In Omran v. Prator, (5th Cir., Dec. 30, 2016), the 5th Circuit Court of Appeals affirmed dismissal of a suit by a Muslim inmate who was denied halal or kosher food.
In Quezada v. Cate, 2016 U.S. Dist. LEXIS 179982 (ED CA, Dec. 28, 2016), a California federal magistrate judge recommended that a House of Yahweh inmate be allowed to move forward only on his equal protection damage claim growing out of the suspension of his access to kosher meals.
In Vance v. Wright, 2017 U.S. Dist. LEXIS 82 (D SC, Jan. 3, 2017), a South Carolina federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 180700, Nov. 29, 2016) and dismissed an inmate's claim that he had been denied religious material.
In Hale v. Vannoy, 2017 U.S. Dist. LEXIS 1866 (MD LA, Jan. 4, 2017), a Louisiana federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 181299, Dec. 16, 2016), and dismissed a claim by an inmate who is a follower of the Nation of Gods and Earths that his request for a religious vegetarian diet was refused.
Showing posts with label Prisoner cases. Show all posts
Showing posts with label Prisoner cases. Show all posts
Sunday, January 08, 2017
Sunday, January 01, 2017
Recent Prisoner Free Exercise Cases
In Oliver v. Adams, 2016 U.S. Dist. LEXIS 177694 (ED CA, Dec. 22, 2016), a California federal magistrate judge allowed an inmate to move ahead with his suit for injunctive relief to the extent he claims systemic discrimination against Shetaut Neter throughout the California correctional system, but dismissed on various grounds other claims relating to past denials of a religious diet and other religious accommodations.
In Sirleaf v. Robinson, 2016 U.S. Dist. LEXIS 178028 (ED VA, Dec. 21, 2016), a Virginia federal district court dismissed without prejudice for failure to exhaust administrative remedies an inmate's claims that he was denied religious feasts of his "Common Wealth of Israel" faith.
In Colliton v. Bunt, 2016 U.S. Dist. LEXIS 178765 (SD NY, Dec. 27, 2016), a New York federal district court rejected a complaint that plaintiff's probation conditions requiring attendance at treatment and involvement in the community interfere with his lifestyle of prayer.
In Stewart v. Richardson, 2016 U.S. Dist. LEXIS 178809 (SD NY, Dec. 27, 2016), a New York federal district court allowed an inmate to move ahead with some claims alleging that his religious material, including his bible and family-made items, were confiscated.
In Rials v. Avalos, 2016 U.S. Dist. LEXIS 178827 (ND CA, Dec. 27, 2016), a California federal district court dismissed with leave to amend a complaint by an inmate who was a member of the Moorish Science Temple of America that a rules violation report placed in his file reduced his ability to practice his religion.
In France v. Allman, 2016 U.S. Dist. LEXIS 178843 (ND CA, Dec. 27, 2016), a California federal magistrate judge dismissed a complaint by an Odinist inmate that his request for religious meals was denied.
In Beaver v. Nevada, 2016 U.S. Dist. LEXIS 179307 (D NV, Dec. 23, 2016), a Nevada federal district court dismissed with leave to amend an inmate's complaint over denial of a diet based on his religious belief that he should not eat things with a conscience.
In Fields v. Paramo, 2016 U.S. Dist. LEXIS 179423 (ED CA, Dec. 28, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that his request for a religious circumcision was denied.
In Floyd v. Williams, 2016 U.S. Dist. LEXIS 179903 (SD GA, Dec. 29, 2016), a Georgia federal magistrate judge recommended dismissing a Muslim inmate's complaint that because he was a Tier II inmate, he was not permitted to participate in a second Eid-ul-Fitr feast paid for by inmates, but limited to those in general population.
In Brown v. Ducart, 2016 U.S. Dist. LEXIS 179948 (ND CA, Dec. 29, 2016), a California federal district court permitted an inmate who is a minister affiliated with the United Kings Against Genocidal Environments religious community to move ahead with his claim that his group's religious material was confiscated and that he was told he could not assemble in the prison chapel until he changes his "religious ideology," as well as the name of his group.
In Sirleaf v. Robinson, 2016 U.S. Dist. LEXIS 178028 (ED VA, Dec. 21, 2016), a Virginia federal district court dismissed without prejudice for failure to exhaust administrative remedies an inmate's claims that he was denied religious feasts of his "Common Wealth of Israel" faith.
In Colliton v. Bunt, 2016 U.S. Dist. LEXIS 178765 (SD NY, Dec. 27, 2016), a New York federal district court rejected a complaint that plaintiff's probation conditions requiring attendance at treatment and involvement in the community interfere with his lifestyle of prayer.
In Stewart v. Richardson, 2016 U.S. Dist. LEXIS 178809 (SD NY, Dec. 27, 2016), a New York federal district court allowed an inmate to move ahead with some claims alleging that his religious material, including his bible and family-made items, were confiscated.
In Rials v. Avalos, 2016 U.S. Dist. LEXIS 178827 (ND CA, Dec. 27, 2016), a California federal district court dismissed with leave to amend a complaint by an inmate who was a member of the Moorish Science Temple of America that a rules violation report placed in his file reduced his ability to practice his religion.
In France v. Allman, 2016 U.S. Dist. LEXIS 178843 (ND CA, Dec. 27, 2016), a California federal magistrate judge dismissed a complaint by an Odinist inmate that his request for religious meals was denied.
In Beaver v. Nevada, 2016 U.S. Dist. LEXIS 179307 (D NV, Dec. 23, 2016), a Nevada federal district court dismissed with leave to amend an inmate's complaint over denial of a diet based on his religious belief that he should not eat things with a conscience.
In Fields v. Paramo, 2016 U.S. Dist. LEXIS 179423 (ED CA, Dec. 28, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that his request for a religious circumcision was denied.
In Floyd v. Williams, 2016 U.S. Dist. LEXIS 179903 (SD GA, Dec. 29, 2016), a Georgia federal magistrate judge recommended dismissing a Muslim inmate's complaint that because he was a Tier II inmate, he was not permitted to participate in a second Eid-ul-Fitr feast paid for by inmates, but limited to those in general population.
In Brown v. Ducart, 2016 U.S. Dist. LEXIS 179948 (ND CA, Dec. 29, 2016), a California federal district court permitted an inmate who is a minister affiliated with the United Kings Against Genocidal Environments religious community to move ahead with his claim that his group's religious material was confiscated and that he was told he could not assemble in the prison chapel until he changes his "religious ideology," as well as the name of his group.
Sunday, December 25, 2016
Recent Prisoner Free Exercise Cases
In Ali v. Eckstein, 2016 U.S. Dist. LEXIS 175024 (ED WI, Dec. 19, 2016), a Wisconsin federal district court ordered a Muslim inmate who sued over his inability to sign up to participate in Ramadan to file an amended complaint curing pleading deficiencies.
In Harvey v. Gonzalez, 2016 U.S. Dist. LEXIS 175793 (D CO, Dec. 20, 2016), a Colorado federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 175796, Nov. 21, 2016) and dismissed as moot a Muslim inmate's complaint about confiscation of his Qur'an and his inability to obtain a replacement.
In Carawan v. Mitchell, 2016 U.S. Dist. LEXIS 175858 (WD NC, Dec. 20, 2016), a North Carolina federal district court permitted a Muslim inmate to move ahead with his complaint that he was forced to choose between attending class to earn gain-time credits and attending Muslim worship services held at the same time.
In Husband v. Dougherty, 2016 U.S. Dist. LEXIS 175890 (D AZ, Dec. 19, 2016), an Arizona federal district court dismissed an inmate's claim that his access to the grievance process was blocked because of his religion.
In Baines v. Hicks, 2016 U.S. Dist. LEXIS 176116 (ED VA, Dec. 19, 2016), a Virginia federal district court dismissed a Muslim inmate's complaint regarding removal from the common fare diet and pressure to consume food from the common fare diet that did not meet his religious dietary requirements.
In Walters v. Livingston, 2016 Tex. App. LEXIS 13507 (TX App., Dec. 21, 2016), a Texas state appeals court held that a provision in the state's Religious Freedom Restoration Act that bars a person filing suit if the burden on religious exercise has been cured does not allow the state to avoid liability by curing a burden once the suit has been filed. Here the suit was by a Native American inmate.
In Pigues v. Solano County Jail, 2016 U.S. Dist. LEXIS 176910 (ED CA, Dec. 21, 2016), a California federal magistrate judge recommended dismissal of a suit by a Jehovah's Witness inmate complaining that correctional officers confiscated two religious drawings they thought to be gang related.
In Villalobos v. Bosenko, 2016 U.S. Dist. LEXIS 176924 (ED CA, Dec. 20, 2016), a California federal magistrate judge dismissed a complaint by an inmate who was a recent convert to Buddhism that he was denied a religiously compliant vegetarian diet that could have been served by combining elements of existing diets available to inmates.
In Stathum v. Nadrowski, 2016 U.S. Dist. LEXIS 177492 (D NJ, Dec. 22, 2016), a New Jersey federal district court allowed a Muslim inmate to proceed with his equal protection challenge, but not his free exercise challenge, to requiring him to accept vegetarian meals to satisfy his religious dietary needs instead of kosher meals that were available to Jewish inmates.
In Harvey v. Gonzalez, 2016 U.S. Dist. LEXIS 175793 (D CO, Dec. 20, 2016), a Colorado federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 175796, Nov. 21, 2016) and dismissed as moot a Muslim inmate's complaint about confiscation of his Qur'an and his inability to obtain a replacement.
In Carawan v. Mitchell, 2016 U.S. Dist. LEXIS 175858 (WD NC, Dec. 20, 2016), a North Carolina federal district court permitted a Muslim inmate to move ahead with his complaint that he was forced to choose between attending class to earn gain-time credits and attending Muslim worship services held at the same time.
In Husband v. Dougherty, 2016 U.S. Dist. LEXIS 175890 (D AZ, Dec. 19, 2016), an Arizona federal district court dismissed an inmate's claim that his access to the grievance process was blocked because of his religion.
