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Religious Expression And The Penal Institution: The Role Of Damages In Rluipa Enforcement, Joseph E. Bredehoft

Missouri Law Review

This Summary focuses on RLUIPA's institutionalized persons provision and whether, under its remedial provision, an inmate plaintiff can receive compensatory damages. First, this Summary looks at key decisions dealing with the availability of compensatory damages in individual and official capacity claims under RLUIPA. The second component of the Summary analyzes a recent Eighth Circuit decision on the issue of damages as it relates to RLUIPA. This Summary then evaluates the case law on this issue, discussing the policy reasons for and against allowing compensatory damages. Lastly, the discussion concludes that the Eighth Circuit should prohibit institutionalized persons from obtaining compensatory …