Sunday, February 16, 2014

Recent Prisoner Free Exercise Cases

In Pittman-Bey v. Celum, (5th Cir., Feb. 14, 2014), the 5th Circuit held that defendants in a prisoner lawsuit had qualified immunity because "there is neither controlling authority nor a robust consensus of persuasive authority showing that a Muslim inmate who did not participate in Jumu'ah services was entitled to participate in Ramadan activities and after sunset meals."

In Cauthen v. Rivera, 2014 U.S. Dist. LEXIS 16641 (ED CA, Feb. 7, 2014), a California federal magistrate judge recommended that a Rastafarian inmate be permitted to proceed with his complaint that his free exercise and RLUIPA rights were infringed when he was subjected to an unclothed body cavity search in the presence of female staff.

In Pattison v. Nevada, 2014 U.S. Dist. LEXIS 17109 (D NV, Feb. 11, 2014), a Nevada federal district court refused to reconsider its original imposition of sanctions of $100 on defendants who frivolously removed to federal court (after 2 years of state court litigation) a Jewish inmate's state court complaint that he was being denied kosher meals.

In Wallace v. Miller, 2014 U.S. Dist. LEXIS 17602 (SD IL, Feb. 12, 2014), an Illinois federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 185068, Aug. 22, 2013) and dismissed many of the claims by an inmate who was an adherent of Satmar Hasidic Judaism who contended that he was deprived of sufficient nutrition in connection with the amount of food he received on religious fast days, as well as claiming retaliation and differential treatment. However the court permitted plaintiff to proceed with a claim against the dietary services manager and the senior chaplain for damages for failure to provide kosher meals, as well as certain claims against other defendants.

In Bucano v. Monroe County Correctional Facility, 2014 U.S. Dist. LEXIS 17877 (MD PA, Feb. 10, 2014), a Pennsylvania federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 17122, Jan. 7, 2014) only in part and allowed an inmate to move ahead against one defendant on her claim that she was forced to eat non-kosher food. The defendant had not moved for dismissal. The remainder of the case was dismissed.

In Johnson v. Martin, 2014 U.S. Dist. LEXIS 17649 (WD MI, Feb. 12, 2014), a Michigan federal district court adopted in part a magistrate's recommendations (2014 U.S. Dist. LEXIS 18460, Jan. 14, 2014) and dismissed an inmate's complaint that he was denied Jewish reading material and a kosher diet, concluding that plaintiff failed to show that he has a sincerely held religious belief that requires accommodation.

In Boone v. Coleman, 2014 U.S. Dist. LEXIS 18739 (CD IL, Feb. 14, 2014), an Illinois federal district court permitted a Messianic Hebrew inmate to proceed against a correctional officer, but not other defendants, on his complaint that he was denied a kosher diet.

In Marron v. Jabe, 2014 U.S. Dist. LEXIS 19150 (ED VA, Feb. 14, 2014), a Virginia federal district court dismissed a Muslim inmate's objections to a prison rule that requires CDs or tapes to be ordered through a single vendor. The policy led to authorities refusing to allow plaintiff to have two religious non-music tapes that he had ordered through a different vendor.