In Baines v. Hicks, 2016 U.S. Dist. LEXIS 176116 (ED VA, Dec. 19, 2016), a Virginia federal district court dismissed a Muslim inmate's complaint regarding removal from the common fare diet and pressure to consume food from the common fare diet that did not meet his religious dietary requirements.
In Walters v. Livingston, 2016 Tex. App. LEXIS 13507 (TX App., Dec. 21, 2016), a Texas state appeals court held that a provision in the state's Religious Freedom Restoration Act that bars a person filing suit if the burden on religious exercise has been cured does not allow the state to avoid liability by curing a burden once the suit has been filed. Here the suit was by a Native American inmate.
In Pigues v. Solano County Jail, 2016 U.S. Dist. LEXIS 176910 (ED CA, Dec. 21, 2016), a California federal magistrate judge recommended dismissal of a suit by a Jehovah's Witness inmate complaining that correctional officers confiscated two religious drawings they thought to be gang related.
In Villalobos v. Bosenko, 2016 U.S. Dist. LEXIS 176924 (ED CA, Dec. 20, 2016), a California federal magistrate judge dismissed a complaint by an inmate who was a recent convert to Buddhism that he was denied a religiously compliant vegetarian diet that could have been served by combining elements of existing diets available to inmates.
In Stathum v. Nadrowski, 2016 U.S. Dist. LEXIS 177492 (D NJ, Dec. 22, 2016), a New Jersey federal district court allowed a Muslim inmate to proceed with his equal protection challenge, but not his free exercise challenge, to requiring him to accept vegetarian meals to satisfy his religious dietary needs instead of kosher meals that were available to Jewish inmates.
Sunday, December 18, 2016
Recent Prisoner Free Exercise Cases
In Brooks v. Williams, 2016 U.S. Dist. LEXIS 171453 (SD IL, Dec. 12, 2016), an Illinois federal district court allowed an inmate to move ahead with this complaint that he was denied access to Rastafari Sabbath services, but dismissed without prejudice has claim that he was denie access to a holy Piby religious text.
In Alamiin v. Patton, 2016 U.S. Dist. LEXIS 172044 (WD OK, Dec. 13, 2016), an Oklahoma federal district court while dismissing a number of claims allowed an inmate to move ahead with his claim regarding an improper halal diet.
In Parkell v. Senato, 2016 U.S. Dist. LEXIS 172419 (D DE, Dec. 13, 2016), a Delaware federal district court dismissed on qualified immunity grounds the two-year delay in furnishing kosher meals to an inmate whose religious beliefs combined Judaism and Wicca.
In Davies v. Toole, 2016 U.S. Dist. LEXIS 172978 (SD GA, Dec. 14, 2016), a Georgia federal magistrate judge concluded that a Muslim inmate stated a colorable claim for injunctive relief and nominal damages for refusal to provide him a vegan diet. A preliminary injunction was denied.
In El-Shaddai v. Stainer, 2016 U.S. Dist. LEXIS 173755 (CD CA, Dec. 13, 2016), a California federal district court dismissed complaints seeking accommodations for a kosher diet, religious name change, Messianic Hebrew religious services and ritual herbal smoking blends by an inmate claiming to be a practitioner of various occult traditions including the Hermetic Order of Melchizedek.
In Bey v. Pennsylvania Board of Probation & Parole, 2016 U.S. Dist. LEXIS 174301 (MD PA, Dec. 15, 2016), a Pennsylvania federal magistrate judge recommended that an inmate who is an adherent of Moorish Science Temple of America be allowed to move ahead on his Establishment Clause challenge to a Therapeutic Community program, alleging it has a religious component.
In Alamiin v. Patton, 2016 U.S. Dist. LEXIS 172044 (WD OK, Dec. 13, 2016), an Oklahoma federal district court while dismissing a number of claims allowed an inmate to move ahead with his claim regarding an improper halal diet.
In Parkell v. Senato, 2016 U.S. Dist. LEXIS 172419 (D DE, Dec. 13, 2016), a Delaware federal district court dismissed on qualified immunity grounds the two-year delay in furnishing kosher meals to an inmate whose religious beliefs combined Judaism and Wicca.
In Davies v. Toole, 2016 U.S. Dist. LEXIS 172978 (SD GA, Dec. 14, 2016), a Georgia federal magistrate judge concluded that a Muslim inmate stated a colorable claim for injunctive relief and nominal damages for refusal to provide him a vegan diet. A preliminary injunction was denied.
In El-Shaddai v. Stainer, 2016 U.S. Dist. LEXIS 173755 (CD CA, Dec. 13, 2016), a California federal district court dismissed complaints seeking accommodations for a kosher diet, religious name change, Messianic Hebrew religious services and ritual herbal smoking blends by an inmate claiming to be a practitioner of various occult traditions including the Hermetic Order of Melchizedek.
In Bey v. Pennsylvania Board of Probation & Parole, 2016 U.S. Dist. LEXIS 174301 (MD PA, Dec. 15, 2016), a Pennsylvania federal magistrate judge recommended that an inmate who is an adherent of Moorish Science Temple of America be allowed to move ahead on his Establishment Clause challenge to a Therapeutic Community program, alleging it has a religious component.
Sunday, December 11, 2016
Recent Prisoner Free Exercise Cases
In Pickering v. California Department of Corrections, 2016 U.S. Dist. LEXIS 167867 (ED CA, Dec. 5, 2016), a California federal magistrate judge recommended dismissing an inmate's claims that defendants have hindered the practice of his Astru/Odinic faith. However the court recommended that plaintiff be allowed to proceed with his retaliation claim.
In Malone v. Selby, 2016 U.S. Dist. LEXIS 168764 (SD IL, Dec. 6, 2016), an Illinois federal district court permitted an inmate to move ahead with a claim that a corrections official destroyed or discarded plaintiff's Bible concordance.
In Lane v. Tavares, 2016 U.S. Dist. LEXIS 168965 (MD PA, Dec. 7, 2016), a Pennsylvania federal district court accepted a magistrate's recommendation and allowed a Muslim inmate to move ahead with a claim that the prison doctor intentionally interfered with his attempt to gain safe access to Friday Prayers.
In Alderson v. Kelley, 2016 U.S. Dist. LEXIS 168233 (ED AR, Dec. 6, 2016), and Arkansas federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 169173, Oct. 28, 2016) and dismissed an inmate's complaint that his request to have a beard for religious reasons was previously denied.
In Willison v. Davis, 2016 U.S. Dist. LEXIS 169241 (SD OH, Dec. 7, 2016), an Ohio federal magistrate judge recommended dismissing a suit against the state Religious Services Administrator brought by an inmate who change his religion to Natsarim (Messianic Judaism) and was initially denied kosher meals and participation in the Passover feast.
In Quiero v. Muniz, 2016 U.S. Dist. LEXIS 170733 (MD PA, Dec. 8, 2016), a Pennsylvania federal magistrate judge recommended that an inmate be allowed to proceed with his challenge to a policy that denied him access to bible studies, church services, and chaplains while in the restricted housing unit. UPDATE: The court adopted the magistrate's recommendations at 2017 U.S. Dist. LEXIS 11766, Jan. 27, 2017.
In Young v. Biter, 2016 U.S. Dist. LEXIS 170992 (ED CA, Dec. 9, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint about his ability to practice his religion and denial of a kosher diet.
In Malone v. Selby, 2016 U.S. Dist. LEXIS 168764 (SD IL, Dec. 6, 2016), an Illinois federal district court permitted an inmate to move ahead with a claim that a corrections official destroyed or discarded plaintiff's Bible concordance.
In Lane v. Tavares, 2016 U.S. Dist. LEXIS 168965 (MD PA, Dec. 7, 2016), a Pennsylvania federal district court accepted a magistrate's recommendation and allowed a Muslim inmate to move ahead with a claim that the prison doctor intentionally interfered with his attempt to gain safe access to Friday Prayers.
In Alderson v. Kelley, 2016 U.S. Dist. LEXIS 168233 (ED AR, Dec. 6, 2016), and Arkansas federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 169173, Oct. 28, 2016) and dismissed an inmate's complaint that his request to have a beard for religious reasons was previously denied.
In Willison v. Davis, 2016 U.S. Dist. LEXIS 169241 (SD OH, Dec. 7, 2016), an Ohio federal magistrate judge recommended dismissing a suit against the state Religious Services Administrator brought by an inmate who change his religion to Natsarim (Messianic Judaism) and was initially denied kosher meals and participation in the Passover feast.
In Quiero v. Muniz, 2016 U.S. Dist. LEXIS 170733 (MD PA, Dec. 8, 2016), a Pennsylvania federal magistrate judge recommended that an inmate be allowed to proceed with his challenge to a policy that denied him access to bible studies, church services, and chaplains while in the restricted housing unit. UPDATE: The court adopted the magistrate's recommendations at 2017 U.S. Dist. LEXIS 11766, Jan. 27, 2017.
In Young v. Biter, 2016 U.S. Dist. LEXIS 170992 (ED CA, Dec. 9, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint about his ability to practice his religion and denial of a kosher diet.
Sunday, December 04, 2016
Recent Prisoner Free Exercise Cases
In Mikell v. Sibanda, 2016 U.S. Dist. LEXIS 163345 (WD PA, Nov. 28, 2016), a Pennsylvania federal magistrate judge dismissed a Muslim inmate's complaint that he did not receive Ramadan meals in 2012 even though he was on the Ramadan list.
In Bizzell v. King County Department of Adult & Juvenile Detention, 2016 U.S. Dist. LEXIS 163639 (WD WA, Nov. 28, 2016), a Washington federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 163725, Oct. 24, 2016) and dismissed without prejudice for failing to exhaust administrative remedies a Muslim inmate's complaint that his request to attend Jum'ah services was denied, as was his request for a kufi and his request to be added to the Ramadan meal list. However the federal magistrate indicated that had plaintiff exhausted his remedies the court would have found the denials of Ramadan meals under an all or none policy and denial of a kufi to violate RLUIPA.
In Hamrick v. Baird, 2016 U.S. Dist. LEXIS 164426 (SD IL, Nov. 29, 2016), an Illinois federal district court allowed an inmate to proceed with his claims that his free exercise, RFRA and equal protection rights were infringed by a policy that barred Muslim inmates from participating in group prayer or group religious activity.
