Sunday, December 23, 2007

Recent Prisoner Free Exercise Cases

In Scott v. California Supreme Court, 2007 U.S. Dist. LEXIS 93525 (ED CA, Dec. 20, 2007), a California federal Magistrate Judge rejected a prisoner's claim that his First amendment free exercise rights and his rights under RLUIPA were vioalted when the warden refused to permit him to change his name for religious reasons. The court said that it found no evidence demonstrating that plaintiff's practice of his religion was substantially burdened by the refusal.

In Harris v. Schriro, 2007 U.S. Dist. LEXIS 93350, (D AZ, Dec. 18, 2007), an Arizona federal district court dismissed as a defendant a dietitian employed by the company that provides kosher meals to Arizona prisons. The court held that plaintiff had not demonstrate a connection between the dietitian's conduct and alleged violations of plaintiff's First Amendment rights. Plaintiff claimed he was denied regular kosher meals. (See prior related posting.)

In Alston v. Department of Corrections, 2007 U.S. Dist. LEXIS 91964 (WD VA, Dec. 14, 2007), a Virginia federal district court rejected an inmate's claim that being served, on two occasions, his Common Fare meal with a dirty tray lid violated his free exercise rights under the First Amendment and RLUIPA.

In Sides v. Religious Accommodation Committee, 2007 U.S. Dist. LEXIS 73075 (MD PA, Oct. 1, 2007), a Pennsylvania federal district court accepted a magistrate's recommendation (2007 U.S. Dist. LEXIS 91832, Aug. 3, 2007) insofar as it concluded that an inmate does did not need certain racially inflammatory documents confiscated from him in order for him to prove that he is an adherent of "Creativity". The court said, however, that issues remain as to whether the confiscated documents are religious materials entitled to free exercise protection.