In Murphy v. Lockhart, 2012 U.S. Dist. LEXIS 120548 (ED MI, Aug. 24, 2012), a Michigan federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 156028, Oct. 18, 2011) and dismissed an inmate's 1st and 14th Amendment and RLUIPA objections to the prison's refusal to allow him to receive a book he ordered from the Power of Prophecy Ministries entitled Codex Magica: Secret Signs, Mysterious Symbols, and Hidden Codes of the Illuminati, because it contains information on how to write letters in code.
In Howard v. Skolnik, 2012 U.S. Dist. LEXIS 120342 (D NV, Aug. 23, 2012), a Nevada federal district court dismissed an inmate's objections that prison authorities held only one Muslim service each week. He wanted a separate Nation of Islam service entirely in English. The court awarded plaintiff damages of $120 for 12 lost legal and religious cassette tapes.
In Washington v. Brown, 2012 U.S. Dist. LEXIS 120950 (ED CA, Aug. 23, 2012), a California federal magistrate judge recommended dismissing RLUIPA damage claims by a Muslim inmate who contended that he was not placed on the Ramadan fast list and was not permitted to make up the fast days he missed. The court concluded that: "The plain language of RLUIPA appears to contemplate the creation of a damages remedy against state actors in their individual capacities.... [H]owever, Congress' Spending Clause power does not provide it with authority to enact a private right of action with a monetary damages remedy against individual defendants who are not recipients of federal funds."
In Gulino v. Crossdale, 2012 U.S. Dist. LEXIS 120235 (D CT, Aug. 22, 2012), a Connecticut federal district court dismissed an inmate complaint that a religious object he wore around his neck was confiscated and lost.
In Merrell v. Allred, 2012 U.S. Dist. LEXIS 120311 (D CO, Aug. 24, 2012), a Colorado federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 120312, July 17, 2012) and permitted an inmate to proceed with this claim under RLUIPA that he is being required to undergo an annual TB test despite his protest that the injections violate his religious beliefs.
In Wilson v. Kelly, 2012 U.S. Dist. LEXIS 121293 (ND NY, Aug. 27, 2012), a New York federal district court in an unusual move rejected a part of a magistrate's recommendations (2012 U.S. Dist. LEXIS 121450, June 22, 2012) and permitted an inmate to proceed with his claim that one of the defendants retaliated against him for filing a grievance by having his name removed from the kitchen Ramadan list. However the court dismissed his complaint that he missed 7 religious services while in keep lock confinement.
In Grissom v. Werholtz, 2012 U.S. Dist. LEXIS 121694 (D KS, Aug. 28, 2012), a Kansas federal district court dismissed an inmate's complaint that the chaplain required him to sign a change of religion form in order for him to keep a Celtic cross and chain that he possessed. The cross was not a crucifix and so was not authorized for Catholic prisoners.
In McChesney v. Hogan, 2012 U.S. Dist. LEXIS 120509 (ND NY, Aug. 23, 2012), a New York federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 122503, July 30, 2012) and dismissed a claim by a civilly committed atheist that forcing him to participate in various specific sex offender treatment programs violates his free exercise rights and the Establishment Clause.
In Whitfield v. Tulp, 2012 U.S. Dist. LEXIS 123144 (ED CA, Aug. 28, 2012), a California federal magistrate judge dismissed a former inmate's various constitutional and statutory claims growing out of correctional officers' refusal to allow him to send his excess personal and legal property to a friend. His property, including religious materials and a Bible, was confiscated and destroyed. The court concluded: "there is no support for a claim that Defendants acted to prevent Plaintiff from engaging in the practice of his religion."
In Thomas v. Connolly, 2012 U.S. Dist. LEXIS 123951 (SD NY, Aug. 30, 2012), a New York federal district court adopted a magistrate's recommendations and dismissed a Muslim inmate's complaint that his free exercise rights were infringed when he was not permitted to distribute food as an act of charity for his Zakat-ul-Fitr obligation, and when confusion in scheduling caused him to be unable to participate in observance of the first and last days of the Ten Days of Muharram Festival.
In Knight v. Mulvaney, 2012 U.S. Dist. LEXIS 123325 (WD MI, Aug. 30, 2012), a Michigan federal district court adopted a magistrate's recommendation (2012 U.S. Dist. LEXIS 123622, July 30, 2012) and dismissed a claim by a Nation of Islam inmate who claimed his free exercise, 14th Amendment and RLUIPA rights were violated when he was placed in temporary segregation and was designated a security threat group leader for proselytizing other prisoners and possessing religious literature.
