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Eleventh Circuit Says Passover Sign-Up Requirement in Florida Jail Passes Constitutional Muster by David Reutter by David M. Reutter On June 10, 2022, the U.S. Court of Appeals for the Eleventh Circuit ruled that a Florida jail’s policy requiring detainees to sign up for Passover meals 45 days in advance …
Article • March 1, 2022 • from PLN March, 2022
Michigan Prisons Ordered to Provide Jewish Prisoners Meat and Dairy on Sabbath and Holidays; Sixth Circuit Affirms by David Reutter by David M. Reutter On October 12, 2021, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s judgment in favor of Michigan prisoners who sought a …
Fourth Circuit Reverses Dismissal of Virginia Prisoner’s Religious Freedom Suit by The Fourth Circuit Court of Appeals reversed the dismissal of a Virginia prisoner’s civil rights action that raised claims related to his religious practices and medical care. Prisoner Jesus Emmanuel Jehovah’s complaint alleged prison officials violated his free exercise …
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath by On April 13, 2009, U.S. District Court Judge Harry F. Barnes adopted a magistrate’s report and recommendation that found an Arkansas prisoner should be awarded $625 after being punished for refusing to work on the Sabbath. …
Article • May 15, 2008
Massachusetts DOC Denial of Ramadan Food to Prisoner in Seg Upheld by In an earlier opinion, 44 F.Supp.2d 400 (D.Mass. 1999), the court denied summary judgment to defendants on the request of the Muslim plaintiff, serving 10 years in segregation, that he be provided cereal, peanut butter, etc., three days …
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 …
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 …
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
Filed under: Work, Prison Labor, Sabbaths
$750 Paid in Washington Prisoner's Religious Discrimination Suit by In March and April 1999, Kenneth J. Busby, a prisoner at Washington's Airway Heights Correctional Center, worked at the Food Factory at AHCC. Bushy is a faithful practicing Muslim, which requires attendance at a weekly Friday prayer/worship service called Ju'mah. At …
Article • May 15, 2007
Standard Set for Violation of Free Exercise Clause by The U.S. Supreme Court held that government may not deny unemployment benefits to a claimant who was unable to obtain employment because of religious objections she would not take Saturday work. After being discharged from her job as a textile mill …
Article • September 15, 2005 • from PLN September, 2005
Confiscation of "New Afrikan" Literature May Violate First Amendment by Confiscation of "New Afrikan" Literature May Violate First Amendment The Second Circuit Court o Appeals reversed a New York district court's dismissal of a prisoner's complaint alleging violation of his rights under a Religious Land Use and Institutionalized Persons Act …
Article • September 15, 2003 • from PLN September, 2003
Ninth Circuit Affirms Constitutionality of RLUIPA by by John E. Dannenberg In a case of first impression, the Ninth Circuit U.S. Court of Appeals affirmed a district court ruling that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) (42 U.S.C. § 2000 cc et seq.) passes constitutional …
PLRA Allows California Religious Preliminary Injunction by David Reutter by David M. Reutter The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction …
Article • September 15, 2001 • from PLN September, 2001
Denial of Religious Diet Violates First Amendment by The Court of Appeals for the Eighth Circuit held that prison officials' denial of a religious diet violated the First Amendment by substantially burdening a state prisoner's religious beliefs. Arkansas state prisoner Kelvin Love is a self-proclaimed adherent of the "Hebrew religion." …