American Indian prisoner religious freedom

Native Prisoners Win Religious Freedom Case in Tenth Circuit

Matthew L.M. Fletcher

Here is the opinion in Williams v. Hansen.

Native Prisoners Win RLUIPA Trial in Texas

Matthew L.M. Fletcher

Here is the opinion in Goodman v. Davis (S.D. Tex.):

dkt-322-findings-of-fact-and-conclusions-of-law.pdf

Huy Request of UN Human Rights Committee Re: United States Religious Treatment of Indigenous Prisoners

Matthew L.M. Fletcher

Here:

huy submission to un human rights committee re united states 5th periodic review and indigenous prisoners’ religious freedoms

Huy Letter to US Dept. of State over Treatment of Native Prisoners

Matthew L.M. Fletcher

Here:

8-15-17 Huy Letter to CERD Re US State Department – Indigenous Prisoners Religious Rights 2017

Fifth Circuit Decides Indian Prisoner Religious Freedom Case

Matthew L.M. Fletcher

Here is the opinion in Davis v. Davis.

An excerpt:

Prisoner Plaintiffs Teddy Norris Davis and Robbie Dow Goodman appeal the district court’s grant of summary judgment in favor of prison officials within the Texas Department of Criminal Justice (“TDCJ”). The district court granted summary judgment in Defendants’ favor on Plaintiffs’ First Amendment and 42 U.S.C. § 1983 claims challenging TDCJ policies on the wearing of medicine bags, the use of pipes during Native American religious pipe ceremonies, and grooming, based on the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc, et seq. We AFFIRM in part as to the First Amendment claim and RLUIPA claims concerning medicine bags and pipe ceremonies, and we VACATE and REMAND in part for further findings as to Plaintiffs’ grooming-policy RLUIPA claim.

Mass. Supreme Court Rules Sweatlodge Closure Violates RLUIPA

Sarah M Donnelly

Memorandum and Order in re Trapp v. DOC

Previous post here.

Trapp v. Department of Correction Amicus Brief

Matthew L.M. Fletcher1 Comment

Here:

Trapp Amicus – Final

Seventh Circuit Rules in Favor of Navajo Inmate on Religious Freedom Claim

Matthew L.M. Fletcher

Here is the opinion in Schlemm v. Wall.

And a release from Huy.

Eighth Circuit Affirms Dismissal of Shakopee Tribal Member’s Prisoner Rights Claim

Matthew L.M. Fletcher

Here is the opinion in Brooks v. Roy.

An excerpt:

According to Brooks, he was placed into a 12-step program at New Dimensions because there is no alternative program at MCF-Faribault for those of a Native American faith. He says that the program “conflicts with his Native American religious faith” because it forces him to “profess beliefs that are inconsistent with his faith, which he does not wish to do.” Brooks does not, however, specify his religion or allege which principles of his religion are compromised or unaccommodated at MCF-Faribault. Instead, he requests to participate in what he asserts is a culturally appropriate treatment program available at the Mash-ka-wisen treatment center in Sawyer, Minnesota, which is 191 miles north of MCF-Faribault. Brooks says the defendants denied his request, and he appealed their decision until, he alleges, he had exhausted his administrative remedies.

Briefs:

Appellant Brief

Appellee Brief

Reply Brief

 

SCOTUS Upholds Prisoner Religious Freedom Claim in Holt v. Hobbs

Matthew L.M. Fletcher1 Comment

Here is the opinion.
Here is the NYTs article describing the opinion.

NCAI and Huy filed briefs in this matter, here.

Of note, perhaps, Justice Sotomayor authored a separate concurring opinion quoting from two lower court decisions involving Indian or Indian-related claims, Yellowbear and Wilgus.