SOTOMAYOR, J., DISSENTING
SOSSAMON V. TEXAS
563 U. S. ____ (2011)
SUPREME COURT OF THE UNITED STATES
NO. 08-1438
HARVEY LEROY SOSSAMON, III, PETITIONER
v.
TEXAS et al.
on writ of certiorari to the united states court of
appeals for the fifth circuit
[April 20, 2011]
Justice Sotomayor, with whom
Justice Breyer joins, dissenting.
The Court holds that the term
“appropriate relief” is too ambiguous to provide States with clear
notice that they will be liable for monetary damages under the
Religious Land Use and Institutionalized Persons Act of 2000
(RLUIPA), 114 Stat. 803, 42 U. S. C. §2000cc
et seq.
I dis-agree. No one disputes that, in accepting federal funds, the
States consent to suit for violations of RLUIPA’s substantive
provisions; the only question is what relief is available to
plaintiffs asserting injury from such violations. That monetary
damages are “appropriate relief” is, in my view, self-evident.
Under general remedies principles, the usual remedy for a violation
of a legal right is damages. Consistent with these principles, our
precedents make clear that the phrase “appropriate relief” includes
monetary relief. By adopting a contrary reading of the term, the
majority severely undermines the “broad protection of religious
exercise” Congress intended the statute to provide. §2000cc–3(g).
For these reasons, I respectfully dissent.
I
A
As the Court acknowledges, the
proposition that “States may waive their sovereign immunity” is an
“unremarkable” one.
Seminole Tribe of Fla. v.
Florida,
517
U. S. 44, 65 (1996); see also
Alden v.
Maine,
527 U. S. 706,
737 (1999) (“[W]e have not questioned the general proposition that
a State may waive its sovereign immunity and consent to suit”);
Atascadero State Hospital v.
Scanlon,
473 U. S. 234, 238
(1985) (noting the “well-established” prin-ciple that “if a State
waives its immunity and consents to suit in federal court, the
Eleventh Amendment does not bar the action”);
Petty v.
Tennessee-Missouri Bridge Comm’n,
359 U. S. 275, 276
(1959) (noting that a State may waive sovereign immunity “at its
pleasure”).
Neither the majority nor
respondents (hereinafter Texas) dispute that, pursuant to its power
under the Spending Clause, U. S. Const., Art. I, §8,
cl. 1, Congress may secure a State’s consent to suit as a
condition of the State’s receipt of federal funding.[
Footnote 1] See
College Savings
Bank v.
Florida Prepaid Postsecondary Ed. Expense
Bd.,
527 U. S.
666, 686 (1999) (“Congress may, in the exercise of its spending
power, condition its grant of funds to the States upon their taking
certain actions that Congress could not require them to take, and …
acceptance of the funds entails an agreement to the actions”);
Atascadero, 473 U. S., at 247 (suggesting that a federal
statute can “condition participation in the programs funded under
the [statute] on a State’s consent to waive its constitutional
immunity”). As with all waivers of sovereign immunity, the question
is whether the State has unequivocally consented to suit in federal
court. See
College Savings Bank, 527 U. S., at 680;
Atascadero, 473 U. S., at 238, n. 1.
Thus, in order to attach a waiver of sovereign
immunity to federal funds, Congress “must do so unambiguously,” so
as to “enable the States to exercise their choice knowingly.”
Pennhurst State School and Hospital v.
Halderman,
451 U. S. 1, 17
(1981). In other words, the State must have notice of the condition
it is accepting. See
Arlington Central School Dist. Bd. of
Ed. v.
Murphy,
548 U. S. 291, 298
(2006) (“[C]lear notice … is required under the Spending Clause”).
The reason for requiring notice is simple: “States cannot knowingly
accept conditions of which they are ‘unaware’ or which they are
‘unable to ascertain.’ ”
Id., at 296 (quoting
Pennhurst, 451 U. S., at 17). In assessing whether a
federal statute provides clear notice of the conditions attached,
“we must view the [statute] from the perspective of a state
official who is engaged in the process of deciding whether the
State should accept [federal] funds and the obligations that go
with those funds.”
