In Curry v. California Department of Corrections, 2012 U.S. Dist. LEXIS 38464 (ND CA, March 21, 2012), a California federal district court rejected an inmate's claim that his rights were infringed when he was not permitted to obtain scented oil for the practice of his Shetaut Neter religion. The court called for additional evidence and argument on plaintiff's request for a religious Kemetic diet.
In Contreraz v. Adams, 2012 U.S. Dist. LEXIS 38512 (ED CA, March 21, 2012), a California federal district court dismissed for failure to exhaust administrative remedies claims by a Native American inmate who observes the Olin Pyramid religion who sought a religious diet and chapel access to perform full moon rituals. The court allowed plaintiff to move ahead with his challenge to a denial of a religious exemption from grooming standards.
In Garraway v. Lappin, 2012 U.S. Dist. LEXIS 38712 (MD PA, March 21, 2012), a Pennsylvania federal district court in a lengthy opinion dismissed a series of challenges to prison practices brought by a Muslim inmate serving a life sentence as a military prisoner. At issue were chapel scheduling for group prayer, lack of a full time Sunni Muslim chaplain, alleged delay in delivery of Islamic books sent through the mail, religious diet claims, clothing and dress issues, withholding or limiting access to Islamic tapes, magazines and books, withholding of prayer oil and ceremonial items, distribution of Bible quotes by Christian inmates, the method in which funds are allocated among religious groups, denial of chapel use for teaching Arabic, and allowing non-Muslims to participate in Muslim observances.
In Diggs v. Marikah, 2012 U.S. Dist. LEXIS 38483 (SD NY, March 20, 2012), a New York federal district court permitted a Muslim inmate to move ahead with his free exercise challenge to the refusal to allow him to attend weekly congregate Jumu'ah services.
In Cole v. Jones, 2012 U.S. Dist. LEXIS 37960 (MD AL, March 21, 2012), an Alabama federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 38448, March 1, 2012) and dismissed, among other claims, an inmate's contention that his free exercise rights were infringed by restrictions on him while he was in a restricted privilege dorm that prevented him from attending church services. It reached a similar conclusion as to any RLUIPA claim.
In Hamilton v. Fisher, 2012 U.S. Dist. LEXIS 39116 (ND NY, March 22, 2012), a New York federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 39118, Feb. 29, 2012) and dismissed, with leave to amend, an inmate's allegations that authorities refused to acknowledge his claim that he is Jewish and furnish him a kosher diet. Plaintiff failed to allege enough facts to permit the court to evaluate whether he had a valid free exercise or RLUIPA claim.
In Hall v. Skolnik, 2012 U.S. Dist. LEXIS 39684 (D NV, March 23, 2012), a Nevada federal district court rejected an inmate's claim that his rights were violated when he was denied kosher meals. The court found that plaintiff had not shown a sincere religious belief, nor did he show that the kosher meal policy was implemented with an intent to discriminate against the prison's African-American Jewish population.
In Jamison v. Davue, 2012 U.S. Dist. LEXIS 40266 (ED CA, March 23, 2012), a California federal magistrate judge dismissed, with leave to amend, an inmate's conclusory allegations that he has had difficulty obtaining kosher meals.
The March 28 Las Vegas Review Journal reports that a settlement has been reached in a class action suit brought against the Nevada Department of Corrections by an Orthodox Jewish inmate over kosher food. Under the agreement, prison authorities will obtain rabbinic kosher certification for the prison's "common fare" diet. The parties agreed to a 6-month stay of the pending litigation while the agreement is implemented.
In Green v. Sneath, 2012 U.S. Dist. LEXIS 41199 (MD PA, March 26, 2012), a Pennsylvania federal district court rejected a Muslim inmate's free exercise and RLUIPA claims growing out of his Qur'an being left behind and accidentally thrown out when he was transferred to a different cell. He was quickly provided with a new Qur'an, but it was not the translation he preferred. The correct translation was eventually ordered and furnished to him several months later.
