Saturday, July 22, 2006

This Week's Prisoner Free Exercise Decisions

In Kretchmar v. Beard, 2006 U.S. Dist. LEXIS 49530 (ED Pa., July 18, 2006), a Pennsylvania federal court rejected the Free Exercise and RLUIPA claims filed by a Reform Jewish prisoner who argued that he should have been provided with a Kosher diet consisting of a rotating menu and two hot meals per day instead of the repetitive and cold Kosher diet that was given to him.

In Buchanan v. Burbury, 2006 U.S. Dist. LEXIS 48244 (ND Ohio, July 17, 2006), an Ohio federal district court granted a preliminary injunction in a RLUIPA case brought by an inmate who was an adherent of the Yahweh's New Covenant Assembly, a Sacred Name Sabbatarian faith group. The court ordered that plaintiff be provided with a kosher diet, he be excused from work on the Sabbath and his religion’s seven holy days, and that the group be given the opportunity to worship under the same requirements as other groups, which might require that it be removed from the prison’s Protestant catchment and placed into its own separate catchment.