Religion.

• Position: Fenelon v. Riddle - Marria v. Broaddus - Murphy v. Carroll

37. Religion U.S. Appeals Court Fenelon v. Riddle, 34 Fed.Appx. 265 (9th Cir. 2002). An inmate brought an action against prison WORK officials, alleging that the First Amendment required the prison to permit him to attend a RLUIPA--Religious weekly Jumu'ah service for Muslims, and that time Land Use and spent at the service should count toward reducing Institutionalized his sentence under a state work incentive Persons Act program. The district court granted summary judgment in favor of the inmate and entered a permanent injunction. The appeals court reversed and remanded, finding that the district court erred in interpreting Jumu'ah as a special religious function in order to "avoid a constitutional quandary." The court noted that the state's voluntary cessation of the alleged unlawful practice did not render the inmate's actions moot. The appeals court advised the district court, on remand, to consider the impact of any intervening changes in the law, including the Religious Land Use and Institutionalized Persons Act of 2000. (California Medical Facility Prison) U.S. District Court Marria v. Broaddus, 200 F.Supp.2d 280 (S.D.N.Y. 2002). A state prisoner brought a [section] 1983 FREEDOM OF action against prison officials alleging RELIGION violation of the First Amendment, the Religious Land Use and Institutionalized Persons Act OPPORTUNITY TO (RLUIPA), and the Due Process Clause. The PRACTICE prisoner challenged the confiscation of certain religious materials. The district court denied RESTRICTIONS summary judgment on the First Amendment and RLUIPA claims, but granted qualified immunity to SINCERITY the defendants on the due process claims. The court found genuine issues of material fact, RLUIPA--Religious precluding summary judgment, on the Land Use and permissibility of the prison's ban on materials Institutionalized and assembly, whether the inmate had an Persons Act alternative means of exercising his First Amendment...