Recent Prisoner Free Exercise Cases

In Isakhanova v. Muniz, 2016 U.S. Dist. LEXIS 55649 (ND CA, April 26, 2016), a California federal district court allowed a suit by the mother of a Muslim inmate to proceed.  While visiting her son in prison, the mother was held for several hours on suspicion of passing tobacco to her son. While being held she was questioned extensively about her religious beliefs and practices.

In Sims v. Wegman, 2016 U.S. Dist. LEXIS 56251 (ED CA, April 27, 2016), a California federal magistrate judge allowed an inmate to move ahead with a complaint that he was denied a diet that complies with Nation of Islam requirements and was also denied a kosher diet as an alternative.

In Beaudette v. Winfrey, 2016 U.S. Dist. LEXIS 56275 (ND CA, April 26, 2016), a California federal district court dismissed with leave to amend an inmate's claim that some of his Christian Identity religious material was removed when he was moved to administrative segregation, and the material was never returned to him.

In James v. Taylor, 2016 U.S. Dist. LEXIS 55811 (MD GA, April 27, 2016), a Georgia federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 56612, March 22, 2016) and dismissed a Muslim inmate's claim against the prison warden alleging that plaintiff was denied vegan meals required by his religion during a Mental Health Evaluation.

In Williams v. Cox, 2016 U.S. Dist. LEXIS 56714 (SD GA, April 28, 2016), a Georgia federal magistrate judge recommended dismissing as moot a complaint by a Hebrew Israelite inmate that he was refused a work proscription for the Messianic/Sabbatarian date (as opposed to the Jewish date) for observance of Shavuot.

In Davilla v. Watts, 2016 U.S. Dist. LEXIS 56721 (SD GA, April 28, 2016), a Georgia federal magistrate judge recommended  that plaintiff be allowed to move ahead with free exercise, RFRA and equal protection objections to the elimination of "Spiritual Mass" for Santeria inmates and other interferences with Santeria practices.

In Wolcott v. Board of Rabbis of Northern & Southern California, 2016 U.S. Dist. LEXIS 56847 (ED CA, April 28, 2016), a California federal magistrate judge granted an inmate leave to file a third amended complaint alleging that Jewish inmates are allowed to possess Tefillin and a Tallit Katan only once a week in the chapel.

In Bayadi v. United States, 2016 U.S. Dist. LEXIS 57232 (WD VA, April 29, 2016), a Virginia federal district court dismissed as frivolous an inmate's claim that language in the state constitution establishes Christianity as the state religion.

In Evans v. Aramark Food & Commissary Services, 2016 U.S. Dist. LEXIS 57418 (SD NY, April 28, 2016), a New York federal court dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint that he was served insufficient amounts of food during Ramadan.

When Are Prison Chaplains "State Actors"?

In an opinion recommending dismissal of an inmate's First Amendment and RLUIPA claims, a California federal magistrate judge held that some decisions by prison staff chaplains do not amount to "state action" for constitutional purposes.  In Wolcott v. Board of Rabbis of Northern and Southern California, 2016 U.S. Dist. LEXIS 57528 (ED CA, April 29, 2016), plaintiff sued the former and current Jewish chaplains at the California Substance Abuse Treatment Facility because he was not allowed to convert to Judaism.  The refusal to allow his conversion stemmed from policies of the Southern California Board of Rabbis and the California Commission of Jewish Chaplains -- to whom the various Department of Corrections Jewish Chaplains report-- that disallow conversion by inmates serving life sentences. The court concluded that the chaplains were not state actors, finding that neither the "public function" nor the "joint action" doctrines applied here. The opinion reads in part:

Whether an inmate is a follower of a particular religion is an ecclesiastical answer to a religious doctrine, not an administrative determination; whereas a decision whether an inmate should be put on an internal prison list as following a particular religion is an administrative determination..., and Plaintiff does not allege that he is not on the list identifying him as Jewish for purposes within the facility, nor do his allegation imply this....

The only religious activities that Plaintiff alleges have been infringed on are that he was not allowed to attend [clergy visits from] the Aleph Institute ... [or] purchase religious packages [from] the Aleph Institute that regarded him as a non-Jew.... Plaintiff was prohibited from engaging in religious activities in these instances by the Aleph Institute -- which is an outside, religious organization that has not been, and cannot be, pursued in this action.

Recent Prisoner Free Exercise Cases

In Greybuffalo v. Wall, 2016 U.S. Dist. LEXIS 50751 (WD WI, April 15, 2016), a Wisconsin federal district court permitted a Native American inmate to move ahead with his complaint that his requests for devotional services for the Native American Church and for group use of a water drum have been denied.

In Smith v. Courtney, 2016 U.S. Dist. LEXIS 51065 (ND FL, April 14, 2016), a Florida federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 51068, March 22, 2016) and dismissed a Muslim inmate's complaint that inmates in close management are not allowed to attend religious preaching and prayer with other Muslim inmates.

In Evans v. Muniz, 2016 U.S. Dist. LEXIS 51804 (ND CA, April 18, 2016), a California federal district court dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint against one of the defendants. At issue was the lack of halal meals.

In Jones v. Johnson, 2016 U.S. Dist. LEXIS 52553 (D CT, April 20, 2016), a Connecticut federal district court permitted an inmate to move ahead with his complaint that inmates in segregation were denied religious services.

In Cejas v. Myers, 2016 U.S. Dist. LEXIS 53088 (ED CA, April 19, 2016), a California federal magistrate judge recommended dismissing a Buddhist inmate's complaint about denial of chapel access for group services.

In Martinez v. Flicker, 2016 U.S. Dist. LEXIS 53149 (ED CA, April 19, 2106), a California federal magistrate judge dismissed with leave to amend an inmate's vague allegations that his religious rights have been infringed.

In Don v. Kelley, 2016 U.S. Dist. LEXIS 54124 (ED AR, April 22, 2016), an Arkansas federal magistrate judge dismissed a complaint by an inmate who practiced his religion as a Nazarite over the questioning and harassment he received about his religious beliefs.

