United States Eighth Circuit

In an Establishment Clause challenge brought against nonprofit operators of a residential inmate program and employees of Iowa's Department of Corrections (DOC), arising from contracts between the DOC and the operators to run the religiously-oriented program, declaratory judgment and equitable relief entered in favor of plaintiffs is affirmed in part and reversed in part where: 1) some plaintiffs had standing; 2) the matter was not moot; 3) non-profit defendants were appropriate parties under 42 U.S.C. section 1983; 4) although the government did not act with the purpose of advancing or inhibiting religion, direct aid to defendant, as well as a per diem per diem payment structure, both violated the Establishment Clause; 5) the Turner standard did not apply; 6) the district court abused its discretion in granting recoupment from non-profits for services rendered before its order; and 7) the injunction was not overbroad.

Appellate Information

• Decided 12/03/2007
• Published 12/03/2007

Judges

• BENTON, Circuit Judge., Before O'CONNOR, Associate Justice (Ret.),WOLLMAN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gordon E. Allen, argued, H. Loraine Wallace, Iowa Dept. of Justice, Des Moines, IA, for appellants Terry Mapes, et al., Anthony R. Picarello, Jr., argued, Kevin J. Hasson, Eric C. Rassbach, Derek L. Gaubatz, Lori E. Halstead, the Becket Fund for Religious Liberty, Washington, DC;  Anthony F. Troy, Ashley L. Taylor, Robert A. Angle, Megan C. Rahman, Michael E. Lacy, Troutman Sanders LLP, Richmond, VA, for appellants Prison Fellowship Ministries, et al.


• For Appellees:
  
• Alexander J. Luchenitser, argued, Ayesha N. Khan, Richard B. Katskee, Heather L. Weaver, Americans United for Separation of Church and State, Washington, DC;  Dean A. Stowers, Rosenberg Stowers & Morse, Des Moines, IA, for appellees Americans United for Separation of Church and State, et al.