In Salik v. Illinois Department of Corrections, 2016 U.S. Dist. LEXIS 166242 (SD IL, Dec. 1, 2016), an Illinois federal district court permitted a Muslim inmate to move ahead against some of the defendants on his complaint that he was removed from the Ramadan meal list for refusing to attend chapel services; and that he was initially denied a halal diet and then was placed on a diet more restrictive that his religion required.
In Ferguson-El v. Horton, 2016 U.S. Dist. LEXIS 166244 (WD VA, Nov. 30, 2016), a Virginia federal district court dismissed an inmate's complaint that he was threatened with segregation for teaching Sovereign Citizen ideology as part of a meeting for Moorish Science Temple of America adherents.
In Bennett v. Burt, 2016 U.S. Dist. LEXIS 166452 (WD MI, Dec. 2, 2016), a Michigan federal district court dismissed an inmate's complaint that he lost 4 days work until he was transferred from a work assignment that would have required him to work on Saturday (his Sabbath) to another assignment.
In Winnett v. Bray, 2016 U.S. Dist. LEXIS 166560 (ED AR, Dec. 2, 2106), an Arkansas federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 166666, Nov. 18, 2016) and allowed an inmate to move ahead on his complaint that he was denied Sabbath meals prepared in compliance with the requirements of his religion.
In Arendas v. Mesa County, 2016 U.S. Dist. LEXIS 166732 (D CO, Nov. 29, 2016), a Colorado federal magistrate judge recommended dismissing an action by an inmate seeking an injunction and $1 million in damages who contended the requirement that he wear an identification wrist band violates his Catholic religious belief that he may not wear a non-medically related unremovable item on his body.
In Etterson v. Newcome, 2016 U.S. Dist. LEXIS 166986 (ED VA, Dec. 1, 2016), a Virginia federal district court dismissed without prejudice for failure to exhaust administrative remedies a Muslim inmate's complaint that he was removed from the list for Ramadan meals after he was observed eating during the fast.
In Bizzell v. King County Department of Adult & Juvenile Detention, 2016 U.S. Dist. LEXIS 163639 (WD WA, Nov. 28, 2016), a Washington federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 163725, Oct. 24, 2016) and dismissed without prejudice for failing to exhaust administrative remedies a Muslim inmate's complaint that his request to attend Jum'ah services was denied, as was his request for a kufi and his request to be added to the Ramadan meal list. However the federal magistrate indicated that had plaintiff exhausted his remedies the court would have found the denials of Ramadan meals under an all or none policy and denial of a kufi to violate RLUIPA.
In Hamrick v. Baird, 2016 U.S. Dist. LEXIS 164426 (SD IL, Nov. 29, 2016), an Illinois federal district court allowed an inmate to proceed with his claims that his free exercise, RFRA and equal protection rights were infringed by a policy that barred Muslim inmates from participating in group prayer or group religious activity.
In Salik v. Illinois Department of Corrections, 2016 U.S. Dist. LEXIS 166242 (SD IL, Dec. 1, 2016), an Illinois federal district court permitted a Muslim inmate to move ahead against some of the defendants on his complaint that he was removed from the Ramadan meal list for refusing to attend chapel services; and that he was initially denied a halal diet and then was placed on a diet more restrictive that his religion required.
In Ferguson-El v. Horton, 2016 U.S. Dist. LEXIS 166244 (WD VA, Nov. 30, 2016), a Virginia federal district court dismissed an inmate's complaint that he was threatened with segregation for teaching Sovereign Citizen ideology as part of a meeting for Moorish Science Temple of America adherents.
In Bennett v. Burt, 2016 U.S. Dist. LEXIS 166452 (WD MI, Dec. 2, 2016), a Michigan federal district court dismissed an inmate's complaint that he lost 4 days work until he was transferred from a work assignment that would have required him to work on Saturday (his Sabbath) to another assignment.
In Winnett v. Bray, 2016 U.S. Dist. LEXIS 166560 (ED AR, Dec. 2, 2106), an Arkansas federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 166666, Nov. 18, 2016) and allowed an inmate to move ahead on his complaint that he was denied Sabbath meals prepared in compliance with the requirements of his religion.
In Arendas v. Mesa County, 2016 U.S. Dist. LEXIS 166732 (D CO, Nov. 29, 2016), a Colorado federal magistrate judge recommended dismissing an action by an inmate seeking an injunction and $1 million in damages who contended the requirement that he wear an identification wrist band violates his Catholic religious belief that he may not wear a non-medically related unremovable item on his body.
In Etterson v. Newcome, 2016 U.S. Dist. LEXIS 166986 (ED VA, Dec. 1, 2016), a Virginia federal district court dismissed without prejudice for failure to exhaust administrative remedies a Muslim inmate's complaint that he was removed from the list for Ramadan meals after he was observed eating during the fast.
Sunday, November 27, 2016
Recent Prisoner Free Exercise Cases
In Porter v. Wegman, (9th Cir., Nov. 23, 2016), the 9th Circuit reversed a distrcit court's summary judgment for defendant and remanded for trial an inmate's complaint that he was wrongly switched from a kosher diet to a vegetarian diet and was denied dietary accommodations during multi-day Passover observances.
In Davilla v. Watts, 2016 U.S. Dist. LEXIS 160966 (SD GA, Nov. 21, 2016), a Georgia federal magistrate judge recommended denying a preliminary injunction to a Santeria practitioner who sought additional ability to practice his religion.
In Sanford v. Madison County, 2016 U.S. Dist. LEXIS 161906 (SD IL, Nov. 22, 2016). an Illinois federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 161904, Nov. 4, 2016) and allowed a Muslim inmate to file an amended complaint alleging that defendants imposed unconstitutional restrictions on his religious practices.
In White v. Wright, 2016 U.S. Dist. LEXIS 161870 (ED WI, Nov. 22, 2016), a Wisconsin federal district court allowed a Muslim inmate to move ahead with his complaint that jail authorities interfered with, and harassed him during, his prayers, and often denied him his vegan diet.
In Yah'Torah v. Hicks, 2016 U.S. Dist. LEXIS 162315 (D NJ, Nov. 22, 2016), a New Jersey federal magistrate judge permitted an inmate to reinstate the head of the Religious Issues Committee as a defendant in his suit complaining that he was denied access to fragrant oils for religious purposes.
In Hauseur v. Clark, 2016 U.S. Dist. LEXIS 162849 (ED CA, Nov. 22, 2016), a California federal magistrate judge recommended allowing amendments to assert claims under California's Civil Code 51.7 and the Bane Act by an inmate who complained about the standards for kosher meals he received and about the failure to provide Jewish religious services on many occasions. The court dismissed plaintiff's claim under the Unruh Civil Rights Act.
In Hedin v. Castillo, 2016 U.S. Dist. LEXIS 162528 (D OR, Nov. 23, 2016), an Oregon federal district court adopted a magistrate's findings (2016 U.S. Dist. LEXIS 163020, Sept. 27, 2016) and dismissed on various grounds claims by an inmate that changes had restricted his ability to practice his Asatru faith.
In Fletcher v. Kelly, 2016 U.S. Dist. LEXIS 162443 (ED AR, Nov. 23, 2016), an Arkansas federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 163028, Oct. 28, 2016) and dismissed (for failure to exhaust administrative remedies against him) one of the defendants in a suit by a Cherokee Nation inmate who is seeking use of a sweat lodge and a number of other ceremonial items.
In Davilla v. Watts, 2016 U.S. Dist. LEXIS 160966 (SD GA, Nov. 21, 2016), a Georgia federal magistrate judge recommended denying a preliminary injunction to a Santeria practitioner who sought additional ability to practice his religion.
In Sanford v. Madison County, 2016 U.S. Dist. LEXIS 161906 (SD IL, Nov. 22, 2016). an Illinois federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 161904, Nov. 4, 2016) and allowed a Muslim inmate to file an amended complaint alleging that defendants imposed unconstitutional restrictions on his religious practices.
In White v. Wright, 2016 U.S. Dist. LEXIS 161870 (ED WI, Nov. 22, 2016), a Wisconsin federal district court allowed a Muslim inmate to move ahead with his complaint that jail authorities interfered with, and harassed him during, his prayers, and often denied him his vegan diet.
In Yah'Torah v. Hicks, 2016 U.S. Dist. LEXIS 162315 (D NJ, Nov. 22, 2016), a New Jersey federal magistrate judge permitted an inmate to reinstate the head of the Religious Issues Committee as a defendant in his suit complaining that he was denied access to fragrant oils for religious purposes.
In Hauseur v. Clark, 2016 U.S. Dist. LEXIS 162849 (ED CA, Nov. 22, 2016), a California federal magistrate judge recommended allowing amendments to assert claims under California's Civil Code 51.7 and the Bane Act by an inmate who complained about the standards for kosher meals he received and about the failure to provide Jewish religious services on many occasions. The court dismissed plaintiff's claim under the Unruh Civil Rights Act.
In Hedin v. Castillo, 2016 U.S. Dist. LEXIS 162528 (D OR, Nov. 23, 2016), an Oregon federal district court adopted a magistrate's findings (2016 U.S. Dist. LEXIS 163020, Sept. 27, 2016) and dismissed on various grounds claims by an inmate that changes had restricted his ability to practice his Asatru faith.
In Fletcher v. Kelly, 2016 U.S. Dist. LEXIS 162443 (ED AR, Nov. 23, 2016), an Arkansas federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 163028, Oct. 28, 2016) and dismissed (for failure to exhaust administrative remedies against him) one of the defendants in a suit by a Cherokee Nation inmate who is seeking use of a sweat lodge and a number of other ceremonial items.
Sunday, November 20, 2016
Recent Prisoner Free Exercise Cases
In Sanchez v. Mitchell, 2016 U.S. Dist. LEXIS 157853 (D MA, Nov. 15, 2016), a Massachusetts federal district court dismissed an inmate's complaint that his free exercise rights were infringed when he was removed from the kosher diet list because he had received 3 incident reports within 30 days.
