Sunday, March 11, 2012

Recent Prisoner Free Exercise Cases

In Funderburk v. Neven, (9th Cir., March 6, 2012), the 9th Circuit upheld the dismissal of a claim by a former state prisoner that his free exercise rights were violated when he was not provided a sack lunch as part of the prison's  Ramadan meals.

In Thompson v. Smeal, 2012 U.S. Dist. LEXIS 27456 (MD PA, March 1, 2012), a Pennsylvania federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 27967, Feb. 3, 2012) and rejected claims by a Catholic inmate that the Department of Corrections should designate Christmas and Easter each year as feast days and serve the same type of food that is served for feasts of other religions.

In Rich v. Buss, 2012 U.S. Dist. LEXIS 28306 (ND FL, March 4, 2012), a Florida federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 28304, Jan. 12, 2012), and dismissed a Jewish inmate's RLUIPA, free exercise and 8th Amendment challenges to Florida's refusal to provide kosher meals to inmates. Instead it offers vegan meals and meat-free alternative entrees.

In Jean-Pierre v. Bureau of Prisons, 2012 U.S. Dist. LEXIS 28737 (WD PA, March 2, 2012), a Pennsylvania federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 28736, Feb.13, 2012) and dismissed a complaint by a Rastafarian inmate over the decision to remove him from the prison's Certified Religious Diet Program. The court held that the decision was reasonably related to legitimate penological interests and thus did not violate plaintiff's free exercise rights. The court also rejected plaintiff's equal protection claim.

In Myslicki v. Gage, 2012 U.S. Dist. LEXIS 29282 (WD TX, March 6, 2012), a Texas federal magistrate judge recommended dismissing as too vague a claim by a paroled inmate in a transition center that he is not allowed to attend the unspecified outside church of his choice on Saturdays or Sundays. He can attend church services at his transition center.

In Watson v. Mecklenburg County Jail, 2012 U.S. Dist. LEXIS 28360  (WD NC, March 2, 2012), a North Carolina federal district court dismissed an inmate's complaint regarding the scheduled time for Muslim Jumah prayer services and a one-time interruption of plaintiff's prayer.

In Cain v. Caruso, 2012 U.S. Dist. LEXIS 29380 (WD MI, March 6, 2012), a Michigan federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 29376, Jan. 31, 2012) and dismissed a number of claims by a former inmate who is a follower of the African Shetaut Neter Ausarain religion, but permitted plaintiff to move ahead with his damage claim for violation of his 1st Amendment free exercise rights when he was deprived of his religious diet for 8 days.