Arlington Central, 548 U. S., at
296.
There is also no dispute that RLUIPA clearly
conditions a State’s receipt of federal funding on its consent to
suit for violations of the statute’s substantive provisions. The
statute states that “program[s] or activit[ies] that receiv[e]
Federal financial assistance” may not impose a “substantial burden
on the religious exercise of a person residing in or confined to an
institution.” §2000cc–1. When such a burden has been imposed, the
victim “may assert a violation of [RLUIPA] as a claim … in a
judicial proceeding and obtain appropriate relief against a
government,” §2000cc–2(a), which the statute defines, as relevant,
as “a State, county, municipality, or other governmental entity
created under the authority of a State,” §2000cc–5(4)(A)(i).
Accordingly, it is evident that Texas had notice that, in accepting
federal funds, it waived its sovereign immunity to suit by
institutionalized persons upon whom it has imposed an unlawful
substantial burden. See
Madison v.
Virginia, 474
F. 3d 118, 130 (CA4 2006) (“On its face, RLUIPA … creates a
private cause of action against the State, and Virginia cannot be
heard to claim that it was unaware of this condition” (citations
omitted));
Benning v.
Georgia, 391 F. 3d
1299, 1305 (CA11 2004) (“Congress unambiguously required states to
waive their sovereign immunity from suits filed by prisoners to
enforce RLUIPA”).
B
The Court holds that the phrase
“appropriate relief” does not provide state officials clear notice
that
monetary relief will be available against the States,
meaning that they could not have waived their immunity with respect
to that particular type of liability. This holding is contrary to
general remedies principles and our precedents.
RLUIPA straightforwardly provides
a private right of action to “obtain appropriate relief against a
government.” §2000cc–2(a). Under “our traditional approach to
deciding what remedies are available for violation of a federal
right,” damages are the default—and equitable relief the
exception—for “it is axiomatic that a court should determine the
adequacy of a remedy in law before resorting to equitable relief.”
Franklin v.
Gwinnett County Public Schools,
503 U. S. 60,
75–76 (1992); see also
Weinberger v.
Romero-Barcelo,
456 U. S. 305, 312
(1982) (“The Court has repeatedly held that the basis for
injunctive relief in the federal courts has always been … the
inadequacy of legal remedies”);
Bivens v.
Six Unknown
Fed. Narcotics Agents,
403 U. S. 388, 395
(1971) (“Historically, damages have been regarded as the ordinary
remedy for an invasion of personal interests in liberty”); cf.
Monsanto Co. v.
Geertson Seed Farms, 561 U. S.
___, ___ (2010) (slip op., at 24) (“An injunction is a drastic and
extraordinary remedy, which should not be granted as a matter of
course”). It is unsurprising, therefore, that on more than one
occasion Congress has felt it necessary to clarify in the text of a
statute that it meant the terms “relief” and “appropriate relief”
to
exclude damages. See 5 U. S. C. §702 (providing
that, under the Administrative Procedure Act, “relief other than
money damages” is available against a federal agency to remedy a
“legal wrong”); see also 42 U. S. C. §6395(e)(1) (providing a
cause of action for “appropriate relief,” but specifying that
“[n]othing in this subsection shall authorize any person to recover
damages”); 15 U. S. C. §797(b)(5) (similar).
If, despite the clarity of this background
principle, state officials reading RLUIPA were somehow still
uncertain as to whether the phrase “appropriate relief” encompasses
monetary damages, our precedents would relieve any doubt. In
Franklin we made clear that, “absent clear direction to
the contrary by Congress,” federal statutes providing a private
right of action authorize all “appropriate relief,” including
damages, against violators of its substantive terms. 503 U. S., at
70–71, 75–76. We reiterated this principle in
Barnes v.
