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Federal court grants Ark. inmate access to prayer feather

By The Associated Press
01.31.06

FAYETTEVILLE, Ark. — A man who was held for 18 months in the Benton County Jail has prevailed in a lawsuit he filed to force jailers to give him access to a prayer feather.

Jailers objected to the feather on security grounds, but a federal judge has ruled that Billy Joe Wolfe Jr. of Jay, Okla., demonstrated that the feather was necessary for him to practice his religion.

U.S. District Judge Jimm Larry Hendren accepted most of a magistrates’ report that said denying use of the feather was not reasonably related to the goal of jail security. The report noted that inmates had toothbrushes and other items that could be used as weapons.

Wolfe, a member of the Cherokee tribe, pleaded guilty in July to capital murder and kidnapping for the slaying of Chetlee Janes in 2003 in Maysville. He is now serving a sentence of life without parole in the state prison system.

Hendren turned away a magistrate’s assertion that plaintiffs Sheriff Keith Ferguson and jail administrator Hunter Petray should pay a token $1 damage award. The judge said Ferguson and Petray have qualified immunity. Ferguson and Petray argued that even if they did violate Wolfe’s right to religious freedom their immunity was established at the time.

Hendren agreed with the defendants that there had been little guidance for courts and judges on the issue. He said there was no evidence in this case that “a reasonable officer” in Benton County would know about Wolfe’s particular religious beliefs or the related ritual objects.

In a friend-of-the-court brief filed in the case, the American Indian Heritage Support Center urged that Wolfe be given the feather.

“It is tantamount to suggesting that the Christian cross or rosary could be used as a weapon or for sexual gratification, which we submit would be insulting to most Christians. Hypothetical situations should not be conjured up and passed as fact,” the group argued.

Attorney Mike Rainwater for the Association of Arkansas Counties says the organization has researched the issue of who is entitled to a prayer feather and under what circumstances. The group will be ready to advise jailers should a department need guidance in the future.


Previous
Decision allowing prayer feather sticks in craw of Ark. jailers
County officials say they denied Cherokee inmate's request because they believe feather could be used either as weapon or for sexual gratification. 10.29.05

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