Recent Prisoner Free Exercise Cases

In Williams v. Wilkinson, (10th Cir., April 14, 2016), the 10th Circuit, reversing the district court, held that a Muslim inmate could move ahead with his RLUIPA and 1st Amendment challenges to the denial of his request for a kosher diet, even though a halal diet would have been available to him if he requested it.

In Banks v. United States Marshals Service, 2016 U.S. Dist. LEXIS 45931 (WD PA, April 4, 2016), a Pennsylvania federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 46624, Feb. 24, 2016) and dismissed a damage action alleging that a jail chaplain failed to procure Wiccan tools and a Wiccan bible for plaintiff, and that various defendants failed to provide a volunteer wiccan chaplain.

In Johnson v. Gonzalez, 2016 U.S. Dist. LEXIS 46688 (ED CA, April 6, 2016) a California federal magistrate judge dismissed a Muslim inmate's complaint that religious items including his Qur'an were destroyed when authorities disposed of his excess property in preparation for his move to a segregation unit.

In Dixon v. Allison, 2016 U.S. Dist. LEXIS 46775 (ED CA, April 6, 2016), a California federal magistrate judge dismissed with leave to amend a former inmate's vague claim that his religious rights were infringed when placed in lockdown.

In Locascio v. Longinetti, 2016 U.S. Dist. LEXIS 46918 (D NJ, April 7, 2016), plaintiff sued after his supervised release was revoked for promoting gang signs, namely wearing a shirt with a design that included a swastika that plaintiff claimed was a religious, not a Nazi, symbol. A New Jersey federal district court permitted plaintiff to move ahead with a suit for an injunction to prevent his religion from being used against him in future parole proceedings. It dismissed his claims for damages and overturning of his parole revocation.

In Vaughn v. Wegman, 2016 U.S. Dist. LEXIS 47354 (ED CA, April 7, 2016), a California federal magistrate judge dismissed with leave to amend a Jewish inmate's complaint that he was not allowed to continue his participation in the Jewish Kosher program and services.

In Moorish Science Temple of America, Inc. v. Thompson, 2016 Ky. App. Unpub. LEXIS 269 (KY App., April 8, 2016), a Kentucky state appeals court upheld a prison rule that inmates use their legal name on official documents.  Plaintiff, a member of the Moorish Science Temple of America, had a grievance rejected by prison authorities because he signed it including his "attribute or tribal name." He claimed refusing to allow him to use this violated his free exercise rights.

In Gordon v. Fisher, 2016 U.S. Dist. LEXIS 48305 (ND MS, April 11, 2016), a Mississippi federal district court permitted a Jewish inmate to move ahead with his complaint that his requests for Jewish religious material and food were denied.

In Vincent v. Stewart, 2016 U.S. Dist. LEXIS 48535 (WD WA, April 11, 2016), a Washington federal magistrate judge dismissed with leave to amend a complaint by a Hare Krishna inmate that his religion required his diet to include fresh milk, and the vegan or metabolic diets he was forced to choose between did not satisfy his religious and health needs.

In Talib v. Guerrero, 2016 U.S. Dist. LEXIS 49891 (CD CA, March 14, 2016), a California federal magistrate judge dismissed complaints by four plaintiffs, who were held overnight on a stolen vehicle charge that their religious head dresses and spiritual jewelry were forcibly removed.  The suit involved over a dozen other complaints about his treatment as well.

Court Says Flying Spaghetti Monster Is Not a "Religion"

In Cavanaugh v. Bartelt, (D NE, April 12, 2016), a Nebraska federal district court became one of the few to undertake a serious analysis of whether "FSMism"-- the doctrine of the Flying Spaghetti Monster whose followers are called "Pastafarians"-- qualifies as a "religion" for purposes of RLUIPA or the 1st Amendment.  In a suit by a prisoner seeking accommodation of his Pastafarian faith, the court (in a 16-page opinion) said:

The Court finds that FSMism is not a "religion" within the meaning of the relevant federal statutes and constitutional jurisprudence. It is, rather, a parody, intended to advance an argument about science, the evolution of life, and the place of religion in public education. Those are important issues, and FSMism contains a serious argument—but that does not mean that the trappings of the satire used to make that argument are entitled to protection as a "religion."

Later in the opinion, the court explained:

This case is difficult because FSMism, as a parody, is designed to look very much like a religion. Candidly, propositions from existing caselaw are not particularly well-suited for such a situation, because they developed to address more ad hoc creeds, not a comprehensive but plainly satirical doctrine. Nonetheless, it is evident to the Court that FSMism is not a belief system addressing "deep and imponderable" matters: it is, as explained above, a satirical rejoinder to a certain strain of religious argument.....

This is not a question of theology: it is a matter of basic reading comprehension. The FSM Gospel is plainly a work of satire, meant to entertain while making a pointed political statement. To read it as religious doctrine would be little different from grounding a "religious exercise" on any other work of fiction..... Of course, there are those who contend ... that the Bible or the Koran are just as fictional as those books. It is not always an easy line to draw. But there must be a line beyond which a practice is not "religious" simply because a plaintiff labels it as such. The Court concludes that FSMism is on the far side of that line.

2 Particularly Interesting Prisoner Free Exercise Cases

As regular readers of Religion Clause blog know, at least weekly I present a summary of recent prisoner free exercise cases.  This week, two of the recent cases deserve more mention than my typical brief description:

In Brown v. Bureau of Prisons, 2016 U.S. Dist. LEXIS 44755 (D CT, March 31, 2016), a Connecticut federal district court dismissed a female federal prisoner's 1st Amendment claim, but allowed her to move ahead on her claim under RFRA that her rights were infringed when she was searched by a male correctional officer.  This suit is unusual because it was filed by a female inmate.  For reasons I have been unable to explain, almost all reported prisoner free exercise cases are filed by male inmates.  Perhaps it is related to differences in the way that women's prisons are administered.  If readers have other explanations, I would appreciate receiving them.

