In Sterr v. Baptista, (9th Cir., July 1, 2010), the 9th Circuit rejected an inmate's claim that prison officials placed substantial burdens on his religious exercise when they restricted vegetation for his Earth-based religion to "grass only" and set a new schedule for using the prison's religious grounds.
In Stevens v. Skolnick, (9th Cir., July 1, 2010), the 9th Circuit concluded that denial of a TRO to an inmate who was refused permission to conduct his daily Native American prayer practice is not an appealable final order.
In Forde v. Baird, 2010 U.S. Dist. LEXIS 63375 (D CT, June 25, 2010), a Connecticut federal district court held that RFRA requires a federal prison to grant an exemption from non-emergency cross-gender pat down searches to a female Muslim inmate whose religion prohibits her from being touched by men outside of her close family.
In Porter v. Beard, 2010 U.S. Dist. LEXIS 63431 (WD PA. June 21, 2010), a Pennsylvania federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 63413, May 12 2010) and allowed an inmate to proceed with claims that his free exercise rights were violated when authorities seized and destroyed his medicine bag.
In Putzer v. Donnelly, 2010 U.S. Dist. LEXIS 63707 (D NV, June 16, 2010), a Nevada federal district court approved a magistrate's recommendations (2010 U.S. Dist. LEXIS 63708, May 11, 2010) and rejected challenges to prison policy that allows one Jewish inmate to light Sabbath candles for all Jews in the prison before Friday evening services that are open to all. Plaintiff claimed he had a right to attend the candle lighting service.
In Kole v. FCI Danbury, 2010 U.S. Dist. LEXIS 63986 (D CT, June 25, 2010), a Connecticut federal district court allowed an inmate to proceed with her RFRA and free exercise challenges to a decision by prison officials to change vendors for Kosher for Passover food, creating a rise in commissary prices for inmate for the food. Plaintiff alleged that the price increase made the food "essentially unavailable" to inmates.
In Gauthier v. Anderson, 2010 U.S. Dist. LEXIS 64190 (WD LA, June 28, 2010), a Louisiana federal district court adopted the recommendations of a federal magistrate (2010 U.S. Dist. LEXIS 64236, April 21, 2010) and dismissed a frivolous an inmate's complaint that he was not allowed to attend regular church services while he was in lock-down for 2 1/2 months.
In Rouser v. Rutherford, 2010 U.S. Dist. LEXIS 64856 (ED CA, June 28, 2010), a California federal magistrate judge recommended dismissing for lack of evidence and failure to state a claim under RLUIPA and the Free Exercise clause a prisoner's charge that he was disciplined for rules violations solely because of his Wiccan religion. The disciplinary action grew out of a prison riot between several Wicca members and members of a Southern Hispanic gang.
In Holley v. Johnson, 2010 U.S. Dist. LEXIS 65356 (WD VA, June 30, 2010), a Virginia federal district court upheld a prison's ban on all Five Percenter publications, even if the particular publication does not advocate violence. The court also dismissed plaintiff's claim to entitlement to the Common Fare Diet, rejecting the magistrate's contrary recommendation.
In Hernandez v. Arizona Department of Corrections, 2010 U.S. Dist. LEXIS 65250 (D AZ, June 11, 2010), an Arizona federal district court permitted an inmate to move ahead against certain defendants on his claim that he is regularly provided kosher food trays that are missing food items and he is not provided with a nutritionally equivalent substitution.
