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Catholic Mass and Sacraments Made Available to Louisiana’s Death Row by Officials at the Louisiana State Prison (LSP), better known as Angola, have agreed to a settlement agreement in a lawsuit alleging a prisoner’s rights were violated by the officials’ mandating of Baptist religious television to the exclusion of all …
Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that restrictions on prisoners in administrative segregation (ad seg) at the jail in Orange County, California, related to exercise and group …
Massachusetts Agrees to Improves Conditions for Protective Custody Prisoners by The Commonwealth of Massachusetts agreed to improve the living conditions of prisoners in protective custody in response to a class action suit filed in the 1970s. The agreement was finalized in June 1980. The agreement requires the Commonwealth to give …
Article • June 15, 2009 • from PLN June, 2009
Pro Se Muslim Prisoner Reaches Religious Rights Settlement Agreement with Virginia Prison Officials by David Reutter Pro Se Muslim Prisoner Reaches Religious Rights Settlement Agreement with Virginia Prison Officials by David M. Reutter A pro se Virginia prisoner has entered into a settlement agreement with prison officials that provides him …
Article • May 15, 2009 • from PLN May, 2009
Ninth Circuit Remands RLUIPA Claim for Group Religious Worship in Maximum Security Jail by Ninth Circuit Remands RLUIPA Claim for Group Religious Worship in Maximum Security Jail The Ninth Circuit U.S. Court of Appeals has held that under the Religious Land Use and Institutionalized Persons Act (RLUIPA), a prisoner seeking …
Muslim Prisoners Cannot be Forced to Handle Pork; Qualified Immunity Denied by The Third Circuit Court of Appeals held that a Muslim prisoner’s complaint that prison officials disciplined him for refusing to handle pork stated a claim under the First Amendment and the Religious Land Use and Institutionalized Persons Act …
Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations by Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations The Ninth Circuit U.S. Court of Appeals has held that evidence of ongoing American with Disabilities Act (ADA) violations …
Religious Sincerity, Not Necessity, Satisfies Free Exercise Claim by Utah State prisoner Karl Kay appealed the dismissal of his § 1983 action for denial of religious materials, parole based due process violations and retaliation for seeking counsel. The court reversed dismissal of his religious materials denial claim, affirmed the balance …
Article • December 15, 2008 • from PLN December, 2008
Indiana DOC Policy Banning Group Worship by Odinists Enjoined by John Dannenberg by John E. Dannenberg On June 19, 2008, a U.S. District Court held that the Indiana Department of Corrections (IDOC) failed to meet its burden of proving that a blanket ban on group worship by Odinists was the …
Brief • December 3, 2008
Thompson v. Ricci, NJ, Complaint, prohibition of inmate preaching religious services, 2008
Brief • December 3, 2008
Thompson v. Ricci, NJ, MiS Plf Mot PI, prohibition of inmate preaching religious services, 2008
Outside Clergy Requirement for Ramadan Services Upheld by Officials at a county prison provided for communal worship during Ramadan only if an outside leader could be found. This restriction did not violate the Turner standard because the Ramadan participants came from different housing units, raising order and security concerns; the …
Supervisory Officials Liable for Denial of Religious Services by The plaintiff complained that inmates in a particular unit were not permitted to attend Muslim services. His injunctive claim is moot because he has been released. However, he may be entitled to damages, and even nominal damages would support an award …
Kansas DOC Restrictions on Thelema Religion Upheld by The plaintiff complained of restrictions on his religious practice as a follower of the First Hermetic Order of Thelema, a religion founded in 1904 by Aleister Crowley. Prison officials recognized the religion and arranged for a visit from Thelemic clergy from the …
Shaheed v. USA, IL, Amended Complaint, Muslim Mistreatment, 2008 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS Hakeem Shaheed, ) ) Plaintiff, ) ) vs. ) ) United States of America, Michael K. Nalley, ) Regional Director of the North Central Region of the U.S. Bureau of Prisons, …
New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation by On June 21, 2006, a New York Court of Claims awarded $500 to a prisoner who claimed he was kept in “almost total isolation” for 20 days while housed at the Elmira Correctional Facility in order to attend two …
Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings. The district court erred in failing to address the defense in the summary judgment …
Article • January 15, 2008 • from PLN January, 2008
Fourth Circuit Finds Virginia Prisoner’s Religious Exercise Claim Meritorious by Michael Rigby Fourth Circuit Finds Virginia Prisoner's Religious Exercise Claim Meritorious by Michael Rigby The U.S. Fourth Circuit Court of Appeals vacated and remanded a district court?s grant of summary judgment to prison officials who had denied a Virginia prisoner …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
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