Sunday, May 14, 2006

Last Week's Prisoner Free Exercise Cases

In Jefferson v. Gonzalez, 2006 U.S. Dist. LEXIS 27720 (D DC, May 10, 2006), a DC federal district court rejected free exercise, RFRA and equal protection challenges to Bureau of Prisons Program Statement 5360.09, regulations on the wearing of religious headwear and religious garments . Muslim inmates are permitted to wear a Kufi, but not a turban, while Sikhs are permitted to wear a turban. As to ceremonial clothing, the Program Statement provides that "Islamic inmates may not hem or wear their pants above the ankle." The court found that the government's security interests and its interest in prisoner rehabilitation justified the restrictions.

In Muhammad v. San Joaquin County Jail, 2006 U.S. Dist. LEXIS 27821 (ED Cal., May 10, 2006), a Magistrate Judge recommended that a jail inmate be permitted to proceed with a claim that he was improperly denied bag meals to eat after sundown during Ramadan. However the Magistrate Judge rejected the claim that the inmate's free exercise rights were violated when the jail failed to provide Muslim services on Fridays.