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Race-Based Religious Policy Unconstitutional

Article • December 15, 2001 • from PLN December, 2001

Filed under: Discrimination, Racial Discrimination, Religious Discrimination, Religious Property

Race-Based Religious Policy Unconstitutional by The Court of Appeals for the Fourth Circuit has held that prison officials' denial of Native American religious items to a non-Native American prisoner based solely upon his race violates the Equal Protection Clause of the Fourteenth Amendment. Virginia prisoner Gary David Morrison, Jr., filed …

Detainee's Excessive Force Claim Requires Trial

Article • November 15, 2000 • from PLN November, 2000

Filed under: Retaliation for Litigating, Excessive Force, Guard Brutality/Beatings, Religious Property

Detainee's Excessive Force Claim Requires Trial by The Federal District Court for the Southern District of New York denies dispositive motion to dismiss excessive force and religious discrimination retaliation claims brought against Putnam County Jail Sheriff and two guards by pretrial detainee Kareem Ali. Ali alleged that while he was …

Wisconsin Ban on Crosses Struck Down

Article • October 15, 2000 • from PLN October, 2000

Filed under: Discrimination, Religious Discrimination, Mootness, Religious Property

Wisconsin Ban on Crosses Struck Down by The court of appeals for the Seventh Circuit held that a Wisconsin prison rule banning crosses unless it was attached to a rosary violated the First amendment rights of Protestants. This is the latest installment in a long running lawsuit over the Wisconsin …

Race-Based Religious Policy Violates Equal Protection Clause

Article • September 15, 2000 • from PLN September, 2000

Filed under: Discrimination, Racial Discrimination, Religious Discrimination, Religious Property

Race-Based Religious Policy Violates Equal Protection Clause by A federal district court in Virginia held that a race-based prison policy preventing non-Native American prisoners from obtaining Native American spiritual items violated the Equal Protection Clause. The court issued an injunction enjoining the application of the policy, based solely on race. …

Transfer Moots Wiccan's Claim

Article • May 15, 2000 • from PLN May, 2000

Filed under: Civil Procedure, Injunctions, Mootness, Declaratory Judgment, Religious Property

Transfer Moots Wiccan's Claim by The court of appeals for the Eighth circuit held that a prisoner's transfer to a different prison mooted his religious rights lawsuit. Duane Smith is an Iowa state prisoner of the Wiccan faith. He filed suit seeking declaratory and injunctive relief to the effect that …

Tenth Cir. Upholds IFP Provisions

Article • May 15, 1998 • from PLN May, 1998

Filed under: Filing Fees (PLRA), Mail, Publications/Books, Religious Property

Tenth Cir. Upholds IFP Provisions by The court of appeals for the tenth circuit held that the PLRA's IFP provisions, requiring full payment of all filing fees, were constitutional. All circuit courts to consider the issue have held likewise. The court also upheld the censorship of the magazine Muhammad Speaks …

Wisconsin RFRA Jewelry Ruling Affirmed

Article • June 15, 1997 • from PLN June, 1997

Filed under: Religious Freedom Restoration Act, Religious Freedom, Religious Property

Wisconsin RFRA Jewelry Ruling Affirmed by The court of appeals for the seventh circuit held that a prison policy prohibiting prisoners from wearing crucifixes and all other religious jewelry violated the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In the August, 1996, issue of PLN we reported Sasnett …

RFRA Allows Redaction of Religious Publication

Article • May 15, 1997 • from PLN May, 1997

Filed under: Religious Freedom Restoration Act, Mail, Publications/Books, Mail Regulations, Religious Property

RFRA Allows Redaction of Religious Publication by The court of appeals for the eleventh circuit held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb, is not violated when prison officials censor only portions of a religious publication. This is the first eleventh circuit ruling to interpret the …

Satanist Claim Goes to Trial

Article • November 15, 1996 • from PLN November, 1996

Filed under: Injunctions, Religious Freedom Restoration Act, Qualified Immunity, Supervisory Liability, Religious Freedom, Religious Property, Religion Defined

