Sunday, June 05, 2011

Recent Prisoner Free Exercise Cases

In Hayes v. State of Tennessee, (6th Cir., June 1, 2011), the 6th Circuit rejected an inmate's claim that his free exercise rights were infringed when Tennessee Department of Corrections policies were applied to deny him white supremacist religious literature mailed to him, even though another inmate had been given access to the same material. However the inmate was permitted to move ahead with his claim that the denial violated his rights under RLUIPA. ABA Journal reports on the decision.

In Garret v. Billings, 2011 U.S. Dist. LEXIS 56460 (ED CA, May 25, 2011), a California federal magistrate judge  dismissed, with leave to amend, a Muslim inmate's complaint that he was only allowed two ounces of prayer oil per quarter and that he and other Muslims were denied access to the prison's multipurpose chapel.

In Reiss v. Stansel, 2011 U.S. Dist. LEXIS 56655 (D AZ, May 24, 2011), an Arizona federal district court permitted an inmate who claimed to be Jewish to move ahead with claims that he was not provided a kosher diet, was denied access to the facility's chapel, and denied access to a Torah and Siddur (prayer book). However the court dismissed his complaint regarding the lack of Jewish congregate services, and dismissed the official capacity claims against defendants.

In Rider v. Yates, 2011 U.S. Dist. LEXIS 57710 (ED CA, May 31, 2011), a California federal magistrate judge rejected a claim by a state prisoner that his rights were violated when unidentified prison mail room staff confiscated tarot cards, incense, an incense burner, and a set of gem stones sent as a donation to the Lefthand Path, a religion in which Plaintiff was a high priest.

In Davis v. Abercrombie, 2011 U.S. Dist. LEXIS 58011 (D HI, May 27, 2011), an Hawaii federal magistrate judge denied a change of venue from Hawaii to Arizona in a case brought by several inmates who were convicted in Hawaii but were moved to privately operated correctional facilities in Arizona. Plaintiffs claimed that the Arizona facility does not let them practice their native Hawaiian religion.