· 8/14/1970
Ball v. Cohen
Citations
- 128 Vt. 577
- 269 A.2d 27
- 1970 Vt. LEXIS 277
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the same substantial burden standard applies to the Free Exercise Clause and RLUIPA
- holding male prisoner was entitled to injunctive relief on RLUIPA claim premised on transgender male officer observing strip search of the prisoner
- stating “[c]ourts have long recognized that sex is a trait relevant to inmate privacy” and citing cases explaining it is a greater invasion of privacy to have one’s naked body viewed by a member of the opposite sex in case addressing cross-sex strip searches in prison
- \A plaintiff raising a RLUIPA claim bears the initial burden to make a prima facie case that a prison practice substantially burdens his sincere religious exercise.\
- \A plaintiff raising a RLUIPA claim bears the initial burden to make a prima facie case that a prison practice substantially burdens his sincere religious exercise.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Barney, Holden, Keyser, Shangraw, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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