Tuesday, April 03, 2012

Recent Prisoner Free Exercise Cases-- Installment #2 For the Week

In Blount v. Tate, 2012 U.S. Dist. LEXIS 41350 (WD VA, March 26, 2012), a Virginia federal district court  rejected a Muslim inmate's complaint that officers tore his Qur'an and destroyed his prayer necklace in searching his cell while he was out; his special Eid meal was not served on a Common Fare tray; and he was not allowed to order a Pocket Salat.

In Walker v. Fischer, 2012 U.S. Dist. LEXIS 40842 (ND NY, March 26, 2012), a New York federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 40846, Feb. 27, 2012) and rejected a Muslim inmates complaint that authorities refused to provide him with a Kosher Diet in lieu of the prescribed Controlled "A" High Fiber Diet he was receiving. It also rejected his complaint about the Ramadan feast menu he received in the Special Housing Unit. However the court permitted him to proceed with a claim that prison officials refused to broadcast Jumuah sermons to his SHU cell.

In Crump v. Michigan Department of Corrections, 2012 U.S. Dist. LEXIS 40542 (ED MI, March 26, 2012), a Michigan federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 154344, Nov. 14, 2011) and dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint that prison authorities have endorsed an anti-Shi'a, Wahhabi Islamic sect in the prison and thereby have created an environment in which it is impossible for him to safely practice his Shi'a faith.

In Epps v. Grannis, 2012 U.S. Dist. LEXIS 41889 (SD CA, March 26, 2012), a California federal district court adopted in part and rejected in part a magistrate's report (2011 U.S. Dist. LEXIS 154398, Dec. 1, 2011) and permitted a Muslim inmate to proceed with several claims under RLUIPA relating to Ramadan observance, religious diet and confiscation of photocopies of a book. The court dismissed most of the 1st Amendment challenges to the same practices.

In Earls v. Michigan Department of Corrections, 2012 U.S. Dist. LEXIS 41806 (WD MI, March 27, 2012), a Michigan federal district court adopted in part a magistrate's recommendation (2012 U.S. Dist. LEXIS 41805, Feb. 17, 2012) and dismissed claims by a former inmate now on parole that prison officials "refuse to acknowledge the Methodist religion as a sect of Protestant Christianity."

In Crump v. Winn, 2012 U.S. Dist. LEXIS 41535 (ED MI, March 27, 2012), a Michigan federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 41539, March 5, 2012) and dismissed a Muslim inmate's claim that the deputy warden changed the Muslim prayer time in a way that placed a substantial burden on his free exercise of religion.

In Christen v. Washington Department of Corrections, 2012 U.S. Dist. LEXIS 42201 (WD WA, March 27, 2012), a Washington federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 42202, Feb. 16, 2012) and dismissed the complaint of an inmate regarding the signature he used on grievances. He claims he is a Restoration Druid and when "forced to interact with foreign jurisdictions" he must use a "signature-in-dishonor" demonstrating his mark accompanied by "UCC 1-207 and "all rights reserved/without prejudiced, abbreviated as ARR/WOP."

In Holt v. Hobbs, 2012 U.S. Dist. LEXIS 39752 (ED AR, March 23, 2012), an Arkansas federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 40942, Jan. 27, 2012) and dismissed a preliminary injunction request, upholding the requirement that a Muslim inmate shave his beard in compliance with the prison's grooming policy.

In Ruley v. Stovall, 2012 U.S. Dist. LEXIS 41948 (ED KY, March 27, 2012), a Kentucky federal district court dismissed an inmate's 1st Amendment and RLUIPA challenges to the confiscation of his Satanic Bible.

In Robinson v. Jimenez, 2012 U.S. Dist. LEXIS 43095 (ED NY, March 26, 2012), a New York federal district court adopted a portion of a magistrate's recommendations (2012 U.S. Dist. LEXIS 43097, March 6, 2012), and dismissed a 1st Amendment challenge to an incident in which Jewish prisoners' use of the religious purpose room for Rosh Hashanah services was interrupted and they were required to leave because of an erroneous scheduling conflict by which Muslim inmates had reserved the room for Ramadan services at the same time.

In Dobson v. Vail, 2012 U.S. Dist. LEXIS 42939 (WD WA, March 28, 2012), a Washington federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 42937, Feb. 16, 2012), and dismissed an Asatru inmate's free exercise, RLUIPA and establishment clause challenges, as well as 8th and 14th Amendment challenges, to a requirement that he participate in a program known as the Right Living Model. Plaintiff claimed that the program "favors secular humanistic doctrines," clearly endorses The Four Agreements, a "Toltec Wisdom book", and that his involuntary participation was in conflict with his religious values.