Gorman,
536
U. S. 181, 185, 187 (2002), affirming that “the scope of
‘appropriate relief’ ” includes compensatory damages.[
Footnote 2] The holdings in these cases
are fully consistent with the general principle that monetary
relief is available for violations of the substantive conditions
Congress attaches, through Spending Clause legislation, to the
acceptance of federal funding. See
Davis v.
Monroe
County Bd. of Ed.,
526 U. S. 629, 640
(1999) (“[P]ursuant to Congress’ authority under the Spending
Clause … private damages actions are available”);
Gebser
v.
Lago Vista Independent School Dist.,
524 U. S. 274, 287
(1998) (noting that “[w]hen Congress attaches conditions to the
award of federal funds under its spending power … private actions
holding the recipient liable in monetary damages” are permissible).
It would be an odd derogation of the normal rules of statutory
construction for state officials reading RLUIPA to assume that
Congress drafted the statute in ignorance of these unambiguous
precedents. See
Merck & Co. v.
Reynolds, 559
U. S. ___, ___ (2010) (slip op., at 12) (“We normally assume that,
when Congress enacts statutes, it is aware of relevant judicial
precedent”).[
Footnote 3]
C
Accordingly, it is difficult to
understand the basis for the Court’s position that the phrase
“appropriate relief” in §2000cc–2(a) fails to provide state
officials with clear notice that waiving sovereign immunity to
monetary relief is a condition of accepting federal funds. In
arguing that “a waiver of sovereign immunity
to other types of
relief does not waive immunity to damages,”
ante, at
6 (emphasis added), the majority appears to accept that equitable
relief is available to RLUIPA plaintiffs. See
Madison, 474
F. 3d, at 131 (holding that a RLUIPA plaintiff’s “claims for
equitable relief are not barred by the Eleventh Amendment”); cf.
560 F. 3d 316, 331, 336 (CA5 2009) (reversing the District
Court’s grant of summary judgment to Texas on one of petitioner’s
RLUIPA claims for declaratory and injunctive relief). The
explanation for the majority’s implicit acceptance of suits for
injunctive and declaratory relief is obvious enough: It would be a
particularly curious reading of the statute to conclude that
Congress’ express provision of a private right of action to seek
“appropriate relief” against “a State” nonetheless left plaintiffs
suing for state violations of RLUIPA with
no available
relief.
It is not apparent, however, why
the phrase “appropriate relief” is too ambiguous to secure a waiver
of state sovereign immunity with respect to damages but is clear
enough as to injunctive and other forms of equitable relief. The
majority appears to believe that equitable relief is a “suitable”
or “proper” remedy for a state violation of RLUIPA’s substantive
provisions but monetary relief is not; therefore, a state official
reading the “open-ended and ambiguous” phrase “appropriate relief”
will be unaware that it includes damages but fully apprised that it
makes equitable relief available. See
ante, at 6–7. But
sovereign immunity is not simply a defense against certain classes
of remedies—it is a defense against being sued at all. See,
e.g.,
Federal Maritime Comm’n v.
South
Carolina Ports Authority,
535 U. S. 743, 766
(2002). As a result, there is no inherent reason why the phrase
“appropriate relief” would provide adequate notice as to equitable
remedies but not as to monetary ones. In fact, as discussed
earlier, in light of general remedies principles the presumption
arguably should be the reverse. See
supra, at 4–6.
The majority suggests that equitable relief is
the sole “appropriate relief” for statutory violations “where the
defendant is a sovereign.”
Ante, at 6–7. There can be
little doubt, however, that the “appropriateness” of relief to be
afforded a civil plaintiff is generally determined by the nature of
the injury to his legal rights. See
Franklin, 503 U. S.,
at 76 (concluding that monetary damages were “appropriate” because
equitable relief offered no redress for the injury suffered); see
also
Milliken v.
Bradley,
433 U. S. 267, 280
(1977) (“[T]he nature of the … remedy is to be determined by the
nature and scope of the … violation”);
Bell v.
