Friday, January 11, 2008

Recent Prisoner Free Exercise Cases

In Sandeford v. Plummer, 2007 U.S. Dist. LEXIS 95403 (ND CA, Dec. 21, 2007), a California federal district judge found that a Muslim inmate raised free exercise claims regarding failure to furnish an Islamic diet, restrictions on his Islamic dress, access to religious services and impairment of his holy day celebrations. However the court dismiss the claims with leave to amend to name each defendant who violated his rights. The court took similar action as to plaintiff's equal protection claim regarding wearing of his Kufi head covering.

In Amaker v. Goord, 2007 U.S. Dist. LEXIS 92824 (WD NY, Dec. 18, 2007), a New York federal district judge accepted a magistrate's report and recommendations in two related cases. In Attica prison, a correction officer had removed several Nation of Islam members from religious instruction and told them "to either change their religion or cut their hair" because "only Rastafarian[s] could wear dreadlock[s]." The magistrate recommended that defendants be enjoined from barring plaintiffs from NOI services and classes and from punishing plaintiffs for refusing to cut their hair or change their religious affiliation. The two decisions from the federal magistrate judge are Amaker v. Goord, 2007 U.S. Dist. LEXIS 95373 (March 9, 2007) and Fluellen v. Goord, 2007 U.S. Dist. LEXIS 95374 (March 12, 2007).

Ingram v. Craven, 2008 U.S. Dist. LEXIS 1377 (D ID, Jan. 8, 2008) involves a damage claim by a former inmate objecting to a recommendation that he be denied parole because of his refusal to participate in a religious-based AA/NA substance abuse program. After finding some of the defendants had absolute immunity, an Idaho federal district judge ordered the claim against one remaining defendant to be taken to mediation.