In Mitchell v. Skolnik, 2011 U.S. Dist. LEXIS 90126 (D NV, Aug. 11, 2011), a Nevada federal district court, while dismissing some claims for failure to exhaust administrative remedies, permitted an African-American Hebrew Israelite inmate to move ahead with claims that officials retaliated against him for filing grievances by failing to schedule Jewish services and confiscating religious head wear. He was also permitted to proceed with claims that his rights were violated when he was denied kosher meals because his faith had not been verified by an outside organization.
In Robinson v. Florida Parole Commission, 2011 U.S. Dist. LEXIS 90707 (MD FL, Aug. 15, 2011), a Florida federal district court upheld revocation of petitioner's parole for violating curfew. The court rejected petitioner's claim that the curfew violated his free exercise rights. He claimed he was conducting church business at the time he was found to be out after curfew.
In King v. Bell, 2011 U.S. Dist. LEXIS 90750 (ED TN, Aug. 11, 2011), a Tennessee federal district court denied a death-row inmate's numerous objections to his conviction, including a claim that his rights were violated when the court excused for cause a potential juror who said she could not impose the death penalty because of the Biblical admonition against killing.
In Ghana v. New Jersey State Parole Board, 2011 U.S. Dist. LEXIS 91121 (D NJ, Aug. 15, 2011), plaintiff claimed that officials infringed his right to practice his African Hebrew Israelites of Jerusalem faith. The court held that plaintiff's claim for injunctive relief is moot because he has been transferred to a different prison facility. He was given 14 days to file the pretrial memorandum as to damage claims that he had failed to file in the past. If not filed, the case will be dismissed.
In Penwell v. Holtgeertz, 2011 U.S. Dist. LEXIS 91303 (WD WA, Aug. 16, 2011), a Washington federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 91302, July 15, 2011), and, in a case on remand from the 9th Circuit, denied defendant's motion for summary judgment. It held that the factual record has been insufficiently developed as to whether restrictions on an inmate's attending group worship services and consulting with a chaplain while in Administrative Segregation violated the 1st Amendment or RLUIPA.
In Mathis v. Brazoria County Sheriff's Office, 2011 U.S. Dist. LEXIS 91827 (SD TX, Aug. 17, 2011), a Texas federal district court upheld a county jail's policy of refusing to provide kosher meals to plaintiff, and instead offering him only a pork-free diet.
In Argue v. Current MDOC Special Activities Director, 2011 U.S. Dist. LEXIS 92270 (WD MI, Aug. 17, 2011), a Michigan federal district court dismissed, partially on mootness grounds, RLUIPA claims by an inmate seeking a kosher diet and transfer to a facility where he could attend Jewish worship services. The court also held that RLUIPA claims do not lie against prison officials in their personal capacities.