In McLenithan v. Williams, 2016 U.S. Dist. LEXIS 45290 (D OR, April 4, 2016), an Oregon federal magistrate judge dismissed RLUIPA, free exercise and equal protection claims by an inmate seeking a kosher diet. Plaintiff described himself as a Seventh Day Adventist who practices Judaism as a second religion.  The court's RLUIPA analysis included the following:

Defendants have presented evidence establishing a compelling interest in limiting kosher diets to Jewish inmates, and this policy, in conjunction with ODOC's accommodation of traditional Seventh Day Adventist dietary practices, is the least restrictive means of meeting that interest. The evidence is undisputed that providing kosher meals costs $4,117.20 more per biennium for each additional inmate who requests kosher food. To be sure, the cost of accommodating Plaintiff alone is not significant. However, if Plaintiff were to be accommodated by providing the kosher meal option, other inmates will likely have to be accommodated as well, ultimately at great expense to ODOC. Indeed, Defendants provide evidence that if non-Jewish inmates were allowed the option of choosing the kosher meal plan, a substantial percentage would likely do so. Finally, the Court considers the substantial additional cost of providing kosher meals to non-Jewish inmates in the context of ODOC's overall budget.  Defendants provide evidence that ODOC's security budget is strained.

This analysis raises the question of whether compelling interest is measured differently when the government's interest is cost rather than security.  In Holt v. Hobbs, the Supreme Court required compelling interest in security be measured by looking only at the "particular claimant" whose religious exercise is being burdened.

Recent Prisoner Free Exercise Cases

In Woodward v. Afify, 2016 U.S. Dist. LEXIS 42738 (WD NY, March 29, 2016) a New York federal magistrate judge recommended dismissing a complaint by a Muslim inmate that he was denied  access to Friday prayer services and Ramadan meals. He was allowed to move ahead on other retaliation claims.

In Henrius v. County of Nassau, 2016 U.S. Dist. LEXIS 43795 (ED NY, March 31, 2016), a New York federal district court dismissed an inmate's complaint that he was not allowed to attend religious services on one occasion.

In Howard v. Skolnik, 2016 U.S. Dist. LEXIS 44624 (D NV, March 31, 2016), a Nevada federal district court dismissed on qualified immunity grounds the decision by prison authorities to refuse to recognize Nation of Islam as a religion for approved prison activities.

In DeJesus v. Bradt, 2016 U.S. Dist. LEXIS 44716 (WD NY, March 31, 2016), a New York federal district court dismissed a Muslim inmate's complaint that during Ramadan Muslims were not permitted to take unfinished food from the double evening meal back to their cells to eat during the night. The court allowed plaintiff to move ahead with his complaint that on 10 occasions during Ramadan he was not permitted to take a shower or engage in ritual cleansing before group prayer.

In Hogue v. Ada County, 2016 U.S. Dist. LEXIS 45011 (D ID, March 31, 2016), an Idaho federal magistrate judge dismissed an inmate's complaint that as part of his behavioral management plan he was prohibited from possessing a Bible or any other religious book.

In Flynn v. Ward, 2016 U.S. Dist. LEXIS 45075 (ND NY, April 4, 2016), a New York federal district court dismissed an inmate's complaint that he was forced to give up his prayer rug and mail it home.

In Sterling v. Sellers, 2016 U.S. Dist. LEXIS 45607 (MD GA, April 5, 2016), a Georgia federal district court permitted a Muslim inmate to move ahead with his claim that he was not allowed to engage in daily congregational prayer. The magistrate's opinion in the case is at 2016 U.S. Dist. LEXIS 45896, Feb. 22, 2016.

In Sanders v. Cain, 2016 U.S. Dist. LEXIS 42069 (MD LA, March 28, 2016), a Louisiana federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 46031, Feb. 19, 2016) and dismissed as frivolous a Mormon inmate minister's complaint that he was unable to congregate with other Mormons in the main prison complex, or to hold fund-raisers. His claims regarding his status as an inmate minister and false disciplinary charges were dismissed insofar as they were brought in forma pauperis.

In Allen v. Ahlin, 2016 U.S. Dist. LEXIS 46697 (ED CA, April 5, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that his religious rights were being infringed by the denial of a vegetarian diet.

In Huddleston v. Wilson County Criminal Justice Complex, 2016 U.S. Dist. LEXIS 46598 (MD TN, April 5, 2016), a Tennessee federal magistrate judge recommended dismissing an inmate' complaint that his personal Baptist pastor had been unable to visit him because he was not on the jail's ministry list.

Recent Prisoner Free Exercise Cases

In Navarro v. Herndon, 2016 U.S. Dist. LEXIS 39682 (ED CA, March 25, 2016), a California federal magistrate judge recommended that a Native American inmate be allowed to move ahead with his complaints regarding denial of access to a sweat lodge, to a  spiritual advisor and to religious property.

In Seagraves v. Treachler, 2016 U.S. Dist. LEXIS 40992 (D NJ, March 29, 2016), a New Jersey federal district court permitted a Muslim inmate to move ahead with his free exercise and RLUIPA claims that the prison chaplain denied his request for vegetarian meals.

In Bey v. Pennsylvania Board of Probation & Parole, 2016 U.S. Dist. LEXIS 41017 (MD PA, March 29, 2016), a Pennsylvania federal district court adopted a magistrate's recommendations that an inmate who was a member of the Moorish Science Temple of America and objected to the Therapeutic Community program in which he was required to participate can move ahead with an establishment clause, but not a free exercise clause, claim.

In Presley v. Scott, 2016 U.S. Dist. LEXIS 40107 (ND AL, March 28, 2016), an Alabama federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 41087, March 2, 2016) and dismissed for failure to exhaust administrative remedies a Native American inmate's complaint that authorities seized his medicine bag and the refused to allow him to retrieve religious objects when he was transferred.

In Hoever v. Bellelis, 2016 U.S. Dist. LEXIS 41168 (ND FL, March 29, 2016) a Florida federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 41174, Feb. 24, 2016) and dismissed an inmate's complaint that he was denied his English version of the Bible and two devotional books for 26 days.  During that time he had his own Spanish Bible and could pray.

In Givens v. Vaughn, 2016 U.S. Dist. LEXIS 41208 (SD IL, March 29, 2016), an Illinois federal district court allowed an African American Hebrew Israelite inmate to move ahead with complaints regarding denial of group Sabbath day services and ending of his kosher diet as well as retaliation and equal protection claims.

