In Couch v. Jabe, (4th Cir., May 11, 2012), the U.S. 4th Circuit Court of Appeals, remanding for further proceedings, held that prison officials had not satisfied their burden under RLUIPA to show how allowing a Sunni Muslim inmate to grow a one-eighth inch beard would implicate health or security concerns.
In Hall v. Martin, 2012 U.S. Dist. LEXIS 62499 (WD MI, May 3, 2012), a Messianic Jewish inmate sued claiming that denial of a kosher vegan diet violated his rights under RLUIPA and the 1st Amendment. The Michigan federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 63300, March 29, 2012) and denied a preliminary injunction, saying it might be reconsidered if plaintiff is willing to accept the diet already offered to Buddhists and Seventh Day Adventists. The court also refused to dismiss plaintiff's damage claim for violation of the free exercise clause, concluding that it was improper for officials to deny plaintiff's request by considering what Jewish religious doctrine requires, instead of merely considering his sincere religious beliefs.
In Warner v. Cate, 2012 U.S. Dist. LEXIS 64643 (ND CA, May 8, 2012), a California federal district court allowed an inmate seeking a kosher diet to move ahead with his free exercise and equal protection claims against several defendants. Plaintiff's request had been denied by prison authorities because he was not born of a Jewish mother and was thus not considered to be Jewish under religious law. His complaint against the Secretary of the California Department of Corrections was dismissed with leave to amend to appropriately alleging supervisory liability.
In Birdwell v. Cates, 2012 U.S. Dist. LEXIS 65199 (ED CA, May 9, 2012), a California federal magistrate judge recommended dismissing claims by an inmate who practiced Asatru-Odinism and who claimed that certain limitations on items he could possess and requiring sharing of outdoor worship space violated his rights under the free exercise and equal protection clauses and under RLUIPA.
