Recent Prisoner Free Exercise Cases

In Amaker v. Bradt, (2d Cir., Dec. 19, 2018), the 2nd Circuit affirmed the dismissal for lack of exhaustion of administrative remedies of an inmate's claim regarding access to religious meals and retaliation.

In Vincent v. Stewart, (9th Cir., Dec. 21, 2018), the 9th Circuit reversed the district court's dismissal of free exercise and RLUIPA claims regarding a religious diet.

In Hancock v. Cirbo, 2018 U.S. Dist. LEXIS 212319 (D CO, Dec. 14, 2018), a Colorado federal magistrate judge recommended allowing a Jewish inmate to move ahead on his claim of denial of kosher meals, but recommended dismissing his complaint regarding the past requirement that he shave his beard.

In Brown v. Solomon, 2018 U.S. Dist. LEXIS 212824 (WD NC, Dec. 18, 2018, a North Carolina federal district court allowed an inmate to move ahead with claims that prison authorities should not classify Jehovah's Witness as a Christian- Protestant sect, and should provide separate group worship services for Jehovah's Witness inmates.

In Ables v. Hall, 2018 U.S. Dist. LEXIS 214749 (ND MS, Dec. 21, 2018), a Mississippi federal magistrate judge dismissed an inmate's claim of free exercise violations when he was required to withdraw from seminary school for excessive tardiness stemming from no regular schedule for administration of insulin shots.

In Pattison v. State Department of Corrections, 2018 Nev. App. Unpub. LEXIS 962 (NV App,, Dec. 17, 2018), a Nevada appellate court affirmed the trial court's award of only $1 in nominal damages for denial of kosher meals to an inmate. A concurring opinion disagreed with the majority on the need for physical injury to recover damages for a 1st Amendment violation.

Recent Prisoner Free Exercise Cases

In Holt v. Givens, (11th Cir., Dec. 12, 2018), the 11th Circuit held that an inmate failed to state a First Amendment Claim growing out of the taking of his prayer oil.

In Derx v. Yancey, 2018 U.S. Dist. LEXIS 208053 (ED AR, Dec. 10, 2018) an Arkansas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 208651, Nov. 13, 2018) and allowed an inmate top move ahead with 1st Amendment and RLUIPA claims that his his ability to practice his Wiccan beliefs was restricted.

In Strozier v. Hall, 2018 U.S. Dist. LEXIS 208839 (SD GA, Dec. 11, 2018), a Georgia federal magistrate judge recommended dismissing an inmate's complaint that he was not allowed to attend religious services while in an isolation cell.

In Williams v. New York State Office of Mental Health, 2018 U.S. Dist. LEXIS 211279 (ED NY, Dec. 14, 2018), a New York federal district court dismissed a complaint by an involuntarily committed criminal defendant that he was prevented from attending religious services.

Recent Prisoner Free Exercise Cases

In Roberts v. Perry, 2018 U.S. Dist. LEXIS 204091 (WD NC, Dec. 3, 2018), a North Carolina federal district court allowed an inmate to proceed on his claims that he was denied access to the courts as to his White Supremacist security risk group designation and confiscation of his religious publications without due process.

In Richardson v. Gleason, 2018 U.S. Dist. LEXIS 205417 (ND NY, Dec. 4, 2018), a New York federal district court ordered dismissal, unless an amended complaint is filed, of a Jewish inmate's complaint that defendants failed to provide Kosher food, religious services, or religious material.

In Yah'Torah v. Hicks, 2018 U.S. Dist. LEXIS 205798 (D NJ, Dec. 4, 2018), a New Jersey federal district court allowed a Jewish inmatge to move ahead with his complaint that he was denied the regular use of fragrant oils for prayer.

Recent Prisoner Free Exercise Cases

In Jannisch v. Bates, 2018 U.S. Dist. LEXIS 199718 (D MY, Nov. 26. 2018), a Montana federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 200612, Aug. 27, 2018) and dismissed a Native American inmate's complaint regarding confiscation and destruction of his religious property.

In Salas v. Ducart, 2018 U.S. Dist. LEXIS 199724 (ND CA, Nov. 26, 2018), a California federal district court allowed a Jewish inmate to move ahead with complaint regarding the availability of kosher meals, religious meal ceremonies and a Seder meal.

In Vann v. Griffin, 2018 U.S. Dist. LEXIS 201577 (SD NY, Nov. 28, 2018), a New York federal district court dismissed an inmate's complaint that correctional officers on five occasions interfered with his religious practice by touching his Santeria beads, crushing his cigar, looking through his religious pouches, or desecrating his religious objects.

In Alsaifullah v. State of New York, 2018 N.Y. App. Div. LEXIS 8141 (NY App. Div., Nov. 29, 2018), a New York state appeals court held that the Court of Claims properly dismissed a Muslim inmate's complaint that he was deprived of meals for two holy days.