In Demara v. Barker, 2016 U.S. Dist. LEXIS 158191 (ED CA, Nov. 15, 2016), a California federal magistrate judge dismissed with leave to amend a Native American inmate's complaint that authorities lost a religious package sent to him containing an engraved flute and ceremonial beads and instruments. This prevented him from attending flute ceremonies which caused him to be ostracized by his tribe.
In Kindred v. King, 2016 U.S. Dist. LEXIS 158203 (ED CA, Nov. 15, 2016), a California federal magistrate judge, while dismissing a number of claims by a Native American civil detainee of interference with his religious practices, permitted plaintiff to move ahead with a claim that two of the defendants denied him spiritual or sacred items that do not implicate safety and security concerns.
In Sirleaf v. Wall, 2016 U.S. Dist. LEXIS 158256 (ED VA, Nov. 15, 2016), a Virginia federal district court dismissed for failure to exhaust administrative remedies a complaint by an inmate who was "a member of the Common Wealth of Israel" that he was denied Ecumenical Pilgrim Feast, worship items and the right to celebrate the birthday and coronations of Emperor Haile Selaisse.
In Venkataram v. Bureau of Prisons, 2016 U.S. Dist. LEXIS 158767 (SD FL, Nov. 15, 2016), a Florida federal magistrate judge recommended dismissing with leave to amend a Hindu inmate's complaint that he was denied vegetarian meals that conform to his religious beliefs.
In Amaker v. Fischer, 2016 U.S. Dist. LEXIS 158785 (WD NY, Nov. 16, 2016), a New York federal magistrate judge allowed a Nation of Islam inmate to file an amended complaint alleging that a corrections officer prevented him from possessing his religious materials.
In Hearns v. Gonzales, 2016 U.S. Dist. LEXIS 159016 (ED CA, Nov. 15, 2016), a California federal magistrate judge refused to allow an inmate to amend his complaint to add a claim that a corrections officer poured bleach over his prayer rug and then confiscated it in retaliation for his filing this lawsuit.
In Feiger v. Smith, 2016 U.S. Dist. LEXIS 159731 (ED CA, Nov. 16, 2016), a California federal magistrate judge dismissed a Jewish inmate's claims under state law (Unruh Civil Rights Act and Bane Act) regarding problems with the kosher diet program and religious services, but rejected defendants' immunity defense.
In Olodumare v. U.S. District Court, 2016 U.S. Dist. LEXIS 160369 (SD FL, Nov. 17, 2016), a Florida federal magistrate judge dismissed as "a hodgepodge of unsupported assertions written in incomprehensible legalistic gibberish" a pleading captioned "All Writs of Habeas Corpus Declared by God."
In Demara v. Barker, 2016 U.S. Dist. LEXIS 158191 (ED CA, Nov. 15, 2016), a California federal magistrate judge dismissed with leave to amend a Native American inmate's complaint that authorities lost a religious package sent to him containing an engraved flute and ceremonial beads and instruments. This prevented him from attending flute ceremonies which caused him to be ostracized by his tribe.
In Kindred v. King, 2016 U.S. Dist. LEXIS 158203 (ED CA, Nov. 15, 2016), a California federal magistrate judge, while dismissing a number of claims by a Native American civil detainee of interference with his religious practices, permitted plaintiff to move ahead with a claim that two of the defendants denied him spiritual or sacred items that do not implicate safety and security concerns.
In Sirleaf v. Wall, 2016 U.S. Dist. LEXIS 158256 (ED VA, Nov. 15, 2016), a Virginia federal district court dismissed for failure to exhaust administrative remedies a complaint by an inmate who was "a member of the Common Wealth of Israel" that he was denied Ecumenical Pilgrim Feast, worship items and the right to celebrate the birthday and coronations of Emperor Haile Selaisse.
In Venkataram v. Bureau of Prisons, 2016 U.S. Dist. LEXIS 158767 (SD FL, Nov. 15, 2016), a Florida federal magistrate judge recommended dismissing with leave to amend a Hindu inmate's complaint that he was denied vegetarian meals that conform to his religious beliefs.
In Amaker v. Fischer, 2016 U.S. Dist. LEXIS 158785 (WD NY, Nov. 16, 2016), a New York federal magistrate judge allowed a Nation of Islam inmate to file an amended complaint alleging that a corrections officer prevented him from possessing his religious materials.
In Hearns v. Gonzales, 2016 U.S. Dist. LEXIS 159016 (ED CA, Nov. 15, 2016), a California federal magistrate judge refused to allow an inmate to amend his complaint to add a claim that a corrections officer poured bleach over his prayer rug and then confiscated it in retaliation for his filing this lawsuit.
In Feiger v. Smith, 2016 U.S. Dist. LEXIS 159731 (ED CA, Nov. 16, 2016), a California federal magistrate judge dismissed a Jewish inmate's claims under state law (Unruh Civil Rights Act and Bane Act) regarding problems with the kosher diet program and religious services, but rejected defendants' immunity defense.
In Olodumare v. U.S. District Court, 2016 U.S. Dist. LEXIS 160369 (SD FL, Nov. 17, 2016), a Florida federal magistrate judge dismissed as "a hodgepodge of unsupported assertions written in incomprehensible legalistic gibberish" a pleading captioned "All Writs of Habeas Corpus Declared by God."
Sunday, November 13, 2016
Recent Prisoner Free Exercise Cases
In Omaro v. O'Connell, 2016 U.S. Dist. LEXIS 153846 (WD NY, Nov. 4, 2016), a New York federal district court granted summary judgment to a Muslim inmate, finding that his free exercise rights were infringed when he was wrongly removed from the Ramadan call out meal schedule. The court referred the case to a magistrate judge for a settlement conference on damages. The court dismissed plaintiff's equal protection challenge.
In Holmes v. Engleson, 2016 U.S. Dist. LEXIS 155201 (ND IL, Nov. 9, 2016), an Illinois federal district court refused to dismiss an inmate's complaint that his dreadlocks and beard that he wore for religious reasons were shaved against his will.
In Simmons v. Hulette, 2016 U.S. Dist. LEXIS 155721 (ND CA, Nov. 9, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that he has been denied a traditional Lakota Inipi Purification Ceremony, access to a drum circle and talking circle, medicine and materials for ceremonies and a competent spiritual adviser.
In Cooper v. Bower, 2016 U.S. Dist. LEXIS 155988 (WD KY, Nov. 9, 2016), a Kentucky federal district court allowed an inmate to move ahead with his complaint that he was not allowed to receive a copy of the Qur'an that had been purchased for him by a relative instead of from funds in his inmate account.
In Yaacov v. Mohr, 2016 U.S. Dist. LEXIS 156199 (ND OH, Nov. 10, 2016), an Ohio federal district court dismissed a Jewish inmate's complaint that he is unable to obtain kosher vegan meals.
In Parkerson v. Ferns, 2016 U.S. Dist. LEXIS 156210 (D OR, Nov. 10, 2016), an Oregon federal district court dismissed for failure to exhaust administrative remedies and inmate's complaint that he was suspended from receiving kosher meals because he ate non-kosher food from the commissary as well.
In Tilmon v. Keith, 2016 U.S. Dist. LEXIS 156512 (WD LA, Sept. 14, 2016), a Louisiana federal magistrate judge dismissed a Muslim inmate's complaint that in 2012 he was unable to observe Eid ul Adha. However he was permitted to proceed with his claim that unwanted exposure to second-hand tobacco smoke and synthetic marijuana smoke interfered with his ability to pray.
In Holmes v. Engleson, 2016 U.S. Dist. LEXIS 155201 (ND IL, Nov. 9, 2016), an Illinois federal district court refused to dismiss an inmate's complaint that his dreadlocks and beard that he wore for religious reasons were shaved against his will.
In Simmons v. Hulette, 2016 U.S. Dist. LEXIS 155721 (ND CA, Nov. 9, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that he has been denied a traditional Lakota Inipi Purification Ceremony, access to a drum circle and talking circle, medicine and materials for ceremonies and a competent spiritual adviser.
In Cooper v. Bower, 2016 U.S. Dist. LEXIS 155988 (WD KY, Nov. 9, 2016), a Kentucky federal district court allowed an inmate to move ahead with his complaint that he was not allowed to receive a copy of the Qur'an that had been purchased for him by a relative instead of from funds in his inmate account.
In Yaacov v. Mohr, 2016 U.S. Dist. LEXIS 156199 (ND OH, Nov. 10, 2016), an Ohio federal district court dismissed a Jewish inmate's complaint that he is unable to obtain kosher vegan meals.
In Parkerson v. Ferns, 2016 U.S. Dist. LEXIS 156210 (D OR, Nov. 10, 2016), an Oregon federal district court dismissed for failure to exhaust administrative remedies and inmate's complaint that he was suspended from receiving kosher meals because he ate non-kosher food from the commissary as well.
In Tilmon v. Keith, 2016 U.S. Dist. LEXIS 156512 (WD LA, Sept. 14, 2016), a Louisiana federal magistrate judge dismissed a Muslim inmate's complaint that in 2012 he was unable to observe Eid ul Adha. However he was permitted to proceed with his claim that unwanted exposure to second-hand tobacco smoke and synthetic marijuana smoke interfered with his ability to pray.
Sunday, November 06, 2016
Recent Prisoner Free Exercise Cases
In Sioleski v. Capra, 2016 U.S. Dist. LEXIS 150556 (SD NY, Oct. 31, 2016), a New York federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that authorities refuse to recognize him as a Native American because he did not prove tribal affiliation; thus he is unable to attend Native American religious services, festivals and dances.
In Sokolsky v. California, 2016 U.S. Dist. LEXIS 150754 (ED CA, Oct. 31, 2016), a California federal magistrate judge denied a preliminary injunction to a civil detainee complaining that his rights to practice his Jewish religion were infringed and he was denied medically appropriate food.
In Chesser v. Rivas, 2016 U.S. Dist. LEXIS 151944 (SD IL, Nov. 2, 2016), a California federal district court adopted a magistrate's recommendations and, while dismissing a number of claims, permitted a Muslim inmate to move ahead with his equal protection challenge to restrictions on his teaching or learning Arabic and wearing shortened pants.
