An Unusual Prisoner Case Finds NGE Should Be Held To Be A Religion

In a somewhat surprising prisoner free exercise decision this week, a Virginia federal district court held that the Virginia Department of Corrections violated RLUIPA and the First Amendment when it refused to recognize the Nations of Gods and Earths (NGE) as a religion and instead designated it a gang or "Security Threat Group."  In Coward v. Robinson, (ED VA, Aug. 28, 2017), the court in a 47-page opinion citing what was clearly an extensive evidentiary record concluded that "there is insufficient evidence in this record to conclude that the NGE is a violent, racially supremacist gang."  It went on: "Even if the Department could show that designating the NGE as a gang subject to a zero
tolerance policy serves a compelling interest, it cannot demonstrate that its policies are the least restrictive means of furthering that interest."

A number of things make this case interesting. It was initially filed in 2010. Appeals in the case (sub. nom. Coward v. Jabe) wound their way up to the 4th Circuit three separate times.  In one of its opinions, the 4th Circuit held that even though it had held NGE is not a religion in an unrelated 2012 case, that decision was based on the evidence at trial, and did not mean that NGE would not found to be a religion in other cases.  Finally, unlike the vast majority of prisoner cases which are argued pro se, here plaintiff in the proceedings leading to this week's decision had high power counsel.  Plaintiff was represented by two lawyers from Kirkland & Ellis, one of whom had previously been a law clerk for Supreme Court Chief Justice John Roberts.

Recent Prisoner Free Exercise Cases

In West v. Palmer, 2017 U.S. Dist. LEXIS 131109 (ND IA, Aug. 17, 2017), an Iowa federal district court dismissed a suit by a high security inmate at the Civil Commitment Unit for Sexual Offenders who complained that the facility does not offer Pentecostal religious services and he is not allowed to attend services outside the facility.

In Anderson v. Cox, 2017 U.S. Dist. LEXIS 131202 (D NV, Aug. 17, 2017), a Nevada federal magistrate judge recommended dismissing a Wiccan inmate's complaint that Wiccans are denied access to incense, herbs and teas, and that a ritual area used by Wiccans was destroyed.  He recommended that plaintiff be allowed to move ahead with his claim of retaliatory cell searches because of his religion.

In Brisman v. Quinn, 2017 U.S. Dist. LEXIS 131523 (ND NY, Aug. 16, 2017), a New York federal magistrate judge recommended dismissing an inmate's claim that a package containing religious beads was not delivered to him.

In Ludwick v. Rubenstein, 2017 U.S. Dist. LEXIS 130501 (ND WV, Aug. 16, 2017), a West Virginia federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 131620, July 14, 2017) and dismissed an inmate's complaint about removal of religious items from his cell when inmates are on strip cell search.

In Thompson v. Mississippi Department of Corrections, 2017 U.S. Dist. LEXIS 132387 (ND MI, Aug. 17, 2017), a Mississippi federal district court granted a Rastafarian inmate who had been forced to cut his hair an injunction requiring authorities to allow him to grow his hair according to the tenets of his religion.

In Ahdom v. Etchebehere, 2017 U.S. Dist. LEXIS 133380 (ED CA, Aug. 20, 2017), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that as a vegetarian he was not enrolled in the Religious Meat Alternative program, and that made him ineligible to participate in Ramadan meals (until he was ultimately granted an exception).

In Murray v. McKay, 2017 U.S. Dist. LEXIS 133566 (ED CA, Aug. 18, 2017), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that as a high security inmate with medical issues he was not allowed to attend any church services.

In Fletcher v. Bokinstrke, 2017 U.S. Dist. LEXIS 133747 (D SC, Aug. 18, 2017), a South Carolina federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 134081, July 14, 2017) and dismissed a Muslim inmate's complaint that on one day during Ramadan, because of a security lock down, he was not served his evening meal until 11:00 pm.

In Hansler v. Kelley, 2017 U.S. Dist. LEXIS 133096 (WD AR, Aug. 21, 2017), an Arkansas federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 134103, July 20, 2017), and allowed an inmate to move ahead with a number of his claims growing out of the ban on his possessing or reading the Witches' Craft Wiccan Bible and the Book of Grimoires.

