Government Summary Judgment Motion Denied in Challenge to S. Dakota Prison Ban on Tobacco

Here is the opinion in Native American Council of Tribes v. Weber (D. S.D.):

NA Council of Tribes v Weber

Summary judgment is denied on plaintiffs’ RLUIPA claim because genuine issues of material fact exist on whether defendants’ October 2009 policy substantially burdens plaintiffs’ religious exercise. Summary judgment is also denied on plaintiffs’ First and Fourteenth Amendment claims because defendants offer no argument as to why summary judgment is appropriate on those claims. Summary judgment is granted on the AIRFA claim because AIRFA does not create an independent cause of action. Summary judgment is also granted on plaintiffs’ international law claims because the customary law claim is vague, the genocide claim lacks a factual basis, and the United Nations Charter claim does not create an individual cause of action.

This entry was posted in Author: Matthew L.M. Fletcher, cultural resources, Research and tagged , , , , , , , . Bookmark the permalink.

4 Responses to Government Summary Judgment Motion Denied in Challenge to S. Dakota Prison Ban on Tobacco

  1. Pingback: DOJ Joins Plaintiffs in Challenge to South Dakota Ban on Indian Prisoner Use of Tobacco | Turtle Talk

  2. Pingback: South Dakota American Indian Prisoners Prove State Ban on Tobacco Violates Religious Freedom Rights | Turtle Talk

  3. Pingback: Update in South Dakota Prisoner Litigation– No Stay on Appeal and Attorney Fees Award | Turtle Talk

  4. Pingback: Eighth Circuit Affirms Injunction against South Dakota Ban on Native Prisoner Tobacco Use | Turtle Talk

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