5th Circuit Rules In Favor of Odinist Prisoner

The U.S. 5th Circuit Court of Appeals last week reversed a district court's grant of summary judgment and remanded the free exercise and RLUIPA claims of a Texas prisoner who practices the Odinist/Asatru faith. In Mayfield v. Texas Department of Criminal Justice, (5th Cir., May 30, 2008), the court first held that the 11th Amendment does not bar declaratory and injunctive relief against prison officials. The court then concluded that disputed issues of fact remain that could lead to plaintiff''s successful challenge of TDCJ's policy that prevents Odinists from assembling for religious services in the absence of an outside volunteer and its policy that prevents Odinists from personally possessing runestones and accessing rune literature .