In Fisher v. Devore, 2017 U.S. Dist. LEXIS 136552 (WD AR, Aug.23, 2017), an Arkansas federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 135189, July 26, 2017) and dismissed a Jewish inmate's complaint that the kosher meals he was served were not prepared in a way that properly adhered to religious dietary laws.

UPDATE: In a settlement agreement in Bartlett v. Atencio, (D ID, Aug. 11, 2017), Idaho prisons must offer a Common Fare No Touch menu with a majority of meals that are pre-packaged or double-sealed frozen meals that are kosher
certified.

Recent Prisoner Free Exercise Cases

In Chaparro v. Ducart, (9th Cir., Aug. 14, 2017), the 9th Circuit affirmed the dismissal of an inmate's complaint that he was removed from the chapel ducat list for failing to attend a chapel service.

In Rush v. Malin, 2017 U.S. Dist. LEXIS 126529 (SD NY, Aug. 9, 2017), a New York federal district court reinstated a claim against a prison chaplain for failing to submit the Eid ul-Fitr event packet for the Shi'a Muslim inmates in 2014.

In Robinson v. Cate, 2017 U.S. Dist. LEXIS 126557 (ED CA, Aug. 8, 2017), a California federal magistrate judge recommended dismissing as moot a Muslim inmate's religious diet claims because recent changes in regulations now allow him to opt for either a kosher of Halal-compliant diet.

In Thomas v. Bzoskie, 2017 U.S. Dist. LEXIS 129512 (D MN, Aug. 14, 2017), a Minnesota federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 130019, May 8, 2017) and dismissed a Muslim inmate's complaint that authorities refused to permit Muslim communal worship and refused to allow him to wear a kufi or keep a prayer rug or prayer oil in his cell.

In Rivera v. Michigan Department of Corrections, 2017 U.S. Dist. LEXIS 128973 (WD MI, Aug. 14, 2017), a Michigan federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 129768, July 13, 2017) and dismissed complaints by an inmate over refusal to allow mail from Moorish Science Temple of America-1928 Grand Body, and telling plaintiff to tear up his religious preference form listing that group.

In Dyson v. Federal Bureau of Prisons, 2017 U.S. Dist. LEXIS 130184 (D DC. Au. 15, 2017), a D.C. federal district court dismissed as no properly the subject of a habeas corpus action an inmate's complaint that he was forced to consume fluids and provide a urine sample while he was fasting for Ramadan.

In Carter v. Myers, 2017 U.S. Dist. LEXIS 130286 (D SC, Aug. 15, 2017), a South Carolina federal district court allowed plaintiff to move ahead with her claim for nominal damages and injunctive relief growing out of jail authorities requiring her to remove her hijab for her booking photo. The magistrate's recommendation in the case is at 2017 U.S. Dist. LEXIS 130581, July 5, 2017.

In Tanksley v. Litscher, 2017 U.S. Dist. LEXIS 130340 (WD WI, Aug. 15, 2017), a Wisconsin federal district court in a lengthy opinion upheld prison officials' refusal to allow an inmate serving a long sentence for sexual assault of a child to obtain Hermetic Order of the Golden Dawn  Initiatory Tarot cards because some of the cards depict nude human figures.

In Irvin v. James, 2017 U.S. Dist. LEXIS 130810 (ED CA, Aug. 15, 2017) a California federal magistrate judge recommended dismissing a list of claims by a Muslim inmate relating to denial of chapel access, denial of religious foods (including dates), denial of prayer oil, kufis and religious packages, and failure to hire a Muslim chaplain.

In Bynum v. Poole, 2017 U.S. Dist. LEXIS 131063 (MD NC, Aug. 17, 2017), a North Carolina federal magistrate judge recommended denying summary judgment to a Muslim inmate who complained about cancellation of a Jumah Service on one Friday.

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.

Recent Prisoner Free Exercise Cases

In Henry v. Bright, 2017 U.S. Dist. LEXIS 119374 (D SC, July 31, 2017), a South Carolina federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 119701, July 11, 2017) and dismissed a complaint that prison policies do not permit Buddhist inmates to use scented oils.

In Roberts v. Perry, 2017 U.S. Dist. LEXIS 120621 (WD NC, Aug. 1, 2017), a North Carolina federal district court upheld a prison's refusal to recognize "Nation of Israel" (a white-supremacist group) as an approved religion and the concomitant limit on the number of religious texts that an adherent can possess.

