Wednesday, May 30, 2012

Recent Prisoner Free Exercise Cases

In Florer v. Bales-Johnson, (9th Cir., May 15, 2012), the U.S. 9th Circuit Court of Appeals dismissed an inmate's free exercise and RLUIPA complaints about his kosher diet, finding that he failed to raise a genuine dispute of material fact that the meals he received substantially burdened his ability to exercise his religion. (See prior related posting.)

In Nzaddi v. Department of Corrections, 2012 U.S. Dist. LEXIS 69510 (D MA, May 18, 2012), a Massachusetts federal district court permitted a Baha'i inmate to proceed against two named defendants on her claim that she was denied kosher meals that were required according to her religious beliefs.

In Bargo v. Kelley, 2012 U.S. Dist. LEXIS 69649 (ED AR, May 18, 2012), an Arkansas federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 69653, May 1, 2012) and denied a preliminary injunction in a case in which an inmate alleged that his free exercise, due process, and equal protection rights were violated when authorities refused to allow him to be interviewed by Indigo Films for a documentary.

In Benning v. Georgia, 2012 U.S. Dist. LEXIS 71813 (MD GA, May 23, 2012), a Georgia federal district court enjoined prison officials from enforcing their grooming policy in a way that completely banned an inmate who professed Orthodox Judaism from growing earlocks. The court held that it is sufficient that the inmate's religious beliefs are sincere. It is irrelevant that he is not Jewish under the criteria set out by Jewish religious law.