By Lori Pilger
Lincoln Journal Star, Neb.
LINCOLN, Neb. — Prison officials have lifted a ban at the Nebraska State Penitentiary on access to grounds used for certain Indigenous faith practices, following a federal lawsuit’s filing earlier this week.
A hearing had been set Thursday on a motion for a temporary restraining order in the federal civil rights lawsuit filed by Big Fire Law & Policy Group and the American Civil Liberties Union of Nebraska on behalf of two men serving time at the prison.
Shortly before it was to take place, attorney Carter Matt of the ACLU of Nebraska said he learned that the 60-day ban at the Nebraska State Penitentiary had been lifted voluntarily.
Earlier that morning, Nebraska State Penitentiary Warden Barb Lewien issued a facility-wide memo saying that she had reviewed the suspension.
“Effective today, NSP will resume the Native American religious land schedule in effect prior to the suspension period,” she said.
Lewien said security measures had been added to allow for the reinstatement.
State prison officials issued the ban on access to a religious space within the prison yard, the only place at the facility where prison officials allow certain Native religious practices, on Feb. 26.
In a lawsuit filed Tuesday in U.S. District Court of Nebraska, Joshua Lewis and Tremayne Scott’s attorneys — with Big Fire Law & Policy Group and the American Civil Liberties Union of Nebraska — said the ban prevented them from practices that are central to their faith, including smudging, smoking red willow bark and participating in sweat ceremonies.
They alleged it violated their clients’ constitutional rights as well as federal and state laws by denying their freedom to practice their sincerely held religious beliefs.
It affected roughly 60 other men at the State Penitentiary who participate in traditional Indigenous religious practices.
According to the lawsuit, it was meant as punishment for contraband found in a box that contained materials for Native religious practices.
Neither Lewis nor Scott had been accused of being involved in it.
In a news release Thursday, Scott, a member of the Rosebud Sioux Tribe , said he wanted everyone to know that “no matter where you are, incarcerated or in the community, whatever you are dealing with, when it comes to your faith, way of life, traditions and culture, stand up for what is right and fight the good fight. Don’t give up on it.”
Scott said he could not have done this by himself.
“I’m just one voice. So long as you have good people around you, anything can happen. The outcome will be sacred,” he said.
Danelle Smith of Big Fire Law & Policy Group said the decision to lift the suspension was a welcome outcome.
“But it is only part of a broader effort to ensure this facility respects Native religious practices and does not impose blanket suspensions on entire groups,” she said.
Matt said it should not have taken a lawsuit to reach this outcome.
“The government clearly overstepped by barring dozens of people from participating in traditional religious practices. Officials did not relent when our clients advocated for themselves through the grievance process,” he said.
Matt said, thankfully, Indigenous people at the penitentiary can once again practice their faith in accordance with their beliefs. He said they intend to see the lawsuit through to its end.
“Our work is not done until we have a court order protecting our clients’ religious freedom and preventing this from happening again.”
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