In Evans v. Bilal, 2017 U.S. Dist. LEXIS 121795 (ND IL, Aug. 2, 2017) an Illinois federal district court dismissed an inmate's complaint that he was not permitted to participate in religious services with other Muslim inmates.

In Butler v. California Department of Corrections, 2017 U.S. Dist. LEXIS 122724 (ND CA, Aug. 3, 2017), a California federal district court permitted an inmate to move ahead with his attempt to obtain showing of a Nation of Islam video and obtaining a NOI chaplain.

Recent Prisoner Free Exercise Cases

In Ware v. Louisiana Department of Corrections, (5th Cir., July 28, 2017), the 5th Circuit held that prison grooming restrictions which prevent a Rastafarian inmate from wearing dreadlocks violate RLUIPA.

In Johnson v. Roskosci, 2017 U.S. Dist. LEXIS 116243 (MD PA, July 24, 2017), a Pennsylvania federal district court allowed an inmate to move ahead with his complaint that his religious tribal cultural beads were confiscated as contraband.

In Evans v. Brown, 2017 U.S. Dist. LEXIS 117108 (ND CA, July 26, 2017), a California federal district court allowed a Muslim inmate to move ahead with his complaint that he has not been allowed to participate in the Ramadan meal program.

In Muhammad v. Ponce, 2017 U.S. Dist. LEXIS 117275 (CD CA, July 26, 2017), a California federal district court dismissed with leave to amend a Nation of Islam inmate's complaint seeking an injunction that would allow him to observe Saviour's Day each year with a commemorative fast followed by a ceremonial meal.

In Bailey v. Batista, 2017 U.S. Dist. LEXIS 118035 (D MT, July 27, 2017), a Montana federal district court dismissed an inmate's complaint that he was denied vegetarian meals.

Recent Prisoner Free Exercise Cases

In Barnes v. Annucci, 2017 U.S. Dist. LEXIS 110564 (ND NY, July 14, 2017), a New York federal magistrate judge recommended that a Nation of Islam inmate be allowed to move ahead with his complaint that during a cell search, authorities confiscated and discarded three of his kufis.

In Oppenheimer v State of New York, 2017 N.Y. App. Div. LEXIS 5709 (NY App, July 20, 2017), a New York state appeals court held that a Muslim inmate's free exercise claim growing out of a pat frisk by a female corrections officer cannot be asserted in the state Court of Claims.

In Potts v. Holt, 2017 U.S. Dist. LEXIS 113250 (MD PA, July 19, 2017), a Pennsylvania federal magistrate judge recommended dismissing a suit by an inmate complaining about a 4-day interruption of religious meals while prison officials were dealing with a food poisoning outbreak.

In Alster v. Fischer, 2017 U.S. Dist. LEXIS 113348 (W NY, July 20, 2017), a New York federal district court dismissed some claims by a Jewish inmate for failure to exhaust administrative remedies and on other grounds, but permitted him to move ahead with claims of denial of communal celebrations for Sabbaths and holy days; his exclusion from Jewish group events; and lack of Jewish worship space.

In Kindred v. Bell, 2017 U.S. Dist. LEXIS 114195 (ED CA, July 20, 2017), a California federal magistrate judge recommended denying a preliminary injunction to a Native American civil detainee who complained about failure to deliver to him a package containing religious items and about confiscation of a bolo tie.

Recent Prisoner Free Exercise Cases

In In re Ohio Execution Protocol Litigation, 2017 U.S. Dist. LEXIS 107468 (SD OH, July 12, 2017), an Ohio federal magistrate judge rejected RLUIPA and free exercise challenges to the provision in Ohio's Execution Protocol that allows the warden to limit a death row inmate's last words statement if it contains language intentionally offensive to the execution witnesses. Plaintiffs claimed that this might limit them from including a prayer for atonement in their last words because witnesses might find the prayer offensive.

In Crawley v. Parsons, 2017 U.S. Dist. LEXIS 107775, (WD VA, July 12, 2017), a Virginia federal district court allowed a House of Yahweh inmate to move ahead with his claim against the prison chaplain that he was not allowed to participate in the 2015 Passover observance. His claims against other defendants for this, and his claims regarding observance of the Feast of Tabernacles were dismissed.