Hood,
327
U. S. 678, 684 (1946) (“[W]here federally protected rights have
been invaded, it has been the rule from the beginning that courts
will be alert to adjust their remedies so as to grant the necessary
relief”). In support of its proposition the majority cites only to
a case in which we expressly
rejected the argument that
state sovereign immunity operates differently according to what
type of relief is sought. See
Federal Maritime, 535 U. S.,
at 765 (“[S]overeign immunity applies regardless of whether a
private plaintiff’s suit is for monetary damages or some other type
of relief”); cf.
id., at 769 (“[T]he primary function of
sovereign immunity is not to protect state treasuries, but to
afford the States the dignity and respect due sovereign entities”
(citation omitted)). Nor is the basis for the majority’s view
apparent from the other cases that it cites.[
Footnote 4]
The majority’s additional arguments in support
of its holding also fail to persuade. The majority contends that
the use of a “context-dependent” word like “appropriate”
necessarily renders the provision ambiguous.
Ante, at 7.
But the fact that the precise relief afforded by a court may vary
depending on the particular injury to be addressed in a given case
does not render §2000cc–2(a) ambiguous; it simply means that
Congress meant for that provision to be comprehensive. See
Pennsylvania Dept. of Corrections v.
Yeskey,
524 U. S. 206,
212 (1998) (“[T]he fact that a statute can be applied in situations
not expressly anti-cipated by Congress does not demonstrate
ambiguity. It demonstrates breadth” (internal quotation marks
omitted)); cf.
West v.
Gibson,
527 U. S. 212, 217–218 (1999) (holding
that the phrase “appropriate remedies” in 42 U. S. C.
§2000e–16(b) includes remedies not expressly enumerated).
Next, the majority repeats Texas’s
dictionary-based contention that in using the word “relief”
Congress meant to “connot[e] equitable relief.”
Ante, at
8. This proposition suffers from three flaws. First, it is not
established by the dictionary to which the majority cites. See
Black’s Law Dictionary 1293 (7th ed. 1999) (“relief: … Also termed
remedy”);
id., at 1296 (“remedy: … The means of
enforcing a right or preventing or redressing a wrong;
legal or
equitable relief” (emphasis added)). Second, it is
inconsistent with our precedent. See
Barnes, 536 U. S., at
185–187 (noting that “appropriate relief” includes monetary and
injunctive relief). Third, it is undermined by the fact that, on
numerous occasions, Congress has deemed it necessary to specify
that “relief”
includes injunctive and other equitable
relief. See 16 U. S. C. §973i(e) (authorizing the Attorney
General to “commence a civil action for appropriate relief,
including permanent or tempo- rary injunction”); see also 2 U.
S. C. §437g(a)(6)(A); 8 U. S. C. §1324a(f)(2); 12 U.
S. C. §1715z–4a(b); 15 U. S. C. §6309(a). If the term
“relief” already connotes equitable relief—and
only
equitable relief—additional explication is redundant.
Finally, the majority asserts that because the
parties to this case advance opposing “plausible arguments”
regarding the correct interpretation of RLUIPA’s text, we must
conclude that the statute is ambiguous.
Ante, at 8–9. This
view of how we adjudicate cases is incorrect as a descriptive
matter. See,
e.g.,
Carcieri v.
Salazar,
555 U. S. 379,
390 (2009) (reviewing the parties’ conflicting textual
interpretations of a statute but concluding that it was unambiguous
nonetheless). Moreover, I cannot agree with the majority that our
capacity to interpret authoritatively the text of a federal statute
is held hostage to the litigants’ strategic arguments. If this were
true, there would be few cases in which we would be able to decide
that a statute was unambiguous.
In sum, the majority’s conclusion that States
accepting federal funds have not consented to suit for monetary
relief cannot be reconciled with the fact that the availability of
such relief is evident in light of RLUIPA’s plain terms and the
principles animating our relevant precedents. In so holding, the
majority discovers ambiguity where none is to be found.
