Sunday, July 01, 2018

Recent Prisoner Free Exercise Cases

In Branco v. Milligan, 2018 U.S. App. LEXIS 17583 (6th Cir., June 26, 2018), the 6th Circuit affirmed the dismissal of a Muslim inmate's complaint that he was not called out for the nightly Ramadan feast on one occasion.

In Robertson v. McCullough, (10th Cir., June 28, 2018), the 10th Circuit affirmed the dismissal of a claim by a Christian inmate that his religious exercise was burdened when he was not permitted to donate a kidney to another inmate.

In Horacek v. Prisk, 2018 U.S. Dist. LEXIS 103824 (WD MI, June 21, 2018), a Michigan federal district court dismissed a Jewish inmate's complaint of delay in approving and instituting his participation in the kosher meal program.

In Carawan v. Mitchell, 2018 U.S. Dist. LEXIS 104149 (WD NC, June 20, 2018), a North Carolina federal district court dismissed a Muslim inmate's complaint that he was unable to both receive earned time for going to school and freely practice Islam because class attendance policies conflicted with religious services, and that he was not allowed to pray while seated at his desk in class.

In Buckley v. County of San Mateo, 2018 U.S. Dist. LEXIS 104370 (ND CA, June 21, 2018), a California federal district court allowed a Jewish inmate to move ahead with his complaint that he was denied the right to have Sabbath candles, a prayer book and Sabbath services, and to wear certain religious items outside his cell. His complaint regarding kosher food was dismissed.

In Shabazz v. Johnson City Police Department, 2018 U.S. Dist. LEXIS 104887 (ND NY, June 21,2018), a New York federal magistrate judge recommended dismissing, with a right to replead, a Muslim inmate's complaint that a search of him violated his free exercise rights.

In Nadolny v. Stock, 2018 U.S. Dist. LEXIS 106653 (SD IL, June 26, 2018), an Illinois federal district court allowed an inmate to move ahead with his complaint that the assistant warden prevented him from changing his religion from Baptist to Muslim.

In Bell v. Young, 2018 U.S. Dist. LEXIS 107169 (D SD, June 27, 2018), a South Dakota federal magistrate judge allowed a Buddhist inmate to move ahead with his complaint that inmates were allowed to receive free books from Christian religious groups, but not from non-religious groups.

In Lowe v. Smith, 2018 Ind. App. Unpub. LEXIS 758 (IN App., June 29, 2018), an Indiana appellate court reversed the dismissal of an inmate's complaint that a new prison policy no longer allows Muslim congregational prayer in their accustomed room, and only allows Muslims to pray while seated at tables.

In Buford v. Bolton, 2018 U.S. Dist. LEXIS 109130 (WD KY, June 28, 2018), a Kentucky federal district court allowed a Jewish inmate to move ahead with a claim that he was denied kosher meals in violation of his free exercise rights.