In Crutcher v. Bolling, 2017 U.S. Dist. LEXIS 106778, (ND AL, July 11, 2017), an Alabama federal district court adopted a magistrate's recommendations (2017 U.S. Dist. LEXIS 107832, May 18, 2017), and dismissed without prejudice an inmate's complaint that conditions of solitary confinement denied him access to church.

Novel Facts Do Not Assure Qualified Immunity In Prisoner Suit

In Parkell v. Senato, (3rd Cir.,  July 11, 2017), the U.S. 3rd Circuit court of Appeals vacated a Delaware federal district court's grant of qualified immunity to prison officials who refused an inmate's request for a kosher diet.  The court said in part:

We do not doubt that Parkell’s belief system—which he characterizes as “Jewish/Wicca”—is novel. But “officials can still be on notice that their conduct violates established law even in novel factual circumstances.”...

AP reports on the decision.

Recent Prisoner Free Exercise Cases

In Simmons v. Atkins, 2017 U.S. Dist. LEXIS 103707 (ED CA, July 5, 2017), a California federal magistrate judge dismissed with leave to amend a complaint by a Native American inmate that he is denied weekly attendance at the sweat lodge, a properly trained medicine man or spiritual adviser, and material to make religious tools and artifacts.

In Saif'ullah v. Albritton, 2017 U.S. Dist. LEXIS 102438 (ND CA, June 30, 2017), a California federal court dismissed claims of ten of the 11 plaintiffs for failure to exhaust administrative remedies. The remaining plaintiff was permitted to move ahead on his complaint that Muslim inmates are only allowed to pray in groups of more than 5 in the open day room once per day, while similar restrictions are not applied to Christian and Jewish inmates.

In Monson v. Steward, 2017 U.S. Dist. LEXIS 104036 (D OR, July 6, 2017), an Oregon federal magistrate judge dismissed a suit by a Rastafarian inmate who complained that he was (until filing the lawsuit) denied a kosher diet.

In Hosannah v. Nassau County Criminal Supreme Court Sergeant Officer(s), 2017 U.S. Dist. LEXIS 104652 (ED NY, July 5, 2017), a New York federal magistrate judge recommended that an inmate be allowed to file an amended complaint against proper defendants asserting his claim that he is not allowed to attend Jewish religious services because of his escape risk status. UPDATE: The court adopted the magistrate's recommendations in Hosannah v. Sposato, 2017 U.S. Dist. LEXIS 117962 (ED NY, July 26, 2017).

Recent Prisoner Free Exercise Cases

In Rials v. Avalos, 2017 U.S. Dist. LEXIS 97650 (ND CA, June 23, 2017), a California federal district court allowed an inmate to move ahead with free exercise and equal protection challenges to disciplinary action taken against him for possessing two religious photos outside of his cell.

In Nordgaarden v. Baca, 2017 U.S. Dist. LEXIS 97763 (D NV, June 23, 2017), a Nevada federal magistrate judge recommended refusing to dismiss a claim by a Jewish inmate that an officer threatened to throw him in the hole, confiscated his meal and placed him in a holding cell because he was leaving the culinary to eat his Passover meal, which he contends is religiously required.

In Nance v. Miser, (9th Cir., June 29, 2017), the 9th Circuit held that a ban on a Muslim inmate's purchasing scented oils for use in weekly prayers substantially burdens his exercise of religion. and is not justified under RLUIPA. It remanded for further proceedings a claim regarding beard length.

In Medina v. Kuykendall, 2017 U.S. Dist. LEXIS 98980 (ED PA, June 27, 2017), a Pennsylvania federal district court dismissed with leave to amend in inmate's complaint that the County Prison denied him religious materials and kosher and halal meals.

In McCann v. Texas, 2017 U.S. Dist. LEXIS 99400 (SD TX, June 27, 2017), a Texas federal district court dismissed a habeas corpus petition in which plaintiff challenged his conviction for giving false identifying information to the police, alleging that it violates his free exercise rights to require him to list his birth date as the date of delivery rather than the date of conception.

In Boyd v. Etchebehere, 2017 U.S. Dist. LEXIS 99467 (ED CA, June 27, 2017), a California federal magistrate judge recommended dismissing a complaint by a Muslim inmate that he was denied participation in the Ramadan meal schedule for a week during which he was enrolled in the vegetarian diet rather than the Religious Meat Alternative Program.

