Sunday, November 06, 2011

Recent Prisoner Free Exercise Cases

In Olivier v. Scribner, 2011 U.S. Dist. LEXIS 125755 (SD CA, Oct. 31, 2011), a California federal district court dismissed an inmate's complaint that he was not provided a kosher diet. Plaintiff failed to allege sufficient facts to support a claim under RLUIPA or the 1st Amendment.

In Funtanilla v. Williams, 2011 U.S. Dist. LEXIS 126238 (ED CA, Oct. 31, 2011), a California federal magistrate judge allowed a Seventh Day Adventist, incarcerated at a substance abuse and treatment facility, to proceed with his complaint that he was not permitted to post a copy of the 10 Commandments on his door. However the court dismissed, with leave to file an amended complaint, plaintiff's claims that his rights were violated when he was not furnished a pastor or access to group services or provided with food at his cell on the Sabbath.

In Saif'ullah v. Haviland, 2011 U.S. Dist. LEXIS 126249 (ED CA, Oct. 31, 2011), a California federal magistrate judge held that a Muslim inmate failed to state a habeas corpus claim in his complaint that his parole suitability hearing was held during Ramadan and in his complaints he was not given his cup when the Ramadan daily fast was over and was denied an evening meal on one occasion.

In Whitfield v. Illinois Department of Corrections, 2011 U.S. Dist. LEXIS 126475 (SD IL, Nov. 2, 2011), an Illinois federal magistrate judge, while dismissing a number of claims, allowed an inmate (whose religion was not specified in the opinion) to proceed with individual capacity damage claims based on alleged denial of religious meals, unequal allocation of funds for religious programs and services, forcing plaintiff to get a TB shot on the Sabbath, and inadequate training of personnel.

In Gregorio v. Aviles, 2011 U.S. Dist. LEXIS 127155 (D NJ, Nov. 3, 2011), a New Jersey federal district court dismissed, with leave to amend, an inmate's claim that his 1st Amendment and RLUIPA rights were violated because his portion of the prison was not allowed to attend religious services.