In Low v. McGinness, 2012 U.S. Dist. LEXIS 20428 (ED CA, Feb. 16, 2012), a California federal magistrate judge recommended dismissing a claim by a Muslim prisoner that while he was a pre-trial detainee his request for a copy of the Qur'an and Islamic prayer literature was denied. The magistrate recommended that plaintiff's claim that he was denied a halal diet be dismissed, but with an opportunity to amend.
In Lindsay v. Earlston, 2012 U.S. Dist. LEXIS 20627 (MD PA, Feb. 17, 2012), a Pennsylvania federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 20720, Jan. 13, 2012) and dismissed free exercise and RLUIPA claims by a Nation of Islam inmate who complained, among other things, of disparaging remarks made about African-American inmates with dreadlocks; a one-time mistaken refusal to show a video of Minister Louis Farrakhan; refusal to videotape NOI meetings for airing on the institutional channel; and refusal for NOI inmates to participate in a fast and feast separate from other Muslim inmates.
Miles v. Moore, 2012 U.S. Dist. LEXIS 21641 (ED VA, Feb. 21, 2012) is a case on remand from the 4th Circuit which ordered the district court to evaluate whether a prison policy limiting the periods during which an inmate could be added to a pass list to attend religious services is the least restrictive means to further a compelling governmental interest. The district court ordered defendants to file a motion setting out their position on this issue and also denied a motion to disqualify the state attorney general's office from representing the prison chaplain.
In Evans v. Somers, 2012 U.S. Dist. LEXIS 20890 (ED NC, Feb. 17, 2012), a North Carolina federal district court dismissed an inmate's challenge to a disciplinary action against him after he was observed nude in his cell. Plaintiff argued that he was nude because he was performing Ghusl, ceremonial washing before Jum'ah prayer. However he was observed nude outside the time period permitted by prison regulations for performing Ghusl.
In Vigil v. Colorado Department of Corrections, 2012 U.S. Dist. LEXIS 21090 (D CO, Feb. 21, 2012) a Colorado federal district court adopted in part a magistrate's recommendations (2012 U.S. Dist. LEXIS 20934, Jan. 24, 2012) and refused to dismiss an inmate's claim that RLUIPA requires recognition of his "Judeo-Christianity" as a faith group and that he should be permitted to participate in accompanying Jewish and Christian practices, including Communion.
In Gee v. Fischer, 2012 U.S. Dist. LEXIS 21279 (ND NY, Feb. 21, 2012), a New York federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 21280, Jan. 23, 2012) and refused to dismiss an inmate's claim that the prison system's hiring only of Sunni Muslim clergy, and its failure to hire Shi'i clergy and to provide Shi'i Friday Prayer Services, violate his free exercise and equal protection rights.
In Milhouse v. Bledsoe, 2012 U.S. Dist. LEXIS 22704 (MD PA, Feb. 23, 2012), a Pennsylvania federal district court dismissed a Muslim inmate's claim that his free exercise rights were infringed when special management unit inmates were precluded from attending or listening to group religious services, and when components of the special meal at the end of Ramadan were served to non-Muslim inmates as well, thus detracting from the special nature of the meal.
In Fard v. Arpaio, 2012 U.S. Dist. LEXIS 22919 (D AZ, Feb. 22, 2012), an Arizona federal district court dismissed, with leave to amend, an inmate's claim that his free exercise rights were violated when, during a morning check, a detention officer spoke loudly to him and threatened him while he was praying next to his bed.
In Abdul-Mateen v. Phipps, 2012 U.S. Dist. LEXIS 23216 (WD VA, Feb. 22, 2012), a Virginia federal district court permitted a Muslim inmate to move ahead with various of his claims that his rights under RLUIPA were infringed when officials refused to change his medication schedule to make it consistent with rules relating to the Ramadan fast.