In Bybee v. Monroe County Detention Facilities, 2018 U.S. Dist. LEXIS 202452 (SD FL, Nov. 28, 2018), a Florida federal magistrate judge recommended denying a temporary restraining order to an inmate complaining about access to kosher food.

Recent Prisoner Free Exercise Cases

In Johnson v. Lassiter, 2018 U.S. Dist. LEXIS 193660 (WD NC, Nov. 13, 2018), a North Carolina federal district court dismissed an inmate's complaint that he was deprived of his religious literature and, when he said he needed his religious literature, he was told that Rastafarian or Moorish Science is not a real religion.

In Scott v. Lewis, 2018 U.S. Dist. LEXIS 193870 (ED MO, Nov. 14, 2018), a Missouri federal district court allowed a Hindu inmate to move ahead with his RLUIPA action for an injunction for failure to accommodate his vegetarian religious diet.

In Collins v. Williams, 2018 U.S. Dist. LEXIS 194187 (D SC, Nov. 13, 2018), a North Carolina federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 194229, Oct. 18, 2018) and dismissed an inmate's complaint that he was denied publications, right to attend gatherings and observe holy days of Nation of Gods and Earths because the group was improperly identified as a security threat group.

In Monroe v. Tyo, 2018 U.S. Dist. LEXIS 195078 (ND NY, Nov. 14, 2018), a New York federal magistrate judge recommended that a former inmate who is Muslim be allowed to move ahead with his complaint that he was required to drink water to provide a urine sample for a drug test during Ramadan.

In Carpenter v. Itawamba County Jail, 2018 U.S. Dist. LEXIS 195849 (ND MS, Nov. 16, 2018), a Mississippi federal magistrate judge concluded that restricting an inmate's access to a Christian pastor when the inmate was not a Christian did not interfere with his free exercise rights.

In Richard v. Strom, 2018 U.S. Dist. LEXIS 196327 (D CT, Nov. 19, 2018), a Connecticut federal district court allowed a Moorish-American inmate to move ahead with claims that he was not permitted to purchase a fez or receive a book, "Nationality, Birthrights and Jurisprudence." However it dismissed his complaint that the Grand Mufti's return address was torn from correspondence he received.

In Heritage Family Church, Inc. v. Kansas Department of Corrections, 2018 U.S. Dist. LEXIS 197543 (D KA, Nov. 20, 2018), a Kansas federal district court denied a preliminary injunction to an inmate who claims that his religious exercise is burdened in various ways (including services, texts and clothing) by the refusal to recognize the Apostolic Faith.

In Hopper v. County of Riverside, 2018 U.S. Dist. LEXIS 198877 (CD CA, Nov. 20, 2018), a California federal magistrate judge held that a former detainee's complaint that he was unable to attend group religious services is subject to dismissal.

Recent Prisoner Free Exercise Cases

In Howard v. Polley, 2018 U.S. Dist. LEXIS 190747 (D NV, Nov. 6, 2018), a Nevada federal district court allowed a Muslim inmate to move ahead with his complaint that it takes up to several weeks for Muslim inmates to be screened so they can attend Jumu'ah services, while there is no screening for Christian and Jewish inmates.

In Kindred v. Allenby, 2018 U.S. Dist. LEXIS 191495 (ED CA, Nov. 8, 2018), a California federal magistrate judge held that an inmate's complaints regarding search and seizure of personal and religious property are subject to dismissal.

In Thomas v. Cox, 2018 U.S. Dist. LEXIS 192576 (D NV, Nov. 9, 2018), a Nevada federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 192645, Oct. 24, 2018) and denied a preliminary injunction to prevent destruction of videos of the prison culinary area in connection with his complaint that he was not furnished kosher meals.

In Hansler v. Kelley, 2018 U.S. Dist. LEXIS 192817 (WD AR, Nov. 13, 2018), an Arkansas federal district court dismissed a Wiccan inmate's complaint that his Wiccan Bible and Book of Grimoires were confiscated, and that there were no Wiccan religious leaders or volunteers to supervise its religious services.

In Doyle v. United States, 2018 U.S. Dist. LEXIS 192924 (ED KY, Nov. 13, 2018), a Kentucky federal district court dismissed a Hanafi Muslim inmate's complaint that inmates could pray in groups no larger than three.

In Shakanasa v. Allison, 2018 U.S. Dist. LEXIS 193482 (ND CA, Nov. 13, 2018), a California federal court allowed an inmate to move ahead with his complaint that he was not permitted to change his name or purchase religious items, and for retaliation.

In Wallace v. Solomon, 2018 U.S. Dist. LEXIS 193662 (WD NC, Nov. 14, 2018), a North Carolina federal district court dismissed an inmate's complaint that the policy providing for non-meat selections is inadequate to comply with Islamic dietary law.

Recent Prisoner Free Exercise Cases

In Buckley v. Munk, 2018 U.S. Dist. LEXIS 188322 (ND CA, Nov. 2, 2018), a California federal district court dismissed the complaint of an Orthodox Jewish former pre-trial detainee that he was not allowed to have candles and a particular prayer book or to wear his tallit katan outside his cell.

