ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Religion & Law

: Religion Clause

Court Dismisses Free Exercise Challenge To Civil Commitment After Marijuana Charge

By Howard M. Friedman

ADVERTISEMENTS
In Simmons v. Seal, 2008 U.S. Dist. LEXIS 38355 (ND CA, April 24, 2008), plaintiff brought a federal civil rights action challenging his commitment to Napa State Hospital after he was arrested for marijuana possession and found incompetent to stand trial. Plaintiff alleged that his commitment violated his free exercise of religion because he is a member of the ministry of Cannabis and Rastafari Inc. and uses marijuana for religious purposes. Subsequently plaintiff was released on his own recognizance. The court dismissed plaintiff's claim without prejudice, holding that before he can bring a claim for damages under 42 USC Sec. 1983, he must first exhaust all available state court remedies and then seek habeas corpus relief in federal court. Only if he is successful in a challenge to his confinement in one of these proceedings may he proceed with his damage claim.

Full post as published by Religion Clause on May 14, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause

Selection of State Supreme Court Judges
How State Court Judges are Selected

Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations

Parody is a Protected Form of Speech
Targets of criticism seek to shut down Internet sites that poke fun

The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law

California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid

Lawsuits and Settlements

Free Speech
Canterbury agrees to pay $60,000 settlement in civil rights lawsuit.

ValueClick
allegedly violated consumer protection laws by promising ‘free’ goods that where not actually free.

NCAA and Ticketmaster
alleging they have a monopoly on college sports events and charge non-refundable fees to enter a lottery for the rights to purchase tickets to the sporting events.

Civil / Human Rights
alleging violations of basic human and civil rights.

Ebay Fined
French Court Sets Fine at $61 Million

Personal Injury
Appeals Court Upholds Congressional Legislation

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0146 secs (new cache)