“It should not have taken a lawsuit to reach this outcome,” said Carter Matt, a staff attorney with the ACLU of Nebraska. “The government clearly overstepped by barring dozens of people form participating in traditional religious practices. Officials did not relent when our clients advocated for themselves through the grievance process.”
Nebraska prison officials have agreed to rescind a ban that prevented certain indigenous faith practices from being performed in state prisons.
According to Nebraska Public Media, officials from the Nebraska State Penitentiary agreed to reverse the policy several hours before the case was expected to be heard in court.
The lawsuit was originally filed on behalf of two Native American men, both of whom are incarcerated at the Nebraska State Penitentiary. They are represented by the state chapter of the American Civil Liberties Union and the Big Fire Law & Policy Group. In court filings, attorneys said the men were unconstitutionally prevented from practicing their religion due to a ban on using outdoor spaces for religious reasons.
“It should not have taken a lawsuit to reach this outcome,” said Carter Matt, a staff attorney with the ACLU of Nebraska. “The government clearly overstepped by barring dozens of people form participating in traditional religious practices. Officials did not relent when our clients advocated for themselves through the grievance process.”
“Thankfully, Indigenous people at the penitentiary have been told that they can once again practice their faith in accordance with their beliefs. We are going to be vigilant and ensure that is the case. We also intend to see this lawsuit through to its end. Our work is not done until we have a court order protecting our clients’ religious freedom and preventing this from happening again,” Matt said.
Nebraska Public Media identifies the plaintiffs in the lawsuit as Joshua Lewis, of Cherokee and Tarasa descent, and Tremayne Scott, a member of the Rosebud Sioux. The ACLU estimates that, other than their two clients, the penitentiary’s policy impacted about 60 prisoners.
The lawsuit recounts how, in February, prison officials notified inmates that they could no longer access an outdoor space used for Native American religious practices, including smudging and sweat lodge ceremonies. The ban was put into effect for 60 days after contraband was discovered in a box used to store supplies used during indigenous religious rites.
Neither of the plaintiffs were suspected of placing the contraband in the box, yet they—along with all other members of the Native American Faith Group at the prison—were also prohibited from utilizing the outdoor space. Members of other faith groups that use the same space did not have their access revoked or otherwise significantly altered.
The scheduled court hearing was canceled after the American Civil Liberties Union was notified that the prison had cancelled the policy.
“Security measures have been added to allow reinstatement of religious land use,” the prison’s warden wrote in a measure shared by the ACLU. “Effective today, NSP will resume the Native American religious land schedule in effect prior to the suspension period.”
Although the ban has been removed, the plaintiffs are seeking a more permanent solution, including a court order restraining the penitentiary from enacting similar prohibitions in the future. The lawsuit remains pending in federal court.
Join the conversation!