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Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor”
Article • June 15, 2012 • from PLN June, 2012
Filed under: Religious Discrimination, RLUIPA, Immunity/Liability, Contractor Liability, Denial of Religious Services, Religious Property
Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor” by Congregation Pidyon Shevuyim, N.A., a private Jewish organization that contracted with the Washington Department of Corrections (DOC), may not be sued under 42 U.S.C. § 1983 or the Religious Land Use and Institutionalized Persons Act (RLUIPA), the …
God’s Own Warden: If you ever find yourself inside Louisiana’s Angola prison, Burl Cain will make sure you find Jesus – or regret ever crossing his path
Article • June 15, 2012 • from PLN June, 2012
Filed under: Guard Misconduct, Religious Discrimination, Prison Industries, Prison Labor, Media, Prisoner Media, Access to Media, Censorship, Required Religious Programming, Denial of Religious Services, Proselytizing
God’s Own Warden: If you ever find yourself inside Louisiana’s Angola prison, Burl Cain will make sure you find Jesus – or regret ever crossing his path by James Ridgeway God’s Own Warden: If you ever find yourself inside Louisiana’s Angola prison, Burl Cain will make sure you find Jesus …
10th Circuit Weighs 1st Amendment Rights for Muslim Prisoners
Article • May 15, 2012
Filed under: Mail, Publications/Books, Censorship, Religious Diet, Denial of Religious Services, Religious Property, Clergy
10th Circuit Weighs 1st Amendment Rights for Muslim Prisoners by The Tenth Circuit Court of Appeals in March, 1972, reversed and remanded a § 1983 complaint wherein Petitioner alleged certain religious liberties, violations, and mail issues. Prior to the instant action, Petitioner Eddie Hoggro brought his cause before the U.S. …
Fourth Circuit Reverses Muslim Prisoner Mail Restrictions
Article • May 15, 2012
Filed under: Mail, Publications/Books, Mail Regulations, Denial of Religious Services, Religious Practices, Religious Property
Fourth Circuit Reverses Muslim Prisoner Mail Restrictions by The Fourth Circuit Court of Appeals remanded for an evidentiary hearing to determine if Muslim publications were a threat to prison security. Appellant/Plaintiff Richard X. Brown brought before the Fourth Circuit Court of Appeals in October, 1970, his § 1983 claim for …
Davis et al v. Abercrombie et al, HI, Complaint, CCA religious discrimination denial retaliation, 2011
Brief • November 14, 2011
Filed under: Corrections Corporation of America/CoreCivic, Religious Discrimination, Retaliation, RLUIPA, Denial of Religious Services, Religious Practices
Davis et al v. Abercrombie et al, HI, Complaint, CCA religious discrimination denial retaliation, 2011 Case 1:11-cv-00144-LEK -BMK Document 42 Filed 11/14/11 Page 1 of 126 821 PageID #: NATIVE HAWAIIAN LEGAL CORPORATION 1164 Bishop Street, Suite 1205 Honolulu, Hawaii 96813 Telephone: (808) 521-2302 Fax: (808) 537-4268 ANDREW B. SPRENGER …
Denial of Separate Religious Services Leads to Sectarian Tension Between New York Shiite and Sunni Prisoners
Article • September 15, 2011
Filed under: Religious Freedom, Denial of Religious Services
Denial of Separate Religious Services Leads to Sectarian Tension Between New York Shiite and Sunni Prisoners by Matthew Clarke by Matt Clarke Shiite Muslim prisoners in New York state prisons have long sought their own services separate from the majority Sunni Muslims. A recent federal court of appeals decision may …
No New Trial on Religious Separatist Claims
Article • September 15, 2011
Filed under: Civil Procedure, Jury Instructions, RLUIPA, Publications/Books, Denial of Religious Services, Religious Practices
No New Trial on Religious Separatist Claims by The Eighth Circuit Court of Appeals affirmed the denial of new trial on a Missouri prisoner’s religious freedom claims. Missouri prisoner Michael Murphy “is a practicing member of the Christian Separatist Church Society (CSC)” which “allows only Caucasians to be members and …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA
Article • August 15, 2011 • from PLN August, 2011
Filed under: Damages, RLUIPA, Sovereign Immunity, Denial of Religious Services, Religious Practices, News, Federal Legislation
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
Davis et al v. Abercrombie et al, HI, Order denying Def Mot to Transfer Venue, CCA religious discrimination denial retaliation, 2011
Brief • May 27, 2011
Filed under: Corrections Corporation of America/CoreCivic, Religious Discrimination, Retaliation for Filing Grievances, RLUIPA, Denial of Religious Services, Religious Practices
Davis et al v. Abercrombie et al, HI, Order denying Def Mot to Transfer Venue, CCA religious discrimination denial retaliation, 2011 Case 1:11-cv-00144-LEK -BMK Document 28 Filed 05/27/11 Page 1 of 27 657 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS; et …
Second Circuit Reverses Denial of RLUIPA Dietary Claim
Article • March 15, 2011 • from PLN March, 2011
Filed under: RLUIPA, Religious Freedom, Religious Diet, Denial of Religious Services, Religious Practices, Religious Property, Proselytizing
Second Circuit Reverses Denial of RLUIPA Dietary Claim by The Second Circuit Court of Appeals reversed a district court’s dismissal of the religious diet claims of two New York prisoners who practiced a religious faith called “Tulukeesh.” In 2003, New York prisoner Tyheem Keesh sought permission to practice his religion, …
