Sunday, January 27, 2013

Recent Prisoner Free Exercise Cases

In Davila v. Marshall, 2013 U.S. Dist. LEXIS 8816 (SD GA, Jan. 23, 2013), a Georgia federal magistrate judge allowed an inmate to proceed with his complaint that prison authorities have not allowed him to have Santeria beads, cowrie shells, or his Bible.

In McBryde v. Thomas, 2013 U.S. Dist. LEXIS 8492 (D MT, Jan. 22, 2013), a Montana federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 185017, Nov. 27, 2012) and permitted an inmate to proceed against various defendants with his complaint that he was required to participate in an AA/NA program with religious content.

In Sampson v. Lee, 2013 U.S. Dist. LEXIS 8628 (WD VA, Jan. 22, 2013), a Virginia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 185003, Dec. 19, 2012) and dismissed an inmate's complaint that he was removed from a no-pork special diet for 14 days.

In Holmes v. Conway, 2013 U.S. Dist. LEXIS 8138 (ND GA, Jan. 18, 2013), a Georgia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 184982, Dec. 21, 2012) and dismissed an inmate's complaint that he was denied a Halal diet. Jail officials offered him a vegetarian diet, and the jail does not serve pork.

In Hachmeister v. Kline, 2013 U.S. Dist. LEXIS 8323 (D KS, Jan. 22, 2013), a Kansas federal district court held that a Muslim inmate's clam for damages of $100 million because of an alleged denial of 8 of his religious meals are completely conclusory and subject to dismissal unless plaintiff files an amended complaint alleging appropriate facts.

In McDaniel v. Fizer, 2013 U.S. Dist. LEXIS 9622 (D AZ, Jan. 24, 2013), an Arizona federal district court allowed a Muslim inmate to proceed with his complaint against certain of the defendants that authorities denied him a kosher diet for 11 months.

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