U.S. District Court: FORCED EXPOSURE.Alexander v. Schenk, 118 F.Supp.2d 298 (N.D.N.Y. 2000). An inmate brought a [sections] 1983 action alleging that his First and Thirteenth Amendment rights were violated because he was compelled to participate in an alcohol and substance abuse program that had religious components. The district court found that the inmate was coerced into participating, in violation of the Establishment Clause. The court noted that the inmate objected to attending program meetings during his initial interview, constantly complained about his enrollment in the program, refused to sign the enrollment contract, raised issues of the programs religious aspects with prison officials, and was ordered to return to the group sessions despite officials' knowledge that he objected to them on religious grounds. The court denied qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. for the officials. The court awarded nominal damages Minimal money damages awarded to an individual in an action where the person has not suffered any substantial injury or loss for which he or she must be compensated. of $1. The court held that requiring the inmate to work without compensation while incarcerated incarcerated /in·car·cer·at·ed/ (in-kahr´ser-at?ed) imprisoned; constricted; subjected to incarceration. in·car·cer·at·ed adj. Confined or trapped, as a hernia. did not violate the Thirteenth Amendment, whic h expressly did not prohibit involuntary servitude Slavery; the condition of an individual who works for another individual against his or her will as a result of force, coercion, or imprisonment, regardless of whether the individual is paid for the labor. imposed as a legal punishment for a crime. (Cayuga Correctional Facility, New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of ) |
|
||||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion