Sunday, September 11, 2011

Recent Prisoner Free Exercise Cases

In Elfand v. County of Sonoma, 2011 U.S. Dist. LEXIS 99173 (ND CA, Aug. 29, 2011), a California federal district court permitted a Jewish inmate to proceed with his claim that the Sonoma county jail has a policy of not providing for temporary religious meals while an inmate is attempting to request them, and that this caused him not to receive kosher meals for approximately one month.

In Lefler v. McKee, 2011 U.S. Dist. LEXIS 99256 (WD MI, Sept. 2, 2011), a Michigan federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 99232, Aug. 10, 2011) and dismissed an inmate's complaint that the prison's chaplain failed to organize a Seventh Day Adventist religious group in a timely manner and when he did he scheduled the group to meet on Thursdays instead of Saturdays.

In Grimes v. Tilton, 2011 U.S. Dist. LEXIS 99944 (SD CA, Sept. 6, 2011), a California federal district court refused to grant defendants summary judgment on qualified immunity grounds in a Christian inmate's First Amendment challenge to prison regulations-- subsequently modified-- that called for verification of an inmate's religious beliefs before the inmate would be provided with a vegetarian diet.

In Dawson v. California Department of Corrections and Rehabilitation, 2011 U.S. Dist. LEXIS 100287 (ND CA, Sept. 7, 2011), a California federal district court dismissed an inmate's free exercise and equal protection challenges to regulations barring family visits for prisoners serving a life sentence without a parole date, or for prisoners housed in heightened security status. Plaintiff had claimed that the regulations prevented him and his wife "from 'consummating their marriage,' which has 'placed he and his wife on a path to temptation and sin, and ultimately divorce, which also is in contradiction with his faith.'"

In Daley v. Lappin, 2011 U.S. Dist. LEXIS 100624 (MD PA, Sept. 7, 2011), a Pennsylvania federal district court dismissed a complaint by a Rastafarian inmate who complained that he was denied an "Ital" (vegan) diet consistent with his religious beliefs.

In McCray v. McElvogue, 2011 U.S. Dist. LEXIS 101034 (D SC, Sept. 1, 2011), a South Carolina federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 100879, July 20, 2011) and dismissed a Muslim inmate's complaint that he cannot purchase religious oils, and that prayer rugs are not sold at the prison commissary. His complaint he was not permitted to speak to Muslim instructors was contradicted by a fellow-inmate's affidavit.

In Phillips v. Ayers, 2011 U.S. Dist. LEXIS 100459 (CD CA, Sept. 7, 2011), a California federal district judge adopted a magistrate's amended report and dismissed a Muslim inmate's claims. The magistrate's report-- apparently before it was amended-- is at 2011 U.S. Dist. LEXIS 100461 (April 8, 2011). It rejects claims that plaintiff's rights were violated by rules prohibiting use of the prison chapel for group prayers unless supervised by staff or a volunteer chaplain.

In O'Neal v. San Bernardino Sheriff's Department, 2011 U.S. Dist. LEXIS 100460 (CD CA, Sept. 7, 2011), a California federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 143671, Dec. 6, 2010) and dismissed with leave to amend a pre-trial detainee's claim that his free exercise rights were violated because of problems with receiving sufficient food in his vegan diet. Plaintiff failed to allege a connection between veganism and his Baptist faith.

In Strickland v. Sumner County Jail, 2011 U.S. Dist. LEXIS 101533 (MD TN, Sept. 8, 2011), a Tennessee federal district court dismissed claims by a jail inmate that his 1st Amendment rights were violated by his being "forced" to listen to Christian teachings.