In Clark v. Foxwell, 2018 U.S. Dist. LEXIS 188343 (D MD, Nov. 1, 2018), a Maryland federal district court dismissed a suit by an inmate who said he is Jewish who complained that he did not receive proper kosher meals.

In Wali Ibn Abd-Ali v. Sibanda, 2018 U.S. Dist. LEXIS 188885 (WD PA, Nov. 2, 2018), a Pennsylvania federal magistrate judge recommended allowing a Muslim inmate to move ahead with his complaint that is ability to participate in the Ramadan fast was impeded, but recommended dismissing his claim that he could not participate in Eid feasts.

In Meeks v. Boulden, 2018 U.S. Dist. LEXIS 190037 (ED CA, Nov. 6,2018), a California federal magistrate judge dismissed, with leave to amend, an inmate's complaint that his religious beliefs prohibit him from drinking tap water and he was denied distilled or bottled water as an alternative.

In Alvarez v. Lassiter, 2018 U.S. Dist. LEXIS 190236 (WD NC, Nov. 6, 2018), a North Carolina federal district court dismissed an inmate's complaint that his religious books and literature were taken from him, violating his free exercise rights.

Recent Prisoner Free Exercise Cases

In Wright v. Bibens, 2018 U.S. Dist. LEXIS 187463 (D CT, Nov. 1, 2018), a Connecticut federal district court dismissed a Rastafarian inmate's complaint that he was denied common fare meals for 4 days after he was transferred to a different institution.

In Braun v. Sterno, 2018 U.S. Dist. LEXIS 187654 (D CT, Oct. 31, 2018), a Connecticut federal district court allowed a Native American inmate to move ahead with free exercise and RLUIPA claims against a correctional officer who dumped out his medicine bag and kicked and stomped sacred items in it.

In Harris v. Cearlock, 2018 U.S. Dist. LEXIS 187839 (CD IL, Nov. 2, 2018), an Illinois federal district court allowed an African Hebrew Israelite inmate to move ahead with his complaint that he was denied a religious diet.

In Jean-Pierre v. Clay, 2018 U.S. Dist. LEXIS 187606 (MD GA, Nov. 2, 2018), a Georgia federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 188138, Oct. 10, 2018) and allowed a Muslim inmate to move ahead only on his claim for nominal damages for restricting his prayer time during Ramadan, prohibiting him from leading prayers and other religious instruction, and removing him to isolation in retaliation for continuing to pray during Ramadan.

In Prosha v. Robinson, 2018 U.S. Dist. LEXIS 188313 (ED VA, Nov. 2, 2018), a Virginia federal magistrate judge allowed a House of Yahweh inmate to move ahead with his RLUIPA complaint that he did not receive an adequate religious diet during Passover.

Recent Prisoner Free Exercise Cases

In Forehand v. Sapp, 2018 U.S. Dist. LEXIS 183729 (MD GA, Oct.26, 2018), a Georgia federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 183990, Sept. 21, 2018) and permitted an inmate to move ahead with his complaint that he was required to choose between observing the Ramadan fast or the Nation of Islam December fast; he was not permitted to observe both.

In Butler v. California Department of Corrections, 2018 U.S. Dist. LEXIS 184220 (ND CA, Oct. 26, 2018), a California federal district court dismissed an inmate's complaint that his request for Nation of Islam videos be broadcast on the CTF system-wide television channel was denied and that there is not an NOI chaplain.

In Brown v. Semple, 2018 U.S. Dist. LEXIS 185456 (D CT, Oct. 30, 2018), a Connecticut federal district court allowed an inmate to move ahead with his free exercise complaint alleging that he was not allowed to have a Wicca bible that was sent to him. His Establishment Clause and equal protection complaints were dismissed without prejudice.

In Lane v. Avery, 2018 U.S. Dist. LEXIS 184649 (ED AR, Oct. 29, 2018), an Arkansas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 185647, Oct. 11, 2018) and dismissed an inmate's complaint that he was deprived of his Bible while on "behavior control" and was prevented him from "fellowshipping" with other believers during holy days because he was kept in ad seg.

In Elias v. Kinross, 2018 U.S. Dist. LEXIS 185869 (ED CA, Oct. 29, 2018), a California federal magistrate judge allowed a Wiccan inmate to move ahead with his complaint that ink he was using for a religious ceremony was confiscated.

In Stewart v. Sheahan, 2018 U.S. Dist. LEXIS 186253 (WD NY, Oct. 29, 2018), a New York federal district court allowed a Muslim inmate to move ahead with his complaint that he was no provided Ramadan meals for four consecutive days.

In Simmons v. Gilmore, 2018 U.S. Dist. LEXIS 187293 (WD PA, Oct. 31, 2018), a Pennsylvania federal magistrate judge recommended dismissing without prejudice an inmate's complaint that his receiving only 3 haircuts in 10 months violated his Spiritual Scientist religious beliefs as to personal hygiene.

