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7 Pennsylvania opinions name it 2 courts 2004–2023 2 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Meggett v. Pennsylvania Dept. of Correctionsgreen2 sentences2021Meggett v. Pa. Dep't of Corr., 892 A.2d 872, 879 (Pa.Cmwlth. 2006). 2019Meggett v. Pa. Dep’t of Corr., 892 A.2d 872, 880 (Pa. Cmwlth. 2006). | 2 | 2 |
Frank Africa v. The Commonwealth of Pennsylvania Leroy S. Zimmerman (Attorney General) Bureau of Corrections Ronald Marks (Commissioner of b.o.c.)green2 sentences2017“In a free exercise of religion claim, the threshold requirements for religious beliefs to be accorded [F]irst [A]mendment protection are that the beliefs avowed be[:] 1) sincerely held[;] and[,] 2) religious in nature ….” Meggett v. Dep’t of Corr., 856 A.2d 277, 279-80 (Pa. Cmwlth. 2004) (citing Africa v. Pennsylvania, 662 F.2d 1025 (3d Cir.1981), cert. denied, 456 U.S. 908 (1982)). 2017Acknowledging this difficulty, the Third Circuit drew on U.S. Supreme Court precedent[ ] to hold that the threshold requirements of a free exercise of religion claim are that the beliefs be (1) sincerely held and (2) religious in nature, in the inmate’s “scheme of things.” Africa v. Commonwealth of Pennsylvania, 662 F.2d 1025 , 1030 3 Official oppression is defined by Section 5301 of the Crimes Code, 18 Pa. C.S. § 5301, as follows: A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, | 1 | 4 |
Kaur, K. v. Singh, M.green1 sentence2023See Kaur v. Singh, 259 A.3d 505, 509 (Pa. Super. 2021) (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Africa v. Pennsylvania
green
2 sentences2017“In a free exercise of religion claim, the threshold requirements for religious beliefs to be accorded [F]irst [A]mendment protection are that the beliefs avowed be[:] 1) sincerely held[;] and[,] 2) religious in nature ….” Meggett v. Dep’t of Corr., 856 A.2d 277, 279-80 (Pa. Cmwlth. 2004) (citing Africa v. Pennsylvania, 662 F.2d 1025 (3d Cir.1981), cert. denied, 456 U.S. 908 (1982)). 2004Africa v. Pennsylvania, 662 F.2d 1025 (3d Cir. 1981), cert. denied, 456 U.S. 908 , 102 S.Ct. 1756 , 72 L.Ed.2d 165 (1982). | 2 | 2004–2017 |
Bussinger v. Department of Corrections
green
1 sentence2019Bussinger, 29 A.3d at 87 . 11 Although Thomas does not specify the clause under the First Amendment that DOC’s prayer oil policy violates, a fair reading of the pleadings indicates that Thomas’s claim is a free exercise of religion claim. | 1 | 2019–2019 |
Meggett v. Pennsylvania Department of Corrections
green
1 sentence2017“In a free exercise of religion claim, the threshold requirements for religious beliefs to be accorded [F]irst [A]mendment protection are that the beliefs avowed be[:] 1) sincerely held[;] and[,] 2) religious in nature ….” Meggett v. Dep’t of Corr., 856 A.2d 277, 279-80 (Pa. Cmwlth. 2004) (citing Africa v. Pennsylvania, 662 F.2d 1025 (3d Cir.1981), cert. denied, 456 U.S. 908 (1982)). | 1 | 2017–2017 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.