Sunday, July 31, 2011

Recent Prisoner Free Exercise Cases

In Boone v. Morgan, 2011 U.S. Dist. LEXIS 81542 (D MD, July 26, 2011), a Maryland federal district court rejected a Muslim inmate's complaint that his rights were infringed by prison policy that allowed inmates in disciplinary segregation to wear Kufis made of solid material, but not knit kufis, and which barred prayer rugs in disciplinary segregation.

In Epps v. Grannis, 2011 U.S. Dist. LEXIS 81915 (SD CA, July 26, 2011), a California federal magistrate judge denied a preliminary injunction to a Muslim inmate who sought to be placed on the prison's kosher diet program, and who complained about other infringements on his religious practice.

In Castle v. Hedgpeth, 2011 U.S. Dist. LEXIS 82289 (ED CA, July 26, 2011), a California federal magistrate judge recommended that a Muslim inmate's challenge to prison rules barring inmates from possessing prayer oils in their cells be dismissed on qualified immunity grounds. The temporary ban was imposed after a chaplain was accused of smuggling in contraband in prayer oil.

In Cookson v. Commissioner, Maine Department of Corrections, 2011 U.S. Dist. LEXIS 82393 (D ME, July 26, 2011), an inmate sued the state Commissioner of Corrections claiming that he discriminatorily applied state policy in refusing to recognize Satanism as a religion in the prison system.  While the litigation was pending, a new Commissioner of Corrections took over. A Maine federal magistrate judge recommended that the suit against the former commissioner (which sought only prospective relief) be dismissed, with the possibility of proceeding against the new commissioner left open, depending on his response to plaintiff's request for recognition of Satanism.

In Muhammad's Temple of Islam v. Pennsylvania Department of Corrections, (Commonwlth. Ct. PA, July 26, 2011), a Pennsylvania appellate court  rejected a complaint by a Nation of Islam inmate that prison authorities ended their separate recognition of MTI as a faith group (with separate religious services) and left adherents only the options of attending Sunni religious services or attending no congregate religious services.
[Updated]