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Merriweather v. Sherwood.

U.S. District Court

OPPORTUNITY TO PRACTICE

Merriweather v. Sherwood, 235 F.Supp.2d 339 (S.D.N.Y. 2002). Prison officials moved, under the Prison Litigation Reform Act (PLRA), to dissolve a prison conditions consent decree entered 24 years earlier. Prisoners moved to postpone the automatic stay of the consent decree's provisions. The district court held that it lacked the discretion to postpone the automatic stay once the stay came into effect 30 days after the motion to dissolve was filed. The court noted that even assuming it had the discretion to postpone the automatic stay, the prisoners failed to show that they were entitled to a postponement, where the record did not demonstrate widespread or ongoing constitutional violations of rights to religious freedom, medical care, or access to counsel. The court held that the decision to deny Jum'ah services on the day of the week on which a qualified Imam was not available from the outside community was supported by sound penological grounds, where efforts by unqualified inmates to lead the Jum'ah had in the past led to riots. (Orange County Correctional Facility, New York)
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Title Annotation:RELIGION
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U2NY
Date:May 1, 2003
Words:187
Previous Article:U.S. v. Carneglia.
Next Article:Nusbaum v. Terrangi.
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