In Thomas v. Dakota County Law Enforcement Center, 2016 U.S. Dist. LEXIS 41596 (D MN, March 29, 2016), a Minnesota federal district court held that because plaintiff, a Muslim inmate, named defendants only n their official capacities, his only claim that can move forward is one that the county had a policy of prohibiting Muslim prisoners from holding religious gatherings.

In Uduko v. Cozzens, 2016 U.S. Dist. LEXIS 42048 (ED MI, March 30, 2016), a Michigan federal district court, while dismissing claims against a number of defendants, allowed an inmate who was Nigerian and a Protestant to move ahead with claims based on retaliation and discrimination against the prison chaplain who barred defendant from leading Protestant services or Bible or study groups, and later barred him from prophesying or praying for others in group services.

In Sanders v. Cain, 2016 U.S. Dist. LEXIS 42069 (MD LA, March 28, 2016), a Louisiana federal district court dismissed an inmate's complaint that Mormons could not worship together on Sundays at the main prison complex and were denied club status, and that his transfer to another part of the prison prevented him from congregating or holding fund raisers with other Mormons.

In Johnson v. Ely State Prison, 2016 U.S. Dist. LEXIS 42378 (D NV, March 30, 2016), a Nevada federal district court, while disagreeing in part with a magistrate's reasons, agreed that material facts remain for the fact finder on a Muslim inmate's complaint that he was prevented from attending Jum'ah for three years while held as a high risk inmate serving disciplinary sanctions.

More Recent Prisoner Free Exercise Cases

In Greenhill v. Clarke, 2016 U.S. Dist. LEXIS 37439 (WD VA, March 23, 2016), a Virginia federal district court refused to grant a preliminary injunction to a Muslim inmate complaining about access to Jum'ah services, restrictions on beard length and handling of religious meals.

In Patterson v. Berrett, 2016 U.S. Dist. LEXIS 37788 (D NV, March 22, 2016), a Nevada federal district court dismissed an inmate's complaint that wearing an identification wristband violates his free exercise rights.

In Guillory v. Hodge, 2016 U.S. Dist. LEXIS 37898 (SD MS, March 23, 2016), a Mississippi federal  magistrate judge dismissed a Muslim inmate's complaint that his overcrowded cell made it difficult for him to perform Salat and Wudu; he was not allowed to have various religious items; and denied a modified meal schedule for Ramadan.

In Dawson v. Beard, 2016 U.S. Dist. LEXIS 38115 (ED CA, March 23, 2016), a California federal magistrate judge dismissed a claims by a House of Yahweh inmate that he was denied access to religious services and the right to fast.

In McBride v. Michigan Department of Corrections, 2016 U.S. Dist. LEXIS 38398 (ED MI, March 24, 2016), a Michigan federal district court adopted a magistrate's recommendations and refused to dismiss complaints by deaf inmates that their rights were infringed by failure to provide sign interpreters at religious services.

In Davis v. Federal Bureau of Prisons, 2016 U.S. Dist. LEXIS 38629 (D CO, March 24, 2016), a Colorado federal district court adopted a magistrate's recommendations and dismissed an inmate's claim that correspondence restrictions violated his free exercise rights.

In Abdul-Aziz v. Lanigan, 2016 U.S. Dist. LEXIS 38884 (D NJ, March 24, 2016), a New Jersey federal district court while dismissing some claims allowed Muslim inmates to move ahead on complaints seeking injunctive and declaratory relief alleging that they were denied daily Halal meats and meals; donated Halal feast meals; personal prayer oils; and congregational prayer.

Recent Prisoner Free Exercise Cases

In Dolan v. Lowe, 2016 U.S. Dist. LEXIS 35118 (MD PA, March 18, 2016), a Pennsylvania federal district court upheld prison authorities' refusal to allow an inmate to change his religious designation from Christian-Catholic to Islam so he could participate in Ramadan.

In Langford v. Koskela, 2016 U.S. Dist. LEXIS 35712 (WD MI, March 21, 2016), a Michigan federal district court rejected a Muslim inmate's challenge to misconduct sanctions imposed when he refused to give a urine sample for drug testing while he was abstaining from food and water for Ramadan.

In Hayes v. Bruno, 2016 U.S. Dist. LEXIS 35996 (D CT, March 21, 2016), a Connecticut federal district court rejected a claim by an Orthodox Jewish inmate that the prison's Common Fare diet, which had been certified as kosher by two rabbis who served a prison chaplains, did not meet Orthodox kosher standards because of the method of preparation.

In Weddle v. Baker, 2016 U.S. Dist. LEXIS 36133 (D NV, March 21, 2016), a Nevada federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 37307, Jan. 11, 2016) and dismissed a Jewish inmate's complaint that he was denied kosher meals.

In Cox v. Cronin, 2016 U.S. Dist. LEXIS 36549 (WD NY, March 18, 2016), a New York federal magistrate judge recommended dismissing an inmate's complaint that barring him from NA meetings violated his free exercise rights because he had adopted NA as his religion. The court concluded that defendants were protected by qualified immunity.

In Al-Fuyudi v. Corrections Corporation of America, 2016 U.S. Dist. LEXIS 36687 (WD OK, March 22, 2016), an Oklahoma federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 37750, Jan. 26, 2016) and dismissed a complaint by a Muslim inmate in a private prison that he was not provided a proper and nutritionally adequate halal diet, was denied the right to wear a kufi at all times, and was not provided religious materials, access to Muslim television programs, and additional chapel time for services.

In Oliver v. Harner, 2016 U.S. Dist. LEXIS 36835 (SD IL, March 22, 2016), an Illinois federal district court allowed an Assembly of Yahweh inmate to move ahead with his complaint against the prison chaplain that he was denied a kosher diet.

In McCombs v. Parker, 2016 U.S. Dist. LEXIS 36906 (WD NC, March 22, 2016), a North Carolina federal district court dismissed without prejudice an inmate's complaint that he was denied a kosher diet and was denied the ability to attend a Messianic Jewish prayer service when the volunteer who was supposed to supervise it was ill.

