Shakur v. Selsky.U.S. Appeals Court PUBLICATIONS ARTICLES RLUIPA RLUIPA Religious Land Use and Institutionalized Persons Act of 2000 -- Religious Land Use and Institutionalized Persons Act The Religious Land Use and Institutionalized Persons Act, Pub.L. 106-274, 42 U.S.C. 2000cc-1 et seq. (RLUIPA) is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as making it easier Shakur v. Selsky, 391 F.3d 106 (2nd Cir. 2004). A state prisoner brought claims under [section] 1983 against corrections officers and officials alleging various constitutional violations and violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA). The district court dismissed the prisoner's complaint with prejudice, and the prisoner appealed. The appeals court affirmed in part, vacated in part, and remanded. The court held that the prisoner stated a legally cognizable The adjective "cognizable" has two distinct (and unrelated) applications within the field of law. A cognizable claim or controversy is one that meets the basic criteria of viability for being tried or adjudicated before a particular tribunal. First Amendment claim by alleging that a prison regulation that banned all literature from outside organizations unless those organizations had been approved, did not authorize officers' confiscation confiscation In law, the act of seizing property without compensation and submitting it to the public treasury. Illegal items such as narcotics or firearms, or profits from the sale of illegal items, may be confiscated by the police. Additionally, government action (e.g. of his literature. The prisoner alleged that the materials were confiscated con·fis·cate tr.v. con·fis·cat·ed, con·fis·cat·ing, con·fis·cates 1. To seize (private property) for the public treasury. 2. To seize by or as if by authority. See Synonyms at appropriate. adj. because of the officers' personal prejudice, and that the officers failed to invoke a media committee's review of the material as required by procedures. The officers had confiscated 26 books and pamphlets of "New Afrikan political literature." (Great Meadows Correctional Facility, New York) |
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