In People v. Farrell (NY S.Ct., App. Div., April 6, 2006), a New York appellate court held that at his criminal trial, the court did not violate Dennis Farrell's right to free exercise of religion by denying his request for an adjournment on a Friday afternoon so he could return to Rikers Island before sundown to observe the Jewish Sabbath. The court had a compelling interest in completing his trial without a weekend adjournment. At any rate, when Farrell made his request for adjournment, it was already too late to get him back to Rikers Island before the Sabbath began.
In Raines v. Siegelman, 2006 U.S. Dist. LEXIS 15542 (MD Ala., March 1, 2006), an Alabama federal Magistrate Judge recommended dismissal of a prisoner's complaint that his free exercise rights were infringed, finding that the prisoner's refusal to participate in a religious-based substance abuse program was not the cause of his being denied a reduction in custody or favorable consideration for parole. The court also found that an alternative substance abuse program was available for the prisoner at least for part of his time in prison.
In Eberle v. Wilkinson, 2006 U.S. Dist. LEXIS 15053 (SD Ohio, March 31, 2006), an Ohio federal Magistrate Judge denied summary judgment to prison officials, holding that a genuine issue of material fact existed as to whether a prisoner held asserted religious beliefs, even when those beliefs were not part of the Asatru faith to which he claimed to belong. The court also held that as to another plaintiff, there remained a genuine issue as to whether he was required to participate in a religiously-based substance abuse program.
In Caldwell v. Ewing, 2006 U.S. Dist. LEXIS 17047 (CD Ill., March 24, 2006), an Illinois federal district court rejected a prisoner's claim that her free exercise rights were infringed when prison officials confiscated pre-paid, self addressed envelopes furnished by a church for the prisoner to return her work on Bible lessons. The prison had declared the envelopes to be contraband because they were being used by inmates as money.
Meanwhile, newspapers today focus on religious concerns of inmates. The Wilmington, North Carolina, Star News today chronicles the numerous religious services offered in the New Hanover County jail. And the San Antonio, Texas, Express-News covers the efforts growing out of pending litigation, to obtain kosher food for Jewish prison inmates in Texas. Bill Pierce, director of chaplaincy for Texas Department of Criminal Justice, says that some prisoners make insincere religious claims in order to obtain special treatment.
