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| Helena judge dismisses some parts of inmates' sweat lodge case |
| By billingsgazette.com - EVE BYRON |
| Published: 03/05/2012 |
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HELENA -- Five Montana Department of Corrections inmates who claimed substantial burdens were placed upon them while trying to participate in religious sweat lodge ceremonies can continue with part of their lawsuit, but a federal court judge in Helena dismissed other aspects of the case. U.S. District Court Senior Judge Charles Lovell said the Native American plaintiffs -- John Knows His Gun, Darryl Lewis Frost, Jason Chiefstick, William Gopher and Allen Potter -- have sufficient facts to pursue claims regarding strip searches, the prohibition of essential sacred items and an alleged retaliatory act. However, they failed to show how the prison substantially burdened their religious exercise, so they can't seek monetary damages from the state and a private corrections company under the Religious Land Use and Institutionalized Persons Act of 2000. The ruling came after attorneys for the Montana Department of Corrections and Crossroads Correctional Center in Shelby asked Lovell to dismiss the case. After listening to the parties at a motions hearing on Feb. 23, Lovell handed down his ruling late last week. "Plaintiffs have alleged sufficient facts to pursue their claims regarding the strip searches, the alleged prohibition of essential sacred items, and one alleged retaliatory act," Lovell wrote. "Otherwise, the court agrees with defendants that the complaint fails to state a prima facie claim the prison's acts or omissions substantially burdened plaintiffs' religious exercise." In 2008 and 2009, the five men were incarcerated at the Crossroads Correctional Center, which is a private prison facility operated by Corrections Corporation of America. Crossroads is licensed by the Montana Department of Corrections. The men claim that in 2008, before and after sweat lodge ceremonies, the participants were subjected to "en masse" strip searches. On some occasions, the strip searches were done in a gymnasium with video cameras that at least one female guard monitored. "Plaintiffs claim the experience was ‘extremely degrading and dehumanizing' and caused the number of inmates attending sweat lodge ceremonies to decline," Lovell wrote. "Thus, plaintiffs have adequately alleged that the strip searches forced them to choose between abandoning their religious exercise or being subjected to an ‘extremely degrading and dehumanizing' experience." Read More. |
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