In Booker v. Graham, 2016 U.S. Dist. LEXIS 37100 (ND NY, March 21, 2016), a New York federal magistrate judge told defendants to wait until the completion of discovery to move for summary judgment in a case in which Muslim inmates complained that they could not attend daily Ramadan services or consult with an imam during a lock down and that they received inappropriate Ramadan food.

In Smith v. Davis, 2016 U.S. Dist. LEXIS 37325 (ND CA, March 21, 2016), a California federal district court dismissed two of the defendants in a Muslim inmate's suit claiming that Muslim inmates were limited to one congregational prayer service per day and could not meet in groups of 5 or more for prayer. The suit continues against two others.

Lower Courts Applying Tougher RLUIPA Standards In Prisoner Cases

Last year's Supreme Court decision in Holt v. Hobbs on prisoner rights (see prior posting) is slowly beginning to impact otherwise routine prisoner claims in lower courts.  Muhammad v. Wheeler, (ED AR, March 22, 2016) involves a rather typical RLUIPA challenge by a Muslim inmate to the availability of a Halal diet in his Arkansas prison.  A vegetarian diet that complies with Halal requirements was available, but a Halal compliant diet containing meat was not. The federal magistrate judge who first heard the case recommended rejecting the claim on the ground that plaintiff had not shown a substantial burden on his religious exercise. (2016 U.S. Dist. LEXIS 36816, Jan. 19, 2016). However the district court rejected this portion of the recommendation.  In refusing to grant summary judgment to either side, the court said in part:

It is certainly conceivable that providing halal meat to Mr. Muhammad would increase security concerns and require considerable resources to the extent that deciding not to provide it at all furthers a compelling government interest. However, ... [defendants] fail to make properly that argument..... For example, in support of their cost argument, they claim that changing their policy would incur an increase of “over $9,600 for one serving of meat” and that “depending on which meal plan an inmate is on, meat is generally served three times per day”... They calculate this substantial figure by multiplying the difference in cost between halal meat and regular meat by 16,020, the total number of inmates housed by the ADC. This is precisely the type of generalized argument that is not allowed under the RLUIPA. The proper focused inquiry under the RLUIPA is whether denying halal meat to Mr. Muhammad, not all ADC inmates, furthers a compelling government interest.

Even if ... [defendants] successfully demonstrated that completely denying Mr. Muhammad access to halal meat furthers a compelling government interest, they fail to show how their no-halal-meat policy is the least restrictive means of serving that interest....  For example, nothing in the record indicates how often halal meat would need to be served to satisfy Mr. Muhammad’s religious needs. Does Mr. Muhammad require three servings of meat a day or one serving a year? They also fail to respond to Mr. Muhammad’s proposed compromise – a pescatarian meal plan that combines the three halal fish items already served in the common fare plan with the vegetarian plan.... It is unclear to the Court whether this plan fits within Mr. Muhammad’s own beliefs regarding a halal diet, but if he claims that offering a pescatarian meal plan would no longer place a substantial burden upon his religious exercise, ... [defendants] must show how refusing to provide such a plan furthers a compelling government interest and is the least restrictive means of doing so. 

Recent Prisoner Free Exercise Cases

In Helling v. Johnson, 2016 U.S. Dist. LEXIS 30874 (ED WI, March 9, 2016), a Wisconsin federal district court allowed an inmate to move ahead with his complaint that he was not permitted to read his Quran in his jail cell, but had to go to a dirty holding cell to do so, while other inmates could read their Bibles in their own cells.

In Bishop v. Jesson, 2016 U.S. Dist. LEXIS 30395 (D MN, March 9, 2016), a Minnesota federal district court accepted a magistrate's recommendations (2016 U.S. Dist. LEXIS 31142, Feb. 12, 2016) and permitted a detainee in the Minnesota Sex Offender Program to move ahead on a number of his state and federal claims objecting to the quality and quantity of food in the kosher meal program, as well as complaints about food meeting kosher standards.

In Berisha v. Farrell, 2016 U.S. Dist. LEXIS 31607 (ND NY, March 8, 2016), a New York federal magistrate judge concluded that challenges by a corrections officer to a Muslim inmate's right to wear a beard did not impose a substantial burden on the inmate's ability to practice his religion.

In Williams v. Stovall, 2016 U.S. Dist. LEXIS 31717 (WD AR, March 11, 2016), an Arkansas federal magistrate judge dismissed a Muslim inmate's complaint that he was denied a pork-free diet.

In Rodriguez v. Favro, 2016 U.S. Dist. LEXIS 31758 (ND NY, March 9, 2016), a New York federal magistrate judge recommended dismissing the complaint of a Rastafarian inmate that he was permitted to wear his crown (a religious head covering) only in his cell and housing unit, and not outside of these areas.

In Peele v. Klemm, 2016 U.S. Dist. LEXIS 32333 (WD PA, March 14, 2016), a Pennsylvania federal magistrate judge dismissed an inmate's rambling, incoherent complaint regarding restrictions on Muslim inmates' right to attend the two feasts of the Ramadan holiday.

In Green v. Hawkinberry, 2016 U.S. Dist. LEXIS 32615 (WD PA, March 14, 2016), a Pennsylvania federal magistrate judge dismissed a suit by an inmate who had filed a request to change religion who complained about the three years it took until he was able to qualify for the change and receive kosher meals.

In Robinson v. Cate, 2016 U.S. Dist. LEXIS 32699 (ED CA, March 11, 2016), a case in which a Muslim inmate is seeking a Halal diet, a California federal magistrate judge recommended denying plaintiff's request for a preliminary injunction granting him a kosher diet as a stopgap measure while his suit is pending.

In Carter v. Tegels, 2016 U.S. Dist. LEXIS 33382 (WD WI, March 15, 2016), a Wisconsin federal district court dismissed Muslim inmates' challenges to a rule barring inmate-led religious services (which resulted in a failure to hold Jumu'ah services in April of 2012), and challenges to the failure to hire a Muslim chaplain.