II
There is another reason to
question the soundness of today’s decision. The Court’s reading of
§2000cc–2(a) severely undermines Congress’ unmistakably stated
intent in passing the statute: to afford “broad protection of
religious exercise, to the maximum extent permitted by the terms of
[the statute] and the Constitution.” §2000cc–3(g). I find it
improbable that, in light of this express statutory purpose and the
history of “long-running congressional efforts to accord religious
exercise heightened protection from government-imposed burdens,”
Cutter v.
Wilkinson,
544 U. S. 709, 714
(2005), state officials would read RLUIPA’s relief provision in the
same limited manner the majority does.[
Footnote 5]
As the majority acknowledges,
RLUIPA was Congress’ second attempt to guarantee by statute the
“broad protection” of religious exercise that we found to be
unwarranted as a constitutional matter in
Employment Div.,
Dept. of Human Resources of Ore. v.
Smith,
494 U. S. 872 (1990). As
we have previously recognized, in passing RLUIPA Congress was
clearly concerned that state institutions regularly imposed
“frivolous or arbitrary barriers imped[ing] institutionalized
persons’ religious exercise.”
Cutter, 544 U. S., at 716
(internal quotation marks omitted); see also 146 Cong. Rec. 16698,
16699 (2000) (joint statement of Sen. Hatch and Sen. Kennedy on
RLUIPA) (“Whether from indifference, ignorance, bigotry, or lack of
resources, some institutions restrict religious liberty in
egregious and unnecessary ways”);
ibid. (“Institutional
residents’ rights to practice their faith is at the mercy of those
running the institution …”). It is difficult to believe that
Congress would have devoted such care and effort to establishing
significant statutory protections for religious exercise and
specifically extended those protections to persons in state
institutions, yet withheld from plaintiffs a crucial tool for
securing the rights the statute guarantees.
By depriving prisoners of a damages remedy for
violations of their statutory rights, the majority ensures that
plaintiffs suing state defendants under RLUIPA will be forced to
seek enforcement of those rights with one hand tied behind their
backs. Most obviously, the majority’s categorical denial of
monetary relief means that a plaintiff who prevails on the merits
of his claim that a State has substantially burdened his religious
exercise will often be denied redress for the injury he has
suffered, because in many instances “prospective relief accords …
no remedy at all.”
Franklin, 503 U. S., at 76; see
H. R. Rep. No. 102–40, pt. 2, p. 25 (1991) (Report of
Committee on the Judiciary on the Civil Rights Act of 1991) (“The
limitation of relief under Title VII to equitable remedies often
means that victims … may not recover for the very real effects of
the [statutory violation]”). Injunctive relief from a federal court
may address a violation going forward, but this fact will be of
cold comfort to the victims of serious, non-recurring violations
for which equitable relief may be inappropriate.
In addition, the unavailability of monetary
relief will effectively shield unlawful policies and practices from
judicial review in many cases. Under state law, discretion to
transfer prisoners “in a wide variety of circumstances is vested in
prison officials.”
Meachum v.
Fano,
427 U. S. 215, 227
(1976). A number of RLUIPA suits seeking injunctive relief have
been dismissed as moot because the plaintiff was transferred from
the institution where the alleged violation took place prior to
adjudication on the merits. See,
e.g.,
Colvin v.
Caruso, 605 F. 3d 282, 287, 289 (CA6 2010);
Simmons v.
Herrera, No. C 09–0318 JSW (PR), 2010
WL 1233815, *3 (ND Cal., Mar. 26, 2010); see generally Brief for
American Civil Liberties Union et al. as
Amici Curiae
8–11. Absent a damages remedy, longstanding RLUIPA challenges may
well be dismissed for lack of a case or controversy conferring
Article III jurisdiction on the federal court. Cf.
Moussazadeh v.
Texas Dept. of Crim. Justice, Civ.
