Saturday, June 23, 2007

Recent Prisoner Free Exercise Cases

In Jones v. Richwine, 2007 U.S. Dist. LEXIS 44800 (SD IN, June 18, 2007), an Indiana federal district court rejected a free exercise claim by a maximum security inmate who was not permitted to attend group church services, but was permitted to meet individually with a chaplain or minister.

In Smith v. McDonough, 2007 U.S. Dist. LEXIS 44577 (MD FL, June 20, 2007), a Florida federal district court dismissed as frivolous a free exercise challenge to grooming regulations of the Florida Department of Corrections. The challenge was filed by an inmate who claimed to be a practicing Rastafarian whose religious beliefs require him to wear a beard and long hair.

In McCree v. Pocock, 2007 U.S. Dist. LEXIS 44594 (ND GA, June 19, 2007), a Muslim prisoner claimed that his rights under RLUIPA were violated when prison officials refused to permit him to transfer between pods on Fridays in order to participate in Jumu'ah prayers. A Georgia federal district court refused to grant summary judgment for either party, holding that "a genuine issue of fact exists as to whether the Defendant has engaged in the least restrictive means of furthering its compelling government interest in the safety and security of its facility. If the Plaintiff is able to demonstrate that Jumu'ah requires an Imam or at least two other Muslims, the Defendant must prove that its policy of prohibiting the transfer of Muslims on Fridays and refusing to place the Plaintiff in a housing unit with at least two other Muslims is the least restrictive means of furthering its compelling interest."

In Singleton v. Morales, 2007 U.S. App. LEXIS 13931 (9th Cir., June 11, 2007), the 9th Circuit in a brief opinion affirmed a district court decision rejecting a Muslim prisoner's free exercise claim because the prisoner "did not raise a genuine issue of material fact as to whether his Koran was so damaged that he was prevented from practicing his religion." The prisoner failed to exhaust his administrative remedies on another claim-- that his Koran had been confiscated. (See prior related posting.)

In Washington v. Fannon, 2007 U.S. Dist. LEXIS 42860 (ED CA, June 13, 2007), a California federal Magistrate Judge recommended rejection of a free exercise claim by a Muslim prisoner who claimed he was prevented from participating in the Ramadan fast when officers removed food from his Ramadan food tray. The only evidence in the record involved failure to receive a cup of coleslaw on one occasion.