RLUIPA Held To Authorize Some Damage Claims Against Prison Officers

Last week, an Illinois federal district court decided the question of what kinds of damages are available to prisoners suing prison officials under the Religious Land Use and Institutionalized Persons Act. In Agrawal v. Briley, 2006 U.S. Dist. LEXIS 88697 (ND IL, Dec. 6, 2006), the court held that RLUIPA authorizes claims for monetary damages against state officials in their individual capacities. Nominal and punitive damages are available, but claims for compensatory damages are barred by the Prison Litigation Reform Act when the prisoner alleges only mental or emotional injury, unaccompanied by physical injury.