In Sisney v. Reisch, (8th Cir., March 19, 2012), the 8th Circuit agreed with the district court that a Jewish prisoner was not entitled to compensatory damages for authorities' refusal to permit him to erect and eat his meals in a Sukkah during the holiday of Sukkot. The PLRA permits damages only if there has been physical injury. The 8th Circuit also agreed that defendants were entitled to qualified immunity.
In Munoz v. Tilton, 2012 U.S. Dist. LEXIS 35412 (ND CA, March 15, 2012, a California federal district court allowed an inmate to move ahead with his claim that his free exercise and RLUIPA rights were infringed when authorities withheld religious CDs mailed to him because they were not from an approved vendor.
In Black v. Walker, 2012 U.S. Dist. LEXIS 35076 (MD GA, March 15, 2012), a Georgia federal district adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 35142, Feb. 13, 2012) and permitted a Muslim inmate to move ahead with his complaint that he has been disciplined for refusing to shave his beard.
In Kempvanee v. Skolnik, 2012 U.S. Dist. LEXIS 34858 (D NV, March 14, 2012), a Nevada federal district court adopted a magistrate's recommendations 2012 U.S. Dist. LEXIS 34857 (Feb.13, 2012), and dismissed free exercise and RLUIPA claims by an inmate who practices the Asatru religion. Plaintiff objected to confiscation of his cardboard religious altar and refusals to permit him to use the sweat lodge/sauna.
In Soria v. Nevada Department of Corrections, 2012 U.S. Dist. LEXIS 33956 (D NV, March 14, 2012), a Nevada federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 33953, Feb. 7, 2012) and dismissed a Jewish inmate's claim that his rights were infringed when authorities would not furnish him outdoor space and materials or funds for a Sukkah.
In Lute v. Johnson, 2012 U.S. Dist. LEXIS 36179 (D ID, March 16, 2012), a Jewish inmate alleged that he was wrongfully denied a kosher diet. The Idaho federal district court refused to dismiss his claim at this time, but gave him 10 days to submit evidence of the sincerity of his religious beliefs.
In Smith v. Perlman, 2012 U.S. Dist. LEXIS 36642 (ND NY, March 19, 2012), a New York federal district court permitted a Muslim plaintiff to move ahead with has claim that while in keeplock he was wrongly denied permission to attend congregate religious services. However it dismissed his complaint that on one occasion he was not taken to a Saturday study group. The magistrate's recommendation in the case is at 2012 U.S. Dist. LEXIS 36838, Feb. 28, 2012.
In Funtanilla v. Williams, 2012 U.S. Dist. LEXIS 36808 (ED CA, March 16, 2012), a California federal district court permitted a Seventh Day Adventist inmate to move ahead with his claims that he was not permitted to place a copy of the Ten Commandments above his cell door, he was not provided with enough food so that he did not have to walk on the Sabbath, and was not allowed to attend group services. His claim as to lack of a pastor on Saturdays was dismissed.
