In Palecek v. Zavaras, 2010 U.S. Dist. LEXIS 85513 (D CO, Aug. 18, 2010), a Colorado federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 86027, July 1, 2010), and permitted a Jewish inmate who objected to the manner in which his kosher food was being prepared to proceed with a claim for injunctive relief against defendants in their official capacities. However other claims, including ones for monetary damages, were dismissed on various grounds.
In Tran v. Gores, 2010 U.S. Dist. LEXIS 86519 (SD CA, Aug. 23, 2010), a California federal district court dismissed an inmate's free exercise claim based merely on allegations that an unnamed Deputy Sheriff took a "religious cross artifact" from him.
In Odneal v. Pierce, 2010 U.S. Dist. LEXIS 86089 (SD TX, Aug. 20, 2010), a Texas federal magistrate judge, in a case on remand from the 5th Circuit (see prior posting), ruled that Texas prison grooming rules impose a substantial burden on free exercise rights of a Native American inmate who wants to grow and wear a kouplock. However, the court concluded, a question of fact remains as to whether the grooming policy serves a compelling interest and is the least restrictive means to satisfy that interest.
In Ciempa v. Jones, 2010 U.S. Dist. LEXIS 86796 (ND OK, Aug. 23, 2010), an Oklahoma federal district court upheld a prison's decision to ban a particular issue of The Five Percenter (a publication of the Nations of Gods and Earth) and found no evidence that an inmate's religious correspondence was interdicted. It also rejected his complaint regarding denial of a Halal diet and his attempt to get the prison canteen to buy pork-free hygiene products from an NGE vendor. However the court permitted plaintiff to move ahead with his claim that his rights under RLUIPA were violated when he was denied copies of two books, The Soldier's Guide and Stoic Warriors, and when he was denied chapel time for NGE study circles.
In Woods v. Harris, 2010 U.S. Dist. LEXIS 86628 (ED AR, Aug. 20, 2010), and Arkansas federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 86616, Aug. 4, 2010) and dismissed an inmate's complaint that when participating in the Therapeutic Community Program group sessions he was required to use the term "Higher Power" and was not permitted to use the term "God" or "Jesus Christ."
In Bukhari v. Piedmont Regional Jail Authority, 2010 U.S. Dist. LEXIS 87169 (ED VA, Aug. 20, 2010), a Virginia federal district court held that the Religious Freedom Restoration Act does not apply to non-resident aliens denied admission to the country who are being held in custody while removal proceedings are initiated. Plaintiff, a Pakistani national, complained that while in custody he was denied meals that meet Muslim dietary requirements.
In James v. Hayden, 2010 U.S. Dist. LEXIS 88097 (SD NY, Aug. 23, 2010), a New York federal magistrate judge concluded that genuine issues of material fact exist as to whether requiring a Rastafarian prisoner to participate in a group strip search is the least restrictive means by which officials could inspect him for concealed contraband and whether conducting strip searches in a gymnasium rather than a bathroom was reasonably related to a legitimate penological interest. Therefore the court refused to grant summary judgment to defendant on the RLUIPA or Free Exercise claims brought by plaintiff.
In Arnez v. Florida Department of Corrections, 2010 U.S. Dist. LEXIS 88398 (SD FL, Aug. 25, 2010), a Florida federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 88401, Aug. 4, 2010) and refused to dismiss the personal capacity claims by an Orthodox Jewish prisoner against prison officials for refusing to provide him with a kosher diet, and instead providing only a vegan diet despite a 2002 settlement in a prior lawsuit under which the state agreed to provide plaintiff with kosher food.
