Tuesday, June 06, 2006

Recent Prisoner Decisions

In Wilson v. Tillman, (3d Cir., June 2, 2006), the U.S. Third Circuit Court of Appeals rejected a free exercise and equal protection claim by a prisoner in a group home pre-release program. Pennsylvania state prisoner John Wilson is a descendant of Ethiopian Jews. Adappt House insisted that he go on a required outing to a park with other residents on a Saturday instead of attending religious services. The court upheld the requirement as having a legitimate penological interest, and found that Wilson took advantage of an alternative-- praying alone before the trip began.

In Perez v. Frank, 2006 U.S. Dist. LEXIS 34990 (WD Wis., May 25, 2006), a Wisconsin federal district court permitted a Muslim prisoner to proceed with RLUIPA and free exercise clause claims (and for some complaints, establishment clause claims) growing out of prison authorities denying him adequate quantities of prayer oil, denying him the right to engage in study and group prayer, and denying him various religiously required foods. It refused to permit him to proceed with his claim that the prison denied him access to rest rooms for Wudu (ablutions) when the unit's day room was closed.