RLUIPA monetary/restitution awards

Douglas Laycock dlaycock at virginia.edu
Fri Mar 16 07:29:32 PDT 2012


No damages against the DOC because of sovereign immunity. Sossamon v. Texas
in the S Ct a couple of years ago.

There should be a damage remedy against the officer, subject to a qualified
immunity defense and subject to the Prison Litigation Reform Act. So there
are a lot of hurdles in the way. 

Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA  22903
     434-243-8546

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Mark Sabel
Sent: Friday, March 16, 2012 10:18 AM
To: 'Law & Religion issues for Law Academics'
Subject: RLUIPA monetary/restitution awards

Dear List,

	Assume a state correctional system seizes an inmate's religious
items. Is any form of monetary relief available under RLUIPA, including
against the state DOC or individual officer?

	If not, is there any RLUIPA remedy when a state DOC confiscates an
inmates' religious items and then destroys those items?  Maybe simply a
declaratory judgment that the inmate could replace the items?
 

Thank you very much,


Mark Sabel
Sabel Law Firm, L.L.C.
P.O. Box 231348
Montgomery, AL 36123
Phone: (334) 546-2161
Fax: (334) 819-7051
E-Mail: MkSabel at mindspring.com



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