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Tag Archives: Constitutional

No immunity for solitary confinement practices

Where detainees at supermax facilities alleged that solitary confinement violated their Eighth Amendment right to be free from cruel and unusual punishment and their 14th Amendment right to receive sufficient process, prison officials were properly denied qualified immunity at the ...

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Unreasonable restraint: Political ad ban doesn’t pass constitutional muster

Bus with no advertisements on the side

A public transit system had a legitimate interest in avoiding some politically charged advertisements, but its lack of a formal definition of “political” or written guidelines clarifying how its prohibition on political ads was to be applied doomed its policy ...

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Richmond Transit’s advertising policy struck down

Where the Richmond Transit Authority had a legitimate interest in avoiding some class of politically charged advertisements, but had no formal definition of “political” and no written guidelines clarifying how the ban on all political ads was to be applied, ...

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Denial of church’s zoning requests didn’t violate law

Where a church was aware of zoning restrictions when it purchased property, it could not have had a reasonable expectation of religious land use, dooming its claim under the Religious Land Use and Institutionalized Persons Act, or RLUIPA. Because the ...

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High school’s admission requirements unconstitutional

Where a change to the admission requirements of a highly-selective high school had a substantial disparate impact on Asian American students, racial balancing is not a compelling interest and the school board’s actions were not narrowly tailored, the new admission ...

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Detainee: First Amendment violation related to email

Where a correctional institution’s policy prohibited a detainee’s email recipients from forwarding messages, and his emails were allegedly censored because of their content, he plausibly asserted a violation of his First Amendment rights. Background Askari Dansa M. S. Lumumba alleges ...

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Prison’s policy did not violate Muslim detainee’s rights

Where a practicing Muslim detainee argued that he should not be forced to purchase his prayer oils from a commissary that sells “swine and idols” because Islam prohibits buying religious items from such vendors, the corrections department properly prevailed at ...

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