Sunday, May 26, 2013

Recent Prisoner Free Exercise Cases

In Gonzalez v. Governor of State of Washington, (9th Cir., May 22, 2013), the 9th Circuit dismissed under the Rooker-Feldman doctrine an inmate's claim that state court judges violated his free exercise rights by refusing to transfer his case to an ecclesiastical tribunal.

In Phillips v. Toliver, 2013 U.S. Dist. LEXIS 71337 (ED CA, May 20, 2013), a California federal magistrate judge permitted a Muslim inmate to proceed against the jail chaplain under RLUIPA complaining about denial of Friday Jum'ah congregational prayer time.  He was given leave to amend his complaint to add other individuals as defendants.

In Furnace v. Giurbino, 2013 U.S. Dist. LEXIS 71357 (ED CA, May 17, 2013), a California federal magistrate judge recommended dismissing on collateral estoppel grounds a suit by an inmate who practices Shetaut Neter that he was not furnished a Kemetic diet.  Plaintiff was permitted to move ahead with some of his claims based on denial of necessary religious items.

In Al-Ameen v. Kilby Correctional Facility, 2013 U.S. Dist. LEXIS 70272 (MD AL, May 17, 2013), an Alabama federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 71549, April 3, 2013) and dismissed on statute of limitations grounds an inmate's objections to an officer's refusal to process him into a facility without his furnishing his commitment name, in addition to his religious name.

In Taylor v. Cook County, 2013 U.S. Dist. LEXIS 72890 (ND IL, May 23, 2013), an Illinois federal district court dismissed on various procedural and substantive grounds and inmate's complaint that he was prevented from attending communal Islamic prayer services for the first two months he was in the Cook County Jail, that the jail does not serve Halal meats, and that he was not allowed to observe his Ramadan fast.

In Holtz v. Karr, 2013 U.S. Dist. LEXIS 74014 (WD WA, May 24, 2013), a Washington federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 74091, April 23, 2013) and ordered that plaintiff file an amended complaint supporting his claim that Christian prisoners are provided a sponsor and religious services, while Muslim and other prisoners are not.

In Dowdy-El v. Caruso, 2013 U.S. Dist. LEXIS 73612 (ED MI, May 24, 2013), a Michigan federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 188171 (July 24, 2012) and allowed a class action to proceed by Muslim inmates challenging provision of a halal diet and the impact of the work-release program on ability to attend Friday afternoon Jum'ah prayer services. The court entered judgment (without class certification) requiring plaintiffs be able to participate in Eid feasts when they have conflicting work detail.