In Dedrick v. Wilner, 2009 U.S. Dist. LEXIS 92618 (D CO, Sept. 23, 2009), a federal prisoner complained that he is being required to attend a drug abuse education program in violation of his free exercise rights as a condition of obtaining supervised release, and that he will be required to attend a 12-step program with religious content upon release. The court held that his claim regarding future requirements is not ripe, and that his claim regarding his current conditions of confinement need to be filed as a Bivens action instead of a habeas corpus action.
In Lewers v. Pinellas County Jail, 2009 U.S. Dist. LEXIS 92702 (MD FL, Sept. 18, 2009), a Florida federal district court held that a Jewish inmate may proceed with his claim that he was denied a kosher diet. However it rejected his claim that he is entitled to be furnished free of charge with Jewish reading materials, a Torah and a Talmud. The court held that plaintiff failed to adequately allege an equal protection claim, but gave him leave to file an amended petition to cure pleading deficiencies as to his free exercise claims.
In Holley v. Johnson, 2009 U.S. Dist. LEXIS 94126 (WD VA, Oct. 1, 2009), a Virginia federal district court held that plaintiff had adequately alleged violations of his rights under RLUIPA and the First Amendment stemming from confiscation of religious materials and denial of the Common Fare Diet. Plaintiff claimed that the only reason for these actions was that prison authorities do not consider Nations of Gods and Earths to be a religion. The court held that an inmate's sincere, but personal, religious beliefs are entitled to consideration regardless of whether they are shared by all of the members of a religious sect.
