Claims -- including RLUIPA -- in Schiavo complaint.

[Ann Althouse]

I've read the complaint in the federal court case in Schiavo. The 
defendants are the husband, the state court judge, and the hospice.

The claims against the judge are the "due process right to a fair and 
impartial trial" (the judge became an advocate for her death, per the 
complaint) and a "deprivation of due process" based on the failure to 
appoint a guardian ad litem, the judge's failure ever to assess Schiavo 
in person or to order various tests. The judge is also charged with 
violating her free exercise of religion: forcing her to "engage in 
conduct proscribed by her Catholic faith specifically targets religion 
for special disabilities without a compelling reason for so doing." 
There is also an equal protection claim made against the judge.

The claim against the hospice is based on RLUIPA, with the hospice 
defined by that federal statute as operating under color of federal 
law. Schiavo is identified as a Catholic and the removal of the feeding 
tube is characterized as a "substantial burden" on her free exercise of 
religion.

What was the claim against the husband? I don't know.

The claims do not seem very strong to me.

The complaint is available here:

http://news.findlaw.com/legalnews/lit/schiavo/

Ann Althouse