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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 …
Article • February 15, 2011 • from PLN February, 2011
Fourth Circuit Vacates Summary Judgment on RLUIPA Haircut Claim, but Case Dismissed on Remand by The Fourth Circuit Court of Appeals vacated a district court’s decision granting summary judgment to officers and officials with the South Carolina Department of Corrections (SCDC) after they forcibly shaved a prisoner’s head in contravention …
Article • January 15, 2011 • from PLN January, 2011
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 …
Article • September 15, 2010 • from PLN September, 2010
Federal Court Finds Nation of Islam Publication Not Racially Inflammatory by David Reutter by David M. Reutter On March 31, 2010, a Louisiana U.S. District Court held that the denial of access to a religious publication based solely on the inclusion of a section called “The Muslim Program” was a …
Seventh Circuit: Catholic Prisoner’s Religious Diet Lawsuit Remanded by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals held a Catholic prisoner’s free exercise of religion was substantially burdened because he was denied a non-meat diet on Fridays and during Lent. In 2003, Illinois state prisoner Brian …
Article • July 15, 2010 • from PLN July, 2010
New Jersey DOC Agrees to Let Prisoner Preach by In November 2009, the New Jersey Department of Corrections (DOC) settled a lawsuit brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The suit, filed by the ACLU on behalf of a New Jersey state prisoner, alleged the DOC …
Article • June 15, 2010 • from PLN June, 2010
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 …
Article • June 15, 2010 • from PLN June, 2010
Sixth Circuit: RLUIPA Does Not Permit Monetary Damages by The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not allow money damages for violations of that statute, the U.S. Court of Appeals for the Sixth Circuit held on April 24, 2009. The Court entered its decision in an appeal …
Article • June 15, 2010 • from PLN June, 2010
Fourth Circuit Holds Individual Capacity Damage Claims Unavailable Under RLUIPA by The Fourth Circuit Court of Appeals has held that the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc et seq., does not authorize individual capacity damages actions. The Court’s ruling came in the appeal of …
Summary Judgment Denied in Virginia Strip Cell Suit by A Virginia Federal District Court denied defendants’ motion for summary judgment in a prisoner’s lawsuit alleging use of excessive force and cruel and unusual conditions. Ray L. Holley, a prisoner at Red Onion State Prison in Virginia, on September 29, 2007, …
Murphy v. Lockhart, MI, Complaint, escape retaliation religious rights mail telephone family segregation, 2010 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 1 of 81 Pg ID 1 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 2 of 81 Pg ID 2 2:10-cv-11676-DML-LJM Doc # 1 Filed 04/26/10 Pg 3 of 81 …
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 …
Article • February 15, 2010 • from PLN February, 2010
Eighth Circuit Upholds $1,500 Award for Failure to Provide Kosher Diet; Grooming Restrictions Also Upheld by The Eighth Circuit Court of Appeals upheld a district court’s award of $1,500 to an Arkansas prisoner who was denied kosher meals. The Court of Appeals also affirmed the lower court’s ruling that upheld …
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 …
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 …
Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act by Margo Schlanger by Margo Schlanger and Giovanna Shay** Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to …
Article • July 15, 2009
Prison Officials May Limit Access to Tarot Cards Under RLUIPA by The Eighth Circuit Court of Appeals has affirmed an Arkansas federal district court’s order that held a prison policy that requires prisoners to check out tarot cards from a chaplain and prohibits keeping cards in cells does not violate …
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