Sunday, August 13, 2017

Recent Prisoner Free Exercise Cases

In Hoever v. Belleis, (11th Cir., Aug. 10, 2017), the 11th Circuit held that denial of an English language Bible and devotional materials to an inmate for 20 days while in disciplinary confinement did not impose a substantial burden on his religious exercise.

In Harris v. Holmes, 2017 U.S. Dist. LEXIS 124062 (D NJ, Aug. 7, 2017), a New Jersey federal district court refused to issue a preliminary injunction against a prison's new policy on purchase of religious oils.

In Dunn v. Todd, 2017 U.S. Dist. LEXIS 124302 (ND NY, July 10, 2017), a New York federal district court dismissed with leave to amend an inmate's complaint that he was unable to contact his pastor and family.

In Keaton v. Ponte, 2017 U.S. Dist. LEXIS 124303 (SD NY, Aug. 4, 2017), a New York federal district court dismissed with leave to amend an inmate's complaint about strip searches in the chapel area.

In Shields v. Ahern, 2017 U.S. Dist. LEXIS 125424 (ND CA, Aug. 8, 2017), a California federal district court dismissed a Muslim inmate's complaints regarding halal meals, hiring of a Muslim chaplain, group prayer and study, religious items and books, and receiving packages from an Islamic vendor.

In Buckley v. County of San Mateo, 2017 U.S. Dist. LEXIS 125420 (ND CA, Aug. 8, 2017), a California federal district court dismissed with leave to amend a former inmate's complaint that his free exercise rights were infringed because Kosher meals provided were not actually Kosher and he was not allowed to wear certain religious items outside of his cell.

In Zapata v. Ducart, 2017 U.S. Dist. LEXIS 125453 (ND CA, Aug. 8, 2017), a California federal district court allowed a Messianic Jewish inmate to move ahead with his complaint that he was not allowed to participate in the kosher diet program.

In Ali v. Romero, 2017 U.S. Dist. LEXIS 125696 (D MD, Aug. 7, 2017), a Maryland federal district court refused to dismiss at least until the prison chaplains had been served an inmate's complaint over the lack of Islamic prayer services.

In Holmes v. Engleson, 2017 U.S. Dist. LEXIS 126228 (ND IL, Aug. 9, 2017), an Illinois federal district court dismissed a Rastafarian inmate's complaint that his dreadlocks and beard were removed forcibly.

In Simmons v. Williams, 2017 U.S. Dist. LEXIS 126294 (SD GA, Aug. 9, 2017), a Georgia federal magistrate judge recommended that a Muslim inmate be allowed to move ahead with his action for injunctive relief (but not his damage claims) under the 1st Amendment and RLUIPA for being dragged through a commons area wearing wet boxer shorts, which violated his religious beliefs that he must keep his awrah covered in the presence of others.