A California federal district court (ND Cal., March 14 and 17, 2016) issued essentially identical opinions in 6 separate cases allowing inmates at San Quentin to move ahead with suits challenging correctional officers that limited Muslim inmates to one congregational prayer service per day, and barred groups of 5 or more from meeting for prayer. The cases are Saif'ullah v. Albritton, 2016 U.S. Dist. LEXIS 33424; Fardan v. Albritton, 2016 U.S. Dist. LEXIS 35542; Karafili v. Albritton, 2016 U.S. Dist. LEXIS 35559; Abdullah v. Albritton, 2016 U.S. Dist. LEXIS 35543; Shabazz v. Albritton, 2016 U.S. Dist. LEXIS 35540; Aziz v. Albritton, 2016 U.S. Dist. LEXIS 35555. UPDATE: Two more of these opinions were issued on March 24 and 25: Mitchell v. Albritton, 2016 U.S. Dist. LEXIS 39666 and King v. Albritton, 2016 U.S. Dist. LEXIS 39631.

Recent Prisoner Free Exercise Cases

In Wilson v. Soto, 2016 U.S. Dist. LEXIS 27449 (CD CA, March 2, 2016), a California federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 27451, Jan. 21, 2016) and allowed a Muslim inmate to proceed on a RLUIPA claim for equitable relief growing out of a strip search in the presence of female prison staff. Other claims were dismissed, but some with leave to amend. Plaintiff was required to file an amended complaint in order to move ahead.

In Seina v. Federal Detention Center Honolulu, 2016 U.S. Dist. LEXIS 28544 (D HI, March 7, 2016), a Hawaiian federal district court dismissed a Native American inmate's claim that his right to properly conduct an American Indian Pipe Ceremony was severely hindered because he was not treated for his medical condition (hypertension).

In Hill v. Management Training Corp., 2016 U.S. Dist. LEXIS 28686 (SD MS, March 7, 2016), a Mississippi federal magistrate judge dismissed a Catholic inmate's complaint that because of an expansive lock down, during the one year period of his incarceration he was only able to attend one religious service.

In Johnson v. Nevada Department of Corrections, 2016 U.S. Dist. LEXIS 29355 (D NV, March 7, 2016), a Nevada federal district court permitted a Muslim inmate to proceed with claims that his kufi was confiscated, he was denied halal meals and was not served meals on the Ramadan schedule on time.

In Mujahid Ta'Lib Din v. Albritton, 2016 U.S. Dist. LEXIS 29676 (ND CA, March 8, 2016), a California federal magistrate judge permitted a Muslim inmate to move ahead with his complaint that Muslim congregational prayers during open day room hours were improperly limited.

In Vega v. Hardy, 2016 U.S. Dist. LEXIS 29911 (ND IL, March 9, 2016), an Illinois federal district court permitted an African Hebrew Israelite inmate who had taken a Nazirite vow to move ahead with his complaint that the warden would not permit him to grow a kouplock as part of his hairstyle.

Jail Settles Suits Alleging Muslim Women Were Forced To Attend Christian Services

The Cleveland Plain Dealer reported this week that Cuyahoga County (Ohio) has entered settlements in two separate lawsuits by Muslim women who said they were required by corrections officer Regina Watts to attend Christian religious services when they were serving time in the Cuyahoga County Jail. The women were housed in the "trustee pod" of the jail while serving time in 2014. Sakeena Majeed, who was in jail for misdemeanor assault received a settlement of $48,500.  Sonya Abderrazzaq was serving time for drunk driving settled for $32,500.  The jail has now moved religious services to other space instead of the pod where the two women were housed. [Thanks to Scott Mange for the lead.]

Recent Prisoner Free Exercise Cases

In Young v. Muhammad, 2016 U.S. Dist. LEXIS 24711 (CD CA, Feb. 24, 2016), a California federal district court accepted most of a magistrate's recommendations (2015 U.S. Dist. LEXIS 176470, Dec. 22, 2015) and dismissed claims by an inmate who was removed from the Ramadan list and Muslim services for a period of time after he argued over religious theology with other inmates.

In Dawson v. Beard, 2016 U.S. Dist. LEXIS 24806 (ED CA, Feb. 26, 2016), a California federal magistrate judge dismissed an inmate's complaint that he was denied access to religious services on numerous occasions, and denied the right to fast.

In Brandon v. Schroyer, 2016 U.S. Dist. LEXIS 25003 (ND NY, Feb. 26, 2016), a New York federal magistrate judge rejected claims by a Muslim inmate that his free exercise rights were infringed when he was served meals containing pork ten times during a year, and found he had failed to exhaust administrative remedies as to denial of participation in Ramadan and access to congregate religious services.

In Hamilton v. Countant, 2016 U.S. Dist. LEXIS 25329 (SD NY, March 1, 2016), a New York federal district court dismissed a Rastafarian inmate's complaint that authorities seized religious items from the prison chapel, made alterations to the calendar on which the prison listed recognized religious holidays, and refused to provide the cornbread and grape juice required for him to take communion during the Rastafarian Fasika holiday.

In Jarrett v. Snyder, 2016 U.S. Dist. LEXIS 25277 (WD MI, Feb. 29, 2016), a Michigan federal district court permitted a Buddhist inmate to move ahead with his complaint that he was wrongfully removed from the vegetarian meal plan. The magistrate's opinion in the case is at 2016 U.S. Dist. LEXIS 25844, Jan. 11, 2016.

In Hoeck v. Miklich, 2016 U.S. Dist. LEXIS 25940 (D CO, March 1, 2016), a Colorado federal district court accepted a magistrate's recommendation (2015 U.S. Dist. LEXIS 176572, Oct. 26, 2015) and dismissed an inmate's claims that requiring him to change linens and move cells on the Sabbath, denying him an appropriate place to worship, and failing to classify Biblical Christianity as an independent religion violated RLUIPA. Plaintiff was however allowed to proceed on his First Amendment and state law challenges to these practices and his RLUIPA challenge to the grooming policy.

In Shaw v. Upton, 2016 U.S. Dist. LEXIS 26575 (SD GA, March 2, 2016), a Georgia federal magistrate judge recommended dismissing for failure to exhaust administrative remedies an inmate's claim that he was deliberately transferred to another facility to deny him access to a religious vegan diet.