Alabama DOC Settles Wicca Suit
Article • March 15, 2011
Filed under: Religious Freedom, Denial of Religious Services, Religious Practices, Religion Defined
Alabama DOC Settles Wicca Suit by On August 20, 2004, the Alabama Department of Corrections (ADOC) agreed to settle a suit seeking recognition and accommodation of Wiccan religious practices. In 1995, Timothy Hornsby sued the ADOC arguing that its refusal to recognize Wicca as a religion violated his constitutional and …
Massachusetts DOC Injunction Requiring Broadcast of Jum’ah Services via Closed-Circuit Television Upheld
Article • January 15, 2011 • from PLN January, 2011
Filed under: RLUIPA, Religious Freedom, Denial of Religious Services
Massachusetts DOC Injunction Requiring Broadcast of Jum’ah Services via Closed-Circuit Television Upheld by The U.S. Court of Appeals for the First Circuit upheld an injunction requiring the Massachusetts Department of Correction (DOC) to broadcast Friday Jum’ah services via closed circuit television to Muslim prisoners in segregation. The injunction comes in …
Fifth Circuit: RLUIPA Does Not Create Individual Capacity Cause of Action
Article • June 15, 2010 • from PLN June, 2010
Filed under: RLUIPA, Religious Freedom, Denial of Religious Services
Fifth Circuit: RLUIPA Does Not Create Individual Capacity Cause of Action by The Fifth Circuit Court of Appeals has held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not create a cause of action against defendants in their individual capacities. The Court also held that the denial …
New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail
Article • June 15, 2010 • from PLN June, 2010
Filed under: Retaliation for Filing Grievances, Totality of Conditions, Fire Hazards, Food, Overcrowding, Exposure to Cold, Clothing, Sanitation, Exposure to Heat, Guard Brutality/Beatings, Dogs, Class Certification, Religious Freedom, Denial of Religious Services
New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail by Michael Brodheim On May 28, 2009, a U.S. District Court granted class-action status to prisoners seeking declaratory and injunctive relief for unconstitutional conditions of confinement at the Passaic County Jail (PCJ) in Paterson, New …
$27,500 Settlement for Washington Prisoner’s Public Records and RLUIPA Claims
Article • May 15, 2010 • from PLN May, 2010
Filed under: Disclosure of Records, Religious Freedom, Religious Diet, Denial of Religious Services, Religious Practices, Religious Property
$27,500 Settlement for Washington Prisoner’s Public Records and RLUIPA Claims by The State of Washington Department of Corrections paid $27,500 to settle two lawsuits brought by prisoner Derek E. Gronquist. The first action involved request for disclosure of public records, and the second related to violations of religious freedom. The …
Sweat Lodge Ban Does Not Violate RLUIPA
Article • April 15, 2010 • from PLN April, 2010
Filed under: Federal Statutory Law, RLUIPA, Denial of Religious Services, Religious Practices
Sweat Lodge Ban Does Not Violate RLUIPA by The Eighth Circuit Court of Appeals affirmed a lower court’s determination that denial of a sweat lodge for Native American prisoners did not violate the Religious Land Use and Institutionalized Persons Act (RLUIPA). Missouri prisoner Clifford Fowler, a Native American, is serving …
New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages
Article • April 15, 2010 • from PLN April, 2010
Filed under: Attorneys, Attorney Fee Awards, Damages, Injunctions, Costs, RLUIPA, Denial of Religious Services, Religious Practices, Religious Property
New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages by A New Mexico prisoner has prevailed in a religious freedom case that vindicated his right to practice his Native American beliefs. The lawsuit resulted in a settlement in April 2009 that specified the religious practices prison …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy
Article • March 15, 2010 • from PLN March, 2010
Filed under: Summary Judgment, RLUIPA, Immunity/Liability, Eleventh Amendment Immunity, Denial of Religious Services, Religious Practices, Religious Property, Clergy
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
Sweat Lodges in American Prisons (2005)
Article • January 15, 2010
Filed under: Discrimination, Racial Discrimination, Religious Discrimination, Denial of Religious Services, Religious Practices
Sweat Lodges in American Prisons (2005) by Significance of the Sweat Lodge Sweat lodges are salient features of a remarkable number of native traditions across North America from the Great Lakes to the Southwest. From Minnesota's Mille Lacs Ojibwe to Plains communities like the Lakota to Southwestern peoples like the …
Federal Court Holds Enemy Combatant Detainee May Sue Government Officials
Article • December 15, 2009
Filed under: Transfers, Failure to Treat, Conditions of Confinement, Totality of Conditions, Exercise, Attorney Misconduct, Guard Brutality/Beatings, Religious Freedom Restoration Act, Terrorism, Attorney Visits, Denial of Religious Services, Military Prisons
Federal Court Holds Enemy Combatant Detainee May Sue Government Officials by On June 12, 2009, a federal district court in California ruled that a U.S. citizen detained in the U.S. as an enemy combatant could sue a high-ranking federal official who promulgated legal opinions on policies that led to the …
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