1) . . motion for facts and law re dismissal in state court of voter id suit.
2) . . boone county stuff
..... a) get car
....... b) get money, write letter.
........ c) get reciept for id
.... d) follow up on grievance
.... e) demand for jury trial
....f) request for copy of information
.... g) get a lawyer
.... h) discovery
... i) contact county council re problems at jail.
j) write up defense to case
..... k) obtain court records of prior.
3) . . amicus in lwv
4) cles
5) everything else, see old lists.
this is not a public blog, just a place hwere i can leave myself notes. nothing to see here folks, move along.
Tuesday, July 21, 2009
Monday, July 20, 2009
claims under first amendment, indiana constitution, and rluipa.
`Religious Land Use and Institutionalized Persons Act of 2000'.
SEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS.
(a) GENERAL RULE- No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in section 2 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997), even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person--
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
nominal damages, punitive damages, actual damages -$580 in bond fee, - limits on mental suffering - costs and fees.
BRIAN NELSON,
Plaintiff-Appellant,
v.
CARL MILLER,
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of Illinois.
No. 03-C-254—Clifford J. Proud, Magistrate Judge.
ARGUED FEBRUARY 25, 2009—DECIDED JULY 1, 2009
caselaw.findlaw.com/data2/circs/7th/082044p.pdf
finds for miller on rluipa claim, no damages, but fees and declaratory judgment.
issued two weeks ago, 7th circuit, leading authority.
If you wish to file a complaint under RLUIPA or CRIPA, write to:
Special Litigation Section
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Special Litigation Section
Washington, D.C. 20530
The Section can also be reached by telephone (202-514-6255 or toll-free at 877-218-5228) or fax (202-514-0212 or 202-514-6273).
http://www.usdoj.gov/crt/religdisc/nelson_miller_brief.pdf
us doj amicus brief supporting right of vegetarian meals under rluipa.
http://www.firstamendmentcenter.org/news.aspx?id=17953
print this Print
Unanimous Court upholds RLUIPA
By The Associated Press
05.31.05
WASHINGTON — The Supreme Court today upheld the constitutionality of a federal law requiring state prisons to accommodate inmate religions.
Justices unanimously sided with Ohio inmates, including a witch and a Satanist, who had claimed they were denied access to religious literature, ceremonial items and time to worship.
Justice Ruth Bader Ginsburg said the Religious Land Use and Institutionalized Persons Act of 2000, which was intended to protect the rights of prisoners, is not an unconstitutional government promotion of religion.
"It confers no privileged status on any particular religious sect, and singles out no bona fide faith for disadvantageous treatment," Ginsburg wrote in Cutter v. Wilkinson, 03-9877. ( i seem to have misunderstood cutter v wilkinson, might need to re-read it.)
gainer v head - useful for first a standard.
The First Amendment, which is made applicable to the states by the Fourteenth
Amendment, provides in pertinent part that Congress shall make no law prohibiting the free
exercise of religion . U.S.C.A. Const. Amend . 1 ; Elk Grove Unified School District v .
Newdow, 542 U .S. 1, 8,124 S . Ct. 2301, 2307 n . 4, 159 L. Ed . 2d 98 (2004) . It is clearthat
inmates "retain protections afforded by the First Amendment ." O'Lone v. Estate of
Shabazz, 482 U .S. 342, 348, 107 S . Ct . 2400, 2404, 96 L. Ed . 2d 282 (1987).
The Supreme Court has outlined four factors to be considered
in determining the reasonableness of a regulation : (1) "whether the regulation has a valid,
rational connection to a legitimate governmental interest;" (2) "whether alternative means
are open to inmates to exercise the asserted right ;" (3) "what impact an accommodation
of the right would have on guards and inmates and prison resources ;" and (4) "whether
there are ready alternatives to the regulation ." Turner v. Safley, 482 U.S. 78, 89-91, 107
S. Ct. 2254, 2262, 96 L. Ed. 2d 64 (1987). The fourth factor asks whether "a prisoner has
pointed to some obvious regulatory alternative that fully accommodates the asserted right
while not imposing more than a de minimis cost to the valid penological goal ." Overton v.
Bazzetta, 539 U .S. 126, 136, 123 S . Ct. 2162, 2169, 156 L. Ed. 2d 162 (2003)
(b) BURDEN OF PERSUASION- If a plaintiff produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of section 2, the government shall bear the burden of persuasion on any element of the claim, except that the plaintiff shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the plaintiff's exercise of religion.