Recent Prisoner Free Exercise Cases

In Priest v. Holbrook, (9th Cir., Oct. 31, 2018), the 9th Circuit reversed the district court's dismissal of a Native American inmate's complaint that his golden eagle feathers were confiscated.

In McCracken v. Godert, 2018 U.S. Dist. LEXIS 178074 (ED MO, Oct. 17, 2018), a Missouri federal district court allowed an inmate who is a Native American Medicine Man to move ahead with his complaint that the prison's ban on tobacco failed to provide an exception for religious ceremonies.

In Ross v. Sandoval, 2018 U.S. Dist. LEXIS 179876 (D NV, Oct. 19, 2018), a Nevada federal district court granted a preliminary injunction requiring that a Buddhist inmate be placed on the common fare diet.

In Barnes v. Daviess County Detention Center, 2018 U.S. Dist. LEXIS 180713 (WD KY, Oct. 19, 2018), a Kentucky federal district court allowed a Muslim inmate to move ahead with his complaint that during Ramadan he has not been able to engage in prayers or have a clean uniform in which to pray.

In Franklin v. York, 2018 U.S. Dist. LEXIS 180832 (ND NY, Oct. 16, 2018), a New York federal magistrate judge recommended dismissing a Muslim inmate's complaint regarding a prayer rug, Ramadan meals, and receipt of mail including a prayer schedule. UPDATE: The court adopted the magistrate's recommendation at 2018 U.S. Dist. LEXIS 190161, Nov. 7, 2018.

In Archibald v. Warren County Regional Jail, 2018 U.S. Dist. LEXIS 181336 (WD KY, Oct. 23, 2018), a Kentucky federal district court allowed a Muslim inmate to move ahead with his complaint regarding Ramadan meals.

In Clinton v. Duby, 2018 U.S. Dist. LEXIS 182079 (WD MI, Oct. 24, 2018), a Michigan federal district court allowed an inmate to move ahead with claims growing out of denial of his approved religious vegan diet.

In Jones v. North Carolina Department of Public Safety, 2018 U.S. Dist. LEXIS 182150 (WD NC, Oct. 23, 2018), a North Carolina federal district court dismissed a Muslim inmate's complaint that he was told to shave his beard before he could interview for a work release job.

Prison Cannot Limit Participation In Native American Religious Ceremonies To Ethnic Native Americans

In Guardado v. Nevada, 2018 U.S. Dist. LEXIS 177365 (D NV, Oct. 16, 2018), a Nevada federal district court held that a Mexican-American inmate's free exercise rights protected by RLUIPA were violated when the Nevada prison system implemented a requirement of the Nevada Indian Commission that participation in Native American religious ceremonies in prison be limited to those of Native American heritage. Plaintiff had argued that no other religion requires inmates to show proof of their ethnicity to practice their beliefs. The court, concluding that it need not reach plaintiff's equal protection arguments since the practice violates RLUIPA, held:

Here, the Court is satisfied that Plaintiff's Native American religious beliefs are sincerely held. Further, AR 810 is a substantial burden on Plaintiff's free exercise as he is Mexican-American and cannot show that he is Native American or provide documentation that he is registered or affiliated with any recognized tribe.... Defendants have not shown that any safety or security issues are likely to arise from Plaintiff's participation in Native American religious ceremonies.

The court issued a preliminary injunction requiring  that defendants permit Ernest Guardado "to participate in Native American religious ceremonies with the Native American practitioners including sweat lodge, prayer circle, drum circle, smudging, sacred pipe, and access to the Native Indian grounds."

Recent Prisoner Free Exercise Cases

In Brown v. State of Washington, (9th Cir.,, Oct. 15, 2018), the 9th Circuit held that the district court properly dismissed an inmate's 1st Amendment and RLUIPA claims regarding burning of his hair.

In Ahdom v. Etchebehere, (9th Cir., Oct. 18, 2018), the 9th Circuit affirmed dismissal of an inmate's complaint that he was prevented from participating in Ramadan meals.

In Shepherd v. Smith, 2018 U.S. Dist. LEXIS 167510 (ND NY, Sept. 28, 2018), a New York federal district court rejected a magistrate's recommended sua sponte dismissal (2018 U.S. Dist. LEXIS 100012, June 13, 2018) of a Rastafarian inmate's free exercise claim regarding dreadlocks.

In Purifoy v. Williams, 2018 U.S. Dist. LEXIS 170795 (WD AR, Oct. 3, 2018), an Arkansas federal district court dismissed complaints by a Christian inmate of denial of pastoral visits, failure to receive a religious calendar and denial of church services while in solitary confinement.

In Barnes v. Fulton County Detention Center, 2018 U.S. Dist. LEXIS 170868 (WD KY, Oct. 2, 2018), a Kentucky federal district court dismissed a Muslim inmate's complaint regarding delay in receiving Ramadan meals and his prayer time.

In Resto-Otero v. Mohammad, 2018 U.S. Dist. LEXIS 171852 (ND NY, Oct. 3, 2018), a New York federal magistrate judge recommended that a Muslim inmate be allowed to move ahead with his suit charging a failure to provide him with religiously appropriate meals during Ramadan.

