In Kendrick v. Pope, (8th Cir., March 1, 2012), in a 2-1 decision, the U.S. 8th Circuit Court of Appeals held that an Arkansas inmate had adequately exhausted her administrative remedies relating to confiscation of her Catholic Bible, rosary beads, and other religious materials during a November 2007 cell shakedown. Judge Colloton concurred in part and dissented in part.
In Dayringer v. Webster, 2012 U.S. Dist. LEXIS 23771 (WD MO, Feb. 24, 2012), a Missouri federal magistrate judge rejected a Christian Separatist Church Society inmate's free exercise, equal protection and RLUIPA challenges to a Missouri Department of Corrections policy that limited inmates to possessing six books. It also rejected claims that searches of plaintiffs' cells were retaliatory.
In Garrison v. O'Dell, 2012 U.S. Dist. LEXIS 23905 (ED WA, Feb, 24, 2012), a Washington federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 153512, Nov. 18, 2011) and dismissed an inmate's complaint that his rights were infringed when correctional officers tampered with his food; said it looked "Jewishly kosher"; gave food plaintiff refused to other inmates; and mixed kosher and non-kosher foods.
In Trevino v. Martel, 2012 U.S. Dist. LEXIS 24296 (ND CA, Feb. 24, 2012), a California federal district court permitted a Native American inmate to move ahead with his complaint that prison officials denied him the use of tobacco for religious purposes and retaliated against him for filing grievances regarding tobacco by locking the gate to the religious sweat lodge.
In Saldana v. Borem, 2012 U.S. Dist. LEXIS 26131 (SD CA, Feb. 24, 2012), a California federal district court, rejecting in part a magistrate's recommendations (2011 U.S. Dist. LEXIS 153697, Dec. 16, 2011) dismissed, in part with leave to amend, complaints by an inmate who was a member of the Nahuatl/Aztec religion that a drawing with religious significance was seized as pornography.
In Locklear v. Thomas, 2012 U.S. Dist. LEXIS 25987 (ED NC, Feb. 29, 2012), a North Carolina federal district court dismissed 1st Amendment and RLUIPA claims regarding treatment of Native American inmates at a religious feast and plaintiff's being barred from attending a prayer circle.
In Easterling v. Pollard, 2012 U.S. Dist. LEXIS 26728 (ED WI, Feb. 29, 2012), a Wisconsin federal district court dismissed a claim by a Sunni Muslim inmate who insisted that he should observe Ramadan beginning 3 weeks earlier than the date set by the Figh Council of North America on which the Department of Corrections relies.
