Note to readers: Last week I experimented with a new format for my weekly review of prisoner free exercise cases-- a format that did not include a fact summary for the cases. In response I received many more e-mails than I expected from readers who make significant use of the summaries. So I am re-instituting the summaries when the number of recent prisoner cases permit me to do so with a reasonable expenditure of time. Thanks to all who communicated with me.
In Ryidu-x v. Wolfe, 2011 U.S. Dist. LEXIS 123543 (D MD, Oct. 25, 2011), a Maryland federal district court permitted an inmate to move ahead with claims that he was improperly denied commissary, purchasing, and mail privileges, and access to records because of his use of his legally recognized changed Islamic name.
In Hughes v. El Dorado Correctional Facility, 2011 U.S. Dist. LEXIS 124014 (D KS, Oct. 26, 2011), a Kansas federal district court concluded that an inmate's religious exercise was not substantially burdened when, on a single occasion, a corrections officer interrupted his praying to deliver his food tray.
In Lee v. Oktibbeha County Sheriff's Department, 2011 U.S. Dist. LEXIS 123705 (ND MS, Oct. 25, 2011), a Mississippi federal district court held that no free exercise violation was shown in a single instance in which a prison guard interfered with an inmate's ability to save food from one of his meals to eat in the evening after his fast ended.
In Birkes v. Mills, 2011 U.S. Dist. LEXIS 123742 (D OR, Oct. 25, 2011), an Oregon federal district court adopted a magistrate's recommendations (2011 U.S.Dist. LEXIS 123949, Sept. 28, 2011) and dismissed an inmate's complaint that he was not permitted to receive a copy of "The White Man's Bible" that he had ordered through the mail. Among other things, the court found that plaintiff's White supremacist "Creativity" beliefs do not qualify as a religion. Alternatively it found that his rights were not violated even if it is a religion.
In Warner v. Patterson, 2011 U.S. Dist. LEXIS 124367 (D UT, Oct. 27, 2011), an Odinist (or Asatru) inmate alleged that prison authorities failed to accommodate his religious practices in a number of ways. The court dismissed all plaintiff's claims except for his claim that denial of fast-boxes was motivated by purposeful discrimination against the Asatru religion.
In Trimble v. Allen, 2011 U.S. Dist. LEXIS 124447 (MD AL, Oct. 26, 2011), an Alabama federal district court denied a preliminary injunction to plaintiff who was seeking to use tobacco in his religious ceremonies in prison.
In Versatile v. Johnson, 2011 U.S. Dist. LEXIS 124541 (ED VA, Oct. 26, 2011), a Virginia federal district court rejected an inmate's claim under RLUIPA that he was impeded in exercising his Nation of Gods and Earths (NGE) religion when prison officials banned NGE texts. It also rejected his complaints regarding processing of his request to have NGE recognized as a religion. Among other things, the court found that NGE is not a religion for purposes of RLUIPA. UPDATE: The magistrate's recommendations in the case are at 2011 U.S. Dist. LEXIS 126336, June 22, 2011.
