Sunday, December 16, 2007

Recent Prisoner Religious Exercise Cases

In Adamson v. McDonough, (11th Cir., Dec. 12, 2007), the 11th Circuit Court of Appeals vacated a Florida district court's dismissal of a prisoner's First Amendment free exercise challenge to a rule against using correspondence privileges to advertise for pen pals. Plaintiff, a Southern Baptist, claimed that prison officials refused to mail 13 letters he wrote to Baptist churches and ministers to request "prayer partners and religious pen pals." The state failed to offer any explanation of the purpose of the challenged rule.

In Harris v. Moore, 2007 U.S. Dist. LEXIS 91687 (ED MO, Dec. 13, 2007), a Missouri federal district court rejected Free Exercise and RLUIPA claims by a prisoner who is a member of the Pentecostal Assemblies of the World Church and is a minister ordained by the Universal Life Ministries Church. Plaintiff complained that he was limited to attending one religious service per week and was prohibited from receiving mail containing more than five pages of religious material.

In Robertson v. Kansas, 2007 U.S. Dist. LEXIS 91266 (D KA, Dec. 10, 2007), a Kansas federal district court rejected a prisoner's First Amendment and RLUIPA claims that the refusal to permit him to have conjugal visits violated his religious belief in procreation.

In Trahan v. Carey, 2007 U.S. Dist. LEXIS 89973 (ED CA, Nov. 27. 2007), a California federal magistrate judge dismissed an inmate's claim that his First Amendment rights were violated when he was punished for refusing to recite the "Center Point Creed" in a substance abuse program. The court found that the Creed is secular. Plaintiff was given an opportunity to file an amended complaint alleging that religious books were used in the program.