In Wright v. County of Mecosta, 2018 U.S. Dist. LEXIS 173876 (WD MI, Oct. 10, 2018), a Michigan federal magistrate judge dismissed an inmate's complaint that his jail meals failed to satisfy his religious dietary needs.

In Lambright v. Indiana Department of Corrections, 2018 U.S. Dist. LEXIS 175089 (ND IN, Oct. 11, 2018), an Indiana federal district court allowed a Jewish inmate to move ahead with a damage claim for denial of a kosher diet for 3 months, and an injunctive action to obtain Jewish religious services.

In Blade v. Stinson, 2018 U.S. Dist. LEXIS 173929 (WD LA, Oct. 9, 2018), a Louisiana federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 175062, Sept. 18, 2018) and dismissed a Muslim inmate's complaint regarding his being served pork sausage and not being transferred to a pork-free facility, as well as his retaliation claim.

In McLaughlin v. Lee, 2018 U.S. Dist. LEXIS 173926 (WD LA, Oct. 9, 2018), a Louisiana federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 175061, Sept. 17, 2018) and dismissed an inmate's complaint regarding lack of Muslim religious services at his former institution, as well as complaints regarding Ramadan and retaliation.

In Cantey v. Martuscello, 2018 U.S. Dist. LEXIS 175302 (ND NY, Oct. 10, 2018), a New York federal magistrate judge recommended dismissing a Nation of Islam inmate's complaints regarding celebration of Saviour's Day, Jumu'ah services and showers before them, and cancellation of a study class.

In Covington v. Perry, 2018 U.S. Dist. LEXIS 176362 (ED NC, Oct. 15, 2018), a North Carolina federal district court granted summary judgment to a Muslim inmate on his RLUIPA claim for a halal compliant diet and the parties were directed to present a joint or individual proposed remedial orders.

Recent Prisoner Free Exercise Cases

In Hairston v. Emeaghara, 2018 U.S. Dist. LEXIS 167839 (SD OH, Sept. 28, 2018), an Ohio federal magistrate judge recommended dismissing an inmate's complaint that the chaplain refused to provide weekly church services for the segregation unit.

In Brakeall v. Stanwick-Klimek, 2018 U.S. Dist. LEXIS 167925 (D SD, Sept. 28, 2018), a South Dakota federal district court, in an opinion largely focused on other issues, allowed an inmate to move ahead with claims that he has been prevented from participating in Jewish holiday observances and that there is no kosher meal option.

In Baker v. Davis, 2018 U.S. Dist. LEXIS 167027 (ED TX, Sept. 28, 2018), a Texas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 167961, Aug. 20, 2018) and dismissed a Muslim inmate's various complaints relating to meals, prayer oil, study groups, religious services and grooming policies.

In Rivera v. Kernan, 2018 U.S. Dist. LEXIS 168309 (ND CA, Sept. 28, 2018), a California federal district court allowed an Odinist inmate that authorities refused or delayed approval for celebration or collection of funds for religious holidays.

In Rials v. Avalos, 2018 U.S. Dist. LEXIS 168323 (ND CA, Sept. 28, 2018), a California federal district court dismissed, in part on qualified immunity grounds, a complaint by a Moorish Science Temple of America adherent that he is not allowed to carry a picture of the Holy Prophet Noble Drew Ali outside of his cell.

In Sterling v. Sellers, 2018 U.S. Dist. LEXIS 168555 (MD GA, Sept. 29, 2018), a Georgia federal district court dismissed a Muslim inmate's complaint that congregational prayers were not permitted in the prison day room, but allowed plaintiff to move ahead with his complaint that he was not permitted to participate in the Eid feast.

In Jefferson v. Wall, 2018 U.S. Dist. LEXIS 168662 (D RI, Sept. 28, 2018), a Rhode Island federal district court dismissed, on res judicata grounds, a Muslim inmates complaint that he was not permitted to wear his kufi during Ramadan Iftar meals.

In Barnes v. Fedele, 2018 U.S. Dist. LEXIS 170218 (WD NY, Oct. 2, 2018), a New York federal district court dismissed on qualified immunity grounds a suit by an inmate who registered his religion as Jewish who complained that he was not permitted to wear a Tsalot-Kob under a policy which, at that time approved this as religious head wear only for Rastafarians.

In Mitchell v. Davey, 2018 U.S. Dist. LEXIS 170317 (ED CA, Oct. 2, 2018), a California federal magistrate judge recommended allowing a Muslim inmate to move ahead against certain defendants on his complaint that for parts of 2015, including Ramadan, he could not obtain meals consistent with his religious beliefs, and that meals meeting Muslim standards are not available.

Recent Prisoner Free Exercise Cases

In Jasmaine v. Futrelle, 2018 U.S. Dist. LEXIS 164821 (ED NC, Sept. 26, 2018), a North Carolina federal district court dismissed a complaint by a Wiccan inmate that group worship was not provided because of too few adherents to satisfy the minimum requirement for providing it.

