisoner/Defendant Legislation
Article • August 15, 1995 • from PLN August, 1995
Filed under: Discrimination, Sex Offender Registration, Sex Offenders (Discrimination), Prison Industries, Prison Labor, Medical Expenses, Sanctions (Disciplinary Hearings), Victims, Boot Camps, Overcrowding, Staffing, Exercise, Hygiene Supplies, Public Defenders, Prisoner Privileges, Education, Good Time, Parole, Probation, Seizure of Prisoner Funds, Restitution, Immigration, Extended Family Visiting, Religious Names, State Legislation
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
AA Probation Requirement Illegal for Atheist
Article • July 15, 1995 • from PLN July, 1995
Filed under: Probation, Mental Health, Drug Treatment/Rehab, Required Religious Programming
AA Probation Requirement Illegal for Atheist by In the May, 1994, issue of PLN we reported Warner v. Orange County Dept. of Probation, 827 F. Supp. 261 (SD NY 1993) which refused to dismiss a probationers claim that being forced to attend Alcoholics Anonymous (AA) meetings as a condition of …
SC Prisoners Protest Haircut Policy
Article • July 15, 1995 • from PLN July, 1995
Filed under: Prison Rebellion, Grooming Rules, Religious Freedom, Religious Grooming
SC Prisoners Protest Haircut Policy by In February, 1995, Michael Moore, a prison administrator from Texas, was appointed head of the South Carolina DOC. He promptly implemented the Aget tough on prisoners policies of recently elected Republican governor David Beasley. To date this has included cutting back on work release …
MO Hair Cut Rule Violates RFRA
Article • June 15, 1995 • from PLN June, 1995
Filed under: Religious Freedom Restoration Act, Religious Freedom, Religious Grooming
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 …
PI Granted to Satanist
Article • May 15, 1995 • from PLN May, 1995
Filed under: Preliminary Injunctions/TRO's, Religious Freedom, Religious Practices, Religious Property
PI Granted to Satanist by Robert Howard is a federal prisoner at FCI Englewood in Littleton, CO. He is also a Satanist. Howard made several requests to prison officials seeking to practice satanic rituals. Prison officials denied his requests and Howard filed suit claiming that the denial of his requests …
WA Prisoners Under Attack
Article • March 15, 1995 • from PLN March, 1995
Filed under: Medical Expenses, Exercise, Public Defenders, Prisoner Privileges, Seizure of Prisoner Funds, Sexually Explicit Materials, Civil Commitment, Visiting, Extended Family Visiting, Religious Names, State Legislation
WA Prisoners Under Attack by Paul Wright By Paul Wright Someone once said that no citizen's life, limb or property was safe while the legislature was in session. Substitute "Prisoner" for "citizen" and you have an idea of what things are like in Washington. Fortunately, the Washington state legislature is …
No Immunity for Sweat Lodge Denial
Article • February 15, 1995 • from PLN February, 1995
Filed under: Appeals, Qualified Immunity, Religious Freedom, Religious Practices
No Immunity for Sweat Lodge Denial by Ralph Thomas is a Nebraska state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that prison officials had violated his right to religious freedom by denying him daily access to the prisons sweat lodge for prayer. He claimed this denial also …
Prison Alcohol Program May Violate Free Speech
Article • November 15, 1994 • from PLN November, 1994
Filed under: Civil Procedure, Standing, Mootness, Qualified Immunity, Drug Treatment/Rehab, Required Religious Programming
Prison Alcohol Program May Violate Free Speech by The Iowa Civil Liberties Union (ICLU) and prisoners at the Clarinda Correctional Facility (CCF) filed suit under § 1983 challenging the DOC's expenditure of taxpayer funds on an alcohol rehabilitation program called "The Other Way." According to the complaint, this program has …
Santeros Win PI
Article • November 15, 1994 • from PLN November, 1994
Filed under: Discrimination, Religious Discrimination, Preliminary Injunctions/TRO's, Religious Freedom Restoration Act, Religious Practices, Religious Property
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
Article • November 15, 1994 • from PLN November, 1994
