Wednesday, October 05, 2011

Recent Prisoner Free Exercise Cases

In Deville v. Crowell, 2011 U.S. Dist. LEXIS 111107 (D KA, Sept. 28, 2011), a Kansas federal district court rejected claims by a federal inmate seeking group religious services reflecting his Creativity Prison Ministries (White Nationalist) beliefs, as well as his complaint that he was not receiving the Common Fare diet.

In Yassin v. Corrections Corporation of America, 2011 U.S. Dist. LEXIS 110393 (SD CA, Sept. 27, 2011), a California federal district court permitted a Muslim inmate to move ahead with his claim that refusal to provide him a halal diet violated his free exercise, equal protection and RFRA rights.

In Dean v. Hazewood, 2011 U.S. Dist. LEXIS 110890 (ED CA, Sept. 27, 2011), a California federal magistrate judge permitted a Muslim inmate to move forward with his claim that his free exercise and privacy rights were violated when he was subjected to an unclothed body search in front of a female correctional officer.

In Hopson v. TDCJ-CID, 2011 U.S. Dist. LEXIS 111387 (ED TX, Sept. 29, 2011), a Texas federal district court dismissed as moot an inmate's complaint that Native American prisoners are not permitted to gather for group worship, because now a contract chaplain has been hired. The court held that plaintiff had failed to exhaust his administrative remedies in connection with complaints about the lack of pipe ceremonies and oral teachings, smudging, access to non-desecrated religious prayer paraphernalia and honoring of Native American memorial days. UPDATE: The magistrate's recommendations are at 2011 U.S. Dist. LEXIS 116466, Aug. 12, 2011.

In McKinley v. Maddox, 2011 U.S. Dist. LEXIS 111307 (WD OK, Sept. 28, 2011), an Oklahoma federal district court held that an inmate's free exercise rights were not substantially burdened by a temporary delay in approving his attending off-site church services. UPDATE: The magistrate's recommendations are at 2011 U.S. Dist. LEXIS 116292, Aug. 8, 2011.

In Schuh v. Michigan Department of Corrections, 2011 U.S. Dist. LEXIS 112540 (WD MI, Sept. 30, 2011), a Michigan federal district court rejected a defendant's complaint that his rights were violated when he was denied kosher meals until he showed that he had a sufficient and sincere understanding of the Jewish faith. UPDATE: The magistrate's recommendations are at 2011 U.S. Dist. LEXIS 115692, Feb. 11, 2011.

In McChesney v. Hogan, 2011 U.S. Dist. LEXIS 112525 (ND NY, Sept. 30, 2011), a New York federal district court permitted a civilly committed inmate who is an atheist to move ahead with his claims that his required sex offender treatment program is based in part on religious tenets in violation of the Establishment Clause and of his free exercise rights.

In Moore v. Cucchi, 2011 U.S. Dist. LEXIS 112582 (D NJ, Sept. 29, 2011), a New Jersey federal district court rejected a Buddhist inmate's free exercise and RLUIPA claims regarding problems with his vegetarian diet.