Settlement Secures New Protections for Religion in Nebraska’s Prisons

LINCOLN, Neb. – Nebraska prison officials are making policy changes as part of an agreement ending litigation related to a ban that prevented certain Indigenous faith practices in a state prison.

This morning, attorneys with Big Fire Law & Policy Group and the American Civil Liberties Union (ACLU) of Nebraska filed a notice that the lawsuit would be voluntarily dismissed, citing the successful settlement of the case.

The lawsuit relates to a ban that officials issued in February, which barred access to a religious space within the Nebraska State Penitentiary’s prison yard, the only place within the facility where prison officials allow smudging, smoking red willow bark and participating in sweat ceremonies. Some men affected by the ban said they believed it was meant as group punishment for contraband found with religious supplies.

Joshua Lewis, who is Cherokee and Tarascan, and Tremayne Scott, a member of the Rosebud Sioux Tribe, filed internal grievances to challenge the ban, and eventually sued when those grievances went unanswered. Their lawsuit argued that state officials were violating their rights under the U.S. Constitution as well as federal and state laws. Just ahead of an April court hearing, prison officials rescinded the ban.

A settlement agreement signed this week involves three new Nebraska Department of Correctional Services (NDCS) policy directives that enhance protections for religious freedom in Nebraska’s prisons by narrowing the reasons religious service can be canceled or suspended, improving administrative processes, requiring better documentation whenever a religious service is canceled or displaced, and requiring director approval of any ongoing suspension of an established religious worship location or worship service. The directive focused on ongoing suspensions specifies that they are allowed only in the case of “a serious safety or security concern.”

The policy directives took effect immediately when NDCS Director Rob Jeffreys signed them this week. They are intended to become a part of the official rules and regulations during the prison system’s routine reviews no later than the end of the year.

Lewis, who is out on parole, said:

"Our ceremonies are not just a weekend activity — we walk our way of life 24/7, following traditions passed down generation after generation. Being cut off from our way of prayer was spiritually damaging, and I cannot imagine Christian services being targeted in the same way. The Nebraska State Penitentiary gravely mishandled this situation, but by coming together, we changed the course of this heinous mistreatment and made something good come out of it. I am thankful for everyone involved, including Big Fire, the ACLU of Nebraska and our incarcerated Native brothers. Restoring our sacred sweat lodge was a crucial step toward healing. There is more to do. I see this as one of many necessary steps to right larger systemic injustices against Indigenous peoples.”

Scott said this legal journey “has been an honor and a blessing,” adding that he has felt a spiritual presence throughout the process and sees this outcome as a steppingstone toward better treatment of incarcerated Native American Nebraskans. “We get to continue with our faith and our way of life.”

Danelle Smith, partner at Big Fire Law & Policy Group, said:
“The adoption of these policy changes is an important step toward ensuring that Native religious practices are respected and protected within Nebraska’s correctional facilities. The plaintiffs’ advocacy reflects the enduring commitment of Native people to preserve their long-held traditions and religious practices, which remain a vital source of cultural and spiritual connection, including for those who are incarcerated. Big Fire is proud to have represented the plaintiffs in protecting the rights of Native peoples under the law.”

Carter Matt, staff attorney with the ACLU of Nebraska, said:
“For many of us, faith is among the most important parts of our lives. Americans of all religions have a right to practice their faith in keeping with their traditions, and that right extends beyond Nebraska’s prison walls. We are grateful for our clients’ courage and persistence. They ended the ban and secured significant policy changes that will help prevent these kinds of situations in the future. We will remain vigilant to make sure this core freedom is respected and protected in Nebraska’s prisons.”