In Jenkins v. Sinclair, 2018 U.S. Dist. LEXIS 164485 (WD WA, Sept. 25, 2018), a Washington federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 165580, Sept. 4, 2018) and dismissed a Muslim inmate's complaint that he can no longer obtain prayer oil from his preferred outside vendor and is denied access to donated prayer oil unless he attends services of Muslim sects with which he disagrees.

In Newsome v. Fairley, 2018 U.S. Dist. LEXIS 165994 (SD MS, Sept. 27, 2018), a Mississippi federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 166587, Aug. 3, 2018) and refused to issue a TRO or preliminary injunction in a suit by an inmate practicing the Natsarim faith seeking to obtain immersion baptism, a kosher diet and religious counseling.

In Hatcher v. Rubenstein, 2018 U.S. Dist. LEXIS 166045 (SD WV, Sept. 27, 2018), a West Virginia federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 168091, Aug. 8, 2018) and dismissed a Muslim inmate's complaints regarding lack of Halal meat and his inability to wear his kufi throughout the prison.

In Jones v. Galske, 2018 U.S. Dist. LEXIS 166331 (ED WI, Sept. 27, 2018), a Wisconsin federal magistrate judge dismissed an inmate's claim that her 1st Amendment rights were infringed when she was not released into the dayroom to watch televised bible study.

In Mann v. Spatney, 2018 U.S. Dist. LEXIS 166847 (ND OH, Sept. 27, 2018), an Ohio federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 166570, July 31, 2018) and dismissed claims by a Native American inmate that there are no Native American materials in the chapel library and complaints about access to sacred herbs, sweat lodge, spiritual advisor, smudging and observance of holy days.

In Gawlik v. Semple, 2018 Conn. Super. LEXIS 2305 (CT Super. Ct., Aug. 31, 2018), a Connecticut state trial court, after a bench trial, ruled against plaintiff who complained about policies that prevented him from receiving various books, newspapers, blank cards and envelopes, decorated cards and artwork.  Plaintiff, who was serving a 60 year sentence for murder, was studying in the hopes of becoming a Catholic priest.

In Richardson v. Welch, 2018 U.S. Dist. LEXIS 167224 (WD VA, Sept. 28, 2018), a Virginia federal district court dismissed a complaint by a Nation of Islam adherent that prison authorities refuse to recognize the NOI practice of observing Ramadan in December, instead of on the lunar cycle recognized by other Muslims.

Recent Prisoner Free Exercise Cases

In Young v. John, 2018 U.S. Dist. LEXIS 163439 (CD CA, Sept. 24, 2018), a California federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 163470, Aug. 14, 2018) and dismissed an inmate's claim that his free exercise rights were infringed by the chaplain's twice interrupting Nation of Islam services and threatening to cancel them.

In Walker v. Director., Texas Department of Criminal Justice- Correctional Institutions Division, 2018 U.S. Dist. LEXIS 163582 (ED TX, Sept. 24, 2018), a Texas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 164341, Aug. 9, 2018) and dismissed a Muslim inmate's complaint that the prison served inmates observing Ramadan insufficient calories.

In Cary v. Stewart, 2018 U.S. Dist. LEXIS 163938 (ED MI, Sept.25, 2018), a Michigan federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 164358, Aug. 17, 2018), and refused to dismiss a complaint by an inmate who follows Native American Traditional Ways that his possession of herbs is being wrongly restricted in violation of the Free Exercise clause. Various other claims were dismissed.

In Dyer v. Osterhout, 2018 U.S. Dist. LEXIS 163936 (ED MI, Sept. 25, 2018), a Michigan federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 165340, May 8, 2018), and allowed a Jewish female inmate to move ahead with her free exercise challenge to the cancellation of Jewish religious services for several months, as well as her retaliation claim, but dismissed claims under RLUIPA and other 1st, 8th and 14th Amendment claims.

In Rivera v. Raines, 2018 U.S. Dist. LEXIS 164284 (SD IL, Sept. 25, 2018), an Illinois federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 164298, Sept. 5, 2018) and allowed an inmate to move ahead with his free exercise claim alleging that prison officials did not allow Nation of Gods and Earths to conduct religious services.

In Heikkila v. Kelley, 2018 U.S. Dist. LEXIS 163562 ED AR, Sept. 25, 2018), an Arkansas federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 164411, Aug. 27, 2018) and dismissed a Native American inmate's complaint that his request to construct and use a sweat lodge was denied.

In Jones v. Sherman, 2018 U.S. Dist. LEXIS 164649 (EDCA, Sept. 25, 2018), a California federal magistrate judge recommended dismissing an inmate's complaint that he received only one meal for dinner on Yom Kippur, when he was told he would receive two meals.

