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Legal Issues in Jails - 2013

NCJ Number
244870
Author(s)
William C. Collins, J.D.
Date Published
2013
Length
35 pages
Annotation
This report updates Federal court decisions as of 2013 that are pertinent to jail policies and procedures regarding employees and inmates.
Abstract
Court decisions related to jail staff and inmate religious practices determined that female Muslim employees and inmates could not wear head scarves, since this clothing could be used as a smuggling vehicle, to conceal identity, or as a choking weapon (EEOC v. Geo Group, 616 F3d 254 [3rd Cir 2010]). In another case regarding jail employee dress for religious reasons (Pentecostal religion requires women to wear skirts), the court held that the skirt was a significant safety risk for officers, giving an attacking inmate an advantage in being able to restrain the officer by pinning the skirt to the floor, and impeding the defensive moves of the officer (Finnie v. Lee County, 907 F. Supp. 2d 750 [ND MS, 2012]). Other cases involve the obligation of jails to provide a kosher diet for inmates adhering to strict Jewish law. Courts have held that jails must do this, but only after establishing that this is a sincerely held religious belief and not a manipulative demand. Issues in determining whether a religious belief is sincere are discussed. Other religious issues briefly addressed are Rastafarian dreadlocks for hair styling and tobacco use by Lakota Sioux in South Dakota prisons. Another issue discussed pertains to inmate health care. "Psychogenic polydipsia," which is rare, but associated with schizophrenia and may cause death, is briefly discussed. It can be recognized by its symptom of excessive thirst and consumption of water. Also discussed are court decisions that have held inmates cannot bring lawsuits for violations under the Federal Prison Rape Elimination Act (PREA).