InnerChange Litigation

[marty.lederman at comcast.net]

Pretty devastating for the future of faith-intensive prison programs of this kind.  But not unexpected, of course -- there really wasn't much of an argument on the other side.  (For my previous thoughts on the case, see here (http://balkin.blogspot.com/2006/04/blatantly-unconstitutional-federal.html) and here (http://balkin.blogspot.com/2006/06/trial-court-enjoins-unconstitutional.html). 

The reversal on the reimbursement remedy is based on the notion that although everyone knew damn well this was illegal, they were well-motivated.  I'm dubious about such logic, but I'm not surprised the court reversed on the remedy -- the precedent set by the decision itself is a sufficient deterrent to all such programs going forward.

The most important aspect of the case is the holding that the PFM was itself a state actor, given the prison setting and the control they had over the prisoners.  I've argued that this follows fairly easily from West v. Atkins, but many were dubious.  Thus, even if there were no state funding, as such, such a program could not continue within the prison.

It might be a different story if a prison simply allowed many outside groups to come into the prison occasionally to lead rehab programs.  But that's a far cry from these sorts of programs.

 
 -------------- Original message ----------------------
From: "Christopher Lund" <Lund at mc.edu>
> Attached is a copy of the opinion in Americans United v. Prison
> Fellowship Ministries, which was issued yesterday.  The Eighth Circuit
> affirmed the district court's finding of unconstitutionality, but
> modified the injunction so that PFM now doesn't have to pay back the
> $1.5 million it received from the state under its contract before the
> finding of unconstitutionality.  Thoughts?
>  
> http://www.ca8.uscourts.gov/opndir/07/12/062741P.pdf 
>  
>  
> Christopher C. Lund
> Assistant Professor of Law
> Mississippi College School of Law
> 151 E. Griffith St.
> Jackson, MS  39201
> (601) 925-7141 (office)
> (601) 925-7113 (fax)