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Monday, January 20, 2003

Nice to see the Ninth Circuit got something right for a change. They rule that Maui County Council members, in their capacities as individuals, cannot claim government immunity when they are sued under the Religious Land Use and Institutionalized Persons Act of 2000. In other words, if a government entity violates a plaintiff's rights under RLUIPA, each individual responsible for that violation (e.g., a city or county council member) can personally be on the hook for any damages incurred.

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