Prison System Denied Stay In Tobacco Dispute With Native American Inmates

Prison System Denied Stay In Tobacco Dispute With Native American Inmates

RAPID CITY, S.D. - A South Dakota federal judge on July 29 denied a stay pending appeal to the South Dakota Department of Corrections (DOC) and awarded $70,972 in attorney fees to Native American inmates who had prevailed over the department's ban on tobacco as violative of the right to practice their religion under the Religious Land Use and Institutionalized Persons Act (RLUIPA) (Native American Council of Tribes, et al. v. Douglas Weber, et al., No. 4:09-cv-04182-KES, D. S.D., Southern Div.; 2013 U.S. Dist. LEXIS 105712).

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