In Vazquez v. Ragonese, (3d Cir., Aug. 18, 2010), the 3rd Circuit remanded to the district court for consideration under RLUIPA of a prisoner's claims that prior institutions have failed to forward certain religious items (including oil, soaps, tarot cards and a multi-colored beaded necklace) to him after he was transferred to another institution. The court also remanded for consideration of plaintiff's claim that he is not allowed to purchase or acquire materials he needs for his religious practices.
In Lightner v. Ausmus, 2010 U.S. Dist. LEXIS 85348 (D ID, Aug. 17, 2010), an Idaho federal district court held that the statute of limitations barred a civil rights action by a paroled sex offender who charged that his parole officer would not agree that he could attend a Baptist church, but only gave him permission to attend an LDS church.
In Maxwell v. Hobbs, 2010 U.S. Dist. LEXIS 84931 (ED AR, July 23, 2010), an Arkansas federal magistrate judge recommended dismissal of an inmate's complaint that his free exercise rights were violated when prison officials disapproved the Five Percenter Newspaper he was receiving concluding that it contained gang-related content.
In Nichols v. Federal Bureau of Prisons, 2010 U.S. Dist. LEXIS 83006 (D CO, Aug. 12, 2010), a Colorado federal district court rejected a prisoner's claim that he was arbitrarily removed from the Common Fare diet and was not offered a comparable alternative to meet his Christian religious needs. The court concluded that plaintiff's adoption of a whole foods diet was for health reasons, rather than for religious reasons. To the extent there were later religious reasons, plaintiff failed to show that this imposed a substantial burden on his free exercise of religion. Beyond this, the claim was barred by the statute of limitations. The magistrate's recommendations in the case are at 2010 U.S. Dist. LEXIS 83693, June 22, 2010. The prisoner who filed the case was Oklahoma City bomber Terry Nichols. (AP report).
In Marksberry v. Strode, 2010 U.S. Dist. LEXIS 82482 (WD KY, Aug. 2, 2010), a Kentucky federal district court held that an inmate's 1st Amendment rights were not violated when when a prison official referred to his Rastafarian religious head covering as a "clown hat." In a second case involving a claim by the same prisoner, 2010 U.S. Dist. LEXIS 82481 (WD KY, Aug. 3, 2010), the same judge held that plaintiff's 1st Amendment rights were not violated by a 5-day delay in furnishing him a vegetarian diet and permitting him to wear his "crown" head covering. It also held that the claim is time barred.
