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Brief • June 19, 2012
Phillips v. Mason, AZ, Complaint, Right to Religious Worship, 2012 - h:~c Page 5 of 10 Document #:. 5-2 Case: 71 . ~~e.., =-= llit~§~1v;0 ~ C013¥ :rbi\lips - Name and Pris~Mnn ber - · JUN ! 8 l6fi ~-'-"-t" """'1"'' -'--'-i+_ _ Asec Place of Cooimement £o~xl CLER!< U …
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. …
BOP's Motion to Dismiss Religious Discrimination Case Denied by A North Carolina District Court has denied the Federal Bureau of Prisons (BOP) motion to dismiss prisoners Lascelles Somie and Oral Malcolm's complaint alleging that the BOP failed to permit them to exercise their Twelve-Tribe Rastafarian religion. The plaintiffs had claimed …
Article • April 15, 2012 • from PLN April, 2012
Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded by Derek Gilna In a detailed ruling, the U.S. Court of Appeals for the Eighth Circuit rejected an attempt by a Muslim prisoner to obtain additional attorney fees for alleged violations of an agreed injunctive order, …
Article • February 15, 2012
PLRA Limits Attorney Fee Award to $7,500; Prisoner Required to Pay Part of Fees by Brandon Sample On December 17, 2007, U.S. District Court Judge James K. Singleton, Jr. awarded $7,500 in attorney fees following a jury verdict that found New York prison officials had violated the First Amendment in …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
Article • January 15, 2012 • from PLN January, 2012
California Muslim Prisoner Afforded Access to Kosher Diet Pending Implementation of “Religious Meat Alternate Program” by by Mike Brodheim In February 2010, the California Department of Corrections and Rehabilitation (CDCR) entered into a stipulated settlement agreement with Muslim prisoner Askia Ashanti, providing him with access to CDCR’s Jewish Kosher Diet …
Article • December 15, 2011 • from PLN December, 2011
Indiana DOC’s Refusal to Provide Kosher Meals Violates RLUIPA by Brandon Sample The Indiana Department of Corrections (DOC) must provide kosher meals to prisoners who require a kosher diet to properly exercise their religious beliefs, U.S. District Court Judge Jane Magnus-Stinson held on November 1, 2010. Judge Magnus-Stinson’s decision was …
Brief • November 21, 2011
Filed under: Religious Diet
White v. Ryan, AZ, Complaint, Right to Religious Worship, 2011 _ _ _ _ _ Documenr 12 Filed 11/21/11 Page 1 of 7 Page 5 of 10 Date F1 ed: 10/28/2011 Document#: 10-2 Case: ] f.«ETR.Iu ~ M,. Wf±I-T& Nfy1c and Prisonerffiooking Number §][@%/} JT/Yi€ {'/IJ:JD µ Co ::#=- .-..11(,F,r- …
Article • November 15, 2011 • from PLN November, 2011
Tenth Circuit Rules Denial of Halal Diet May Violate RLUIPA by Michael Brodheim by Mike Brodheim The denial of a halal diet to a Muslim prisoner may violate the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc to 2000cc-5, the Tenth Circuit held on April 2, …
Article • November 15, 2011 • from PLN November, 2011
Tenth Circuit Rules Oklahoma Prisoner Exhausted Administrative Remedies by The U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of an Oklahoma prisoner’s civil rights lawsuit against prison officials for refusing to provide him with a vegetarian diet consistent with his faith. In reversing the district court, the …
Article • November 15, 2011
Washington DOC Pays $1,100 for Failing to Provide Kosher Meals by On August 16, 2004, the State of Washington paid $1,100 to settle with a state prisoner who sued the Department of Corrections for failing to provide kosher meals. The suit was filed in the U.S. District Court for the …
Article • November 15, 2011
Consent Decree Sets Religious Diet Regulations at Wyoming State Prison by Based upon a negotiated settlement, a Wyoming federal district court entered a consent decree that establishes rights for prisoners around religious diet regulations at the Wyoming State Prison (WSP). The suit was brought by two Muslim prisoners, Joseph Miller …
Article • September 15, 2011
Fourth Circuit: Virginia Not Immune from RLUIPA Suit by On December 29, 2006, the Fourth Circuit Court of Appeals held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was a valid exercise of Congress’ spending powers and that the State of Virginia was subject to its requirements because …
Article • August 15, 2011 • from PLN August, 2011
Placement in Maximum Security Facility May Trigger Due Process Protections; Religious Diet Claims Remanded by The U.S. Court of Appeals for the Sixth Circuit has reversed a district court’s grant of summary judgment to Michigan prison officials in a procedural due process and religious diet lawsuit. Lamont Bernard Heard received …
Article • July 15, 2011
Seventh Circuit Says No Religious Diet Violated RLUIPA by Mark Wilson By Mark Wilson The Seventh Circuit Court of Appeals held that Illinois prison officials violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when they denied a prisoner a non-meat diet. Illinois prisoner Gregory Koger changed his religious …
Brief • June 14, 2011
Ortega v. Ryan, AZ, Complaint, Right to Religious Worship, 2011 Case: Case: , A.s. P,c. JUN Place of Confineme P.,2- Bo x i - ~ - - - - - - - - . 1 4 2011 t!Lt:~I( U S OISTR!Ci COUAi 01tt~l0T OF ARIZONA u~ Mailing Address City, State, …
Article • May 15, 2011
Summary Judgment for Michigan DOC Denied In Kosher Meal Suit by A Michigan federal district court ruled that the question of whether a prison's policy is a "less restrictive" means of determining a prisoner's religious sincerity before allowing a Kosher diet is a question of fact precluding summary judgment. Michigan …
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, …
Article • March 15, 2011
Washington Settles Religious Diet Claim for $1,500 by The State of Washington settled a prisoner’s religious diet suit by paying him $1,500, granting him a vegan diet and amending a prison policy. On May 14, 2004, McNeal Island Correction Center (MICC) prisoner Joe Macom listed his religious preference as Native …
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