(7) RELIGIOUS EXERCISE-
(A) IN GENERAL- The term `religious exercise' includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.
http://docs.google.com/gview?a=v&q=cache:THCwo0MWRZcJ:www.websupp.org/data/SDGA/5:05-cv-00044-35-SDGA.pdf+rlupia&hl=en&gl=us
http://www.rluipa.com
conclusion of research:
rluipa does confer a right to a vegetarian or vegan diet for religious reasons.
boone county jail denies vegetarian diets to those who ask for them.
awaiting feedback from jail's attorneys.
Kari Ragsdale boone county corrections
Executive Director
kragsdale@co.boone.in.us
Ken Campbell, Sheriff
1905 Indianapolis Ave.
kcampbell@co.boone.in.us
765-482-1412
LEBANON, INDIANA 46052
Ken Campbell Sheriff's Department kcampbell@co.boone.in.us 765-482-1412
Todd Meyer Prosecutor's Office tmeyer@co.boone.in.us 76
Heather Barton County Council hbarton@co.boone.in.us 765
Inmates have a right to a diet that sustains them in good health and satisfies the dietary needs of their religion. McElyea v. Babbitt, 833 F.2d 196, 198 (9th Cir.1987); see also 28 CFR Sec. 548.13 (prison should comply with religious dietary laws to the extent practicable within the constraints of budget limitations and the security and orderly running of the institution and the BOP)
`Religious Land Use and Institutionalized Persons Act of 2000'.
SEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS.
(a) GENERAL RULE- No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in section 2 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997), even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person--
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
nominal damages, punitive damages, actual damages -$580 in bond fee, - limits on mental suffering - costs and fees.
BRIAN NELSON,
Plaintiff-Appellant,
v.
CARL MILLER,
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of Illinois.
No. 03-C-254—Clifford J. Proud, Magistrate Judge.
ARGUED FEBRUARY 25, 2009—DECIDED JULY 1, 2009
caselaw.findlaw.com/data2/circs/7th/082044p.pdf
finds for miller on rluipa claim, no damages, but fees and declaratory judgment.
issued two weeks ago, 7th circuit, leading authority.
If you wish to file a complaint under RLUIPA or CRIPA, write to:
Special Litigation Section
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Special Litigation Section
Washington, D.C. 20530
The Section can also be reached by telephone (202-514-6255 or toll-free at 877-218-5228) or fax (202-514-0212 or 202-514-6273).
http://www.usdoj.gov/crt/religdisc/nelson_miller_brief.pdf
us doj amicus brief supporting right of vegetarian meals under rluipa.
http://www.firstamendmentcenter.org/news.aspx?id=17953
print this Print
Unanimous Court upholds RLUIPA
By The Associated Press
05.31.05
WASHINGTON — The Supreme Court today upheld the constitutionality of a federal law requiring state prisons to accommodate inmate religions.
Justices unanimously sided with Ohio inmates, including a witch and a Satanist, who had claimed they were denied access to religious literature, ceremonial items and time to worship.
Justice Ruth Bader Ginsburg said the Religious Land Use and Institutionalized Persons Act of 2000, which was intended to protect the rights of prisoners, is not an unconstitutional government promotion of religion.
"It confers no privileged status on any particular religious sect, and singles out no bona fide faith for disadvantageous treatment," Ginsburg wrote in Cutter v. Wilkinson, 03-9877. ( i seem to have misunderstood cutter v wilkinson, might need to re-read it.)
gainer v head - useful for first a standard.
The First Amendment, which is made applicable to the states by the Fourteenth
Amendment, provides in pertinent part that Congress shall make no law prohibiting the free
exercise of religion . U.S.C.A. Const. Amend . 1 ; Elk Grove Unified School District v .
Newdow, 542 U .S. 1, 8,124 S . Ct. 2301, 2307 n . 4, 159 L. Ed . 2d 98 (2004) . It is clearthat
inmates "retain protections afforded by the First Amendment ." O'Lone v. Estate of
Shabazz, 482 U .S. 342, 348, 107 S . Ct . 2400, 2404, 96 L. Ed . 2d 282 (1987).
The Supreme Court has outlined four factors to be considered
in determining the reasonableness of a regulation : (1) "whether the regulation has a valid,
rational connection to a legitimate governmental interest;" (2) "whether alternative means
are open to inmates to exercise the asserted right ;" (3) "what impact an accommodation
of the right would have on guards and inmates and prison resources ;" and (4) "whether
there are ready alternatives to the regulation ." Turner v. Safley, 482 U.S. 78, 89-91, 107
S. Ct. 2254, 2262, 96 L. Ed. 2d 64 (1987). The fourth factor asks whether "a prisoner has
pointed to some obvious regulatory alternative that fully accommodates the asserted right
while not imposing more than a de minimis cost to the valid penological goal ." Overton v.
