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Ninth Circuit Reverses Dismissal of Wiccan Prisoners’ Establishment Clause Claim
Loaded on Feb. 15, 2014
published in Prison Legal News
February, 2014, page 36
On February 19, 2013, the Ninth Circuit reversed a district court’s dismissal of a lawsuit brought under 42 U.S.C. § 1983 by two California prisoners who alleged that prison officials had violated their constitutional rights by failing to apply neutral criteria in determining whether paid chaplaincy positions were necessary to ...
Filed under:
Discrimination,
Religious Discrimination,
RLUIPA,
Denial of Religious Services,
Religious Practices.
Location:
California.
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More from this issue:
- Violence, Security Lapses and Media Attention Lead to Reforms at Georgia Prison, by David Reutter
- From the Editor, by Paul Wright
- Prison Phone Justice Campaign: Recent Developments
- Bankruptcy Injunction Covers Pre-petition Incarceration Costs, but Not Those that Accrue Afterwards
- What Are the Odds of Complete Reversal After Conviction in the Second Circuit?, by Peter Schmidt
- The Effects of Private Prison Confinement in Minnesota on Offender Recidivism
- Confronting Prison Slave Labor Camps and Other Myths, by James Kilgore
- Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief
- Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert.
- California: Felons with Prior Juvenile Strikes Excluded from County Jail Placement Under Realignment Act
- PA Prison Lieutenant Fired After Assisting in Criminal Investigation
- PLN Settles Censorship Suit Against Texas County Jail for $175,000
- New Trial Granted in Jail Strip Search Case Following Jury Verdict; $385,000 Settlement, by Matthew Clarke
- California: State Prisoner Cannot Serve Concurrent Sentence in County Jail
- Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case
- Prisoner Assaulted in Tennessee Jail Settles Suit for $530,000, by Derek Gilna
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, by John Dannenberg
- California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release
- Qualified Immunity Denied to Prison Psychiatrist who Prescribed Lethal Drug Combination; $450,000 Settlement
- Medical Parole for Texas Prisoners on the Decline, by Matthew Clarke
- Court Employee Fired for Helping Wrongfully Convicted Prisoner Prove His Innocence, by Christopher Zoukis
- NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction
- Islamic Organization Petitions to Let Muslim Women Prisoners Wear Hijabs, by Christopher Zoukis
- Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation
- Ninth Circuit Reverses Dismissal of Wiccan Prisoners’ Establishment Clause Claim
- West Virginia Sex Offender Does Not Have Right to Attend Specified Church
- Rules Governing Lethal Injections Not Required under Georgia Law
- Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause
- Private Corrections Institute Issues First Annual Awards for Activism, Advocacy and Reporting on Private Prisons
- Criminal Background Checks Criticized for Incorrect Data, Racial Discrimination, by Derek Gilna
- Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity
- Ninth Circuit Upholds Six-Day Contraband Watch Conditions
- Reflections on the No More Jails Campaign in Champaign County, Illinois, by James Kilgore
- Ninth Circuit Questions Constitutionality of Requiring Jail Prisoners to Wear Pink Underwear, by Matthew Clarke
- Pennsylvania Jail Official Indicted for Groping Co-workers, by Christopher Zoukis
- Solitary Confinement’s Invisible Scars, by Five Oman Mualimm-ak
- Lawsuit, Whistleblower Allege Rape by Guards at New Mexico Prison
- Ninth Circuit: Immigration Detainees Must be Afforded Opportunity to Challenge Continued Detention after Six Months
- Restitution Not Owed for Arrest Costs, West Virginia Court Holds, by Derek Gilna
- Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed
- Washington: No Public Funds for Deferred Prosecution Treatment Programs
- Short-term Deprivation of Toilet Paper Does Not Violate Detainee’s Rights
- Justice Department Reports: Correctional Populations Declining at Slower Pace, by Derek Gilna
- Jails Market Electronic Cigarettes to Prisoners, by Christopher Zoukis
- Crime Declines while Anti-crime Funding Increases, by Christopher Zoukis
- News in Brief
More from these topics:
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, July 1, 2024. Religious Discrimination, Retaliation for Filing Grievances, RLUIPA.
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024. Religious Discrimination, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, May 15, 2024. Racial Discrimination, Religious Discrimination, FBI, First Amendment, rights, Police State-Surveillance, Social Media.
- Fourth Circuit Moves North Carolina Prisons Closer to Recognizing Nation of Gods and Earths, May 1, 2024. Religious Discrimination, RLUIPA, Religion Defined, Religious Freedom/Worship, Religious Land Use and Institutionalized Persons Act (RLUIPA), Free Exercise Clause.
- Kansas DOC Claims Discrimination Against Wiccans Was “Inadvertent”, April 1, 2024. Religious Discrimination, Mail, Publications/Books, Banned Book Lists, Censorship, Prison Mail.
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, March 1, 2024. Administrative Exhaustion (PLRA), Injunctions, RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA), Right to Grow a Beard.
- Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, Jan. 1, 2024. Administrative Exhaustion (PLRA), Administrative Exhaustion, RLUIPA, Administrative Procedures Act (State), Right to Grow a Beard.
- New Jersey Prisoner’s Suit Survives Seeking to Validate the Nation of Gods and Earth as a Religion, Dec. 1, 2023. RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- $120,000 Paid to Muslim Detainees for Discrimination by Maryland Jail, Sept. 15, 2023. Religious Discrimination, Settlements.
- “Be Christian or Be Penalized”: After Fourth Circuit Revives Muslim Prisoner’s Challenge, Virginia Jail Settles Suit for $30,000, Sept. 15, 2023. Religious Discrimination, Settlements.