Lindell v. McCallum.

PositionACCESS TO COURT - Brief Article

U.S. Appeals Court

IN FORMA PAUPERIS

PLRA -- Prison Litigation Reform Act

Lindell v. McCallum, 352 F.3d 1107 (7th Cir. 2003). A state prisoner sought permission to proceed in forma pauperis, and brought an action alleging that prison officials prevented him from practicing his religion and forced him to participate in programs that violated his religious beliefs. The district court refused to grant in forma pauperis status and dismissed the case. The appeals court vacated and remanded. The appeals court held that the prisoner stated a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court found that the immunity of officials and staff could not be a complete bar to the prisoner's action where the prisoner sought both injunctive relief for continuing violations, and damages for past violations. The prisoner alleged that officials and staff interfered with the practice of his obscure religion by destroying mail that had...

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