No Immunity For Parole Officer Sending Offender To Religious 12-Step Program

In Inouye v. Kemna, (9th Cir., Sept. 7, 2007), the U.S. 9th Circuit Court of Appeals reversed the decision of a Hawaii federal district court and denied qualified immunity to a parole officer being sued for Establishment Clause violations. The Court of Appeals held that by 2001 it was clearly established that coerced placement of a convicted defendant in a religious-based drug or alcohol treatment program was unconstitutional. Today’s San Francisco Chronicle reported on the case that was brougth by a Buddhist who was required to attend the Salvation Army's treatment program, including Narcotics Anonymous. [Thanks to Robert H. Thomas for the lead.]