By Eve Byron, of the Independent Record:

Five Montana Department of Corrections inmates who claimed substantial burdens were placed upon them while trying to participate in religious sweat lodge ceremonies can continue with part of their lawsuit, but a federal court judge in Helena dismissed other aspects of the case this week.

U.S. District Court Senior Judge Charles Lovell said the Native American plaintiffs — John Knows His Gun, Darryl Lewis Frost, Jason Chiefstick, William Gopher and Allen Potter — have sufficient facts to pursue claims regarding strip searches, the prohibition of essential sacred items and an alleged retaliatory act.

However, they failed to show how the prison substantially burdened their religious exercise, so they can’t seek monetary damages from the state and a private corrections company under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

The ruling came after attorneys for the Montana Department of Corrections and Crossroads Correctional Center in Shelby asked Lovell to dismiss the case. After listening to the parties at a motions hearing on Feb. 23, Lovell handed down his ruling late last week.

“Plaintiffs have alleged sufficient facts to pursue their claims regarding the strip searches, the alleged prohibition of essential sacred items, and one alleged retaliatory act,” Lovell wrote. “Otherwise, the court agrees with defendants that the complaint fails to state a prima facie claim the prison’s acts or omissions substantially burdened plaintiffs’ religious exercise.”

In 2008 and 2009, the five men were incarcerated at the Crossroads Correctional Center, which is a private prison facility operated by Corrections Corporation of America.

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Tags: allen potter, darryl lewis frost, eve byron, independent record, jason chiefstick, john knows his gun, judge charles lovell, Montana Department of Corrections, religious land use and institutionalized persons act, william gopher