Filed Date: May 27, 1977
Closed Date: 1978
Clearinghouse coding complete
In 1977, a Native American incarcerated in the Oklahoma State Penitentiary ("OSP") filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Oklahoma, against the Warden of OSP. The plaintiff alleged that practices and procedures at OSP denied his right to practice his Native American culture and religion, in violation of his First and Fourteenth Amendment rights.
On August 4, 1978, the defendant and other officials issued a new section to the operations of the OSP. OP-090301 expanded inmate access to outside chaplains to include Native American spiritual leaders. Inmates were also permitted to receive and possess items incident to the practice of Native American religion for the newly allowed religious worship, so long as the items were not in violation of some other safety requirement at the OSP.
On November 14, 1978, recognizing the changes in OSP operations, the U.S. District Court for the Eastern District of Oklahoma (Judge Frederick Alvin Daugherty) dismissed the case with prejudice, and ordered each party to bear his own costs.
Summary Authors
Greg Venker (5/21/2006)
Daugherty, Frederick Alvin (Oklahoma)
Daugherty, Frederick Alvin (Oklahoma)
Last updated March 29, 2024, 3:12 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oklahoma
Case Type(s):
Key Dates
Filing Date: May 27, 1977
Closing Date: 1978
Case Ongoing: No
Plaintiffs
Plaintiff Description:
American Indian incarcerated in the Oklahoma State Penitentiary alleging he was denied his right to practice his Indian culture and religion, in violation of rights secured to him by the First and Fourteenth Amendments to the United States Constitution
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: Unknown
Class Action Outcome: Unknown
Defendants
Oklahoma State Penitentiary (McAlester), State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 1978 - 0
Issues
General:
Affected Sex or Gender:
Type of Facility: