Sunday, December 11, 2011

Recent Prisoner Free Exercise Cases

In Mitchell v. Texas Department of Criminal Justice, 2011 U.S. Dist. LEXIS 139638 (ND TX, Dec. 3, 2011), a Texas federal magistrate judge dismissed claims by a Sunni Muslim inmate that his rights under the 1st Amendment and RLUIPA were infringed when he was disciplined for failing to keep a medical appointment at the end of Ramadan.

In Lemcool v. Pool, 2011 U.S. Dist. LEXIS 139535 (ND FL, Dec. 3, 2011), a Florida federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 139536, Nov. 1, 2011) and dismissed complaints by a Wiccan inmate that she was refused 3-ring binders for religious writings, and that Tarot cards were limited to the chapel. However it refused to dismiss for lack of exhaustion a claim that she was not provided opportunities to celebrate Sabbat and Esbats.

In LeCompte v. Ricci, 2011 U.S. Dist. LEXIS 140586 (D NJ, Dec. 7, 2011), a New Jersey federal district court rejected a inmate's 1st Amendment and RLUIPA challenges to disciplinary action taken against him for establishing a business and providing false information to government agencies to conceal that some of those involved were incarcerated. The inmate claimed the business was an Islamic charity intended to assist at-risk women.

In Isbell v. Ryan, 2011 U.S. Dist. LEXIS 140469 (D AZ, Dec. 6, 2011), an Arizona federal district court permitted an Asatru inmate seeking a lacto-vegetarian diet to proceed with 1st Amendment and RLUIPA claims against several named defendants, finding that there remains a dispute as to whether the inmate's request was based on a sincerely held religious belief. The court said that sincerity of belief does not turn on objective knowledge of a religion. Nor is the centrality of a belief to the religion relevant to the free-exercise claim.

In McMichael v. Pallito, 2011 U.S. Dist. LEXIS 138124 (D VT, Dec. 1, 2011), a Vermont federal district court adopted a magistrate's recommendations (2011 U.D. Dist. LEXIS 140907, Oct. 24, 2011) and rejected an inmate's claim that delay in furnishing him a diet consistent with his Muslim beliefs infringed his free exercise rights.

In Thomas v. Taylor, 2011 U.S. Dist. LEXIS 141625 (SD IL, Dec. 9, 2011), an Illinois federal district court dismissed a complaint by a Muslim inmate who, while furnished a vegetarian diet consistent with his beliefs, instead wanted access to the kosher diet plan.