In Tyler v. Lassiter, 2016 U.S. Dist. LEXIS 27161 (ED NC, March 3, 2016), a North Carolina federal district court held that a Jewish inmate's religious exercise was not substantially burdened when for disciplinary reasons he was placed on a vegetarian nutraloaf diet for one week instead of receiving his kosher meals.

In Johnson v. Lewis, 2016 U.S. Dist. LEXIS 27169 (WD NC, March 3, 2016), a North Carolina federal district court rejected a Hebrew Israelite inmate's complaints about the kosher diet he was receiving.

In Stiles v. Cook, 2016 U.S. Dist. LEXIS 27281 (WD NC, March 3, 2016), a North Carolina federal district court dismissed without prejudice for failure to exhaust administrative remedies a suit by a Native American inmate complaining that his "Indian prayer" materials were confiscated.

Recent Prisoner Free Exercise Cases

In Dunn v. Catoe, 2016 U.S. Dist. LEXIS 22252 (ED TX, Feb. 23, 2016), a Texas federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 23148, Jan. 15, 2016) and dismissed a Muslim inmate's complaints about policies requiring an outside volunteer at religious services, gang members infiltrating Muslim religious meetings, insufficient food when lock downs occur during Ramadan, and denial of the right to wear a beard.

In Vincent v. Stewart, 2016 U.S. Dist. LEXIS 23304 (WD WA, Feb. 25, 2016), a Washington federal magistrate judge held that unless a proper amendment is filed, she would dismiss a complaint by a Hare Krshna inmate that he has been unable to obtain fresh milk as part of his diet as required by his religious beliefs.

In Todd v. California Department of Corrections, 2016 U.S. Dist. LEXIS 23338 (ED CA, Feb. 24, 2016), a California federal magistrate judge recommended that an inmate be permitted to proceed with free exercise, Establishment Clause and equal protection claims stemming from refusal to recognize Creativity as a religion, denial of a religious diet and banning of the Holy Books of Creativity.

In Fernandez-Torres v. Watts, 2016 U.S. Dist. LEXIS 23964 (SD GA, Feb. 26. 2016), a Georgia federal magistrate judge recommended dismissing an inmate's complaint that he was not allowed to have Santeria Bead Necklaces sent to him by his "spiritual family," and could only obtain them from an approved vendor.

In Thody v. Ives, 2016 U.S. Dist. LEXIS 24092 (CD CA, Feb. 25, 2016), a California federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 24095, Jan. 5, 2016) and dismissed as not congnizable in a habeas corpus action an inmate's complaint that members of their non-Judaist, Messianic, Sabbitarian, Zionist belief group have been denied the right to assemble, teach and practice their religion.

In Schlemm v. Wall, 2016 U.S. Dist. LEXIS 24332 (WD WI, Feb. 29, 2016), a Wisconsin federal district court held that because of disputed issues of material fact, the case should proceed to trial on claims that an inmate's RLUIPA rights were infringed when he not permitted to serve venison during the annual Native American Ghost Feast; and was prevented from wearing a multicolored bandana while praying or meditating in his cell and during group religious ceremonies.

In Monroe v. Walker, 2016 U.S. Dist. LEXIS 24475 (D NV, Feb. 26, 2016), a Nevada federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 24474, Jan. 11, 2016) and allowed a Muslim inmate to proceed against one of the defendants on his complaint that he was admonished for wearing his religiously approved Kufi and was treated differently than similarly situated Jewish inmates.

Cert Denied In Prisoner Free Exercise Case Over Alito's Dissenting Opinion

The U.S. Supreme Court today denied certiorari in Ben-Levi v. Brown, (Docket No. 14-1086, cert. denied 2/29/2016) over a lengthy dissent to denial of review by Justice Alito (at pg. 39 of Order List). In the case, the lower courts (district court, 4th Cir.) upheld a rule of the North Carolina prison system which requires either a minyan (ten participants) or the presence of a qualified leader (such as a rabbi) in order for a Jewish Bible study group to meet.  Other religious groups were allowed to meet without a specified number of participants or an outside volunteer.  The prison system's rule for Jewish inmates was based on the prison system's understanding of Jewish religious doctrine. Dissenting from the denial of review, Justice Alito wrote:

In essence, respondent’s argument—which was accepted by the courts below—is that Ben-Levi’s religious exercise was not burdened because he misunderstands his own religion..... The argument that a plaintiff’s own interpretation of his or her religion must yield to the government’s interpretation is foreclosed by our precedents.... Even assuming that respondent accurately identified the requirements for a group Torah study under Jewish doctrine—and that is not at all clear—federal courts have no warrant to evaluate “‘the validity of [Ben-Levi’s] interpretations.’”

[Thanks to Marty Lederman via Religionlaw for the lead.] 

Recent Prisoner Free Exercise Cases

In Shehee v. Ahlin, 2016 U.S. Dist. LEXIS 22708 (ED CA, Feb. 24, 2016), a California federal magistrate judge recommended dismissing a suit by a Hindu civil detainee that he was denied his religious vegan diet.

In Perez v. Watts, 2016 U.S. Dist. LEXIS 20497 (SD GA, Feb. 19, 2016), a Georgia federal district court adopted (as supplemented by the court) a magistrate's recommendation (2015 U.S. Dist. LEXIS 173384, Dec. 31, 2015) and dismissed monetary damage claims brought by a Santeria inmate claiming interference with his ability to practice his religion. (See prior related posting.)

In Powell v. Morris, 2016 U.S. Dist. LEXIS 20971 (D MS, Feb. 22, 2016), a Mississippi federal magistrate judge dismissed a Muslim inmate's complaint that he was not provided halal meals or Taleem study classes.

In Blalock v. Jacobsen, 2016 U.S. Dist. LEXIS 21168 (SD NY, Feb. 22, 2016), a New York federal district court dismissed a Muslim inmate's complaint about limits on his ability to have has prison-issued pants shortened to comply with religious principles.

In Avery v. Elia, 2016 U.S. Dist. LEXIS 21367 (ED CA, Feb. 19, 2016), a California federal magistrate judge recommended dismissing the complaint of a Wiccan inmate that he was not permitted to ceremonially burn wood in a fire pit.

