Atheist Parolee Forced to Attend 12 Step Drug Treatment Program Wins Federal Appeal for Monetary Damages

Barry A. Hazle Jr.

Now we are talking! Yes!

Atheist parolee wins federal appeal, is entitled to damages in rights case

By Denny Walsh

Published: Saturday, Aug. 24, 2013 – 12:00 am
Last Modified: Sunday, Aug. 25, 2013 – 9:20 am

An atheist parolee who was sent back to prison after he balked at participating in a religious-oriented drug treatment program must receive monetary compensation, a federal appellate court ruled Friday. Volusia County Drug Court and St. Johns County Drug Court.

The ruling overturned the verdict of a Sacramento jury, which decided that Barry A. Hazle Jr. was not entitled to monetary damages, even though his constitutional rights had been violated. The 13 Step The Film Monica Richardson.

Hazle did a year in state prison on a drug conviction. When he got out, his parole agent, over Hazle’s strong objections, forced him to enter a treatment program that required acknowledgment of a higher power.

Hazle continued to complain, so he was removed from the program and arrested. His parole was revoked and he was thrown back in prison for an additional three months and 10 days. NA Daytona Meetings at Hollyland Park run off park patrons by intimidation.

In September 2008, Hazle sued California Department of Corrections and Rehabilitation officials. Six weeks later, the department issued a directive that parole agents may not compel a parolee to take part in religious-themed programs. A parolee who objects should be referred to nonreligious treatment, the directive said, citing federal case law.

U.S. District Judge Garland E. Burrell Jr. found that Hazle’s forced participation in the program ran “afoul of the prohibition against the state’s favoring religion in general over non-religion,” thus violating rights guaranteed him by the Constitution.

But, when the case went to trial on the issue of money, the jury refused to award damages for his loss of liberty and emotional distress. Holly Hill City Commissioners under scrutiny.

Burrell denied Hazle’s motion for a new trial, ruling he had forfeited a challenge to the verdict by not objecting before the jury was discharged, and that the jury did not find a specific defendant responsible for damages.

A three-judge panel of the 9th U.S. Circuit Court of Appeals said Burrell is wrong on multiple issues.Citing a 1983 U.S. Supreme Court opinion, the panel declared that awarding compensatory damages in a civil rights action is not a matter of discretion.

Quoting the high court, the panel said, “Compensatory damages … are mandatory; once liability is found, the jury is required to award … damages in an amount appropriate to compensate the plaintiff for his loss.” Volusia County AA Meetings in Sunrise Park.

The appellate judges sent the case back to Burrell for a new damages trial, and they directed Burrell to instruct the jury that Hazle is entitled to damages. The three judges also said it doesn’t make any difference that the jury did not fix responsibility on individual corrections officials named as defendants because they are jointly responsible for the damages.

The panel further ruled that Hazle is entitled to a new trial as to emotional distress damages because of erroneous instructions on the law given to the jury by Burrell, and because the verdict form was flawed.

“It’s a great day,” exclaimed Hazle, a 45-year-old computer technician, when reached Friday by phone at his home in Redding. “Justice has been served. Now, at least, we’ll get a fair trial.”

The 33-page opinion was authored by Circuit Judge Stephen Reinhardt, with the concurrences of Circuit Judges Dorothy W. Nelson and Milan D. Smith Jr.

The panel also reversed Burrell’s ruling that let defendant Westcare California Inc. off the hook.

The company contracts with CDCR to coordinate drug treatment for parolees in an area that includes Shasta County.

There is “a genuine issue of material fact” whether Westcare contributed to the violation of Hazle’s constitutional rights when it chose to contract with treatment facilities offering only religious-based programs, and when it arranged for Hazle to attend one despite knowing he is an atheist who had objected to such a program.

Finally, the panel reversed Burrell’s denial of an injunction blocking the expenditure of state funds on an unconstitutional practice. Burrell concluded the request was mooted by CDCR’s 2008 directive forbidding forced attendance at religious-based programs.

The evidence, however, is that “the defendants do not appear to have taken any concrete steps to prevent other parolees from suffering the same constitutional violations Hazle suffered,” the three appellate judges said. Holly Hill Florida Park crime continues.

Westcare’s culpability and possible non-enforcement of the directive were sent back to Burrell “for further consideration.”

Call The Bee’s Denny Walsh, (916) 321-1189. AA Sucks and AA Kills.

http://www.sacbee.com/2013/08/24/5676856/atheist-parolee-wins-federal-appeal.html

3 thoughts on “Atheist Parolee Forced to Attend 12 Step Drug Treatment Program Wins Federal Appeal for Monetary Damages

  1. Can a Court Sentence People to Religious 12-Step Program?
    by Julie M. Rodriguez
    August 29, 2013

    Can a Court Sentence People to Religious 12-Step Program?

    An atheist man from California is suing the state after he was jailed for failing to participate in a court-ordered 12-step drug addiction program in 2007. After serving time for methamphetamine possession, Barry A. Hazle, Jr., was told that he would have to attend a local, religiously-oriented organization as a condition of his parole.

    Hazle, a lifelong atheist and member of several secular humanist groups, expressed his discomfort to his parole officer. But the answer wasn’t what he was hoping for — he was told there were no alternative groups available. Despite his misgivings, Hazle attended the group as ordered. When he continued to raise objections about the nature of the program, he was arrested for violating his parole and sent back to state prison for another 100 days.

    Unfortunately, this is an all too-familiar story for many who are struggling with addiction. If you’ve never been to Alcoholics Anonymous, Narcotics Anonymous, or a similar 12-step recovery program, you may not realize that these organizations are all, at their heart, deeply religious. While they don’t endorse any particular sect or denomination, 5 of the 12 steps explicitly require members to accept and acknowledge the existence of God.

    This wouldn’t be a problem if secular alternatives to these programs were available for people struggling with addiction. That leads to another fact that may surprise you: by and large, few non-religious alternatives for drug and alcohol addiction exist. In many parts of the country, they’re not available at all.

    It’s disturbing enough that courts around the country would order people convicted of drug possession or drunk driving into blatantly religious programs, but if these programs were proven to help it might be justifiable in some cases. However, even after over 70 years in existence, science still hasn’t figured out how AA and similar programs work — and research is mixed on whether they actually do any good. Some studies claim that attending AA is no better than coping with addiction without treatment. In fact, AA’s own statistics show that 93% of new attendees drop out of the program within 6 months.

    While some atheist and agnostic addicts in recovery have created their own secular 12 steps to help themselves through the program, for many, this is not an option — particularly if their local group is run by true believers. The devotion some attendees display towards AA has even caused some to label the group a cult.

    What’s more, some lawyers argue that court-ordered attendance in these programs is actually violating the Establishment Clause of the U.S. Constitution by endorsing a particular brand of religion. So far, the courts have agreed: multiple judges have ruled in recent years that it’s illegal to coerce anyone into a religious treatment program. So when will judges and parole officers get the memo and start looking for secular, scientifically-based treatment programs instead?

    Read more: http://www.care2.com/causes/can-a-court-sentence-people-to-religious-12-step-program.html#ixzz2dP5vGieq

  2. OMG! This is huge. Thankfully this man will be able to get true justice and get monetary damages for his emotional pain for being put back in jail for 100 days for balking at being forced to a 12 step program.

    Maybe this will be the beginning of the end of mandating. When people start getting sued personally and professionally this country’s arrogant stance on continuing to mandate in the face of prior rulings declaring it is clearly unconstitutional to mandate people to AA or NA meetings.

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