Tuesday, October 18, 2011

Recent Prisoner Free Exercise Cases

In Smith v. Marshall, 2011 U.S. App. LEXIS 20619 (9th Cir., Oct. 11, 2011), the 9th Circuit Court of Appeals held that a prison's restrictions on third-party purchases of prayer oil did not substantially burden an inmate's ability to practice his religion.

In Davis v. Thaler, 2011 U.S. Dist. LEXIS 116912 (SD TX, Oct. 6, 2011), a Texas federal district court rejected claims of a Christian Nazarite prisoner that his rights under the 1st Amendment and RLUIPA were violated by requiring him to cut his hair and beard.

In Jones v. Petty, 2011 U.S. Dist. LEXIS 111368 (MD GA, Sept. 29, 2011), a Georgia federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 116716, Sept. 6, 2011) and allowed a Muslim inmate to proceed with his claim for nominal damages because of interference with his use of a prayer rug and with his non-pork diet.

In Goodson v. Maggi, 2011 U.S. Dist. LEXIS 82702 (WD PA, July 27, 2011), a Pennsylvania federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 116853, July 6, 2011) and dismissed an inmate's complaint that while in the Special Housing Unit he was denied religious meetings, including ones with a Catholic representative, and no church services were available to him.

In Smith v. Thomas, 2011 U.S. Dist. LEXIS 117482 (ED VA, Oct. 12, 2011), a Virginia federal district court adopted a magistrate's recommendations and rejected an inmate's complaint that he was denied the opportunity to receive religious materials from the chaplain's cart or office while he was in administrative segregation.

In Iscaro v. Unknown Party #1, 2011 U.S. Dist. LEXIS 116997 (WD MI, Oct. 11, 2011), a Michigan federal district court rejected an inmate's claim that his rights were violated when he was denied clergy visits with two specified individuals.

In Williams v. Dart, 2011 U.S. Dist. LEXIS 116993 (ND IL, Oct. 11, 2011), an Illinois federal district court rejected an inmate's claim that he was able to attend only one communal Muslim service and was not provided a proper religious diet during his four-months in the Cook County Jail.