Sunday, November 21, 2010

Recent Prisoner Free Exercise Cases

In Riggins v. Clarke, (9th Cir., Nov. 18, 2010), the 9th Circuit upheld a prison policy that required an inmate's committed name be used first on incoming and outgoing mail before any other official or religious name. It also rejected plaintiff's claim that his rights were violated by the refusal to allow him to buy prayer oils.

In Bonner v. Randle, 2010 U.S. Dist. Lexis 120717 (CD IL, Nov. 15, 2010), an Illinois federal district court  held that a Muslim inmate had adequately alleged a violation of the Establishment Clause.  Plaintiff claimed that his regularly scheduled Narcotics Anonymous class was combined with Christian religious services and he was required to attend and submit a written summary of what he learned from the Christian speaker.

In Taylor v. Grannis, 2010 U.S. Dist. LEXIS 121103 (ND CA, Oct. 28, 2010), a California federal district court dismissed on res judicata grounds an inmate's complaint that he was not permitted to use tobacco for his "Wheel of Love" religious ceremony.

In Ashby v. Sherman, 2010 U.S. Dist. LEXIS 120735 (WD WA, Nov. 12, 2010), a federal district court adopted a magistrate's recommendation (2010 U.S. Dist LEXIS 120742, Oct. 1, 2010) and dismissed an inmate's complaint that he was not allowed to attend the Eid ul-Fitr feast and that an exclusive Nation of Islam Eid feast was not held.

In Burnight v. Sisto, 2010 U.S. Dist. LEXIS 120975 (ED CA, Nov. 15, 2010), a California federal magistrate judge concluded that nothing in the record of petitioner's parole hearing indicated that he was required to attend the religiously-based Alcoholics Anonymous program even though the parole board discussed his participation in it. Nor did petitioner ever indicate to prison officials that his Wicca religion conflicted with AA.

In Searles v. Werholtz, 2010 U.S. Dist. LEXIS 121339 (D KS, Nov. 15, 2010), a Kansas federal district court dismissed an inmate's complaint that he was denied a kosher diet because defendants who were employees of Aramark food service were never served with process.