RLUIPA Tag

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Posted 30 Jan 2015 in Commentary
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.  

Posted 23 Sep 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:court collumn Second Circuit 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

Posted 16 Jul 2014 in Case Notes
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. Gavel 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.

Posted 04 Nov 2013 in Case Notes
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.Wisc-lake 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

Posted 04 Nov 2013 in Monday Morning Review

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...