Sunday, December 01, 2013

Recent Prisoner Free Exercise Cases

In Young v. Owens, 2013 U.S. Dist. LEXIS 165751 (SD GA, Nov. 20, 2013), a Georgia federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 166587, Sept. 3, 2013) and, while dismissing RLUIPA damage claims, allowed an inmate to proceed with the remainder of his complaint that his rights were violated by rule changes as to what sacred objects are permitted in a prison setting, a package program and restrictions on holiday observance and worship time.

In Darrough v. Allen, 2013 U.S. Dist. LEXIS 166741 (MD GA, Nov. 25, 2013), a Georgia federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 167166, Oct. 17, 2013) and dismissed an inmate's complaint that he was ordered to be shaved in violation of his religious beliefs.

In San Antonio v. Henry, 2013 U.S. Dist. LEXIS 167343 (ND FL, Nov. 25, 2013), a Florida federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 167347, Nov. 4, 2013), and held that a suit in which an inmate alleged he had been improperly removed from a faith-based dormitory and retaliated against for grieving the incident was properly removed from state to federal court, despite plaintiff's state law allegations.

In Petty v. Lagore, 2013 U.S. Dist. LEXIS 167864 (ED MO, Nov. 26, 2013), a Missouri federal district court dismissed an inmate's complaint that while in Administrative Segregation he could not attend his self-help recovery program and was not allowed to go to church or participate in outside religious activities.

In Vega v. Lantz, 2013 U.S. Dist. LEXIS 167797 (D CT, Nov. 26, 2013), a Connecticut federal magistrate judge in an opinion after a 3-day non-jury trial held that a Muslim inmate's free exercise and RLUIPA rights were not infringed by the cancellation of weekly Jumu'ah prayer when staff is unavailable, denying plaintiff's request to purchase prayer oils from an outside vendor and his request for elective circumcision surgery.

In McCray v. Passaic County Jail, 2013 U.S. Dist. LEXIS 168481 (D NJ, Nov. 25, 2013), a New Jersey federal district court dismissed, with leave to amend, a Muslim pre-trial detainee's complaint that his jail provided Muslim inmates a vegetarian diet, but would not provide them a diet with Halal/Kosher meat.

In Jenkins v. Urbina, 2013 U.S. Dist. LEXIS 169072 (ED CA, Nov. 25, 2013), a California federal magistrate judge dismissed a Native American inmate's complaint that his free exercise and RLUIPA rights were infringed when, being placed in administrative segregation for two days, a corrections officer took his property which included religious items such as beads, sewing needles, choker, and feathers. He did not receive back all the property taken.