Filed under: Religious Freedom Restoration Act, Qualified Immunity, Religious Freedom, Religious Practices
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 …
Name Change Statute Upheld
Article • October 15, 1994 • from PLN October, 1994
Filed under: Religious Freedom, Religious Names
Name Change Statute Upheld by Kevin Mathews is a Texas state prisoner who filed suit under § 1983 challenging the constitutionality of § 32.22 of the Texas Family Code. The statute in question prohibits convicted felons from changing their names unless the person has been discharged from parole or probation, …
WA Punishment for Use of Religious Name Illegal
Article • August 15, 1994 • from PLN August, 1994
Filed under: Disciplinary Hearings, Legality of Rules, Summary Judgment, Mail Regulations, Religious Names
WA Punishment for Use of Religious Name Illegal by Dawud Halisi Malik By Dawud Halisi Malik On January 5, 1978, the superior court of the county of Walla Walla accepted my petition for name change as I had adopted Al-Islam as my religion. On May 8, 1990, I arrived at …
RFRA Has Retroactive Application
Article • July 15, 1994 • from PLN July, 1994
Filed under: Religious Freedom Restoration Act, Mail, Mail Regulations, Due Process, Religious Property
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 …
Lockdown May Be Unconstitutional
Article • July 15, 1994 • from PLN July, 1994
Filed under: Lockdowns, Court Access, Law Library Access/Adequacy, Religious Diet
Lockdown May Be Unconstitutional by Danny Eason is a Texas state prisoner. After two disturbances, in which he was not involved, the prison he was housed in was locked down for a total of 25 days. He claimed that during this period he was denied access to the prison law …
English Only Rule for Prayer Illegal
Article • July 15, 1994 • from PLN July, 1994
Filed under: Liberty Interests, Notice of Rules, Legality of Rules, Witnesses (Disciplinary Hearings), Summary Judgment, Qualified Immunity, Religious Freedom, Religious Practices
English Only Rule for Prayer Illegal by DeMont Conner is a Hawaii state prisoner. He filed suit under section 1983 claiming prison officials had violated his due process rights by punishing him for praying in Arabic with another prisoner and that the disciplinary hearing itself did not comport with due …
RFRA Supersedes O'Lone
Article • July 15, 1994 • from PLN July, 1994
Filed under: Religious Freedom Restoration Act, Religious Freedom, Denial of Religious Services
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 …
Prisoners Retain Right Against Self-Incrimination
Article • July 15, 1994 • from PLN July, 1994
Filed under: Disciplinary Hearings, Self Incrimination, Appointment of Counsel, Summary Judgment, Complaints, Mail Regulations, Due Process, Civil Commitment, Required Religious Programming
Prisoners Retain Right Against Self-Incrimination by Coy Phelps is a patient involuntarily committed in a Federal Medical Center (FMC) after having been acquitted of criminal charges by reason of insanity. He filed suit challenging both the statutes allowing his commitment and the conditions of confinement he was subjected to. He …
IL Bans Prisoner Name Changes
Article • June 15, 1994 • from PLN June, 1994
Filed under: Religious Freedom, Religious Names, State Legislation
IL Bans Prisoner Name Changes by The Illinois legislature recently passed Public Act 88-25, effective July 6, 1993, which prohibits convicted felons from changing their names while incarcerated. The act also prohibits felons from changing their names until two years after being paroled or pardoned. Anthony Bogan is a PLN …
ISR Seg Conditions Suit Not Frivolous
Article • June 15, 1994 • from PLN June, 1994
Filed under: Court Access, Frivolous Litigation, Complaints, Ad-Seg Hearings, Denial of Religious Services
ISR Seg Conditions Suit Not Frivolous by Twelve prisoners in the segregation unit of the Indiana State Reformatory (ISR) filed suit challenging their conditions of confinement. They claimed that their right to freely practice their religious faith was violated when they were denied access to religious programs; their right of …
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