Religious Land Use and Institutionalized Persons Act – Page 2

Eighth Circuit Affirms Injunction against South Dakota Ban on Native Prisoner Tobacco Use

April 25, 2014Matthew L.M. Fletcher

Here is the opinion in Native American Council of Tribes v. Weber. An excerpt:

In this appeal, we consider the South Dakota Department of Corrections’ (“SDDOC”) decision to prohibit tobacco use by Native American inmates during religious activities. In 2009, the Native American Council of Tribes (“NACT”) and South Dakota Native American inmates Blaine Brings Plenty and Clayton Creek (collectively “inmates”) brought suit against 1 prison officials from the SDDOC (collectively “defendants”)2 claiming that the tobacco ban substantially burdened the exercise of their religious beliefs in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc-1(a). After a three-day bench trial, the district court granted 3 injunctive relief to the inmates and directed the parties confer regarding a revised tobacco policy. On failure to agree, the district court entered a remedial order that, among other things, limited the proportion of tobacco in the mixture distributed to inmates for religious purposes to no more than one percent. The defendants appeal the grant of injunctive relief, including the remedial order. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

Briefs here:

South Dakota Opening Brief

Native American Council Brief

US Amicus Brief

South Dakota Reply Brief

Lower court materials are here and here.

NCAI and Huy Amicus Brief Supporting Cert Petition of Native Prisoner

March 14, 2014Matthew L.M. Fletcher3 Comments

Here is the amicus brief in Knight v. Thompson:

Knight – NCAIHuyCertAmicus

Lower court materials are here.

Tenth Circuit Issues Prison Sweat Lodge Decision; Religious Freedom Upheld

January 23, 2014Matthew L.M. Fletcher3 Comments

Here are the materials in Yellowbear v. Lampert:

Yellowbear Brief

Yellowbear Supplemental Brief

Wyoming Brief

Yellowbear Reply

CA10 Opinion

An excerpt:

Andrew Yellowbear will probably spend the rest of his life in prison. Time he must serve for murdering his daughter. With that much lying behind and still before him, Mr. Yellowbear has found sustenance in his faith. No one doubts the sincerity of his religious beliefs or that they are the reason he seeks access to his prison’s sweat lodge — a house of prayer and meditation the prison has supplied for those who share his Native American religious tradition. Yet the prison refuses to open the doors of that sweat lodge to Mr. Yellowbear alone, and so we have this litigation. While those convicted of crime in our society lawfully forfeit a great many civil liberties, Congress has (repeatedly) instructed that the sincere exercise of religion should not be among them — at least in the absence of a compelling reason. In this record we can find no reason like that.

Fifth Circuit Largely Rules Against American Indian Prisoner in RLUIPA Case

October 3, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in Chance v. Texas Dept. of Criminal Justice:

Chance v. TDCJ Decision

Chance – Opening Brief (FILED)

Amicus Brief of Pan-American Indian Association

Texas– Appellee Brief

An excerpt:

Plaintiff-Appellant William Chance, Jr. (“Chance”) is a prisoner currently incarcerated by the Texas Department of Criminal Justice (“TDCJ”). Chance filed suit under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) alleging that TDCJ has failed to accommodate several tenets of his Native American religion, including: (1) personal participation in a pipe-smoking ceremony, (2) participation in a minimum number of various ceremonies, (3) indoor smoke-wafting, and (4) personal possession of a lock of a deceased relative’s hair. We agree with the district court that the summary judgment record demonstrated that the prison policies associated with Chance’s first three complaints are the least restrictive means of furthering TDCJ’s compelling interests. However, we disagree with the district court that summary judgment was appropriate on Chance’s claim that prohibiting the possession of a lock of a relative’s hair was not the least restrictive means of furthering TDCJ’s compelling interests. We therefore AFFIRM the district court’s judgment in part, and VACATE and REMAND it in part.

NCAI Amicus Brief in Eleventh Circuit Fight over Native Prisoners and Long Hair

September 3, 2013Matthew L.M. Fletcher2 Comments

Here is the brief in Knight v. Thompson:

Knight – NCAI Amicus Brief on En Banc Final

News coverage here.

Update in South Dakota Prisoner Litigation– No Stay on Appeal and Attorney Fees Award

August 5, 2013Matthew L.M. Fletcher1 Comment

Here are the new materials in Native American Council of Tribes v. Weber (D. S.D.):

DCT Order on Stay and Attorney Fees

Prior materials are here, here, here, and here.

Texas Dept. of Criminal Justice Response Brief in Fifth Circuit Religious Freedom Case

April 8, 2013Matthew L.M. Fletcher

Here:

Chance – Appellee Brief

Opening briefs were here.

Remedial Order re: South Dakota Prison Ban on Tobacco

January 28, 2013Matthew L.M. Fletcher4 Comments

The case, once again, is Native American Council of Tribes v. Weber (D. S.D.):

DCT Remedial Order

The court previously issued an order explaining how the ban violates federal religious freedom rights here.

Since the prison system could not agree with the prisoners on a way to craft an injunction, Judge Schreier simply issued an order stating, “[D]efendants are enjoined from banning tobacco used during Native American religious ceremonies.”