In Hills v. Epps, (5th Cir., Oct. 24, 2006), the U.S. Fifth Circuit Court of Appeals upheld a lower court ruling that a challenge to a Mississippi prison regulation regulating hair length was frivolous. Plaintiff prisoner wanted to wear dreadlocks for religious reasons.
Greybuffalo v. Frank, 2006 U.S. Dist. LEXIS 77238 (WD WI, Oct. 20, 2006), was an action for damages in which a Native American inmate alleged that his free exercise of religion was infringed when certain documents of his, allegedly religious in nature, were seized by prison authorities. The court ordered plaintiff to file an addendum to his complaint alleging the contents of the documents, how he used them to practice his religion, and the effect the taking of the documents had on his religious practice.
In Salahuddin v. Goord, (2d Cir., Oct. 27, 2006), the U.S. Second Circuit Court of Appeals reversed the district court's grant of summary judgment to prison officials and found that a Sunni Muslim prisoner had alleged sufficient facts to proceed with his Free Exercise and RLUIPA claims. Plaintiff Salahuddin alleged that Sunnis and Shi'ites were required to pray together; that while in disciplinary keeplock he was denied the opportunity to either attend holiday services or eat a holiday meal in his cell; and that the prison refused to provide a Muslim chaplain or have a copy of the Quran in its library.
In Gainer v. Cooper, 2006 U.S. Dist. LEXIS 77830 (SD GA, Oct. 13, 2006), a state prisoner claimed that his rights under the First Amendment and RLUIPA were infringed when prison authorities refused to permit him to participate in Ramadan observances. Prison officials argued that plaintiff is not a Muslim; however he is a member of the Nuwaubu faith that also observes Ramadan. While plaintiff's transfer to another prison mooted his claim for an injunction, a Georgia federal magistrate judge denied defendants' motions for summary judgment on plaintiff's RLUIPA claim and his First Amendment claim for nominal and punitive damages.
