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Second Circuit: RLUIPA Disallows Individual Capacity Suits
Loaded on June 5, 2014
by David Reutter
published in Prison Legal News
June, 2014, page 36
Filed under:
Retaliation,
RLUIPA,
Immunity/Liability,
First Amendment,
Religious Practices.
Location:
New York.
Second Circuit: RLUIPA Disallows Individual Capacity Suits
by David M. Reutter
The Second Circuit Court of Appeals held in September 2013 that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not create a private right of action against state officials in their individual capacities.
Anthony Washington, incarcerated at ...
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More from this issue:
- Consequences of California’s Realignment Initiative, by Christopher Petrella
- Mandamus Petition May Constitute Prison Conditions Litigation in Pennsylvania, by David Reutter
- Seventh Circuit: Jail Social Worker Ignored Detainee’s Suicide Risk
- Nebraska County Attorney’s Conviction Reversed for Theft from Pretrial Diversion Program, by David Reutter
- For Sale: New York Lakefront Property with Garage, Pig Farm and 736 Prison Cells
- Ohio Community Corrections Program Hires Former Prisoners to Work at Supermax
- Prison Officials Praise Industry Programs Despite Downsides, by David Reutter
- Florida Guards Sentenced in Bribery Scheme
- D.C. Circuit Reinstates Prisoner’s FOIA Suit, by Derek Gilna
- Cook County Detainee’s Suit Alleging Deliberate Indifference to Safety Survives Summary Judgment, by David Reutter
- CCA Guard Killed During Riot was on Prisoners’ “Hit List”, by Matthew Clarke
- Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction, by David Reutter
- Bureau of Prisons Mistakenly Served Meat Intended as Pet Food, by Derek Gilna
- European Court of Human Rights Ruling Rebukes U.S. Prison System, by Derek Gilna
- DOJ Intervenes in Class-action Suit Challenging New Orleans Jail Conditions; Consent Judgment Entered, by David Reutter
- 5.85 Million People Disenfranchised in Supposedly Democratic America, by David Reutter
- Arkansas Jail Prisoner Can Proceed on Failure to Protect Claim Against Guard, by David Reutter
- Washington Appellate Court Addresses Right to Public Hearings in Civil Cases, by Mark Wilson
- California: Lack of Insight Cannot be Inferred when Prisoner Accepts Responsibility for Crime and Expresses Genuine Remorse, by Michael Brodheim
- Second Circuit: RLUIPA Disallows Individual Capacity Suits, by David Reutter
- Ninth Circuit: Heck Allows § 1983 Parole Condition Challenges, by Mark Wilson
- Oregon Garnishment Exemption Protects Funds in Prisoners’ Accounts, by Mark Wilson
- California’s Lethal Injection Protocol Deemed Invalid by State Court, by Michael Brodheim
- Utah Prisoner Awarded $200 for Violation of Religious Rights
- Seventh Circuit: Atheism Considered a Religion; Survey of Prisoner Interest Required, by Mark Wilson
- Scared Straight Programs Remain Popular Among Parents Despite Warnings, by Elly Yu
- U.S. Citizens without Remedy in Military Torture Case, by Derek Gilna
- Ex-football Star Exonerated a Decade after Rape Conviction
- Despite Reforms, Juvenile Offenders in Texas Remain Endangered, by Matthew Clarke
- Jails Face Backlash, Class-action Lawsuits Over Debit Card Fees, by Matthew Clarke
- Lawsuits Challenge Conditions at Tennessee Jail; Five Charged in Bribery and Smuggling Scheme
- Are We Really Witnessing the End of Mass Incarceration?, by James Kilgore
- Florida Prisoner Awarded $1.2 Million for Burn Injuries
- From the Editor, by Paul Wright
- Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections
- News in Brief
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- 20 South Carolina Prisoners Sentenced So Far for Deadly 2018 Riot, Feb. 15, 2025. Retaliation, Prison Rebellion, Prison Gangs, Staffing, Cell Phone Access.
- Eleventh Circuit Tells BOP Prisoner in Georgia: Bivens Is On “Endangered Species List”, Feb. 15, 2025. Staffing, Immunity/Liability, Staff Training, Bureau of Prisons (BOP), Civil Rights Actions or Offenses/Bivens Actions.
- Fourth Circuit Revives West Virginia Prisoner’s RLUIPA Claim Over Religious Diet with Soy He Can’t Digest, Jan. 15, 2025. State Law Claims, RLUIPA, Religious Diet.
- Lawsuits by Michigan Prisoner Yield $57,750 in Settlements, Plus Policy Changes, Jan. 15, 2025. Settlements, Denial of Religious Services, Religious Practices.
- Six Set Themselves on Fire at Virginia Prison in 2024, Jan. 15, 2025. Retaliation, Protests, Control Units/SHU/Solitary Confinement, Fire to the Prisons Magazine.
- ICE’s Deadly Force Problem: A Culture of Impunity, Nov. 1, 2024. Immunity/Liability, Excessive Force (Police), Immigration Law/Offenses.
- Unintended Consequence of Texas Prisoner Tablets: Retaliation from Fellow Prisoners, Aug. 15, 2024. Retaliation, Informants, Electronic Tablets, Securus.
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, Aug. 1, 2024. Retaliation, Probable/Proximate Cause, Arrest/Arraignment, Court of Claims.
- 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.
- 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.