In Jean-Pierre v. Bureau of Prisons, (3d Cir., Sept. 18, 2012), the 3rd Circuit upheld the dismissal of a Rastafarian prisoner's complaint over his prior suspension from the Certified Religious Diet Program
In Ind v. Colorado Department of Corrections, 2012 U.S. Dist. LEXIS 130476 (D CO, Sept. 13, 2012), a Colorado federal district court rejected a magistrate Judge's recommendations (2012 U.S. Dist. LEXIS 130473, July 16, 2012) and refused to dismiss on either mootness or 11th Amendment grounds RLUIPA and free exercise claims by an inmate who is a follower of "Christian Separatism." Plaintiff complains about limitations on correspondence, books, magazines, and taking communion, as well as his classification as a member of a security threat group because of his religion.
In Gibson v. Pacheco, 2012 U.S. Dist. LEXIS 130477 (D CO, Sept. 13, 2012), a Colorado federal district court adopted two recommendations of a magistrate judge (2012 U.S. Dist. LEXIS 130479, March 14, 2012 and 2012 U.S. Dist. LEXIS 132409, April 16, 2012) and rejected various constitutional and RLUIPA challenges to rules and procedures for terminating an inmate's participation in the kosher diet program, but allowed him to move ahead with his 1st Amendment claim that authorities did not properly comply with these rules in removing him from the program.
In McKenzie v. Ellis, 2012 U.S. Dist. LEXIS 130973 (SD CA, Sept. 12, 2012), a California federal district court adopted in part and rejected in part a magistrate's recommendations (2012 U.S. Dist. LEXIS 130974, May 15, 2012), and dismissed complaints by a Rastafarian inmate that he was denied a special religious diet during two time periods.
In Anderson v. Bilbo, 2012 U.S. Dist. LEXIS 130941 (WD OK, Sept. 7, 2012), an Oklahoma federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 130943, Aug. 15, 2012), and dismissed complaints by an inmate that he was served pork a few times in violation of his non-pork diet which he maintained for religious reasons (which he never documented).
Kushner v. Keller, 2012 U.S. Dist. LEXIS 132292 (ED NC, Sept. 17, 2012), is a damage action by a former state inmate against authorities for failing to provide him with kosher meals at one facility at which he was incarcerated. A North Carolina federal district court dismissed plaintiff's RFRA and RLUIPA claims, and his 1st Amendment claims against several defendants on qualified immunity grounds. The court found that factual issues remained for trial as to his remaining free exercise claims.
In Pokrzywinski v. Davenport, 2012 U.S. Dist. LEXIS 132118 (ND AL, Sept. 17, 2012), an Alabama federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 132117, Aug. 20, 2012) and rejected a Native American inmate's complaint that his rights were violated when the warden extinguished a sacred fire during a Native American sweat lodge ceremony because the fire had become too large. Inmates (but without plaintiff's participation) immediately rebuilt a smaller fire.
In Turner-Bey v. Maynard, 2012 U.S. Dist. LEXIS 133862 (D MD, Sept. 18, 2012), a Maryland federal district court rejected challenges by an inmate who is a member of the Moorish Science Temple of America to the Maryland prison system's religious diet policy. He objected that the only diet available to him that meets the requirements of Islamic law is a lacto-ovo vegetarian diet.
In Wilson v. Texas Department of Criminal Justice, 2012 U.S. Dist. LEXIS 132930 (ED TX, Sept. 18, 2012), a Texas federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 132932, Aug. 16, 2012) and dismissed complaints by a blind Native American inmate that he was unable to participate in religious programming when he was temporarily transferred to a unit that had special programs for blind prisoners, but did not have Native American religious programming.
In Boyd v. Carney, 2012 U.S. Dist. LEXIS 133387 (WD WA, Aug. 1, 2012), a Washington federal magistrate judge recommended dismissing a inmate's complaint that his rights were violated when defendants changed his mandatory Halal meat diet to a metabolic diet.
