AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and Detention Facilities
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A federal appeals
court upheld a ruling that South Dakota Native American inmates had met
their burden that a prison ban on tobacco use substantially burdened their
religious freedom in violation of the Religious Land Use and Institutionalized
Persons Act of 2000 (RLUIPA), 42 U.S.C. 2000cc-1(a). The fact that some
Native Americans who practice the Lakota religion would accept red willow
bark as an alternative to tobacco did not alter the ruling. Even if it
were shown that the ban furthered compelling interests in order and security,
it was not the least restrictive means of doing so. The trial court's remedial
orders, limiting the amount of tobacco used in activities, did not go further
than needed to remedy the rights violation, and therefore complied with
the Prison Litigation Reform Act under 18 U.S.C.S. § 3626(a)(1)(A).
Native American Council v. Weber, #13-2745, 2014 U.S. App. Lexis 7766 (8th
A California prisoner complained that he was denied cell feeding and cell medication despite orders for such accommodations after he underwent ankle surgery, and that he allegedly fell down on two occasions, as a result, while trying to get his food and medication. Because it was "highly unlikely" that the prisoner was still subject to those cell feeding and cell medication orders, which were issued a year ago, he was not entitled to injunctive relief. Santos v. Singh, No. CIV S-08-0315, 2008 U.S. Dist. Lexis 55507 (E.D. Cal.).
274:153 Trial court upholds settlement of prisoners' claim that chaining all prisoners together on "chain gang" work detail put them in danger of injury; court rules that use of "hitching post" on all prisoners who refuse to work was cruel and unusual punishment; private settlement of class action was not subject to limitations on injunctive relief set forth in Prison Litigation Reform Act. Austin v. Hopper, 15 F.Supp.2d 1210 (M.D. Ala. 1998).
260:125 Federal appeals court overturns trial court's injunctive order requiring prison officials to provide religiously mandated vegetarian, non-dairy diet containing no grape products to prisoner who claimed to be a "Nazarite Disciple" of Jesus Christ Messiah and then asserted that he was a Rastafarian; trial judge improperly failed to allow defendants to respond to prisoner's assertion of Rastafarian faith and failed to make findings required for injunctive relief under the Prison Litigation Reform Act. Oluwa v. Gomez, 133 F.3d 1237 (8th Cir. 1998).
238:147 Federal Prison Litigation Reform Act becomes law, makes numerous changes in prison litigation, including scope of injunctive orders, standards for termination of injunctive orders, amount of attorneys' fees, standard for prisoner release orders in overcrowding cases, prisoner payment of filing fees and court costs, barring inmates who repetitively file frivolous suits from further filings, no awards for mental/emotional distress in the absence of physical injury, and revocation of federal prisoner's good time credits if they file malicious lawsuits or testify falsely, among other highlights.
District court injunction against overcrowding at Oregon prison was improperly issued. Atiyeh v. Capps, 449 U.S. 1312, 101 S.Ct. 829 (1981).
Police blotter available to newspaper. City of Houston v. Houston Chronicle Pub. Co., 673 S.W.2d 316 (Tex. App. 1984).
Attempt by fellow deathrow inmates to stop execution fails. Court refuses to issue stay. Daniels v. Zant, 494 F.Supp. 720 (M.D. Ga. 1980).
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