062741P.pdf   12/03/2007  Americans United  v.  Prison Fellowship
   U.S. Court of Appeals Case No:  06-2741
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Benton, Author, With O'Connor, Associate Justice
   (Ret.) and Wollman, Circuit Judge]
   Civil case - Civil rights. In action by inmates, taxpayers, inmate
   relatives and Americans United for Separation of Church and State
   alleging prison officials decision to pay the non-sectarian expenses of a
   values-based pre-release program violated the Establishment Clause of
   the First Amendment, the inmates, the taxpayer and Americans United
   had standing to challenge the program, while contributors to the inmates'
   telephone accounts did not; matter was not moot; defendants Prison
   Fellowship and InnerChange were state actors for Section 1983 purposes;
   because the indoctrination and definition criteria indicate InnerChange
   had the effect of advancing or endorsing religion, the state's direct aid to
   InnerChange during the years 2000 to 2004 violated the Establishment
   clauses of the U.S. and Iowa Constitutions; the district court did not err in
   finding that the per diem structure used for the program from 2005 to
   2007 also violated the Establishment clauses of the U.S. and Iowa
   Constitutions; standard established in Turner v. Safely, 482 U.S. 78
   (1987) that regulation which impinges on inmates' constitutional rights is
   valid if reasonably related to valid penological interests cannot be used to
   validate funding violations of the Establishment Clause; district court
   erred in ordering defendants to return funds received under the programs;
   provisions of the injunction concerning further funding of the program
   were not overbroad and did not forever ban the defendants from operating
   in Iowa.