Free Exercise Claim of Native American Prisoners Rejected

On May 4, 2005, a federal district court in North Dakota rejected claims by Native American penitentiary inmates that their rights to free exercise of religion were being denied. In Brown v. Schuetzle, 2005 U.S. Dist. LEXIS 8229, the court rejected both First Amendment and RLUIPA claims over conduct of religious ceremonies at the "sweat lodge" made available for inmates. The dispute involved qualifications of those who conduct the ceremonies and whether ceremonies would be open to non-Native Americans.