Saturday, March 25, 2006

Recent Prisoner Free Exercise Cases

In Phipps v. Morgan, 2006 U.S. Dist. LEXIS 12199 (ED Wash., March 6, 2006) a Washington federal district judge adopted the Magistrate’s recommendations and upheld a state prison’s policy of serving ovo-lacto vegetarian meals to Muslim prisoners requesting a Halal diet. The Magistrate Judge’s opinion is at 2006 U.S. Dist. LEXIS 12198 (ED Wash., Jan. 13, 2006).

Following up an earlier decision permitting a Native American prisoner to move forward with his suit claiming he was intentionally denied the right to attend religious pipe and drum ceremonies, a Wisconsin federal district judge issued an opinion outlining in detail to the pro se litigant the exact procedures he must follow at trial and the elements that he must prove to win his case. Meyer v. Teslik, 2006 U.S. Dist. LEXIS 5700 (WD Wis., Feb. 10, 2006). (Earlier decision discussed here.)

In Blount v. Johnson, 2006 U.S. Dist. LEXIS 11961 WD Va., March 2, 2006), a Virginia federal district judge denied prison officials’ motion of summary judgment and sent to the Magistrate Judge for trial a Virginia state prisoner’s claims under the Free Exercise clause and RLUIPA. Inmate Donell Blount who was a member of the House of Yahweh was denied his request to be served the Common Fare Diet because officials determined that his religion did not require it. Subsequently the Virginia Department of Corrections added House of Yahweh to the list of religions requiring a special diet.

In Pepper v. Carroll, 2006 U.S. Dist. LEXIS 11907 (D. Del., March 22, 2006), a Delaware federal district court rather summarily reject a prisoner’s claim that his free exercise rights were infringed when he was not furnished a television set on which to watch church services. He was, at his own request, housed in the Security Housing Unit where televisions are not permitted.

In Stewart v. Barr, 2006 U.S. Dist. LEXIS 11516 (D. Wis., March 17, 2006), a Wisconsin federal district court granted summary judgment to prison authorities, finding they had shown a legitimate penological reason for their requirement that plaintiff, a prisoner claiming to be a Rastafarian, remove his dreadlocks before leaving the prison for medical treatment.