In Docherty v. Cape May County, 2017 U.S. Dist. LEXIS 100709 (D NJ, June 29, 2017), a New Jersey federal district court allowed Muslim inmates to move ahead against governmental defendants with their complaint that they are allowed to congregate for Friday prayers only in an area which is dirty and foul smelling.

In Rush v. Malin, 2017 U.S. Dist. LEXIS 101285 (SD NY, June 29, 2017), a New York federal district court permitted an inmate to move ahead with claims that Shi'a Muslims were denied Jumu'ah services for 2 months, a separate Ashura observance, and weekly classes, a separate account, and a fundraiser. The court dismissed certain other claims.

In Taft v. California Department of Corrections, 2017 U.S. Dist. LEXIS 101467 (ED CA, June 28, 2017), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that he was forced to remove his yarmulke without a security search protocol and that a correctional officer displayed anti-Semitic behavior toward him.

Recent Prisoner Free Exercise Cases

In Ghailani v. Sessions, (10th Cir., June 21, 2017), the 10th Circuit allowed a Muslim inmate in federal prison after a terrorism conviction to move ahead with his complaint under RFRA that he is prohibited from attending Jumu'ah prayers because of the prison's housing conditions.

In Brandon v. Royce, 2017 U.S. Dist. LEXIS 94870 (S NY, June 20, 2017), a New York federal district court allowed a Muslim inmate to move ahead with his 1st Amendment claim growing out of the denial to him of the prison's special Eid al-Adha meal.

In Ross v. LNU Director, 2017 U.S. Dist. LEXIS 95232 (D KA, June 21, 2017), a Kansas federal district court denied a motion to reconsider the dismissal of an inmate's complaint of delay in responding to his requests for Ramadan meal accommodations.

In Shabazz v. Giurbino, 2017 U.S. Dist. LEXIS 95949 (ED CA, June 21, 2017), a California federal magistrate judge recommended dismissing on qualified immunity and mootness grounds an inmate's suit complaining that serving Muslim inmates vegetarian breakfasts and lunches does not meet his religious dietary requirements.

In Carter v. Uhlik, 2017 U.S. Dist. LEXIS 95964 (ED CA, June 21, 2017), a California federal magistrate judge recommended denying an inmate's motion to rescind a settlement agreement in his free exercise case. Plaintiff complained of a subsequent unrelated delay in accommodating his religious dietary needs.

In Padilla v. Kernan, 2017 U.S. Dist. LEXIS 95993 (SD CA, June 20, 2017), a California federal district court allowed an inmate to move ahead with his suit complaining of denial of kosher meals for more than a year.

In Njos v. Carney, 2017 U.S. Dist. LEXIS 96533 (MD PA, June 21, 2017), a Pennsylvania federal magistrate judge recommended dismissing on qualified immunity and mootness grounds a Jewish inmate's suit over the number of ounces of grape juice he needed for his Sabbath meal religious observance.

3d Circuit: Dismissal of Prisoner's RLUIPA Suit At Pleading Stage Was Improper

In Robinson v. Houtzdale, (3d Cir., June 19, 2017), the U.S. 3rd Circuit Court of Appeals held that the trial court should not have dismissed at the pleading stage a RLUIPA suit by a Christian inmate who objected that the prison's Sex Offenders Therapeutic Community program burdens his religious exercise by requiring him to "confess" to a therapist or counselor.  Plaintiff contended that the Bible does not permit him to confess sins to anyone except God. The court said that the threshold question under RLUIPA is whether a prison practice has substantially burdened an inmate's practice of his religion.  It went on:

we conclude that the Magistrate Judge went too far by analyzing the “truth” of Robinson's beliefs when she determined, based on the pleadings alone, that the sexual offender program did not impose a substantial burden because it did not ask Robinson “to confess in any religious sense.” ... [A]t the pleading stage, we are required under RLUIPA to accept as true Robinson’s sincerely held belief that any acknowledgement of guilt is a religious “confession"....

... [W]hile the District Court may well conclude after considering evidence or testimony on the subject that SCI-Houtzdale’s interest in its sex offenders taking responsibility for their actions as part of its therapeutic program is a “compelling interest” and that there is no less restrictive means for Robinson to meet the goals of the sex offender program, it cannot do so on the basis of the pleadings alone. That is because RLUIPA does not permit “unquestioning deference” to prison administrators....

Recent Prisoner Free Exercise Cases

In Barner v. Pientka, 2017 Pa. Commw. Unpub. LEXIS 422 (Commw. Ct. PA, June 12, 2017), a Pennsylvania appeals court affirmed the dismissal of a suit for damages by a Rastafarian inmate who was required to cut his hair.

In Hoffman v. Lassen Adult Detention Facility, 2017 U.S. Dist. LEXIS 90083 (ED CA, June 12, 2017), a California federal magistrate judge recommended that a Jewish inmate be allowed to proceed with his 1st Amendment complaint that a jail commander denied his request for a kosher diet. On internal review the kosher diet was approved. Various other claims were recommended for dismissal.

In McElroy v. Clarke, 2017 U.S. Dist. LEXIS 91185 (WD VA, June 14, 2017), a Virginia federal district court dismissed a Nation of Islam inmate's complaint over his suspension from, and refusal of reinstatement to, the Common fare diet.

In Ervin v. Davis, 2017 U.S. Dist. LEXIS 91433 (SD OH, June 14, 2017), an Ohio federal magistrate judge recommended dismissing a suit by a Messianic Jewish inmate complaining of initial denial of kosher meal accommodation.

In Harris v. Cooper, 2017 U.S. Dist. LEXIS 91637 (ND CA, June 14, 2017), a California federal magistrate judge dismissed with leave to amend an inmate's claim that he was denied parole because he is a Muslim, and that religious items were confiscated from his cell. Plaintiff's initial parole grant was rescinded by the governor, and after a successful habeas petition his parole was again suspended.

In Cooley v. LeBlanc, 2017 U.S. Dist. LEXIS 90733 (WD LA, June 13, 2017, a Louisiana federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 91670, April 24, 2017) and dismissed a Rastafarian inmate's challenge to grooming regulations that require all male inmates to receive a closely cropped haircut.

In Smith v. Goss, 2017 U.S. Dist. LEXIS 91675 (ED CA, June 14, 2017), a California federal magistrate judge dismissed, with leave to amend, a series of complaints by an inmate, including that he was retaliated against by denial of his religious meals.

In Epp v. Frakes, 2017 U.S. Dist. LEXIS 92236 (D NE, June 15, 2017), a Nebraska federal district court allowed a Buddhist inmate to move ahead on his claim for prospective relief growing out of his complaint that his religious diet has been suspended as a disciplinary measure at least 4 times and he is not permitted to obtain food items from outside sources.

Recent Prisoner Free Exercise Cases

In Kerry X v. Pennsylvania Department of Corrections, (3d Cir., June 6, 2017), the 3rd Circuit affirmed the dismissal of a suit by an inmate who practices a form of Islam known as Muhammad’sTemple of Islam who contended that he could not observe certain holy days.

In Bush v. Lackawanna County Prison, 2017 U.S. Dist. LEXIS 87494 (MD PA, June 7, 2017), a Pennsylvania federal district court dismissed for failure to prosecute a former inmate's commplaint that he had been unable to practice his Nation of Islam religion.

In Gadbury v. California, 2017 U.S. Dist. LEXIS 88422 (ED CA, June 7, 2017), a California federal magistrate judge dismissed an inmate's free exercise complaint that his vegetarian diet sometimes included fish or eggs.

Recent Prisoner Free Exercise Cases

In Ruffin v. Hinkley, 2017 U.S. Dist. LEXIS 81827 (D ME, May 30, 2017), a Maine federal magistrate judge recommended that a Muslim inmate's complaint that he was served pork on 3 occasions be dismissed but that he be allowed to move ahead with his claim that he was denied various religious material and items while Christian inmates receive religious services.

In Johnson v. Doty, 2017 U.S. Dist. LEXIS 82179 (SD NY, May 19, 2017), a New York federal district court dismissed with leave to file an amended complaint a suit by a Muslim inmate seeking $1 million in damages and injunctive relief growing out of plaintiff effectively being denied the ability to attend Eid-ul-Adha services in 2014. Plaintiff contended that he suffers from mental anguish, trauma and nightmares of going to hell for missing the observance. The court concluded plaintiff had not alleged personal involvement by any of the named defendants.

In Jackson v. Collins, 2017 U.S. Dist. LEXIS 82793 (WD MO, May 31, 2017), a Missouri federal district court in rejecting motions to reconsider prior orders held that neither RLUIPA nor the Establishment Clause were violated by the failure of prison authorities to have "Atheism" listed among the choices of religious preference gathered at intake on an inmate's face sheet. "No Religious Preference," "Unknown," and "Other" are among the choices available.

In Adams v. Williams, 2017 U.S. Dist. LEXIS 81926 (ED AR, May 30, 2017), an Arkansas federal district court adopted a magistrate's recommendations (2017 U.S. Dist. LEXIS 83026, April 12, 2017) and dismissed without prejudice an inmate' suit that merely alleged that he was forcefully denied his religion as a form of punishment.

In Stevens v. Cain, 2017 U.S. Dist. LEXIS 83889 (MD LA, June 1, 2017), a Louisiana federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 84013, May 23, 2017), and dismissed an inmate's complaint that a TB test was forcibly administered after he refused for religious reasons to have the test performed.

In Vincent v. Stewart, 2017 U.S. Dist. LEXIS 83522 (WD WA, May 31, 2017), a Washington federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 84167, April 17, 2017) and dismissed a suit by a Hare Krishna inmate who sought modification of the Vegetarian Religious Diet to, among other things, add a pint of fresh milk daily which his personal religious beliefs required.

In Carr v. Jackson, 2017 U.S. Dist. LEXIS 84442 (ND GA, June 1, 2017), a Georgia federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 84444, June 1, 2017) and dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint that he never received responses to his requests for Halal or Kosher meals.

Recent Prisoner Free Exercise Cases

In Debarr v. Clark, 2017 U.S. Dist. LEXIS 76941 (D NV, May 19, 2017), a Nevada federal magistrate judge recommended that a Pagan inmatebe allowed o move ahead with his complaint that he was denied access to any outdoor area for the practice of his faith and that while in disciplinary segregation he could not participate in any Solstice holiday ceremonies.

In Davis v. Abercrombie, 2017 U.S. Dist. LEXIS 77609 (D HI, May 22, 2017), an Hawaii federal district court gave final approval to the settlement in a class action by Native Hawaiian inmates who complained that they were denied access to religious items and to a spiritual advisor and group religious activities.

In Todd v. California Department of Corrections and Rehabilitation, 2017 U.S. Dist. LEXIS 79852 (ED CA, May 23, 2017), a California federal magistrate judge recommended dismissing on qualified immunity grounds religious exercise complaints by inmates who were members of the "Ecclesia Creatoris" religious organization which promotes the Creativity religion.  It was reasonable for officials to conclude that Creativity is not a "religion" for 1st Amendment purposes.

In Merrick v. Penzone, 2017 Ariz. App. Unpub. LEXIS 625 (AZ App., May 23, 2017), the Arizona Court of appeals affirmed dismissal of a suit by an inmate who is a member of the Fundamental American Christian Temple who was denied unmonitored, unrecorded telephone calls with his brother who was a church elder.

Recent Prisoner Free Exercise Cases

In Ashley-Drake v. Russell, 2017 U.S. Dist. LEXIS 73984 (D NJ, May 16, 2017), a New Jersey federal district court dismissed an inmate's complaint that he was prohibited from attending group religious services while in disciplinary detention.

In Brooks v. Corrections Corporation of America, 2017 U.S. Dist. LEXIS 74369 (D AZ, May 15, 2017), an Arizona federal district court dismissed an inmate's complaint that he was not permitted to participate in the Ramadan fast when staff should have known he wished to participate.

In Al-Bukhari v. Department of Correction, 2017 U.S. Dist. LEXIS 74939 (D CT, May 17, 2017), a Connecticut federal district court allowed an inmate to move ahead with his complaint that his rights under the 1st Amendment and RLUIPA were infringed when he was denied his Qur'an and other religious books.

In Sears v. Thomas, 2017 U.S. Dist. LEXIS 75375 (SD FL, May 15, 2017), a Florida federal district court, rejecting a magistrate's recommendation (2017 U.S. Dist. LEXIS 56953, April 12, 2017), allowed an inmate to move ahead with his claim that a chain and crucifix he possessed were improperly seized because he had prior authorization for them.

In Little v. Guice, 2017 U.S. Dist. LEXIS 76593 (WD NC, May 19, 2017), a North Carolina federal district court dismissed, for failure to exhaust administrative remedies, an inmate's claim that he was disciplined for being a gang member because of his identification as "Moorish American."

Recent Prisoner Free Exercise Cases

In Jones v. Johnson, 2017 U.S. Dist. LEXIS 69634 (D CT, May 8, 2017), a Connecticut federal district court dismissed a Muslim inmate's complaint that he was denied congregate religious services while confined in the Administrative Segregation Program.

In Greenhill v. Clarke, 2017 U.S. Dist. LEXIS 70937 (WD VA, May 10, 2017), a Virginia federal district court adopted a magistrate's recommendations (2017 U.S. Dist. LEXIS 71291, March 20, 2017) and denied a preliminary injunction to a Muslim inmate who complained that he was precluded from observing weekly Jum'ah services because inmates in segregation can watch a tape of such services only if they purchase their own television set.

In Kitchen v. Leach, 2017 U.S. Dist. LEXIS 71144 (WD MI, May 10, 2017), a Michigan federal district court dismissed a Muslim inmate's claim that a vegan diet imposes a substantial burden on his religious beliefs and his complaint that his meal trays were marked kosher.  However it allowed him to move ahead with his claim that the vegan menu causes him gastrointestinal distress that interferes with his religious practices.

In Bishop v. Mohave Mental Health Inc., 2017 U.S. Dist. LEXIS 71368 (D AZ, May 10, 2017), an Arizona federal magistrate judge dismissed with leave to amend plaintiff complained that he was not allowed to attend religious services on March 24, 2013, without prior permission from his probation officer.

In Griffin v. Lopez, 2017 U.S. Dist. LEXIS 72315 (ED CA, May 11, 2017), a California federal magistrate judge dismissed with leave to amend a Muslim inmate's complaint that he was denied religious meals on one day during Ramadan, and that defendant has a custom of denying Ramadan meals.

Recent Prisoner Free Exercise Cases

In Myrick v. Torres, 2017 Pa. Commw. Unpub. LEXIS 310 (Commonwealth Ct. PA, May 1, 2017), a Pennsylvania appeals court affirmed the dismissal with leave to amend by the trial court of an inmate's complaint that the number of choir practices for Seventh Day Adventist were reduced and that the Chaplain Program Director favored Latin music and services and replaced Christian ushers with Latin ushers.

In Chichakli v. Cheatham, 2017 U.S. Dist. LEXIS 66746 (SD FL, May 1, 2017), a Florida federal district court allowed an inmate to move ahead with his 1st Amendment (but not his RLUIPA) claim growing out of alleged denial of access to his prayer book, Bible, and Tefillin.

In Mitchell v. Robicheaux, 2017 U.S. Dist. LEXIS 66826 (ED CA, May 1, 2017), a California federal magistrate judge recommended revoking plaintiff's in forma pauperis status under the "3 strikes" provision in a suit alleging failure to provide plaintiff meals consistent with the religion of Islam.

In Vaughn v. Wegman, 2017 U.S. Dist. LEXIS 66839 (ED CA, May 1, 2017), a California federal magistrate judge recommended that an inmate be allowed to move ahead with his complaint that he was denied kosher meals and access to Jewish religious services.

In Sessing v. Sherman, 2017 U.S. Dist. LEXIS 67626 (ED CA, May 3, 2017), a California federal district court terminated an inmate's suit which challenged a now-discontinued policy that prohibited the construction of new worship grounds at his Substance Abuse Treatment Facility, preventing him from exercising his outdoor, fire-centric Odinist religion.

In Gordon v. Sniff, 2017 U.S. Dist. LEXIS 67753 (CD CA, May 2, 2017), a California federal district court adopted a magistrate's recommendations (2017 U.S. Dist. LEXIS 67757, April 28, 2017), and allowed an inmate to move ahead with most of his claims alleging that Muslim inmates were denied all religious services, while services were provided for all other religious beliefs.

In Brinkman v. Ryan, 2017 U.S. Dist. LEXIS 68293 (D AZ, May 3, 2017), an Arizona federal district court dismissed a Wiccan inmate's complaint that his religious practices were not accommodated.

In Wolcott v. Board of Rabbis of Northern & Southern California, 2017 U.S. Dist. LEXIS 68435 (ED CA, May 3, 2017), a California federal magistrate judge recommended dismissing a complaint by an inmate seeking to convert to Judaism that he is unable to obtain Tefillin and Tzittzit.