In McKennie v. Texas Department of Criminal Justice, 2012 U.S. Dist. LEXIS 16924 (WD TX, Feb. 10, 2012), a Texas federal district court held that the rights of a Hebrew-Israelite inmate under RLUIPA were not violated when he was not permitted to congregate on the Sabbath with his fellow believers without a religious volunteer present and was not provided a vegan diet.
In Mathis v. Manza, 2012 U.S. Dist. LEXIS 17147 (WD PA, Feb.9, 2012), a Pennsylvania federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 17148, Jan 18, 2012) and dismissed equal protection and Establishment Clause claims brought by a non-religious inmate in a jail's restricted housing unit who complained that religious inmates are allowed access to religious texts and jail visits from religious advisers, while he is not allowed access to non-religious texts and extra visits.
In Delgado v. Ballard, 2012 U.S. Dist. LEXIS 16807 (SD WV, Feb. 10, 2012), a West Virginia federal district court rejected RLUIPA. equal protection and retaliation claims by an inmate who adhered to a Taino/Arawak belief system. Plaintiff complained about hair length restrictions, restrictions on tobacco use, restrictions on his use of music during religious observances and interference with his mail. The magistrate's recommendations are at 2011 U.S. Dist. LEXIS 153093, Oct. 6, 2011.
In Santos v. Allen, 2012 U.S. Dist. LEXIS 17206 (D NV, Feb. 13, 2012), a Nevada federal district court held that an inmate had no free exercise claim based on the loss or destruction of a mail-order Passover meal. However the court permitted another free exercise claim, not described in the opinion, to proceed.
In Hallman v. Metts, 2012 U.S. Dist. LEXIS 17393 (D SC, Feb. 13, 2012), a South Carolina federal district court rejected a Muslim inmate's claims that he was not provided adequate and appropriate meals during Ramadan, that he was not provided adequate privacy in communal rest rooms, that n Imam was provided and that he was prevented from praying with other Muslims. The magistrate's recommendation in the case is at 2012 U.S. Dist. LEXIS 17390, Jan. 19, 2912.
In Shabazz v. Virginia Department of Corrections, 2012 U.S. Dist. LEXIS 17746 (ED VA, Feb. 13, 2012), a Virginia federal district court ordered various defendants to file a memo explaining their position on equal protection, free exercise and RLUIPA claims of a Nation of Islam plaintiff who wished to purchase Nation of Islam non-music CDs directly from The Final Call. Prison authorities required him to go through the Faith Review Committee for approval to add them to the catalog of the prison's distributor.
In Murden v. DeRose, 2012 U.S. Dist. LEXIS 19112 (MD PA, Feb. 15, 2012), a Pennsylvania federal district court rejected an inmate's claim that his free exercise rights were infringed when, his copy a Qur'an was confiscated for 16 days in a general cleaning of cell contents undertaken in response to a riot.
In Mujahid v. Cunningham, 2012 U.S. Dist. LEXIS 19773 (WD WA, Feb. 16, 2912), a Washington federal district court dismissed an inmate's complaint that unidentified mail room staff trashed or rejected several religious books, magazines and publications. The magistrate's recommendation is at 2011 U.S. Dist. LEXIS 153281, Nov. 8, 2011.
In Barbosa-Orona v. Flores-Dasta, 2012 U.S. Dist. LEXIS 19951 (D PR, Feb. 15, 2012), a Puerto Rico federal district court held that a Catholic inmate who claims he had made a religious vow not to cut his hair had failed to exhaust his administrative remedies before suing over the forced cutting of his hair by prison guards.
In Palermo v. Wrenn, 2012 U.S. Dist. LEXIS 19154 (D NH, Feb. 8, 2012), a New Hampshire federal magistrate judge recommended permitting an inmate to move ahead with his free exercise, RLUIPA and equal protection claims against two defendants. Plaintiff alleged that he was denied access to Asatrú religious services, religious items, literature, and a religious diet on the basis that Asatrú is not a religion, but a white supremacist group.
In Vazquez v. Waln, 2012 U.S. Dist. LEXIS 18186 (D NC, Feb. 14, 2012), a North Carolina federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 153278, Nov. 28, 2011) and permitted an inmate to move ahead with his free exercise and RLUIPA claims that a correctional officer
interfered with his religious practices by seizing his Religious Box which he needed to engage in prayers. However the court rejected his due process challenge to the seizure.
