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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 …
Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond by Matthew Clarke By Matt Clarke The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a …
Article • July 15, 2011
9th Circuit: RLUIPA Not Applicable To Courthouse Holding Cell by Michael Brodheim By Mike Brodheim A divided Ninth Circuit panel has held that a courthouse holding cell is not an "institution" as defined by the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et seq., and …
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 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
$3,500 Settlement in Washington Prisoner’s Freedom of Religion Lawsuit by The State of Washington paid $3,500 to settle the lawsuit of prisoner DeShon Corsey for violating his right to freedom of religion. While incarcerated at Washington State Prison on September 5, 2002, Corsey was hired to work in the kitchen. …
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 …
Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner by The Third Circuit Court of Appeals reversed an immigration detainee’s $642,398.57 attorney fee award, finding that “the District Court’s degree of success inquiry under § 1988 was based on an impermissible reconstruction of the jury verdict.” …
John Henry Knows His Gun, et al. v. Corrections Corp. of America, Crossroads Correctional, MT, settlement, discrimination against Native American prisoners, 2010 GENERAL RELEASE RELEASORS: JOHN HENRY KNOWS HIS GUN, DEE CHANCE WHITE HIP, DARRYL LEWIS FROST, JASON JAY CHIEFSTICK, BRIAN ANTHONY JOHNSTON, EDWARD STAMPER, WILLIAM GOPHER, ALLEN POTTER RELEASEES: …
$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 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 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 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 …
Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House by Matthew Clarke by Matt Clarke On June 19, 2009, the Texas Supreme Court held that a city zoning ordinance which effectively banned a religious halfway house in the City of Sinton violated the Texas Religious Freedom Restoration Act …
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 …
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 …
Sikh Inmates Caught in Maze of Vague Rules by California state prisons continue to operate under a patchwork mosaic of policy for accommodating Sikh religion-mandated turbans and beards, despite three-year-old regulations specifically crafted to meet the community’s religious requirements. Many state prison facilities are unaware that the California Department of …
Prohibiting Decorations on Outgoing Envelope Not Violative of RLUIPA by The Fifth Circuit Court of Appeals has held that a Texas prison policy that prohibits prisoners from drawing illustrations or messages on envelopes does not violate a prisoner’s rights. Prisoner Robert N. Smithback filed a civil rights action that claimed …
District Court Permits Trial In Case Challenging Denial of Wine During Religious Services by The United States District Court for the District of Columbia has order discovery and trial in a case changing the Bureau of Prisons (BOP) policy denying prisoners access to wine during religious services. Federal prisoner Brandon …
Brief • June 18, 2009
Arnaout v. Federal Correctional Institution Warden, IN, Complaint - Comm. Management Unit and Religous Practice (2009) • Case 2:09-cv-00215-JMS-MJD Document 1 Filed 06/18/09 Page 1 of 6 PageID #: 1 UNITfrJ S rATES DISTRJCT LOl.lU SOU I HERN DISTRJC"l' Of 11'\niA>IA TERRE HAl:l c DIVJSI0:-1 I'NAAM AR'IAOUT RA 'IDAll 1 …
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