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Third Circuit Unhappy with Federal Detainee’s Denied Marriage Request at Pennsylvania GEO Group Lockup by On September 19, 2023, the U.S. Court of Appeals for the Third Circuit revived a claim by Brian Davis, a Jamaican national held for four years at Pennsylvania’s Moshannon Valley Correctional Center (MVCC). The prison …
Fourth Circuit Says Virginia May Require Muslim Prisoner to Purchase Prayer Oil From Vendor Also Selling Pork and “Idols” by Matthew Clarke by Matt Clarke On February 1, 2022, the U.S. Court of Appeals for the Fourth Circuit ruled that the Virginia Department of Corrections (DOC) did not violate the …
Muslim Prisoner Accommodation in State Prisons, Muslim Advocates, 2019 FREE EXERCISE REPORT JULY 2019 FULFILLING THE PROMISE OF FREE EXERCISE FOR ALL: Muslim Prisoner Accommodation in State Prisons 1 Table of Contents EXECUTIVE SUMMARY ..................................................................................................................... 4 I. METHODOLOGY: A Multi-Faceted Examination of Free Exercise Conditions in State Prisons ............................................................................................................................................. 7 …
Third Circuit Finds that Prisoners’ Verbal Grievances are Constitutionally Protected by Christopher Zoukis by Christopher Zoukis The Third Circuit Court of Appeals has held that a prisoner’s verbal grievance made to prison staff was protected speech under the First Amendment, and gave rise to a civil action when the prisoner …
Open Issues in Prison Cases, Northwestern School of Law, 2016 OPEN ISSUES IN PRISON CASES David M. Shapiro (david.shapiro@law.northwestern.edu) August 2016 This is a summary of “open” legal issues involving the rights of prisoners that will in some cases merit preservation with an eye toward further review. For many of …
New Jersey District Court as Gatekeeper in I.N.S. Expert Witness Case by New Jersey District Court as Gatekeeper in I.N.S. Expert Witness Case The United States District Court for the District of New Jersey entered, on June 25, 2007, their decision in a Daubert case involving the admissibility of proposed …
Patel v. Bureau of Prisons, DC, Memorandum Opinion Re Summary Judgment, Noncitizen Treatment, RFRA, FOIA, 2015 Case 1:09-cv-00200-RDM Document 130 Filed 08/21/15 Page 1 of 36 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KAMAL PATEL, Plaintiff, v. BUREAU OF PRISONS, et al., Defendants. ) ) ) ) ) …
American Humanist Association v. USA, OR, Settlement, Humanist Religious Rights, 2015 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION AMERICAN HUMANIST ASSOCIATION and JASON MICHAEL HOLDEN, Case No. 3:14-CV-00565-HZ Plaintiffs, v. UNITED STATES OF AMERICA; FEDERAL BUREAU OF PRISONS; FEDERAL CORRECTIONAL INSTITUTION, SHERIDAN, OREGON; BOP WESTERN REGIONAL DIRECTOR JUAN …
“American Taliban” Wins Injunction Against BOP Religious Worship Restrictions by Derek Gilna “American Taliban” Wins Injunction Against BOP Religious Worship Restrictions by Derek Gilna Federal prisoner John Walker Lindh, better known as the “American Taliban,” who pleaded guilty to fighting for the Taliban in Afghanistan and carrying an explosive during …
Carr v. Samuels, IN, Amended Complaint, Religious Freedom, 2014 Case 2:14-cv-00001-WTL-WGH Document 18 Filed 06/13/14 Page 1 of 18 PageID #: 206 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION BRIAN CARR et al., Plaintiffs, No. 2:14-cv-00001-WTH-WGH v. CHARLES E. SAMUELS, JR. DIRECTOR, FEDERAL BUREAU …
American Humanist Association & Holden v. USA et al, OR, Complaint, humanist religious rights, 2014 Case 3:14-cv-00565-HA Document 1 Filed 04/08/14 Page 1 of 43 Page ID#: 1 BENJAMIN W. HAILE, OSB #040660 Ben@portlandlawcollective.com Portland Law Collective, LLP 1130 SW Morrison St, Suite 407 Portland, OR 97205 Telephone: (503) 228-1889 …
Ninth Circuit Reverses Denial of RFRA DNA Challenge by The Ninth Circuit Court of Appeals held that a lower court erroneously held that an offender’s belief that he can’t give blood was not a religious belief. After pleading guilty to federal charges in California, Gregory Zimmerman was compelled to provide …
Lindh v. Federal Correctional Institution Warden, IN, Order Denying Motion to Hold Dfdnt in Contempt, 2013 Case 2:09-cv-00215-JMS-MJD Document 227 Filed 07/19/13 Page 1 of 7 PageID #: 3496 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JOHN LINDH, Plaintiff, vs. WARDEN, Federal Correctional Institution, Terre Haute, …
Gartrell v. Federal Bureau of Prisons, PA, Settlement Agreement - Releasing RFRA and Equal Protection Claims - Prayer Accommodations (2013) AGREEMENT FOR COMPROMISE, SETTLEMENT AND RELEASE OF RELIGIOUS FREEDOM RESTORATION ACT AND EQUAL PROTECTION CLAIMS It is hereby agreed by and between Plaintiff, ISADORE GARTRELL, and Defendant, Federal Bureau of …
Second Circuit: Continuing Violations Exhausted with Single Grievance by The Second Circuit Court of Appeals held on May 16, 2012 that a New York district court had incorrectly concluded that a prisoner failed to exhaust his administrative remedies before bringing a religious freedom suit. Muslim prisoner Neil Johnson was confined …
BOP's Motion to Dismiss Religious Discrimination Case Denied by A North Carolina District Court has denied the Federal Bureau of Prisons (BOP) motion to dismiss prisoners Lascelles Somie and Oral Malcolm's complaint alleging that the BOP failed to permit them to exercise their Twelve-Tribe Rastafarian religion. The plaintiffs had claimed …
Second Circuit Rules No Property Interest in Prison Industries Job, Joining Third, Fifth and Seventh Circuits by In an unpublished opinion, the Second Circuit Court of Appeals held that federal prisoners do not have a protected property interest in a UNICOR job assignment. The court also affirmed the dismissal for …
Gartrell v. FBOP, PA, Gartrell Expert Policy Proposal, RFRA Bivens Action Muslim prayer times and locations, 2012 CONFIDENTIAL SUBJECT TO FRE 408 FOR SETTLEMENT PURPOSES ONLY Isadore Gartrell v. Federal Bureau of Prisons, et al. FCI Schuylkill Muslim Prayer Policy Proposal This Muslim Prayer Policy Proposal sets forth alternatives to …
Gartrell v. Federal Bureau of Prisons, PA, Complaint, Muslim Prayer Policy, 2020 Case 1:10-cv-02160-WWC-PT Document 1 Filed 10/20/2010 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ISADORE GARTRELL, Plaintiff, v. FEDERAL BUREAU OF PRISONS; HOWARD HUFFORD, individually and in his official capacity …
Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner by The Third Circuit Court of Appeals reversed an immigration detainee’s $642,398.57 attorney fee award, finding that “the District Court’s degree of success inquiry under § 1988 was based on an impermissible reconstruction of the jury verdict.” …
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