Native American Prisoner Wins Nominal Damages

Today the Arkansas Democrat Gazette reported on a recommended decision by a federal district court magistrate in Fayetteville. She concluded that Benton County violated a former inmate’s rights under the First Amendment and RLUIPA when it banned his American Indian "prayer feather" from the county jail. The magistrate found that the denial substantially burdened Billy Joe Wolf, Jr.'s religious exercise. Wolf testified that he needed the feather to communicate with the "Great Spirit." Officials claimed that the feather could be used as a weapon, but Magistrate Beverly Stites Jones said that inmates are allowed to have pencils, toothbrushes and other items that are as potentially dangerous. The Magistrate recommended that the county pay Wolf nominal damages of $1.