Satanist Claim Goes to Trial by A federal district court in New York held that prison officials failed to show any legitimate penological interest in denying a Satanist the right to practice his faith in prison. Alfredo Ramirez is a New York state prisoner and a Satanist. He filed suit …

Wisconsin Property Policy Violates RFRA

Article • August 15, 1996 • from PLN August, 1996

Filed under: Religious Freedom Restoration Act, Religious Freedom, Religious Property

Wisconsin Property Policy Violates RFRA by A federal district court in Wisconsin held that a state DOC policy sharply restricting prisoner property violates the Religious Freedom Restoration Act (RFRA) when it prohibits prisoners from wearing religious jewelry. The court held that the policy did not violate the RFRA in that …

Attorney Fee Award Upheld in Jail Suit

Article • May 15, 1996 • from PLN May, 1996

Filed under: Attorney Fee Awards, Religious Freedom, Denial of Religious Services, Religious Property

Attorney Fee Award Upheld in Jail Suit by The court of appeals for the ninth circuit has upheld an award of attorney fees to the plaintiffs in a jail religious discrimination suit who did not win in court but who caused jail policies to be changed. The court also held …

Muslims Granted TRO

Article • March 15, 1996 • from PLN March, 1996

Filed under: Gang Policies, Preliminary Injunctions/TRO's, Religious Freedom Restoration Act, Religious Freedom, Religious Property

Muslims Granted TRO by Afederal court in New York granted a Temporary Restraining Order (TRO) to Sufi Muslim prisoners which prevented the New York DOCS from implementing a policy banning the display of black Dhikr beads and banning possession of beads colored anything but black. The New York anti bead …

RFRA Case Set for Trial

Article • February 15, 1996 • from PLN February, 1996

Filed under: Civil Procedure, Mootness, Religious Freedom Restoration Act, Religious Property

RFRA Case Set for Trial by A federal district court in Pennsylvania held that a factual dispute existed as to whether a jail's policy banning detainees from wearing religious headgear substantially burdened the exercise of religion under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b). In its ruling, …

RFRA TRO Granted

Article • December 15, 1995 • from PLN December, 1995

Filed under: Food, Preliminary Injunctions/TRO's, Religious Freedom Restoration Act, Religious Freedom, Religious Grooming, Religious Diet, Religious Property

RFRA TRO Granted by A federal district court in Arizona granted a Temporary Restraining Order (TRO) to an Arizona state prisoner who filed suit seeking relief for violation of his religious rights to a Kosher diet, to long hair, a colored head covering and to maintain a vow of poverty. …

RFRA Analyzed and Applied in 10th Circuit

Article • December 15, 1995 • from PLN December, 1995

Filed under: Religious Freedom Restoration Act, Qualified Immunity, Religious Freedom, Religious Practices, Religious Property, Clergy

RFRA Analyzed and Applied in 10th Circuit by The court of appeals for the tenth circuit has issued its first ruling analyzing the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1, holding that it may well require prison officials to provide Native American prisoners with sweat lodge facilities. Robert …

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 …

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 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 …

9th Cir. Explains Review of Religious Claims

Article • April 15, 1994 • from PLN April, 1994

Filed under: Religious Freedom, Religious Diet, Religious Practices, Religious Property, Clergy

9th Cir. Explains Review of Religious Claims by Jason Ward is the only Orthodox Jewish prisoner at the Ely State Prison in Nevada. He filed suit under § 1983 claiming that prison officials had violated his right to free exercise of his religion by not providing him with a kosher …

Comic Book Censorship Overturned

Article • May 15, 1993 • from PLN May, 1993

Filed under: Attorney Fee Awards, Injunctions, Eleventh Amendment Immunity, Mail, Publications/Books, Mail Regulations, Religious Property

Comic Book Censorship Overturned by Everett Lyon is an Iowa state prisoner. He ordered several religious comic books which prison officials censored claiming they would be "disruptive and produce violence" because they were allegedly "anti-catholic and blatantly bigoted." After exhausting his administrative remedies Lyon filed suit under § 1983 claiming …