In Chesser v. Walton, 2016 U.S. Dist. LEXIS 151940 (SD IL, Nov. 2, 2016), an Illinois federal district court dismissed a Muslim inmate's challenge to the congregate prayer policy that limited limited Muslims to once a week instead of the five daily group prayers. However plaintiff was permitted to proceed with his retaliation claim.
In Quezada v. Cate, 2016 U.S. Dist. LEXIS 152213 (ED CA, Nov. 1, 2016), a California federal magistrate judge recommended concluding that plaintiff met the criteria for a "vexatious litigant" and should be required to post $10,000 in security before proceeding with his complaint that he was denied Jewish kosher meals.
In Sokolsky v. California, 2016 U.S. Dist. LEXIS 150754 (ED CA, Oct. 31, 2016), a California federal magistrate judge denied a preliminary injunction to a civil detainee complaining that his rights to practice his Jewish religion were infringed and he was denied medically appropriate food.
In Chesser v. Rivas, 2016 U.S. Dist. LEXIS 151944 (SD IL, Nov. 2, 2016), a California federal district court adopted a magistrate's recommendations and, while dismissing a number of claims, permitted a Muslim inmate to move ahead with his equal protection challenge to restrictions on his teaching or learning Arabic and wearing shortened pants.
In Chesser v. Walton, 2016 U.S. Dist. LEXIS 151940 (SD IL, Nov. 2, 2016), an Illinois federal district court dismissed a Muslim inmate's challenge to the congregate prayer policy that limited limited Muslims to once a week instead of the five daily group prayers. However plaintiff was permitted to proceed with his retaliation claim.
In Quezada v. Cate, 2016 U.S. Dist. LEXIS 152213 (ED CA, Nov. 1, 2016), a California federal magistrate judge recommended concluding that plaintiff met the criteria for a "vexatious litigant" and should be required to post $10,000 in security before proceeding with his complaint that he was denied Jewish kosher meals.
Sunday, October 30, 2016
Recent Prisoner Free Exercise Cases
In Smith v. Lind, 2016 U.S. Dist. LEXIS 146953 (WD WI, Oct. 24, 2016), a Wisconsin federal magistrate judge allowed a Muslim inmate to move ahead with various of his claims relating to denial of adequate Ramadan meals, Eid-ul-Fitr feast foods, and a non-vegan Halal diet, as well as the prohibition on inmate-led services.
In Malone v. Duvall, 2016 U.S. Dist. LEXIS 147031 (SD IL, Oct. 24, 2016), an Illinois federal district court dismissed with leave to amend an inmate's complaint that on one occasion he was denied religious services.
In Houston v. Collerman, 2016 U.S. Dist. LEXIS 148106 (ND NY, Oct 26, 2016), a New York federal district court dismissed without prejudice a Muslim inmate's claim that his free exercise rights were infringed when, because of a false misbehavior report, he was unable to participate in Ramadan and denied his religious meals.
In Goulding v. Kaemingk, 2016 U.S. Dist. LEXIS 148020 (D SD, Oct. 25, 2016), a South Dakota federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 148327, Sept. 23, 2016), and dismissed an inmate's claim that his religious rights were infringed when authorities denied his request to hold his own non-denominational Christian worship services and Bible study on Saturdays.
In Padilla v. Kernan, 2016 U.S. Dist. LEXIS 148386 (SD CA, Oct. 24, 2016), a California federal district court dismissed for failure to pay a filing fee an inmate's complaint that he was denied kosher meals for a 15 month period.
In Wofford v. Austin, 2016 U.S. Dist. LEXIS 148907 (WD MI, Oct. 27, 2016), a Michigan federal district court dismissed a Nation of Islam inmate's complaint that he was not provided a replacement meal when his Ramadan meal was cross-contaminated by spillage from one part of the meal onto another, and that he was verbally harassed when he complained.
In Espinoza v. Irby, 2016 U.S. Dist. LEXIS 149178 (D AZ, Oct. 25, 2016), an Arizona federal district court dismissed without prejudice for failure to exhaust administrative remedies an inmate's complaint that his kosher diet was discontinued.
In Booker v. Graham, 2016 U.S. Dist. LEXIS 149332 (ND NY, Oct. 26, 2016), a New York federal magistrate judge dismissed a Nation of Islam inmate's complaint that Ramadan observance was impeded by a facility-wide lockdown and that he was denied access to weekly congregate religious services while in administrative segregation. However the court allowed plaintiff to move ahead with his claim of retaliation for filing grievances over the Ramadan lockdown.
In Raines v. Guembe, 2016 U.S. Dist. LEXIS 149978 (ED CA, Oct. 27, 2016), a California federal magistrate judge dismissed a complaint by a Wiccan inmate that there was a 6 week delay in his beginning to receive vegetarian religious meals after he requested them.
UPDATE: In Watkins v. Secretary, Florida Department of Corrections, (11th Cir., Oct. 28, 2016), the 11th Circuit in a brief per curiam opinion affirmed a trial court injunction ordering the state to furnish a kosher diet to an inmate, rejecting the state's const containment and security arguments.
In Malone v. Duvall, 2016 U.S. Dist. LEXIS 147031 (SD IL, Oct. 24, 2016), an Illinois federal district court dismissed with leave to amend an inmate's complaint that on one occasion he was denied religious services.
In Houston v. Collerman, 2016 U.S. Dist. LEXIS 148106 (ND NY, Oct 26, 2016), a New York federal district court dismissed without prejudice a Muslim inmate's claim that his free exercise rights were infringed when, because of a false misbehavior report, he was unable to participate in Ramadan and denied his religious meals.
In Goulding v. Kaemingk, 2016 U.S. Dist. LEXIS 148020 (D SD, Oct. 25, 2016), a South Dakota federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 148327, Sept. 23, 2016), and dismissed an inmate's claim that his religious rights were infringed when authorities denied his request to hold his own non-denominational Christian worship services and Bible study on Saturdays.
In Padilla v. Kernan, 2016 U.S. Dist. LEXIS 148386 (SD CA, Oct. 24, 2016), a California federal district court dismissed for failure to pay a filing fee an inmate's complaint that he was denied kosher meals for a 15 month period.
In Wofford v. Austin, 2016 U.S. Dist. LEXIS 148907 (WD MI, Oct. 27, 2016), a Michigan federal district court dismissed a Nation of Islam inmate's complaint that he was not provided a replacement meal when his Ramadan meal was cross-contaminated by spillage from one part of the meal onto another, and that he was verbally harassed when he complained.
In Espinoza v. Irby, 2016 U.S. Dist. LEXIS 149178 (D AZ, Oct. 25, 2016), an Arizona federal district court dismissed without prejudice for failure to exhaust administrative remedies an inmate's complaint that his kosher diet was discontinued.
In Booker v. Graham, 2016 U.S. Dist. LEXIS 149332 (ND NY, Oct. 26, 2016), a New York federal magistrate judge dismissed a Nation of Islam inmate's complaint that Ramadan observance was impeded by a facility-wide lockdown and that he was denied access to weekly congregate religious services while in administrative segregation. However the court allowed plaintiff to move ahead with his claim of retaliation for filing grievances over the Ramadan lockdown.
In Raines v. Guembe, 2016 U.S. Dist. LEXIS 149978 (ED CA, Oct. 27, 2016), a California federal magistrate judge dismissed a complaint by a Wiccan inmate that there was a 6 week delay in his beginning to receive vegetarian religious meals after he requested them.
UPDATE: In Watkins v. Secretary, Florida Department of Corrections, (11th Cir., Oct. 28, 2016), the 11th Circuit in a brief per curiam opinion affirmed a trial court injunction ordering the state to furnish a kosher diet to an inmate, rejecting the state's const containment and security arguments.
Sunday, October 23, 2016
Recent Prisoner Free Exercise Cases
In Peele v. Klemm, (3d Cir., Oct. 17, 2016), the 3rd Circuit affirmed the dismissal of a Muslim inmate's complaint that a Department of Corrections policy restricts rights to attend Eid al-Adha and Eid al-Fitr feasts. Inmates were required to pay for the feast and had to participate in all of Ramadan.
In Wilkins v. Lemon, 2016 U.S. Dist. LEXIS 143491 (ND IN, Oct. 17, 2016), an Indiana federal district court allowed a Muslim inmate to move ahead on claims for damages and injunctive relief for being denied halal meat, prayer oils and festive foods for the Eids.
In Biggins v. Coupe, 2016 U.S. Dist. LEXIS 143696 (D DE, Oct. 14, 2016), a Delaware federal district court held that an inmate's in forma pauperis free exercise claim is barred by the 3-strike rule even though it was brought as a mandamus action.
In Abreu v. Travers, 2016 U.S. Dist. LEXIS 145171 (ND NY, Oct. 20, 2016), a New York federal district court held because plaintiff failed to identify his religion, it could not determine if the denial of one kosher meal placed a substantial burden on his religious beliefs.
In Wallace v. Olivarria, 2016 U.S. Dist. LEXIS 146380 (SD CA, Oct. 21, 2016), a California federal district court dismissed an inmate's complaint that his religious practice was burdened by changing his schedule for his prison job.
In Wilkins v. Lemon, 2016 U.S. Dist. LEXIS 143491 (ND IN, Oct. 17, 2016), an Indiana federal district court allowed a Muslim inmate to move ahead on claims for damages and injunctive relief for being denied halal meat, prayer oils and festive foods for the Eids.
In Biggins v. Coupe, 2016 U.S. Dist. LEXIS 143696 (D DE, Oct. 14, 2016), a Delaware federal district court held that an inmate's in forma pauperis free exercise claim is barred by the 3-strike rule even though it was brought as a mandamus action.
In Abreu v. Travers, 2016 U.S. Dist. LEXIS 145171 (ND NY, Oct. 20, 2016), a New York federal district court held because plaintiff failed to identify his religion, it could not determine if the denial of one kosher meal placed a substantial burden on his religious beliefs.
In Wallace v. Olivarria, 2016 U.S. Dist. LEXIS 146380 (SD CA, Oct. 21, 2016), a California federal district court dismissed an inmate's complaint that his religious practice was burdened by changing his schedule for his prison job.