Action No. G–07–574, 2009 WL 819497, *9 (SD Tex., Mar. 26, 2009)
(dismissing as moot plaintiff’s RLUIPA claim because he had been
transferred to a facility that provided kosher food), remanded, 364
Fed. Appx. 110 (CA5 2010); Opening Brief for Plaintiff-Appellant in
Moussazadeh v.
Texas Dept. of Crim. Justice, No.
09–40400 (CA5), p. 11 (noting that transfer to a special
facility took place 19 months after the plaintiff filed suit and
just before discovery—which had been stayed 12 months for
negotiation—was scheduled to recommence). Or, as happened in this
case, officials may change the policy while litigation is pending.
The fact of “voluntary cessation” may allow some of these claims to
go forward, but many will nonetheless be dismissed as moot (as
happened in this case).[
Footnote
6]
Of course, under the rule the majority
announces, Congress can revise RLUIPA to provide specifically for
monetary relief against the States, perhaps by inserting the phrase
“including monetary relief” into the text of §2000cc–2(a). But we
have never demanded that a waiver be presented in a particular
formulation to be effective; we only require that it be clear. See,
e.g.,
Edelman v.
Jordan,
415 U. S. 651, 673
(1974) (holding that waiver may be found in “express language” or
by “overwhelming implications from the text” (internal quotation
marks omitted)). In holding to the contrary, the majority erects a
formalistic barrier to the vindication of statutory rights
deliberately provided for by Congress.
More problematically, because there is no
apparent reason why the term “appropriate relief” is sufficiently
clear as to equitable relief but not as to monetary relief, we are
left with the very real possibility that, in order to secure a
waiver of immunity under the majority’s new rule, Congress must now
itemize in the statutory text every type of relief meant to be
available against sovereign defendants. I, for one, do not relish
the prospect of federal courts being presented with endless state
challenges to all manner of federal statutes, on the ground that
Congress failed to predict that a laundry list of terms must be
included to waive sovereign immunity to all forms of relief. I
would avoid the problems the majority’s decision invites and hold
instead that, as is the case here, when a general statutory term
like “appropriate relief” is used, clear no-tice has been provided
and a State’s acceptance of federal funds constitutes a waiver of
sovereign immunity to all relief, equitable and monetary.
As explained above, nothing in our precedent
demands the result the majority reaches today. The conclusion that
RLUIPA fails to provide States with sufficient notice that they are
liable for monetary relief cannot be squared with the
straightforward terms of the statute and the general principles
evident in our prior cases. For these reasons, and because the
majority’s decision significantly undermines Congress’ ability to
provide needed redress for violations of individuals’ rights under
federal law, I respectfully dissent.
Footnote 1
Though the Court reserves the general
question whether RLUIPA is a valid exercise of Congress’ power
under the Spending Clause, see
ante, at 2, n. 1,
there is apparently no disagreement among the Federal Courts of
Appeals, see 560 F. 3d 316, 328, n. 34 (CA5 2009) (“Every
circuit to consider whether RLUIPA is Spending Clause legislation
has concluded that it is constitutional under at least that
power”).
Footnote 2
The majority suggests that our use of the
phrase “appropriate relief” in
Franklin and
Barnes did not “put the States on notice that the same
phrase in RLUIPA subjected them to suits for monetary relief,”
because “[t]hose cases did not involve sovereign defendants.”
Ante, at 10, n. 6. The majority misperceives the
point.
Franklin and
Barnes simply confirmed what
otherwise would have been already apparent to any informed reader
of RLUIPA—when it comes to remedying injuries to legal rights,
monetary damages are “appropriate relief.” Moreover, as noted in
the text, see
supra, at 4–5, the Administrative Procedure
Act expressly excludes “money damages” from the “relief” available
against the United States, suggesting that Congress understands the
term normally to encompass monetary relief even when the defendant
enjoys sovereign immunity. See 5 U. S. C. §702;
Bowen
v.
Massachusetts,
487 U. S. 879, 891–892
(1988) (noting that §702 waives the United States’ sovereign
immunity to suit).
