Sunday, March 20, 2016

Recent Prisoner Free Exercise Cases

In Helling v. Johnson, 2016 U.S. Dist. LEXIS 30874 (ED WI, March 9, 2016), a Wisconsin federal district court allowed an inmate to move ahead with his complaint that he was not permitted to read his Quran in his jail cell, but had to go to a dirty holding cell to do so, while other inmates could read their Bibles in their own cells.

In Bishop v. Jesson, 2016 U.S. Dist. LEXIS 30395 (D MN, March 9, 2016), a Minnesota federal district court accepted a magistrate's recommendations (2016 U.S. Dist. LEXIS 31142, Feb. 12, 2016) and permitted a detainee in the Minnesota Sex Offender Program to move ahead on a number of his state and federal claims objecting to the quality and quantity of food in the kosher meal program, as well as complaints about food meeting kosher standards.

In Berisha v. Farrell, 2016 U.S. Dist. LEXIS 31607 (ND NY, March 8, 2016), a New York federal magistrate judge concluded that challenges by a corrections officer to a Muslim inmate's right to wear a beard did not impose a substantial burden on the inmate's ability to practice his religion.

In Williams v. Stovall, 2016 U.S. Dist. LEXIS 31717 (WD AR, March 11, 2016), an Arkansas federal magistrate judge dismissed a Muslim inmate's complaint that he was denied a pork-free diet.

In Rodriguez v. Favro, 2016 U.S. Dist. LEXIS 31758 (ND NY, March 9, 2016), a New York federal magistrate judge recommended dismissing the complaint of a Rastafarian inmate that he was permitted to wear his crown (a religious head covering) only in his cell and housing unit, and not outside of these areas.

In Peele v. Klemm, 2016 U.S. Dist. LEXIS 32333 (WD PA, March 14, 2016), a Pennsylvania federal magistrate judge dismissed an inmate's rambling, incoherent complaint regarding restrictions on Muslim inmates' right to attend the two feasts of the Ramadan holiday.

In Green v. Hawkinberry, 2016 U.S. Dist. LEXIS 32615 (WD PA, March 14, 2016), a Pennsylvania federal magistrate judge dismissed a suit by an inmate who had filed a request to change religion who complained about the three years it took until he was able to qualify for the change and receive kosher meals.

In Robinson v. Cate, 2016 U.S. Dist. LEXIS 32699 (ED CA, March 11, 2016), a case in which a Muslim inmate is seeking a Halal diet, a California federal magistrate judge recommended denying plaintiff's request for a preliminary injunction granting him a kosher diet as a stopgap measure while his suit is pending.

In Carter v. Tegels, 2016 U.S. Dist. LEXIS 33382 (WD WI, March 15, 2016), a Wisconsin federal district court dismissed Muslim inmates' challenges to a rule barring inmate-led religious services (which resulted in a failure to hold Jumu'ah services in April of 2012), and challenges to the failure to hire a Muslim chaplain.

A California federal district court (ND Cal., March 14 and 17, 2016) issued essentially identical opinions in 6 separate cases allowing inmates at San Quentin to move ahead with suits challenging correctional officers that limited Muslim inmates to one congregational prayer service per day, and barred groups of 5 or more from meeting for prayer. The cases are Saif'ullah v. Albritton, 2016 U.S. Dist. LEXIS 33424Fardan v. Albritton, 2016 U.S. Dist. LEXIS 35542Karafili v. Albritton, 2016 U.S. Dist. LEXIS 35559Abdullah v. Albritton, 2016 U.S. Dist. LEXIS 35543Shabazz v. Albritton, 2016 U.S. Dist. LEXIS 35540Aziz v. Albritton, 2016 U.S. Dist. LEXIS 35555. UPDATE: Two more of these opinions were issued on March 24 and 25: Mitchell v. Albritton, 2016 U.S. Dist. LEXIS 39666 and King v. Albritton, 2016 U.S. Dist. LEXIS 39631.