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SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards

Loaded on Feb. 15, 2021 by Douglas Ankney published in Criminal Legal News March, 2021, page 42
Filed under: Retaliation, Settlements, Religious Freedom Restoration Act. Location: New York.

by Douglas Ankney

A unanimous Supreme Court of the United States (“SCOTUS”) held that the express remedies provision of the Religious Freedom Restoration Act of 1993, 42 U.S.C. 2000bb et seq. (“RFRA”), permits litigants, when appropriate, to obtain money damages from federal officials sued in their individual capacities.

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  1. Qualified Immunity - A Legal, Practical, and Moral Failure, by Jay Schweikert
  2. Ninth Circuit Reverses Dismissal of Suit Challenging Idaho’s Sex Offender Registration Law, by Douglas Ankney
  3. Column: Raising Successful Federal Habeas Corpus Claims, by Dale Chappell
  4. Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points, by Anthony Accurso
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  6. Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government, by Matthew Clarke
  7. California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History, by Douglas Ankney
  8. Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief, by Dale Chappell
  9. Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant, by Douglas Ankney
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  11. North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire, by Douglas Ankney
  12. Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause, by Douglas Ankney
  13. Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment, by Douglas Ankney
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  15. Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial, by Anthony Accurso
  16. Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force, by Anthony Accurso
  17. Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments, by Douglas Ankney
  18. Voters Speak: Dump Tough-On-Crime Prosecutors, Boost Police Oversight, by Dale Chappell
  19. Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations, by Douglas Ankney
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  22. ACLU Spotlights FBI’s Encryption-Breaking Tool in Freedom of Information Suit, by Derek Gilna
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  24. Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines, by Dale Chappell
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  26. San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab, by Derek Gilna
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  28. SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards, by Douglas Ankney
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