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Article • May 15, 2007
Delayed Sweat Lodge Construction Unconstitutional; Qualified Immunity Granted by A federal district court in Iowa has held that prison officials' delay in constructing a Sweat lodge for Native American prisoners incarcerated at Fort Dodge Correctional Facility (FDCF) violates the prisoners' right to free exercise of religion under the First Amendment, …
Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses by Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses The U.S. Seventh Circuit Court of Appeals, affirming the federal district court, Western District of Wisconsin, held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was constitutional …
Suit Over NY Protective Custody Conditions Dismissed by The plaintiffs complained of conditions in protective custody. They could not represent a class because they were proceeding pro se. The case is dismissed for non-exhaustion. Even if one plaintiff's letters of complaint were adequate to exhaust (which they probably are not), …
79 Day Indiana Death Row Lockdown Upheld by The plaintiffs alleged that a 79-day lockdown of a death row unit after a death row prisoner was murdered during recreation violated their rights. Although the case was removed from state court, the district court holds it must screen it under 28 …
Article • May 15, 2007
Prison Officials Must Offer Evidence to Support Denial of Sukkot Booths by The plaintiff complained that the defendants interfered with his right to observe Sukkot in 1997 through 2000 by first failing to provide him with a Sukkah booth and then failing to secure the one they provided. (The chaplain, …
Article • May 15, 2007
Dividing Muslim Services into Groups Upheld by The plaintiff complained that Muslim services were divided into two groups. The policy satisfies the Turner standard, since it is based on the number of prisoners who wish to attend the services and security requirements for separating certain prisoners. Assuming the plaintiff is …
Article • May 15, 2007
Combined Shiite and Sunni Religious Services Upheld by The plaintiff Shi'ite Muslims alleged that they were subject to discrimination because the Muslim worship and accommodation program in the state prisons combines Shi'ite and Sunni observance and the Sunnis are in charge. A state court held earlier in Cancel v. Goord …
Article • May 15, 2007
California Religious Grooming, Muslim Sabbath Rule Enjoined, Good Time Restored by Plaintiff Muslim prisoners sought injunctive relief against restrictions on their religious practice; their claims, initially brought under the First Amendment, are now governed by RLUIPA. The court previously granted preliminary injunctive relief (renewed repeatedly because of the PLRA's 90-day …
Religious Headgear Ban Upheld by The court of appeals for the Eighth circuit upheld Missouri prison if rules banning Moorish Science Temple prisoners from wearing a fez and rules requiring a prison guard to attend all religious services held by prisoners. The court gives ample discussion to religious rights in …
Prison Conditions Injunction Must View Totality of Conditions by The court of appeals for the Sixth circuit held that cruel and unusual prison conditions existed in a Michigan prison when inadequate showers, exercise, religious services and due process for ad seg placement existed. The court emphasized that "what is the …
Article • May 15, 2007
Protective Custody Conditions Suit Remanded by The court of appeals for the Eighth circuit held that a lower court erred when it dismissed as frivolous a lawsuit that Missouri prisoners in Protective Custody (PC) were deprived of religious services, only received 45 minutes of exercise a week, were denied adequate …
Marion Lockdown Upheld, BOP Must Follow Own Rules by The court of appeals for the Seventh circuit held that the Marion lockdown, started in 1983, did not violate the due process or Eighth amendment rights of prisoners. The ban on group religious services was constitutional as was the denial of …
Wicca Is a Religion by Wicca is a Religion The court of appeals for the Fourth circuit held that Wicca is a religion for First amendment purposes, but that a district court erred in granting a Virginia prisoner an injunction to have various religious items (white hooded robe, candles, statute, …
Summary Judgment Inappropriate in Arizona Religion Case by An Arizona state prisoner filed suit in U.S. district court. alleging First Amendment violations by prison authorities. The prisoner was not able to attend Jewish services, had no access to Jewish writings and was not afforded a kosher diet. Prison officials filed …
Ban on Interprison Travel for Religious Services Overturned by Jewish Michigan state prisoners filed suit alleging First Amendment violations in response to a ban on inter-prison travel which effectively denied them the right to participate in Sabbath services and a Passover Seder. A U.S. district court held that the prisoners …
Muslim Prisoners' Right to Jumu'ah Denied by The U.S. District Court of New Jersey held that minimum security Muslim prisoners working outside a prison perimeter did not have a compelling right to be off work on Friday afternoons to attend Jumu'ah services, a form of Muslim congregational worship. Ahmad Uthman …
Article • May 15, 2007
Third Circuit Holds Right to Jumu'ah Services Outweighs Security Concerns by Reversing the District Court of New Jersey, the U.S. Third Circuit Court of Appeals held that material questions of fact precluded dismissal of prisoner-plaintiffs' claims that the New Jersey State Prison at Leesburg ("Leesburg") unfairly infringed on the constitutional …
Iowa Sued Over Proselytizing Fundamentalist Christian Prison Program by Matthew T. Clarke Iowa Sued Over Proselytizing Fundamentalist Christian Prison Program by Matthew T. Clarke On February 13, 2003, Americans United for Separation of Church and State (AUSCS) filed two lawsuits in federal court, under 42 U.S.C. § 1983, against officials …
37 Days Disciplinary Segregation Without Hearings Not Atypical and Significant Hardship by The Eighth Circuit Court of Appeals held that the deprivation of exercise, religious services and contact visits for 37 days is not a due process violation, nor is the failure to provide a hearing before placement in disciplinary …
Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed by Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed The U.S. Sixth Circuit Court of Appeals reversed the U.S. District Court, Northern District of Ohio, in a claim of retaliation made by a Buddhist prisoner against officials of the North …
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