Friday, October 28, 2005

Inmate's Challenge To AA/NA Not Ripe

In United States v. Robinson, 2005 U.S. Dist. LEXIS 24986 (D.Kan., Oct. 25, 2005), a Kansas federal district court dismissed a prisoner's suit claiming that sentencing him to participate in drug/alcohol counseling that may include a twelve-step or an AA/NA program violates the Establishment Clause. He claims AA/NA programs are based on the religious concept of a "higher power". The court found that his claim was not ripe for adjudication since the prisoner has 19 months before his release and this requirement takes effect. At that time he may have non-religious alternatives.