In Derby v. Worsham, 2006 U.S. Dist. LEXIS 81216 (ED MO, Nov. 6, 2006), a Missouri federal district court permitted a Wiccan prisoner to proceed with his claim that his free exercise rights were infringed when prison officials confiscated black candles and other ritual items, saying they were used in "darker worship styles".
In Modena v. Federal Bureau of Prisons, 2006 U.S. Dist. LEXIS 81205 (D MN, Nov. 3, 2006), a Minnesota federal district court rejected a prisoner's claim that federal law requiring the collection of a DNA sample from federal prisoners violates his right to the free exercise of religion.
In Fayson v. Earle, 2006 U.S. Dist. LEXIS 81567 (D DE, Nov. 7, 2006), a Delaware federal district court permitted a Muslim prisoner to proceed with her claim under the First Amendment and RLUIPA that she had been denied a Halal diet. However it granted summary judgment to defendants on plaintiff's free exercise, equal protection and RLUIPA claims that Muslims were denied adequate access to religious services and instruction.
In Miniero v. Craven, 2006 U.S. Dist. LEXIS 82315 (D ID, Nov. 9, 2006), a prisoner claimed that he was unlawfully required him to complete a religious-oriented rehabilitation program in order to be considered for parole. An Idaho federal district court denied the prisoner's request for a temporary restraining order, finding that plaintiff has now been offered the opportunity to participate in an alternative non-religious program.
In Borzych v. Frank, 2006 U.S. Dist. LEXIS 82289 (WD WI, Nov. 9, 2006), a prisoner who followed Odinism challenged the denial of his right to keep his Thor's Hammer emblem which he wore around his neck for spiritual protection. Prison authorities had banned the emblem because of its association with disruptive groups. A Wisconsin federal district court permitted plaintiff to proceed with his free exercise, RLUIPA and establishment clause claims challenging the prison's policy. It dismissed a number of other constitutional claims asserted by plaintiff.
