Monday, July 04, 2011

More Recent Prisoner Free Exercise Cases

In Hall v. Ekpe, (2d Cir., July 1, 2011), the Second Circuit dismissed RLUIPA claims by a Muslim prisoner who who was excluded from Ramadan activities because the prison chaplain did not identify him as an observant Muslim.  The court held that damage claims in plaintiff's official capacity lawsuit were precluded by a recent U.S. Supreme Court decision, and damages in his individual capacity claims were precluded by defendants' qualified immunity.

In Taylor v. Louisiana Correctional Service, Inc., 2011 U.S. Dist. LEXIS 69389 (WD LA, June 28, 2011), a Louisiana federal district court adopted a magistrate's recommendations (2011 U.S. Dist LEXIS 69400, May 17, 2011), rejecting a claim that the lack of a Muslim chaplain in a prison violated plaintiff's free exercise rights and his rights under RLUIPA.

In Hampton v. Ayers, 2011 U.S. Dist. LEXIS 69792 (CD CA, June 28, 2011), a California federal district court accepted a magistrate's recommendations (2011 U.S. Dist. LEXIS 69742, June 2, 2011) and dismissed an inmate's claims that various correctional officials burdened the practice of his religion by allowing Muslim inmates to hold religious services only if they are supervised and then failing to provide supervision. He also objected to an instance in which officers interfered with a religious service in progress.

In Carter v. Lappin, 2011 U.S. Dist. LEXIS 70300 (D AR, June 1, 2011), an Arkansas federal magistrate judge dismissed claims brought against the director of prisons claiming that on one occasion lower ranking  prison officials had served sausage containing pork to inmates without identifying it as such.  Mistakenly eating this violated plaintiff's religious beliefs.

In Blakely v. Wards, 2011 U.S. Dist. LEXIS 70280 (D SC, May 20, 2011), a South Carolina federal magistrate judge recommended dismissing a Muslim inmate's claims that prison chaplains have discriminated against Muslims by giving Christian inmates more access to the prison chapel. He also alleged disparities between the Christian and Muslim inmates as to food, religious books, goods, and money.