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Article • December 27, 2017
Reversed by Supreme Court, Eighth Circuit Remands Prisoner Grooming Case Back to District Court by Christopher Zoukis by Christopher Zoukis Arkansas state prisoner Larry Jones desired to grow a beard, as his religion required. Arkansas prison officials, citing an Arkansas Department of Corrections (ADC) policy disallowing beards, said no. Jones …
Article • December 27, 2017
Eleventh Circuit Defers to Alabama DOC on Short Hair Requirement by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eleventh Circuit ruled against a class of prisoners who challenged the Alabama Department of Corrections (ADOC) hair-length policy as a violation of the Religious Land Use …
Article • December 27, 2017
Filed under: Food, Religious Diet
Indiana DOC Must Offer Passover Diet by Lonnie Burton by Lonnie Burton The Indiana Department of Corrections (IDOC) agreed after being sued to provide a Passover diet to a prisoner who was denied the meals under a prison policy that said prisoners not on a kosher diet the remainder of …
Article • December 26, 2017
Kosher Diet Denial Reasonable, Religious Headwear Confiscation Not by The Second Circuit Court of Appeals vacated and remanded in part a New York federal district court’s summary judgment on a §1983 complaint against the New York State Department of Correctional Service (DOCS). In the complaint Arrello Barnes, a prisoner, alleged …
Article • December 14, 2017
Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in Oregon habeas corpus actions against Oregon prison officials. In …
Article • December 12, 2017
Injunction Requiring Kosher Diet in Florida Prisons Vacated by Eleventh Circuit by Christopher Zoukis By Christopher Zoukis In an unusual opinion based on an issue completely missed by the parties, the United States Court of Appeals for the Eleventh Circuit has vacated an injunction that required the State of Florida …
Wiccan Prisoner Wins Injunction to Wear Medallion; Case Settles on Remand by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals held an Illinois prisoner was entitled to a preliminary injunction permitting him to possess and wear a religious medallion. Gilbert Knowles, incarcerated at the Pontiac Correctional …
Brief • October 15, 2017
Freedom From Religion Foundation Inc. v. Chao, 7th Circuit, Order, Religion and Taxation, 2007 Freedom From Religion Foundation, Inc. v. Chao, 250 Fed.Appx. 751 (2007) Madison, WI, for Plaintiffs-Appellants. 250 Fed.Appx. 751 This case was not selected for publication in the Federal Reporter. Not for Publication in West’s Federal Reporter …
Article • October 10, 2017 • from PLN October, 2017
Eleventh Circuit: Florida Prisoners Must be Provided Kosher Meals by David Reutter by David Reutter The Florida Department of Corrections (FDOC) must provide prisoners with the option of receiving kosher meals, the Eleventh Circuit Court of Appeals held in affirming a district court’s grant of summary judgment and a permanent …
Eleventh Circuit: Procedural Dismissals do Not Count as Strikes Under the PLRA by David Reutter by David Reutter The Eleventh Circuit held last year that a district court erred in finding the dismissals of a prisoner’s prior civil rights actions due to “lack of jurisdiction” and for “want of prosecution” …
Brief • September 20, 2017
American Humanist Association v. Norwood, KS, Complaint, Display of Christian Messages, 2017 Case 2:17-cv-02554-KHV-GLR Document 1 Filed 09/20/17 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AMERICAN HUMANIST ASSOCIATION ) Washington, D.C., ) ) and ) ) SHARI WEBBER-DUNN ) Topeka, Kansas, ) …
Article • September 8, 2017
Filed under: Tax Law, Religion Defined
Seventh Circuit Denounces "Sovereign Citizen" Claims in Otherwise Routine Denial of Frivolous Suit by Lonnie Burton by Lonnie Burton John Jones Bey sued the State of Indiana and county officials to enjoin them from taxing property he owns in Marion County, Indiana. He also sought a refund of past taxes …
Brief • September 6, 2017
Troutman v. Mutayoba, IL, Merit Review, Religious Worship, 2017 case ~:l/-CV-UU~41-!:)MY-HJU uocument b 1--lleO U~/Uti/1/ t-'age 1 OT~ t-'age IU 1144 IN THE UNITED STA TES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JEASON TROUTMAN, No. S07355, Plaintiff, vs. JAMES MUTAYOBA, STEPHEN KEIM, DAVID RAINS, JOHN BALDWIN Defendants. ) …
Article • August 30, 2017 • from PLN September, 2017
Filed under: RLUIPA, Religious Grooming
Fifth Circuit Vacates Dismissal of Texas Grooming Policy RLUIPA Claim by The Court of Appeals for the Fifth Circuit has reversed the dismissal of a challenge to a prison grooming policy filed by Native American prisoners. Texas state prisoners Teddy Norris Davis and Robbie Dow Goodman alleged their religious freedoms …
Ninth Circuit Reinstates Wiccan Prisoner’s Consent Decree by The Ninth Circuit Court of Appeals has sharply criticized a district court’s handling of a Wiccan prisoner’s lawsuit, and reinstated a longstanding consent decree in the case. In 1993, California state prisoner William Rouser filed suit on behalf of himself and thirty …
Coward v. Robinson, VA, Judgment, 5 Percenters Religious Freedom, 2017 Case 1:10-cv-00147-LMB-MSN Document 237 Filed 08/28/17 Page 1 of 1 PageID# 2656 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Kalvin Donnell Coward, ) ) ) ) ) ) ) ) ) ) Plaintiff, …
Brief • August 17, 2017
Powell v. City of Long Beach, CA, Settlement, Hijab, 2017 RELEASE AND SETTLEMENT OF CLAIM FOR THE SOLE CONSIDERATION OF EIGHTY FIVE THOUSAND DOLLARS ($85,000.00), tous inhand paid by the CITY OF LONG BEACH, the receipt of which ishereby acknowledged, KIRSTY POWELL ("PLAINTIFF"), DOES HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE …
Brief • August 11, 2017
Bartlett v. Atencio, ID, Settlement, Kosher Meals, 2017 Case 1:17-cv-00191-CWD Document 32-1 Filed 08/11/17 Page 1 of 9 Richard Eppink AMERICAN CIVIL LIBERTIES UNION OF IDAHO FOUNDATION Idaho State Bar no. 7503 reppink@acluidaho.org P.O. Box 1897 Boise, Idaho 83701 (208) 344-9750, ext. 1202 Craig Durham FERGUSON DURHAM, PLLC Idaho State …
Article • August 7, 2017
Wiccan Prisoner Settles with NV DOC Over Denial of Hardbound Religious Books by Joe Watson by Joe Watson Donald Towne, a Nevada state prisoner and practicing Wiccan, reached a settlement of unspecified remedies in July 2008 in his pro se lawsuit against the state’s Department of Corrections (NDOC). Towne alleged …
Going to Prison in Texas in 2015 by William T. Habern by William T. Habern, David P. O’Neil, and Debra Bone Introduction For over 30 years our firm has represented offenders and their families in prison and parole administrative and legal issues. The first version of this article was published …
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