Sunday, October 16, 2016
Recent Prisoner Free Exercise Cases
In Garner v. Muenchow, 2016 U.S. Dist. LEXIS 141335 (ED WI, Oct. 12, 2016), a Wisconsin federal district court dismissed an inmate's complaint that correctional officers treated Muslim inmates differently than others in access to vendor catalogs to order religious items and access to a Qur'an from the chapel.
In Annabel v. Michigan Department of Corrections, 2016 U.S. Dist. LEXIS 142269 (WD MI, Oct. 14, 2016), a Michigan federal district court dismissed a broad series of claims of mistreatment by a Jewish inmate, including harassment on the basis of his religion and interferences with his kosher diet.
In Hamilton v. Deputy Warden, 2016 U.S. Dist. LEXIS 142299 (SD NY, Oct. 13, 2016), a New York federal district court, while dismissing many claims, allowed a Muslim inmate to move ahead with his complaint against one defendant that he was denied access to religious services.
In Bullock v. Mitchell, 2016 U.S. Dist. LEXIS 142624 (WD NC, Oct. 13, 2016), a North Carolina federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that authorities were attempting to reclassify the Moorish Science Temple of America as a gang and its members as "security threat individuals."
In Wilcox v. Brown, 2016 U.S. Dist. LEXIS 142625 (WD NC, Oct. 13, 2016, a North Carolina federal district court dismissed an inmate's complaint that Rastafarian services were suspended.
In Annabel v. Michigan Department of Corrections, 2016 U.S. Dist. LEXIS 142269 (WD MI, Oct. 14, 2016), a Michigan federal district court dismissed a broad series of claims of mistreatment by a Jewish inmate, including harassment on the basis of his religion and interferences with his kosher diet.
In Hamilton v. Deputy Warden, 2016 U.S. Dist. LEXIS 142299 (SD NY, Oct. 13, 2016), a New York federal district court, while dismissing many claims, allowed a Muslim inmate to move ahead with his complaint against one defendant that he was denied access to religious services.
In Bullock v. Mitchell, 2016 U.S. Dist. LEXIS 142624 (WD NC, Oct. 13, 2016), a North Carolina federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that authorities were attempting to reclassify the Moorish Science Temple of America as a gang and its members as "security threat individuals."
In Wilcox v. Brown, 2016 U.S. Dist. LEXIS 142625 (WD NC, Oct. 13, 2016, a North Carolina federal district court dismissed an inmate's complaint that Rastafarian services were suspended.
Friday, October 14, 2016
3rd Circuit Gives Muslim Inmate Victory On Retaliation and RFRA Claims
In Mack v. Warden, (3d Cir., Oct. 11, 2016), the U.S. 3rd Circuit Court of Appeals in a lengthy opinion gave an unusual victory to an inmate who claims that anti-Muslim harassment by two correctional officers caused him to refrain from praying while at his paid work assignment at a federal prison commissary. He contends that he was terminated from his work assignment for orally complaining to a supervisor about the harassment. The suit was filed pro se, and inmate Charles Mack lost at the trial court level. However he prevailed on a number of his claims on appeal at which he was represented by law students from Duke University's Appellate Litigation Clinic.
One of the defendant officers slapped Mack on his back, sticking an "I Love Bacon" sign on him, and then threatened to have him fired when he later objected. The appeals court held 2-1 that Mack's oral complaint to a prison guard about the mistreatment qualifies as a petition for the redress of grievances protected by the 1st and 14th Amendments. It thus supports a 1st Amendment retaliation claim. Second the appeals court held unanimously that a claim for damages under RFRA (as opposed to RLUIPA) lies against individual officers for their ultra vires acts, even though a prison policy or regulation is not being challenged, and that the alleged conduct substantially burdened plaintiff's religious exercise. The court however refused to extend a Bivens damage remedy for 1st Amendment free exercise violations and also dismissed plaintiff's equal protection claim. Penn Live reports on the decision.
One of the defendant officers slapped Mack on his back, sticking an "I Love Bacon" sign on him, and then threatened to have him fired when he later objected. The appeals court held 2-1 that Mack's oral complaint to a prison guard about the mistreatment qualifies as a petition for the redress of grievances protected by the 1st and 14th Amendments. It thus supports a 1st Amendment retaliation claim. Second the appeals court held unanimously that a claim for damages under RFRA (as opposed to RLUIPA) lies against individual officers for their ultra vires acts, even though a prison policy or regulation is not being challenged, and that the alleged conduct substantially burdened plaintiff's religious exercise. The court however refused to extend a Bivens damage remedy for 1st Amendment free exercise violations and also dismissed plaintiff's equal protection claim. Penn Live reports on the decision.
Sunday, October 09, 2016
Recent Prisoner Free Exercise Cases
In Rush v. Malin, 2016 U.S. Dist. LEXIS 137779 (SD NY, Oct. 4, 2016), a New York federal district court denied a preliminary injunction to a Shi'a Muslim inmate who was not permitted to observe Muharram/Ashura separately from Sunni Muslims.
In Khan v. Barela, 2016 U.S. Dist. LEXIS 139052 (D NM, Sept. 30, 2016), a New Mexico federal magistrate judge dismissed a complaint by a Muslim inmate that prison officials failed to give him a requested daily prayer schedule and Islamic Observance Calendar and required him to remain in a pod while Christian sermons were being presented.
In Khan v. Barela, 2016 U.S. Dist. LEXIS 139052 (D NM, Sept. 30, 2016), a New Mexico federal magistrate judge dismissed a complaint by a Muslim inmate that prison officials failed to give him a requested daily prayer schedule and Islamic Observance Calendar and required him to remain in a pod while Christian sermons were being presented.
Sunday, October 02, 2016
Recent Prisoner Free Exercise Cases
In a lengthy opinion in Jackson v. Crawford, 2016 U.S. Dist. LEXIS 130983 (WD MO, Sept. 26, 2016), a Missouri federal district court upheld the prison system's failure to include "atheism" as a religious preference on intake forms, but allowed an inmate to move ahead on his claim that he was not given a sufficient opportunity for a secular alternative to the standard substance abuse program.
In Mitchell v. Cicchi, 2016 U.S. Dist. LEXIS 131900 (D NJ, Sept. 26, 2016), a New Jersey federal district court allowed a Muslim inmate to move ahead with a claim for nominal damages asserting that his free exercise rights were infringed when he was not allowed to attend an Eid feast because he was in maximum custody status.
In Warrior v. Gonzalez, 2016 U.S. Dist. LEXIS 132639 (ED CA, Sept. 27, 2016), a California federal district court dismissed a suit by a Muslim inmate challenging unclothed visual body cavity searches of Muslim inmates during Ramadan before they were allowed to attend religious programming.
In Williams v. Blood, 2016 U.S. Dist. LEXIS 133517 (D UT, Sept. 27, 2016), a Utah federal district court refused to dismiss for failure to exhaust administrative remedies an inmate's complaint that authorities ended certain Islamic meetings and he was retaliated against for filing grievances about religious diet accommodations.
In Harris v. California Medical Forensic Service, 2016 U.S. Dist. LEXIS 133752 (ND CA, Sept. 28, 2016), a California federal magistrate judge dismissed an inmate's claim that denial of use of marijuana burdened the exercise of his Christian Fundamentalist beliefs.
In Epperson v. Crawford, 2016 U.S. Dist. LEXIS 134065 (WD KY, Sept. 29, 2016), a Kentucky federal district court dismissed a Muslim inmate's complaint that a correctional officer dragged his prayer rug across the floor, but allowed him to move ahead with a complaint alleging retaliation for filing a grievance over the incident.
In Brewer-El v. Beckstrom, 2016 Ky. App. Unpub. LEXIS 662 (KY App., Sept. 30, 2016), a Kentucky state appeals court upheld the dismissal of an inmate's complaint that his grievance would not be considered because he added the suffiix "EL" to his last name. He alleged this infringed his free exercise of religion.
In Williams v. Pollard, 2016 U.S. Dist. LEXIS 134509 (ED WI, Sept. 29, 2016), a Wisconsin federal district court dismissed an inmate's complaint over confiscation of his materials from Fruit of Islam, a subgroup (considered by authorities as a security threat group) within the religious group Nation of Islam. His retaliation claim was also rejected.
In Sharps v. Richardson, 2016 U.S. Dist. LEXIS 135297 (D MD, Sept. 29, 2016) a Maryland federal district court rejected a Muslim inmate's complaint that the vegetarian diet that complies with his religious requirements consists of a repetition of the same meals.
In Johnson v. Federal Bureau of Prisons, 2016 U.S. Dist. LEXIS 135434 (MD PA, Sept. 30, 2016), a Pennsylvania federal district court allowed a Muslim inmate to move forward with complaints that he was not permitted to engage in group prayer and was not allowed to pray in the prison library and at adult education classes.
In Elder v. Cook County Department of Corrections, 2016 Ill. App. Unpub. LEXIS 2117 (IL App., Sept. 30, 2016), an Illinois state appellate court upheld dismissal of a complaint by an inmate who was a follower of Hermeticism that his request for a copy of the Kybalion was ignored.
In Mitchell v. Cicchi, 2016 U.S. Dist. LEXIS 131900 (D NJ, Sept. 26, 2016), a New Jersey federal district court allowed a Muslim inmate to move ahead with a claim for nominal damages asserting that his free exercise rights were infringed when he was not allowed to attend an Eid feast because he was in maximum custody status.
In Warrior v. Gonzalez, 2016 U.S. Dist. LEXIS 132639 (ED CA, Sept. 27, 2016), a California federal district court dismissed a suit by a Muslim inmate challenging unclothed visual body cavity searches of Muslim inmates during Ramadan before they were allowed to attend religious programming.
In Williams v. Blood, 2016 U.S. Dist. LEXIS 133517 (D UT, Sept. 27, 2016), a Utah federal district court refused to dismiss for failure to exhaust administrative remedies an inmate's complaint that authorities ended certain Islamic meetings and he was retaliated against for filing grievances about religious diet accommodations.
