In Shepherd v. Goord, (2d Cir., Nov. 15, 2011), the 2nd Circuit held that 42 U.S.C. § 1997e(d)(2) which caps any attorney fee award in prisoner cases at 150% of of damages applies to prisoner cases in which only nominal damages are awarded. In the case, a jury awarded $1 in damages to an inmate whose Rastafarian religious beliefs were violated by correction officials touching his dreadlocks during a search. Attorneys fees payable by defendants were thus limited to $1.50.
In Cobb v. Mendoza-Powers, 2011 U.S. Dist. LEXIS 131017 (ED CA, Nov. 14, 2011), a California federal magistrate judge rejected an inmate's claim that his rights under the 1st Amendment and RLUIPA were violated when he was required to shave his head against his religious beliefs.
In Thompson v. Hoops, 2011 U.S. Dist. LEXIS 131130 (CD CA, Nov. 9, 2011), a California federal magistrate judge permitted a pre-trial detainee to move ahead with his claim that his free exercise rights were infringed when prison authorities refused to give him access to ceremonial oils, an Assemblies of Yahweh religious text and chaplain, and refused to allow him to participate in his religion's holy days and feasts.
In Brown v. Alden, 2011 U.S. Dist. LEXIS 131343 (ED WA, Nov. 14, 2011), a Washington federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 131347, Oct. 13, 2011), and permitted an inmate who self-identified as Jewish to move ahead with his complaint that he was denied access to Jewish chapel on Fridays for group worship, candle lighting, and access to Jewish materials.
In Hawkins v. Hollingsworth, 2011 U.S. Dist. LEXIS 131582 (SD IL, Nov. 15, 2011), an Illinois federal district court refused to dismiss claims by an inmate that his free exercise rights were violated when he was denied the right to assemble, time for prayer and study, the right to watch videos, and a religious diet. Plaintiff was also permitted to move ahead on his complaint that his House of Yaweh group was not given its own separate worship time, but, instead, was placed with another religious group.
In Mootry v. Flores, 2011 U.S. Dist. LEXIS 132266 (ED CA, Nov. 16, 2011), a California federal magistrate judge recommended dismissal on various grounds of a Muslim inmate's complaint that his rights under the 1st Amendment and RLUIPA were being violated by prison rules that required a chaplain or outside volunteer before group religious services could be held. The lack of volunteers and delays in hiring a Muslim chaplain led to an absence of Friday Jum'ah services for over a year.