In Cary v. Robinson, 2016 U.S. Dist. LEXIS 20876 (WD MI, Feb. 22, 2016), a Michigan federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 21810, Feb. 2, 2016)  and permitted a Native American inmate to move ahead with his free exercise and equal protection challenges to confiscation and desecration of his medicine bag.

In Johnson v. Brown, 2016 U.S. Dist. LEXIS 20929 (ND AL, Feb. 22, 2016), an Alabama federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 21916, Feb. 1, 2016) and dismissed a Muslim inmate's complaint regarding limitation of Sunnah inmates' access to the "Masjid" classroom and occasional interruption of religious services.

In Ramos v. Department of Corrections, 2016 U.S. Dist. LEXIS 22311 (D CT, Feb. 24, 2016), a Connecticut federal district court allowed an inmate who is a member of the Santeria religion to move ahead with his complaint that his free exercise and equal protection rights were infringed when he was not allowed to possess tarot cards to practice his religion.

In Cruz v. Collins, 2016 Mass. App. Unpub. LEXIS 194 (MA App., Feb. 25, 2016), a Massachusetts state appeals court reversed a trial court's dismissal of a RLUIPA claim by a Nation of Islam inmate challenging limits on his access to  use classroom space to pray and study throughout the week.

In Hays v. Helder, 2016 U.S. Dist. LEXIS 23093 (WD AR, Feb. 25, 2016), an Arkansas federal district court adopted a magistrate's recommendation and dismissed (partly on res judicata grounds) a complaint by a member of the Cherokee Indian faith that he was denied access to his medicine bag.

Recent Prisoner Free Exercise Cases

In Mu'min v. Wingard, 2016 U.S. Dist. LEXIS 18479 (WD PA, Feb. 16, 2016), a California federal district court dismissed a Muslim inmate's complaint that he was denied the use of his legal religious name by the religious librarian.

In Simmons v. Upton, 2016 U.S. Dist. LEXIS 18421 (SD GA, Feb. 16, 2016), a Georgia federal magistrate judge recommended dismissing for failure to exhaust administrative remedies a Muslim inmate's  complaint that the new inmate religious practices policy violated his free exercise rights.

In Watson v. Pressley, 2016 U.S. Dist. LEXIS 17355 (D SC, Feb. 11, 2016), a South Carolina federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 17994, Jan. 21, 2016) and dismissed an inmate's complaints about restrictions on various of his Muslim religious practices.

[CORRECTION] In Hilson v. Beaury, 2016 U.S. Dist. LEXIS 19844 (ND NY, Feb. 17, 2016), a New York federal district court refused, on the ground of qualified immunity, to allow an inmate to move ahead with his complaint over delay in processing his request to change his religion from Protestant to Muslim. UPDATE:This part of the recommendation was adopted by the court at 2016 U.S. Dist. LEXIS 35058, March 18, 2016.

In Clark v. Davis, 2016 U.S. Dist. LEXIS 19971 (ND CA, Feb.17, 2016), a California federal district court dismissed allowed an inmate's complaint regarding prior prison rules on confidentiality of clergy relationships with death row inmates.

In Trapani v. Pullen, 2016 U.S. Dist. LEXIS 20500 (ND NY, Feb. 17, 2016), a New York federal district court allowed a Jewish inmate to move ahead with his complaint that he was deprived of kosher meals for a two week period.

Recent Prisoner Free Exercise Cases

In Gupton v. Wright, 2016 U.S. Dist. LEXIS 14730 (WD VA, Feb. 6, 2016), a Virginia federal district court dismissed an inmate's complaint that authorities denied publications and holiday packages to Asatru inmates.

In Sands v. Smith, 2016 U.S. Dist. LEXIS 15200 (ED CA, Feb. 5, 2016, a California federal magistrate judge allowed a Jewish inmate to move ahead with his free exercise and retaliation complaints regarding failure to provide kosher food and Jewish religious services on many occasions.

In Edwards v. Rubenstein, 2016 U.S. Dist. LEXIS 15236 (ND WV, Feb. 9, 2016), a West Virginia federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 15237, Jan. 20, 2016) and dismissed complaints of a Muslim inmate about treatment of Muslims less favorably than Christians, and about a now-modified ban on growing beards.

In Irvin v. Yates, 2016 U.S. Dist. LEXIS 15272 (ED CA, Feb. 8, 2016), a California federal magistrate judge recommended that a Muslim inmate be permitted to move ahead with his complaints about a new halal religious diet program, access to chapel and denial of packages containing religious items.

In Amos v. Karol, 2016 U.S. Dist. LEXIS 15354 (ED MO, Feb. 9, 2016), a Missouri federal district court dismissed a Muslim inmate's complaint that he was not provided halal meals, was not allowed to possess a prayer rug or hardback Qu'ran, and was not given access to an Imam.

In McDaniels v. Stewart, 2016 U.S. Dist. LEXIS 15843 (WD WA, Feb. 8, 2016), a Washington federal magistrate judge dismissed with leave to amend a suit by a Muslim inmate against of 40 defendants seeking compensatory damages and over $27 million in punitive damages alleging inadequacy of the halal diet and his inability to go back on it after switching to a vegan diet.

In Rodriguez v. Hubbard, 2016 U.S. Dist. LEXIS 16432 (ED CA, Feb. 9, 2016), a California federal magistrate judge recommended dismissing without prejudice for failure to exhaust internal remedies the complaints by a Native American inmate regarding lack of religious services, confiscation of his sacred pipe, sweat lodge access, ceremonial tobacco use, and lack of access to a Native American spiritual advisor, as well as retaliation and lack of protection claims.

In Casey v. Stephens, 2016 U.S. Dist. LEXIS 16976 (SD TX, Feb. 9, 2016), a Texas federal district court dismissed a suit by a Native American inmate seeking the right to grow his hair long or wear a kouplock; wear a medicine bag; and keep and smoke a personal prayer pipe.

In Chaparro v. Ducart, 2016 U.S. Dist. LEXIS 17780 (ND CA, Feb. 8, 2016), a California federal district court dismissed a suit by a Jehovah's Witness inmate complaining about the prison's former policy of denying an inmate the right to attend religious services for a month if the inmate missed without a valid reason a service he was scheduled to attend.