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Supreme Court Rules Correctional Institutions Must Allow Half Inch Beards for Religious Reasons

Posted in Commentary on January 30, 2015 By Lisa Soronen, Executive Director, SLLC

To the casual Supreme Court watcher Holt v. Hobbs will probably be known and remembered more for John Oliver’s rendition of the oral argument featuring dogs posed as Supreme Court Justices rather than what the Court held. But, for Gregory Holt, and other inmates who have been not been allowed to grow half inch beards, it is the holding they will remember.

The Supreme Court held unanimously that an inmate’s rights under the Religious Land Use and Institutionalized Persons Rights Act (RLUIPA) were violated when he was not allowed to grow a half inch beard in accordance with his religious beliefs. This case will affect correctional institutions with no-beard policies and may provide lower court’s guidance in evaluating RLUIPA claims in the corrections and land use context. Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on September 23, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

Second Circuit

Chabad Lubavitch of Litchfield County, Inc. v. Litchfield Hist. Dist. Comm’n, No. 12-1057 (Sept. 19, 2014): The court ruled, in Religious Land Use and Instiutionalized Persons Act challege to historic district’s denial of application to modify property for religious use, that district court: (i) erred in finding that rabbi lacked standing; and (ii) applied the wrong standard to determine that the historic district was entitled to summary judgment under RLUIPA.

Sixth Circuit

United Pet Supply, Inc. v. City of Chattanooga, No. 13-5181 (Sept. 18, 2014): The court found that: (i) private animal-welfare employee that contracted with City may not assert qualified immunity; (ii) officers may not assert qualified-immunity defense to “official capacity” suits; (iii) seizure of animals without prior hearing did not violate procedural due process; (iv) revocation of permit without hearing did violate due process; (v) that warrantless animal seizure did not violate Fourth Amendment because of exigent circumstances; and (vi) seizure of records without warrant violated clearly established Fourth-Amendment right and therefore officer was not entitled to qualified immunity.
Finn v. Warren County, No. 13-6629 (Sept. 16, 2014): In action alleging inadequte medical care in violation of the Eighth Amendment and state law claims including negligence after Finn died in his cell, the court reversed grant of summary judgment for officer, remanded for trial on negligence claim, and otherwise affirmed judgment below.

Seventh Circuit Continue reading →

Birth Control Mandate Case Also a Land Use Case?

Posted in Case Notes on July 16, 2014 By Lisa Soronen, Executive Director, SLLC

As usual, on the last day of the Supreme Court’s term it released its opinion in the biggest case of the term: Burwell v. Hobby Lobby. The Court held 5-4 that the Affordable Care Act’s birth control mandate violates the Religious Freedom Restoration Act (RFRA), as applied to closely held corporations.

Though not obvious, this case may have a significant impact on land use regulation. For this reason, the State and Local Legal Center (SLLC) filed an amicus brief, which Justice Ginsburg quoted in her dissenting opinion. Continue reading →

Seventh Circuit: RLUIPA Does Not Mandate That County Allow Camp in Residential Area

Posted in Case Notes on November 4, 2013 By Kira Klatchko

Eagle Cove believed that its religion required it to hold its Bible camp in only one place: on its lake-side property in Oneida County, Wisconsin. But the County had zoned the property for residential use only.

When Eagle Cove asked the County to re-zone the property, the County refused.

When Eagle Cove asked for a conditional use permit so that it could hold the Bible camp anyway, the County denied that too.

Did the County’s denials violate the Religious Land Use and Institutionalized Persons Act? In Eagle Cove Camp & Conference Center v. Town of Woodboro, No. 13-1274 (Oct. 30, 2013), the Seventh Circuit said “no.” It affirmed the grant of summary judgment for the County and for the Town of Woodboro.

No Total Exclusion

One provision of RLUIPA provides that Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on November 4, 2013 By Kira Klatchko

Here are published decisions involving local governments from the federal appellate courts from October 28, 2013 through November 1, 2013:

6th Circuit

Hidden Village, LLC v. City of Lakewood, No. 12-3543 (Oct. 30, 2013) (finding that claim brought by apartment-complex owner that City and officials waged racially motivated harassment campaign against its tenants may proceed to trial).
Burgess v. Fischer, No. 12-4191 (Nov. 1, 2013) (holding that summary judgment for County and officers was only proper for certain of plaintiffs’ excessive force, failure to intervene, deliberate indifference, and municipal liability claims under 42 U.S.C. 1983).

7th Circuit

Eagle Cove Camp & Conference Inc. v. Town of Woodboro (Oct. 30, 2013) (affirming grant of summary judgment for Town in Religious Land Use and Institutionalized Persons Act claim that Town’s land-use regulations prohibited plaintiffs from running year-round Bible camp on residentially zoned property). See our coverage here.

9th Circuit

Armstrong v. Asselin, No. 10-35777 (Nov. 1, 2013) (determining that officers were entitled to qualified immunity for search arising out of officers’ review of allegedly indecent magazine).