In Williams v. Bragg, (5th Cir., July 29, 2013), the 5th Circuit rejected an inmate's claim that his free exercise and RFRA rights were infringed when the prison's regular weekly Muslim congregational prayer service was cancelled on several occasions.
In Native American Council of Tribes v. Weber, 2013 U.S. Dist. LEXIS 105712 (D SD, July 29. 2013), a South Dakota federal district court denied the South Dakota Department of Corrections motion to stay pending appeal to an injunction that was awarded requiring that it allow tobacco to be used in Native American rituals.
In Field v. Beneze, 2013 U.S. Dist. LEXIS 105897 (D CO, July 29, 2013), a Colorado federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 105938, June 24, 2013) and dismissed an inmate's claim that his free exercise rights were infringed when, as he was removed from the general inmate population, his property was confiscated including religious materials.
In Giorgio v. Clarke, 2013 U.S. Dist. LEXIS 107262 (D MA, July 31, 2013), a Massachusetts federal district court allowed former Native American inmates to proceed against certain defendants on their complaint that while incarcerated they were denied access to sweat lodge ceremonies, use of prayer feathers, sage cleansing, and smudging ceremonies.
In Smolsky v. Department of Corrections, 2013 Pa. Commw. Unpub. LEXIS 606 (PA Commonw. Ct., Aug. 1, 2013), the Commonwealth Court of Pennsylvania rejected an inmate's claim that because his Roman Catholic faith prohibits lying, his free exercise rights were infringed when the sex offender treatment program forced him to admit that he committed crimes for which he is innocent.
In Davis v. Hubler, 2013 U.S. Dist. LEXIS 107585 (ED NC, July 30, 2013), a North Carolina federal district court permitted an inmate to proceed with his complaint that he is being denied the Nation of Islam Final Call weekly religious publication, but dismissed his complaint that the bean pies furnished him for Savior's Day were made in the prison kitchen rather than at the outside bakery he preferred.
In Donahue v. Pennsylvania, 2013 U.S. Dist. LEXIS 107880 (MD PA, July 30, 2013), a Pennsylvania federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 107518, June 4, 2013) and dismissed an inmate's claim that his religious prayer books were wrongfully seized by police when he was arrested. He sought their return, their exclusion as evidence in his upcoming state criminal trial, dismissal of criminal charges against him and millions of dollars in damages.
In Doe v. Sex Offender Registry Board, 2013 Mass. App. Unpub. LEXIS 808 (MA App., Aug. 2, 2013), a Massachusetts appellate court rejected an inmate's claim that his free exercise rights were violated by the Sex Offender Registry Board's negative or neutral reaction to his plans to attend church following his release. When he was offending, he told victims that he was a Sunday school teacher and planned to become a pastor.
In Robinson v. Parker, 2013 U.S. Dist. LEXIS 108455 (WD KY, Aug. 2, 2013), a Kentucky federal district court dismissed complaints by an inmate who is a member of the Moorish Science Temple of America that he is required to use the name under which he is convicted and not permitted to use "-El" after his surname. Plaintiff had asserted both 1st Amendment retaliation and RLUIPA claims.