Bazzetta, 539 U .S. 126, 136, 123 S . Ct. 2162, 2169, 156 L. Ed. 2d 162 (2003)
(b) BURDEN OF PERSUASION- If a plaintiff produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of section 2, the government shall bear the burden of persuasion on any element of the claim, except that the plaintiff shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the plaintiff's exercise of religion.
(7) RELIGIOUS EXERCISE-
(A) IN GENERAL- The term `religious exercise' includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.
http://docs.google.com/gview?a=v&q=cache:THCwo0MWRZcJ:www.websupp.org/data/SDGA/5:05-cv-00044-35-SDGA.pdf+rlupia&hl=en&gl=us
http://www.rluipa.com
conclusion of research:
rluipa does confer a right to a vegetarian or vegan diet for religious reasons.
boone county jail denies vegetarian diets to those who ask for them.
awaiting feedback from jail's attorneys.
Kari Ragsdale boone county corrections
Executive Director
kragsdale@co.boone.in.us
Ken Campbell, Sheriff
1905 Indianapolis Ave.
kcampbell@co.boone.in.us
765-482-1412
LEBANON, INDIANA 46052
Ken Campbell Sheriff's Department kcampbell@co.boone.in.us 765-482-1412
Todd Meyer Prosecutor's Office tmeyer@co.boone.in.us 76
Heather Barton County Council hbarton@co.boone.in.us 765
Inmates have a right to a diet that sustains them in good health and satisfies the dietary needs of their religion. McElyea v. Babbitt, 833 F.2d 196, 198 (9th Cir.1987); see also 28 CFR Sec. 548.13 (prison should comply with religious dietary laws to the extent practicable within the constraints of budget limitations and the security and orderly running of the institution and the BOP)
Wednesday, July 08, 2009
It's been a while since i've made any to do lists.
In june i was busy doing a study in west virginia, $4 from that will catch up my credit card. I also wrote a brief and did other stuff in a west virginia case about an anonymous newsletter.
I'm back home and need to focus.
This is a thinking out loud post. I want to prioritize a top ten list, focused mostly on money issues.
Special assessment $10. Find out what it is, how to deal with it.
Winthrop lot. $3 K?
Habitat situation. $7K/$400
2000 taxes - $3K penalties, $1 revised form.
Midas muffler $250
227 taxes, around $1000.
pay texas taxes.
get studies
covance situation.
- 10 questions for the irb.
- mail cetified letter to dr
- find out how to file complaint against dr stewart
- contact sponsor
- contact FDA
- get copy of medical records.
- contact new jersey people at covance.
find out about vacant lots. any sellable?
sue re search of cadilac.
continue voter ID case.
CLEs
martin schaffer.
other stuff:
erato
CCA
city council stuff
caudill problem
go thru old lists, see what's still active
pay utilities.
personal life- make phone calls, set up some dates.
car: taillight.
plant flowers weed garden.
make better list.
tomorrow:
bath, laundry, post office box.
$30 to peta
abbott appointment
see if any studies to call about anywhere
- east coast places. pfizer, new jersey, delaware one astrazeneca, philly one,
quintiles, texas
In june i was busy doing a study in west virginia, $4 from that will catch up my credit card. I also wrote a brief and did other stuff in a west virginia case about an anonymous newsletter.
I'm back home and need to focus.
This is a thinking out loud post. I want to prioritize a top ten list, focused mostly on money issues.
Special assessment $10. Find out what it is, how to deal with it.
Winthrop lot. $3 K?
Habitat situation. $7K/$400
2000 taxes - $3K penalties, $1 revised form.
Midas muffler $250
227 taxes, around $1000.
pay texas taxes.
get studies
covance situation.
- 10 questions for the irb.
- mail cetified letter to dr
- find out how to file complaint against dr stewart
- contact sponsor
- contact FDA
- get copy of medical records.
- contact new jersey people at covance.
find out about vacant lots. any sellable?
sue re search of cadilac.
continue voter ID case.
CLEs
martin schaffer.
other stuff:
erato
CCA
city council stuff
caudill problem
go thru old lists, see what's still active
pay utilities.
personal life- make phone calls, set up some dates.
car: taillight.
plant flowers weed garden.
make better list.
tomorrow:
bath, laundry, post office box.
$30 to peta
abbott appointment
see if any studies to call about anywhere
- east coast places. pfizer, new jersey, delaware one astrazeneca, philly one,
quintiles, texas
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