In Harris v. California Medical Forensic Service, 2016 U.S. Dist. LEXIS 133752 (ND CA, Sept. 28, 2016), a California federal magistrate judge dismissed an inmate's claim that denial of use of marijuana burdened the exercise of his Christian Fundamentalist beliefs.
In Epperson v. Crawford, 2016 U.S. Dist. LEXIS 134065 (WD KY, Sept. 29, 2016), a Kentucky federal district court dismissed a Muslim inmate's complaint that a correctional officer dragged his prayer rug across the floor, but allowed him to move ahead with a complaint alleging retaliation for filing a grievance over the incident.
In Brewer-El v. Beckstrom, 2016 Ky. App. Unpub. LEXIS 662 (KY App., Sept. 30, 2016), a Kentucky state appeals court upheld the dismissal of an inmate's complaint that his grievance would not be considered because he added the suffiix "EL" to his last name. He alleged this infringed his free exercise of religion.
In Williams v. Pollard, 2016 U.S. Dist. LEXIS 134509 (ED WI, Sept. 29, 2016), a Wisconsin federal district court dismissed an inmate's complaint over confiscation of his materials from Fruit of Islam, a subgroup (considered by authorities as a security threat group) within the religious group Nation of Islam. His retaliation claim was also rejected.
In Sharps v. Richardson, 2016 U.S. Dist. LEXIS 135297 (D MD, Sept. 29, 2016) a Maryland federal district court rejected a Muslim inmate's complaint that the vegetarian diet that complies with his religious requirements consists of a repetition of the same meals.
In Johnson v. Federal Bureau of Prisons, 2016 U.S. Dist. LEXIS 135434 (MD PA, Sept. 30, 2016), a Pennsylvania federal district court allowed a Muslim inmate to move forward with complaints that he was not permitted to engage in group prayer and was not allowed to pray in the prison library and at adult education classes.
In Elder v. Cook County Department of Corrections, 2016 Ill. App. Unpub. LEXIS 2117 (IL App., Sept. 30, 2016), an Illinois state appellate court upheld dismissal of a complaint by an inmate who was a follower of Hermeticism that his request for a copy of the Kybalion was ignored.
Sunday, September 25, 2016
Recent Prisoner Free Exercise Cases
In Whitney v. Varner, 2016 U.S. Dist. LEXIS 127018 (MD PA, Sept. 19, 2016), a Pennsylvania federal district court held that where an inmate refused to provide a written indication of his religious preference, prison officials could not be found to have substantially burdened the exercise of his unknown belief.
In Sims v. Frakes, 2016 U.S. Dist. LEXIS 127229 (D NE, Sept. 19, 2016), a Nebraska federal district court allowed a Native American inmate to proceed on his claim for prospective injunctive relief challenging limitations placed on sweat lodge and Pow Wow ceremonies.
In Windham v. Rodriguez, 2016 U.S. Dist. LEXIS 127501 (ED CA, Sept. 19, 2016), a California federal magistrate judge rejected a Muslim inmate's claim that destruction of his Qur'an by a corrections officer substantially burdened his religious exercise, and held that to the extent he is suing for deprivation of property, he has an adequate post-deprivation remedy.
In Gray v. Perkins, 2016 U.S. Dist. LEXIS 128117 (D NH, Sept. 20, 2016), a New Hampshire federal district court dismissed an inmate's complaint that in a cell search his Bibles, religious books, and religious pamphlets were seized and not returned.
In Bethel v. Jenkins, 2016 U.S. Dist. LEXIS 128815 (SD OH, Sept. 21, 2016), an Ohio federal district court, adopting a magistrate's recommendation, held that an exception that treated religious books shipped to inmates more favorably than other books did not violate the Establishment Clause or equal protection clause.
In Furnace v. Gipson, 2016 U.S. Dist. LEXIS 129156 (ED CA, Sept. 20, 2016), a California federal magistrate judge recommended that an inmate be permitted to file and proceed with his third amended complaint claiming that prison authorities denied him a religious name change and denied his request to purchase religious items. UPDATE: The court adopted the magistrate's recommendations at 2016 U.S. Dist. LEXIS 160521, Nov. 17, 2016.
In Eleby v. Graham, 2016 U.S. Dist. LEXIS 129831 (ND NY, Sept. 21, 2016), a New York federal magistrate judge recommended dismissing a complaint by a Nation of Islam inmate who objected to a 6-day period during Ramadan where, because of a lockdown, Muslim inmates were not permitted to meet for communal meals or prayer and were provided a bag meal instead of a hot halal meal to break fast at sun up.
In Lewis v. Maye, 2016 U.S. Dist. LEXIS 129861 (D KS, Sept. 21, 2016), a Kansas federal magistrate judge recommended dismissing a suit by a Nation of Islam inmate who contended that the prison chaplain did not consider the NOI holiday of Savior's Day important enough to be recognized or given precedence over other activities in the multi-faith Life Connections Program.
In Harris v. Escamilla, 2016 U.S. Dist. LEXIS 130006 (ED CA, Sept. 22, 2016), a California federal magistrate judge recommended dismissing a Muslim inmates's complaint that during a cell search a corrections officer stepped on his Qur'an and there was delay in his obtaining a replacement copy.
In Miles v. Guice, 2016 U.S. Dist. LEXIS 130316 (ED NC, Sept. 23, 2016), a North Carolina federal district court dismissed a suit by a member of Nations of Gods and Earths who wanted group worship, holiday fasting, a vegan diet and written materials, and wanted to possess a medallion or flag.
In Howard v. Foster, 2016 U.S. Dist. LEXIS 130465 (D NV, Sept. 23, 2016), a Nevada federal district court refused to dismiss an inmate's complaint about conduct that an officer assigned to oversee Muslim religious services was disruptive and yelled so that inmates were unable to complete their services.
In Sims v. Frakes, 2016 U.S. Dist. LEXIS 127229 (D NE, Sept. 19, 2016), a Nebraska federal district court allowed a Native American inmate to proceed on his claim for prospective injunctive relief challenging limitations placed on sweat lodge and Pow Wow ceremonies.
In Windham v. Rodriguez, 2016 U.S. Dist. LEXIS 127501 (ED CA, Sept. 19, 2016), a California federal magistrate judge rejected a Muslim inmate's claim that destruction of his Qur'an by a corrections officer substantially burdened his religious exercise, and held that to the extent he is suing for deprivation of property, he has an adequate post-deprivation remedy.
In Gray v. Perkins, 2016 U.S. Dist. LEXIS 128117 (D NH, Sept. 20, 2016), a New Hampshire federal district court dismissed an inmate's complaint that in a cell search his Bibles, religious books, and religious pamphlets were seized and not returned.
In Bethel v. Jenkins, 2016 U.S. Dist. LEXIS 128815 (SD OH, Sept. 21, 2016), an Ohio federal district court, adopting a magistrate's recommendation, held that an exception that treated religious books shipped to inmates more favorably than other books did not violate the Establishment Clause or equal protection clause.
In Furnace v. Gipson, 2016 U.S. Dist. LEXIS 129156 (ED CA, Sept. 20, 2016), a California federal magistrate judge recommended that an inmate be permitted to file and proceed with his third amended complaint claiming that prison authorities denied him a religious name change and denied his request to purchase religious items. UPDATE: The court adopted the magistrate's recommendations at 2016 U.S. Dist. LEXIS 160521, Nov. 17, 2016.
In Eleby v. Graham, 2016 U.S. Dist. LEXIS 129831 (ND NY, Sept. 21, 2016), a New York federal magistrate judge recommended dismissing a complaint by a Nation of Islam inmate who objected to a 6-day period during Ramadan where, because of a lockdown, Muslim inmates were not permitted to meet for communal meals or prayer and were provided a bag meal instead of a hot halal meal to break fast at sun up.
In Lewis v. Maye, 2016 U.S. Dist. LEXIS 129861 (D KS, Sept. 21, 2016), a Kansas federal magistrate judge recommended dismissing a suit by a Nation of Islam inmate who contended that the prison chaplain did not consider the NOI holiday of Savior's Day important enough to be recognized or given precedence over other activities in the multi-faith Life Connections Program.
In Harris v. Escamilla, 2016 U.S. Dist. LEXIS 130006 (ED CA, Sept. 22, 2016), a California federal magistrate judge recommended dismissing a Muslim inmates's complaint that during a cell search a corrections officer stepped on his Qur'an and there was delay in his obtaining a replacement copy.
In Miles v. Guice, 2016 U.S. Dist. LEXIS 130316 (ED NC, Sept. 23, 2016), a North Carolina federal district court dismissed a suit by a member of Nations of Gods and Earths who wanted group worship, holiday fasting, a vegan diet and written materials, and wanted to possess a medallion or flag.
In Howard v. Foster, 2016 U.S. Dist. LEXIS 130465 (D NV, Sept. 23, 2016), a Nevada federal district court refused to dismiss an inmate's complaint about conduct that an officer assigned to oversee Muslim religious services was disruptive and yelled so that inmates were unable to complete their services.
Sunday, September 18, 2016
Recent Prisoner Free Exercise Cases
In Scarpinato v. Indiana State Prison, 2016 U.S. Dist. LEXIS 122795 (ND IN, Sept. 12, 2016), an Indiana federal district court dismissed an inmate's complaint that he was not allowed to have a Bible in his cell during periods he was in segregation.
In Thomas v. Lakin, 2016 U.S. Dist. LEXIS 123182 (SD IL, Sept. 12, 2016), an Illinois federal district court allowed a Muslim inmate to move ahead with claims that jail authorities denied his request for a copy of the Qur'an, a prayer mat, religious worship services, and a religious diet.
In Hanson v. New Hampshire State Prison Literary Review Commission, 2016 U.S. Dist. LEXIS 123935 (D NH, Sept. 12, 2016), a New Hampshire federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 123936, Aug. 17, 2016) and dismissed an inmate's complaint that he was not allowed to receive a package containing the religious book The Shaolin Grandmasters' Text, and a non-religious book, Sailing a Serious Ocean, sent along with it.
In Gayle v. Harmon, 2016 U.S. Dist. LEXIS 124565 (ED PA, Sept. 13, 2016), a Pennsylvania federal district court, dismissing a case, held that restrictions on attending religious services for those in administrative segregation are rationally related to a legitimate penological interest.