Recent Prisoner Free Exercise Cases

In Cary v. Unknown Phol, 2018 U.S. Dist. LEXIS 161038 (WD MI, Sept. 20, 2018), a Michigan federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 161103, July 2, 2018) and dismissed a Native American inmate's complaint that he was deprived of his medicine bag while he was in administrative segregation.

In Williams v. Delaware County Board of Prison Inspectors, 2018 U.S. Dist. LEXIS 161342 (ED PA, Sept. 20, 2018), a Pennsylvania federal district court allowed a Muslim inmate to move ahead with his complaint regarding access to religious services, inability to wear his kufi outside his cell, and inability to speak with an Imam.

In California Department of State Hospitals v. A.H., 2018 Cal. App. LEXIS 838 (CA App., Sept. 21, 2018), a California appellate court rejected a religious defense to an order for involuntary administration of antipsychotic medication.

In Keystone v. Ponton, 2018 U.S. Dist. LEXIS 161505 (WD VA, Sept. 21, 2018), a Virginia federal district court dismissed a claim by a Mennonite inmate that he did not receive a diet compatible with his religious beliefs.

In Stewart v. Jackson, 2018 U.S. Dist. LEXIS 162473 (ND IN, Sept. 21, 2018), an Indiana federal magistrate judge allowed an inmate to file an amended complaint alleging religious discrimination when the chaplain refused to take him off the halal diet after he informed the chaplain that he had diabetes and could not continue Ramadan.

In Firewalker-Fields v. Lee, 2018 U.S. Dist. LEXIS 162565 (WD VA, Sept. 24, 2018), a Virginia federal district court allowed a Sunni Muslim inmate to move ahead with his complaint that Muslim inmates in segregation are not allowed to congregate for prayer, even by television programming, on Fridays and can only observe televised nondenominational Christian programs on Sundays.

In Gonzalez v. Rivera, 2018 U.S. Dist. LEXIS 162371 (ED AR, Sept. 21, 2018), an Arkansas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 163054, Aug. 17, 2018) and dismissed an inmate's complaint that he was not permitted to attend a Catholic Easter meal and was not given meal provisions for a Good Friday fast.

5th Circuit: Nation of Gods and Earths Prevails On Prison Treatment

In Tucker v. Collier, (5th Cir., Oct. 3, 2018), the U.S. 5th Circuit Court of Appeals rejected under RLUIPA the Texas Prison System's treatment of adherents of the Nation of Gods and Earths.  Limits were placed on the ability of these adherents to congregate based on the state's categorization of the group as a racially supremacist organization.  The inmate bringing the suit disputed that characterization. The court held that the district court had not satisfied RLUIPA's requirement of an an individualized inquiry into the state's compelling interest and least restrictive means. The court said in part:

The justification for the government’s interest rests on the thin ice of two assumptions with little support in the record: (1) that Tucker and his fellow would-be congregants hold supremacist beliefs; and (2) that allowing this supremacist group to privately congregate threatens prison security. The record shows little evidence that Tucker himself, any other Nation adherent in the Coffield Unit, or even any other inmate in Texas, holds supremacist beliefs. In fact, much of the evidence points to the contrary, showing that Tucker and his fellow Nation adherents advocate racial inclusion and nonviolence....

The government rests its conclusion that Tucker and his friends hold supremacist views on haphazard research about Nation beliefs generally....

Beyond its failure to pass muster under RLUIPA’s individualized analysis, the state’s asserted interest fails for another reason: the policy is underinclusive....

The state knows of the purported link between Odinism and white supremacy in its prisons, and its prison officials admit this point openly.  Still, those groups are allowed to meet. Because the state fails to offer any explanation for this differential treatment, it fails to present sufficient evidence for summary judgment that its interest is compelling....

The state also failed to show that a categorical ban on Nation assembly is the least restrictive means of advancing its interest.

Recent Prisoner Free Exercise Cases

In Wolcott v. Board of Rabbis of Northern and Southern California, (9th Cir., Sept. 20, 2018), the 9th Circuit reversed the dismissal of an inmate's claim that his possession and use of Jewish artifacts were restricted, but affirmed the dismissal of his religious conversion claim.

In Goff v. Eppinger, 2018 U.S. Dist. LEXIS 155455 (ND OH, Sept. 12, 2018), an Ohio federal district court dismissed an inmate's complaint regarding delay in placing his name on the kosher meal approval list, and failure to respond to requests for Passover accommodations.

In Wenzel v. Reynolds, 2018 U.S. Dist. LEXIS 156702 (ND IN, Sept. 13, 2018), and Indiana federal district court allowed an Odinist inmate to proceed with damage claims growing out of denial of his religious book for four days and that he was denied equal access to religious study materials. Claims for confiscation of runes and denial of a Christmas gift were dismissed.

In Cary v. Mox, 2018 U.S. Dist. LEXIS 156666 (ED MI, Sept. 14, 2018), a Michigan federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 157275, Aug. 14, 2018) and dismissed a complaint from a follower of the Native American Traditional Way that his medicine bag had been desecrated by correctional officers searching it.