Footnote 3
Curiously, the majority appears to believe
that it would be appro-priate for state officials to read the
statutory phrase “appropriate relief” without reference to general
remedies principles. See
ante, at 12, n. 8. It is
well-established, however, that “Congress is understood to
legislate against a background of common-law … principles,”
Astoria Fed. Sav. & Loan Assn. v.
Solimino,
501 U. S. 104,
108 (1991), and there can be no doubt that general legal principles
necessarily inform judicial determinations as to what remedies are
available to civil plaintiffs, see,
e.g.,
Atlantic
Sounding Co. v.
Townsend, 557 U. S. ___, ___ (2009)
(slip op., at 15) (concluding that, in light of “general principles
of maritime tort law” punitive damages were a remedy available to
the plaintiff (internal quotation marks omitted)). Why Texas’s
sovereign immunity defense renders this approach improper is a
mystery the majority opinion leaves unsolved.
Footnote 4
In
Lane v.
Peńa,
518 U. S. 187
(1996),
United States v.
Nordic Village, Inc.,
503 U. S. 30
(1992), and
Hoffman v.
Connecticut Dept. of Income
Maintenance,
492
U. S. 96 (1989), we simply reaffirmed the principle that a
sovereign’s liability for damages must be unambiguously expressed
in the statute purporting to waive immunity; as demonstrated above,
RLUIPA satisfies this requirement. The majority tellingly relies on
the
dissent’s assertion in
West v.
Gibson,
527 U. S. 212 (1999), that the phrase
“appropriate remedies” was too ambiguous to waive sovereign
immunity to monetary relief. See
id., at 226 (opinion of
Kennedy, J.). Accordingly, the cases the majority cites do not
mandate the conclusion it draws today.
Footnote 5
I agree with the majority’s conclusion that,
because Section 3 of RLUIPA, addressing the rights of
institutionalized persons, is not a “provisio[n] of [a] … Federal
statute prohibiting discrimination” within the meaning of the
Rehabilitation Act Amendments of 1986, 42 U. S. C.
§2000d–7(a)(1), the latter statute’s waiver provision does not put
the States on notice that they can be sued for damages under
RLUIPA. See
ante, at 12–14. It bears noting, however, that
Section 2 of RLUIPA explicitly prohibits discrimination in land use
regulation. See §2000cc(b)(2) (“No government shall impose or
implement a land use regulation that discriminates … on the basis
of religion or religious denomination”). As a result, the
majority’s decision in this case means that some RLUIPA plaintiffs
will be able to seek monetary damages against a State and others
will not, even though RLUIPA’s provision of “appropriate relief”
applies equally to suits for violations of the terms of both
Section 2 and Section 3.
Footnote 6
See
Parents Involved in Community
Schools v.
Seattle School Dist. No. 1,
551 U. S. 701, 719
(2007) (“Voluntary cessation does not moot a case or controversy
unless subsequent events make it absolutely clear that the
allegedly wrongful behavior could not reasonably be expected to
recur” (internal quotation marks and alterations omitted)). The
Fifth Circuit declined to apply the “voluntary cessation” doctrine
in this case and instead granted Texas’s motion that the court
dismiss as moot petitioner’s claim for injunctive relief with
respect to the prison’s cell-restriction policy. Because the prison
director averred that the policy was no longer in force, and
“absent evidence that the voluntary ces-sation [wa]s a sham,” the
court held that the “good faith nature” of Texas’s change in policy
rendered moot petitioner’s claim for injunctive relief. See 560
F. 3d, at 324–326; see also
Nelson v.
Miller, 570 F. 3d 868, 882–883 (CA7 2009) (affirming
the District Court’s dismissal as moot of a RLUIPA claim because
there was no evidence that the prison intended to revoke the
plaintiff’s religious diet);
El v.
Evans, 694
F. Supp. 2d 1009, 1012–1013 (SD Ill. 2010) (similar).
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