In Stocking v. Semple, 2016 Conn. Super. LEXIS 2210 (CT Super. Ct., Aug. 10, 2016), a Connecticut state trial court dismissed an inmate's complaint that he was continually denied access to religious services.
In Aiello v. West, 2016 U.S. Dist. LEXIS 124739 (WD WI, Sept. 14, 2016), a Wisconsin federal district court allowed a Jewish inmate to move forward with his RLUIPA challenge to the ban on inmate-led group religious services, but dismissed plaintiff's 1st Amendment challenge to that ban as well as his challenges relating to availability of ritual foods for the Passover seder and to changes in the kosher meal menu.
In Munson v. Butler, 2016 U.S. Dist. LEXIS 124817 (SD IL, Sept. 13, 2016), an Illinois federal district court dismissed a Buddhist inmate's complaint that he was not able to receive a low soy lacto-ovo vegetarian diet.
In Beamon v. Dittmann, 2016 U.S. Dist. LEXIS 124879 (ED WI, Sept. 14, 2016), a Wisconsin federal district court upheld a prison's ban on Nations of Gods and Earths material despite plaintiff's claim that his beliefs were derived from various religious traditions.
In Salgado v. NYS Department of Corrections & Community Supervision, 2016 U.S. Dist. LEXIS 126659 (WD NY, Sept. 14, 2016), a New York federal magistrate judge recommended that a Muslim inmate be allowed to proceed with his complaint that he was not allowed to wear his Dihk'r prayer beads outside of his cell.
In Thomas v. Lakin, 2016 U.S. Dist. LEXIS 123182 (SD IL, Sept. 12, 2016), an Illinois federal district court allowed a Muslim inmate to move ahead with claims that jail authorities denied his request for a copy of the Qur'an, a prayer mat, religious worship services, and a religious diet.
In Hanson v. New Hampshire State Prison Literary Review Commission, 2016 U.S. Dist. LEXIS 123935 (D NH, Sept. 12, 2016), a New Hampshire federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 123936, Aug. 17, 2016) and dismissed an inmate's complaint that he was not allowed to receive a package containing the religious book The Shaolin Grandmasters' Text, and a non-religious book, Sailing a Serious Ocean, sent along with it.
In Gayle v. Harmon, 2016 U.S. Dist. LEXIS 124565 (ED PA, Sept. 13, 2016), a Pennsylvania federal district court, dismissing a case, held that restrictions on attending religious services for those in administrative segregation are rationally related to a legitimate penological interest.
In Stocking v. Semple, 2016 Conn. Super. LEXIS 2210 (CT Super. Ct., Aug. 10, 2016), a Connecticut state trial court dismissed an inmate's complaint that he was continually denied access to religious services.
In Aiello v. West, 2016 U.S. Dist. LEXIS 124739 (WD WI, Sept. 14, 2016), a Wisconsin federal district court allowed a Jewish inmate to move forward with his RLUIPA challenge to the ban on inmate-led group religious services, but dismissed plaintiff's 1st Amendment challenge to that ban as well as his challenges relating to availability of ritual foods for the Passover seder and to changes in the kosher meal menu.
In Munson v. Butler, 2016 U.S. Dist. LEXIS 124817 (SD IL, Sept. 13, 2016), an Illinois federal district court dismissed a Buddhist inmate's complaint that he was not able to receive a low soy lacto-ovo vegetarian diet.
In Beamon v. Dittmann, 2016 U.S. Dist. LEXIS 124879 (ED WI, Sept. 14, 2016), a Wisconsin federal district court upheld a prison's ban on Nations of Gods and Earths material despite plaintiff's claim that his beliefs were derived from various religious traditions.
In Salgado v. NYS Department of Corrections & Community Supervision, 2016 U.S. Dist. LEXIS 126659 (WD NY, Sept. 14, 2016), a New York federal magistrate judge recommended that a Muslim inmate be allowed to proceed with his complaint that he was not allowed to wear his Dihk'r prayer beads outside of his cell.
Inmate Has Broader Damage Remedy Under RFRA Than Under RLUIPA
In Crowder v. Lariva, 2016 U.S. Dist. LEXIS 122966 (SD IN, Sept. 12, 2016), an Indiana federal district court permitted a Hebrew Israelite inmate to move ahead against one of the prison chaplains on his complaint that he was denied a kosher diet. Because plaintiff was a federal inmate, he sued (in addition to his 1st Amendment claim) under RFRA instead of RLUIPA, and the court held that he had broader remedies as a result:
Jones [the chaplain] also argues that because the Seventh Circuit in Nelson v. Miller, 570 F.3d 868, 887 (7th Cir. 2009), held that the similarly-worded RLUIPA does not allow for the collection of money damages against individuals, the same reasoning should apply to RFRA. But there are at least two important differences between RLUIPA and RFRA that compel a different conclusion. First, ... the statutory language of RFRA defines "government" as, among other things, an "official (or other person acting under color of law)." ...Congress thus envisioned at least some individual-capacity suits under RFRA.... Second, RFRA, which applies to federal action, and RLUIPA, which is applicable to state action, arise from different principles.,,, [T]he portion of RFRA that authorizes lawsuits against the states was held unconstitutional because such an application exceeded Congress's power under the Enforcement Clause of the Fourteenth Amendment in City of Boerne v. Flores.... RLUIPA was enacted in response to City of Boerne ... as an exercise of Congress's spending power[.] ...[I]nterpreting that statute to allow damages actions against state officials in their individual capacities would 'raise serious questions regarding whether Congress had exceeded its [constitutional] authority.'" ... [S]uch considerations are not at issue when applying RFRA because RFRA's application to federal action is not based on the Spending Clause.... For these reasons, the Court concludes that RFRA does allow for the recovery of monetary damages against officers in their individual capacities
Sunday, September 11, 2016
Recent Prisoner Free Exercise Cases
In Begnoche v. Derose, 2016 U.S. Dist. LEXIS 119747 (MD PA, Sept. 2, 2016), a Pennsylvania federal district court dismissed an inmate's claim that the Therapeutic Community program involved religious content and interfered with his ability to practice his Native American religious beliefs.
In Shakur v. Thomas, 2016 U.S. Dist. LEXIS 119767 (ND NY, Sept. 6, 2016), a New York federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 72707, June 2, 2016)(see prior posting), finding a plausible showing that an inmate's position as a Muslim Shia inmate facilitator is protected 1st Amendment speech or conduct for purposes of a retaliation claim. The court also adopted uncontested recommendations that plaintiff be allowed to move ahead with various claims of denial of Ramadan and festival meals and participation in congregational prayer.
In Espinosa v. Stogner, 2016 U.S. Dist. LEXIS 120646 (D NV, Sept. 6, 2016), a Nevada federal district court dismissed an inmate's complaint that prison authorities violated the Free Exercise and Establishment clauses by refusing to recognize his "secular/religious Humanism" as an accepted faith group. However the court granted plaintiff leave to amend his complaint to allege "how his brand of humanism differs from tradition secular moral philosophy in a way sufficient to qualify as a religion under the Free Exercise Clause."
In Wilson v. Avertest, 2016 U.S. Dist. LEXIS 121593 (MD PA, Sept. 7, 2016), a Pennsylvania federal magistrate judge recommended dismissal of free exercise and 4th Amendment complaints by plaintiff who under a house arrest and alcohol monitoring program was required to undergo a below-the-waist strip search. Plaintiff claimed that his Jewish faith requires that he "not to bare his nakedness for any unnecessary reason."
In Wilkes v. Hunter, 2016 U.S. Dist. LEXIS 121707 (ND CA, Sept. 8, 2016), a California federal district court dismissed, with leave to amend, plaintiff's claim that jail deputies refused to allow him to bring a Christian cross into jail.
In Brown v. Mohr, 2016 U.S. Dist. LEXIS 122292 (SD OH, Sept. 9, 2016), an Ohio federal magistrate judge recommended refusing to dismiss a Jewish inmate's claim that he was denied a kosher diet for 10 weeks, but recommended dismissing his complaint that he was housed in a cell with a neo-Nazi inmate.
In Shakur v. Thomas, 2016 U.S. Dist. LEXIS 119767 (ND NY, Sept. 6, 2016), a New York federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 72707, June 2, 2016)(see prior posting), finding a plausible showing that an inmate's position as a Muslim Shia inmate facilitator is protected 1st Amendment speech or conduct for purposes of a retaliation claim. The court also adopted uncontested recommendations that plaintiff be allowed to move ahead with various claims of denial of Ramadan and festival meals and participation in congregational prayer.
In Espinosa v. Stogner, 2016 U.S. Dist. LEXIS 120646 (D NV, Sept. 6, 2016), a Nevada federal district court dismissed an inmate's complaint that prison authorities violated the Free Exercise and Establishment clauses by refusing to recognize his "secular/religious Humanism" as an accepted faith group. However the court granted plaintiff leave to amend his complaint to allege "how his brand of humanism differs from tradition secular moral philosophy in a way sufficient to qualify as a religion under the Free Exercise Clause."
In Wilson v. Avertest, 2016 U.S. Dist. LEXIS 121593 (MD PA, Sept. 7, 2016), a Pennsylvania federal magistrate judge recommended dismissal of free exercise and 4th Amendment complaints by plaintiff who under a house arrest and alcohol monitoring program was required to undergo a below-the-waist strip search. Plaintiff claimed that his Jewish faith requires that he "not to bare his nakedness for any unnecessary reason."
In Wilkes v. Hunter, 2016 U.S. Dist. LEXIS 121707 (ND CA, Sept. 8, 2016), a California federal district court dismissed, with leave to amend, plaintiff's claim that jail deputies refused to allow him to bring a Christian cross into jail.
In Brown v. Mohr, 2016 U.S. Dist. LEXIS 122292 (SD OH, Sept. 9, 2016), an Ohio federal magistrate judge recommended refusing to dismiss a Jewish inmate's claim that he was denied a kosher diet for 10 weeks, but recommended dismissing his complaint that he was housed in a cell with a neo-Nazi inmate.
Subscribe to:
Posts (Atom)