Brown Ex Rel. Indigenous Inmates v. Schuetzle.

PositionCivil rights action - Brief Article

U.S. District Court

RELIGION

Brown Ex Rel. Indigenous Inmates v. Schuetzle, 368 F.Supp.2d 1009 (D.N.D. 2005). Native American inmates at a state prison brought a civil rights action alleging they were being deprived of their right to freely exercise their religion. The district court dismissed the action. The court held that the prison's failure to hire or appoint an individual that met a chief's requirements for conducting sacred sweat lodge ceremonies did not violate the inmates' civil rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court noted that a prison is not under an affirmative duty to hire a particular clergy person, and that an appropriate solution can include rotating different clergy in an effort to cater to all sects. According to the court, the chief's statement of...

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