No. 21-1027

Green Haven Preparative Meeting, et al. v. New York State Department of Corrections and Community Supervision, et al.

Lower Court: Second Circuit
Docketed: 2022-01-20
Status: Denied
Type: Paid
Amici (1)
Tags: civil-rights first-amendment free-exercise institutional-rights prison-ministry religious-organization standing substantial-burden
Key Terms:
AdministrativeLaw SocialSecurity FirstAmendment DueProcess Immigration JusticiabilityDoctri
Latest Conference: 2022-04-29
Question Presented (AI Summary)

Does the standing of a religious organization to protect the fundamental practices of its faith from being abridged by the state cease at the prison walls?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the standing of a religious organization to protect the fundamental practices of its faith from being abridged by the state cease at the prison walls? 2. What is the proper standard for adjudicating the First Amendment “free exercise” of religion rights of religious organizations, ministers and other nonincarcerated religionists in the prison setting where the religion has practiced an active prison ministry since before the founding of the nation and has conducted religious services in the affected prison for over 40 years without incident? 3. Does the requirement that state action cause a “substantial burden” to the claimant’s religious practice empower a court to determine that the connection between the action and the burden is too attenuated to constitute a “constitutional substantial burden”? 4. As a matter of statutory construction, does a long-established prison church, which is subject to the jurisdiction and oversight of supervisory organizations in the faith (1) constitute “a person residing in or confined to an institution” as that phrase is used in Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc-1(a), and (2) constitute a “prisoner” for purposes of the Prison Litigation Reform Act, 42 USC § 1997e?

Docket Entries

2022-05-02
Petition DENIED.
2022-04-13
DISTRIBUTED for Conference of 4/29/2022.
2022-04-06
Reply of petitioners Green Haven Preparative Meeting, et al. filed.
2022-03-24
Brief of respondents New York State Department of Corrections and Community Supervision, et al. in opposition filed.
2022-02-22
Brief amici curiae of National Council of Churches of Christ in the USA, et al., filed.
2022-02-09
Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2022.
2022-02-08
Motion to extend the time to file a response from February 22, 2022 to March 24, 2022, submitted to The Clerk.
2022-01-18
Petition for a writ of certiorari filed. (Response due February 22, 2022)

Attorneys

Green Haven Preparative Meeting, et al.
Frederick R. DettmerLaw Office of Frederick R. Dettmer, Petitioner
Frederick R. DettmerLaw Office of Frederick R. Dettmer, Petitioner
National Council of Churches of Christ in the USA, et al.
Stephen C. LeckarKalbain Hagerty LLP, Amicus
Stephen C. LeckarKalbain Hagerty LLP, Amicus
New York State Department of Corrections and Community Supervision, et al.
Barbara Dale UnderwoodSolicitor General, Respondent
Barbara Dale UnderwoodSolicitor General, Respondent