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$45,000 Awarded to Muslim Woman Forced to Remove Headscarf at California Jail by On October 8, 2008, the County of San Bernadino and Sheriff Gary Penrod agreed to settle a lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the First Amendment. Jameelah …
Nebraska Muslim Prisoner Wins Religious Concessions by John E Dannenberg A high-security Muslim prisoner at the Tecumseh State Correctional Institution (TSCI) sued prison officials for violating basic tenets of his religion by allegedly restricting religious practices “dictated” by his beliefs. He claimed he needed daily showers, a kosher diet, and …
Sovereign Immunity Bars RFRA Damages in DC Circuit by The U.S. Court of Appeals for the District of Columbia Circuit has affirmed a district court’s decision that sovereign immunity bars damage claims under the Religious Freedom Restoration Act (RFRA). The court found that RFRA does not provide a clear and …
BOP Agrees to Provide Wine to Prisoner for Religious Rituals by Brandon Sample On September 18, 2008, the Bureau of Prisons (BOP) settled a lawsuit brought under the Religious Freedom Restoration Act (RFRA) for wine during various religious rituals. Brandon Sample, a federal prisoner and PLN contributing writer, sued the …
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
Wyoming American Indian Prisoner Wins Consent Decree to Receive Feathers by Wyoming American Indian Prisoner Wins Consent Decree to Receive Feathers In a victory for American Indian prisoners, the Wyoming State Penitentiary (WSP) has entered into a consent decree that allows a prisoner to possess up to four eagle feathers …
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 …
$204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample $204,856 in Attorney’s Fees and Costs Awarded in Nebraska Kosher Diet and Muslim Prayer Case by Brandon Sample On May 5, 2008, Joseph F. Batallion, Chief Judge of the U.S. District Court …
Segregated Massachusetts Nation of Islam Prisoners Entitled to Halal Menu and Jum’ah Prayers; $237,299.25 in Attorney Fees Awarded by The U.S. District Court for Massachusetts granted declaratory relief to two maximum-security Nation of Islam (NOI) prisoners who had sued for a Halal (Muslim religious dietary) menu and participation in daily …
Sample v. Lappin, DC, Settlement Agreement and Dismissal, 2008 Case 1:05-cv-00596-PLF Document 67 Filed 09/24/2008 Page 1 of 7 FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SEP 2 Ii 2008 NANCY M/IYER WHITTINGTON, CLERK u.s. DISTRICT COURT BRANDON SAMPLE, Plaintiff, v. Civil Action No. 05-596 PLF HARLEY …
Article • August 15, 2008 • from PLN August, 2008
Vermont DOC Settles Religious Practice Denial Suit For $25,000 by The Vermont Department of Corrections (VDOC) settled a religious discrimination lawsuit brought by a former prisoner claiming he had been denied traditional food for Jewish holidays that had been donated by an outside philanthropic organization. Gordon Bock, 53, was incarcerated …
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 …
Article • August 15, 2008 • from PLN August, 2008
Muslim Virginia Prisoner Entitled to 2,200 Calories During Ramadan by A federal district court has issued a preliminary injunction requiring the Virginia Department of Corrections (VDOC) to provide a Muslim prisoner with “food items containing 2,200 calories” daily during Ramadan, a month-long period of religious fasting. This action was brought …
Article • August 15, 2008
California Indian Prisoners Ordered To Practice Religion At Own Expense by California federal Indian prisoners brought a class action suit against the Federal Correctional Institution (FCI) at Lompoc in 1977 for the inability to access a sweat lodge the lodge was ordered built at the plaintiffs' expense. Terry Bear Ribs, …
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, …
Article • July 15, 2008
Alabama DOC Settles Witchcraft Suit for $7,500 by An Alabama prisoner who was denied the right to exercise his religious beliefs was paid $7,500 to settle the case. Alabama prisoner Timothy Hornsby sued in state court alleging that he suffered mental anguish when prison officials denied him the right to …
OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites by Ralf Beasley, an Ohio state prisoner, wanted to convert to Orthodox Judaism, but to do so he would have to visit an outside synagogue to receive a ritual bath called a Mikvah. When prison officials refused …
Article • January 15, 2008
OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites by Ralf Beasley, an Ohio state prisoner, wanted to convert to Orthodox Judaism, but to do so he would have to visit an outside synagogue to receive a ritual bath called a Mikvah. When prison officials refused …
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. …
District Court Reversed in Christian Identity Case by The Tenth U.S. Circuit Court of Appeals has affirmed in part and reversed in part a case involving prisoners who adhere to the "Christian Identity Faith." Jacob Ind and Jeffrey Pfleger are prisoners at the Colorado State Penitentiary. They adhere sincerely to …
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