Case: Raven v. Hess

6:77-00165 | U.S. District Court for the Eastern District of Oklahoma

Filed Date: May 27, 1977

Closed Date: 1978

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Case Summary

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 t…

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)

People


Judge(s)

Daugherty, Frederick Alvin (Oklahoma)

Judge(s)

Daugherty, Frederick Alvin (Oklahoma)

Documents in the Clearinghouse

Document

6:77-00165

Order on Dismissal

Nov. 14, 1978

Nov. 14, 1978

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:20 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Oklahoma

Case Type(s):

Prison Conditions

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):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Oklahoma State Penitentiary (McAlester, Oklahoma), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

None of the above

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 1978 - 0

Issues

General:

Religious programs / policies

Affected Gender:

Male

Type of Facility:

Government-run