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Backsliding Not Proof of Religious Insincerity by The U.S. Court of Appeals for the Seventh Circuit vacated and remanded a district court decision dismissing a prisoner's free exercise of religion and equal protection claims. Plaintiff, an Illinois state prisoner who professed to be Rastafarian, brought a federal civil rights lawsuit …
Wisconsin Prisoner's Failure to Exhaust Remedies Required Dismissal by The U.S. Western District Court of Wisconsin dismissed a civil rights lawsuit filed by a state prisoner who failed to exhaust administrative remedies. Dennis Gonzalez, a Wisconsin state prisoner incarcerated at the Supermax prison in Boscobel, wanted to practice his Native …
Muslim Prisoners Awarded $9,000 for Religious Suppression by A New York Federal District Court awarded three prisoners at Attica State Prison $3,000 each for the Commissioner of Corrections; Paul McGinnis, failure to promulgate regulations that allow the prisoners to practice the religion of Islam as members of the Nation of …
Punishment for Religious Fasting States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed an Iowa prisoner's free exercise claim that he had been placed in segregation for religious fasting. The court held that pre service dismissal was erroneous because …
Article • May 15, 2007
Dismissal of Complaint Seeking Vegetarian Diet and Religious Beads Reversed by Florida's First District Court of Appeal has reversed a trial Court's dismissal of a complaint seeking injunctive relief requiring prison officials to provide a prisoner to be served a religious diet and to possess religious beads. The prisoner was …
Article • May 15, 2007
Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed by Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed Kansas state prisoner Jimmy Searles filed a Federal civil rights complaint against State Department of Corrections (DOC) personnel for allegedly violating his First Amendment right to freedom …
$1,000 Verdict in Religious Freedom Case by Michigan prisoner David Marsh is a follower of Wicca. He had previously prevailed in a lawsuit requiring the Michigan Department of Corrections to recognize Wicca as a religion. Despite that order, prison officials refused Marsh the opportunity to practice a part of his …
Article • May 15, 2007
Qualified Immunity for Maryland Officials Requiring Jewish Prisoner to Clean Cell on Sabbath by Qualified Immunity for Maryland Officials Requiring Jewish Prisoner to Clean Cell on Sabbath Prison officials' designation of Saturday as cell cleanup day violated the Free Exercise clause as applied to an Orthodox Jewish prisoner. (They made …
Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams by Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams The U.S. District Court for the Southern District of New York, on motions for partial summary judgment and to dismiss, held that a New York Department of Correctional Services …
Successive Injunctions Allowed Under PLRA by In a first published case on the topic, a federal district court in California has held that, under the PLRA, successive Temporary Restraining Orders (TRO) and a preliminary injunction (PI) may be entered by the Court. This is a class action suit filed by …
Iowa Prisoner Has No Right to Blood Samples Disposed of According to Religious Beliefs by The U.S. Court of Appeals for the eighth Circuit, held that the US District Court for the Northern District of Iowa, did not error when denied a prisoners suit, for failure to dispose of his …
Article • May 15, 2007
Summary Judgment Vacated and Remanded in Part on Religious Free Exercise Claim by Summary Judgment Vacated and Remanded in Part on Religious Free Exercise Claim The U.S. Fourth Circuit Court of Appeals affirmed in part and vacated and remanded in part summary judgment to prison officials in a free exercise …
Supreme Court Defines Religious Rights in Prison by The U.S. Supreme Court ruled that two policies instituted by a New Jersey prison did not violate the First Amendment. Muslim prisoners filed a U.S.C. § 1983 suit alleging a violation of their Constitutional right of free exercise of religion. Two policies …
Article • May 15, 2007
US Supreme Court Held Laws Targeting Religion Are Unconstitutional; Santeria a Religion by US Supreme Court Held Laws Targeting Religion Are Unconstitutional; Santeria a Religion The US Supreme Court held that no law can be enacted that denies people their right to religious freedom. The free Exercise Clause protects religious …
NY Prisoner's Right to Practice Religion was Violated by In an unpublished opinion, the U.S. Court of Appeals for the Second Circuit held that pro se prisoners proceeding in forma pauperis were "entitled to rely on service by the U.S. Marshals." A New York prisoner filed a suit against the …
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 …
Article • May 15, 2007
Native American Religious Restrictions Upheld by The Native American plaintiff complained of various religious restrictions. The defendants would not let the plaintiff "smudge" with herbs (i.e., burn them), but would allow him to use "nonaddictive tobacco" (what's that?) instead. The policy is a generally applicable regulation, not promulgated to punish …
Article • May 15, 2007
Restrictions on Voodoo Practices Upheld by The plaintiff alleged that the defendants' refusal to allow items needed for his religious practice including oils, powders, incense, candles, botanicals (roots, herbs, barks and berries), stones, Talisman, and charm bags violated the First Amendment. His complaint identified his religion as Egyptian Freemasonry, but …
BOP Can Perform Autopsy Over Executed Prisoner's Religious Objection by A federal statute prescribes that federal death sentences be implemented consistently with the law of the state where the sentence was imposed, even if the execution is to take place elsewhere. State procedures take precedence over inconsistent regulations promulgated by …
Article • May 15, 2007
Injunction Issued in Church Sleeping Space for Homeless by Violations of First Amendment rights are considered irreparable injury for purposes of a preliminary injunction. In Free Exercise Clause cases, courts are not permitted to inquire into the centrality of a professed belief to the adherent's religion or to question its …
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