In Davis v. Harper, 2018 U.S. Dist. LEXIS 158186 (SD IL, Sept. 14, 2018), an Illinois federal district court allowed a Muslim inmate to move ahead with his complaint that prison dietary staff ignored his documented allergies in preparing his food for Ramadan and related feasts.

In Guillen v. Francisco, 2018 U.S. Dist. LEXIS 158293 (ED CA,Sept. 17, 2018), a California federal magistrate judge recommended that a Native American inmate be allowed to move ahead with his complaint that a correctional officer touched plaintiff's medicine bag during a search.

In McCoy v. Aramark Correctional Services, 2018 U.S. Dist. LEXIS 159871 (D KA, Sept. 19, 2018), a Kansas federal district court held that issues of fact remain which preclude summary judgment for an Orthodox Jewish inmate who contends that certified religious diet meals do not meet his religious requirements.

Recent Prisoner Free Exercise Cases

In Ackerman v. Washington, 2018 U.S. Dist. LEXIS 151742 (ED MI, Sept. 6, 2018), a Michigan federal district court reinstated Orthodox Jewish inmates claim that providing a vegan diet instead of a kosher diet imposes a substantial burden on the sincere religious beliefs that plaintiffs must eat meat on the Sabbath and Jewish holidays and dairy on Shavuot.

In Luther v. White, 2018 U.S. Dist. LEXIS 151896 (W KY, Sept. 6, 2018), a Kentucky federal district court allowed a Rastafarian inmate to supplement his prior complaint by adding a claim that he was denied the right to purchase and use incense.

In Ritter v. Davis, 2018 U.S. Dist. LEXIS 152028 (ND OH, Sept. 6, 2018), an Ohio federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 152036, Aug. 20, 2018) and refused to dismiss a Jewish inmate's complaint that his request for kosher meals was denied.

In Pleasant-Bey v. Luttrell, 2018 U.S. Dist. LEXIS 152864 (WD TN, Sept. 7, 2018), a Tennessee federal district court dismissed a Muslim inmate's challenges to the prison's limitations on Jumu'ah services, food service policies regarding Ramadan, and its policies regarding the hiring of an imam.

In Soriano v. Spearman, 2018 U.S. Dist. LEXIS 153187 (ED CA, Sept. 6, 2018), a California federal magistrate judge recommended allowing a Muslim inmate to move ahead with his complaint that Muslim inmates, unlike others, were not allowed to perform their prayers in the chapel, requiring them to pray outside in extreme weather conditions.

In Harvey v. Baker, 2018 U.S. Dist. LEXIS 153802 (WD VA, Sept. 10, 2018), a Virginia federal district court allowed an inmate to move ahead with his free exercise claim for damages for denial of a pork-free diet that conformed to his Sunni Muslim beliefs.

In Burroughs v. Mitchell, 2018 U.S. Dist. LEXIS 153808 (ND NY, Sept. 6, 2018), a New York federal district court, sorting through a wide-ranging complaint, dismissed an inmate's complaint that on one occasion defendants refused to provide a Koran, prayer rug, Kufi, and Ramadan meal, but allowed him to move ahead with his claim that one defendant refused to provide him with his religious items in retaliation for his refusal to respond to questions about two other inmates' escape.

In Dent v. Dennison, 2018 U.S. Dist. LEXIS 153950 (SD IL, Sept.10, 2018), an Illinois federal district court rejected a magistrate's recommendation (2018 U.S. Dist. LEXIS 153946, July 13, 2018) and refused to require prison authorities to allow an inmate to attend both Catholic and Protestant religious services.

Muslim Inmate Wins $25,000 Damages Against Correctional Officer

In an unusual success for a prisoner case, a Nevada judge has awarded $15,000 in compensatory damages and $10,000 in punitive damages against a prison correctional officer in a suit by a Muslim inmate.  In Howard v. Foster, 2018 U.S. Dist. LEXIS 151629 (D NV, Sept. 6, 2018), the court described the correctional officer's conduct:

On the morning of August 19, 2012, somewhere between 40 and 60 Muslim inmates were holding Eid prayer services in the SDCC gymnasium....  The room was quiet enough for the individual leading the prayer to be heard by the other prayer participants.

During the prayer service, however, [correctional officer] Dicus began talking loudly enough for Howard and other prayer participants to hear. At first, Dicus asked the other officers why the inmates were in the gymnasium for prayer services. Then, Dicus began cursing and disparaging Muslims.... Dicus stated that he hoped Muslims would die....

Howard heard Diggle warn Dicus that the Muslim inmates would file grievances regarding his statements. Dicus responded, "Mother fucker grievance. . . . . I kill[ ] Muslims, you know. . . . They need to get their ass up out of here. What the hell we allowing them to be down there doing whatever they doing?"...

Dicus' outburst began very early on in the Eid prayer service and made the service unbearable to the participants. Because Dicus' comments were so disruptive, the Muslim inmates were not able to complete the  Eid prayer service, and they did not have the Eid feast that they had planned to share in after prayer.