In Welch v. Spaulding, (6th Cir., Sept. 30, 2015), the U.S. 6th Circuit Court of Appeals in a 2-1 decision affirmed the district court's denial of qualified immunity to prison food service officials who are being sued by a Muslim inmate who claims that his Ramadan meals lacked sufficient caloric value.
In Merrick v. Ryan, 2015 Ariz. App. Unpub. LEXIS 1173 (AZ App., Sept. 24, 2015), an Arizona appeals court dismissed an inmate's suit claiming he was denied religious materials and practices. The suit asserting state law claims failed to name the state as a defendant.
In Moon v. Garcia, 2015 U.S. Dist. LEXIS 129291 (SD IL, Sept. 25, 2015), an Illinois federal district court permitted plaintiff, a former federal inmate, to proceed with his claim that authorities created a plan to disrupt authorized religious activities of Muslim inmates.
In Grayson v. Goetting, 2015 U.S. Dist. LEXIS 129290 (SD IL, Sept. 25, 2015), an Illinois federal district court permitted an African Hebrew Israelite inmate who had taken the Nazirite vow to proceed with his complaint that he was forced to remove his dreadlocks.
In Hudson v. Spencer, 2015 U.S. Dist. LEXIS 129304 (D MA, Sept. 25, 2015), in a suit by Nation of Islam inmates, a Massachusetts federal district court ordered correctional authorities to provide plaintiffs access to televised recordings of Jumu'ah services led by an appropriate chaplain whenever an NOI chaplain is unavailable to lead services in person. However the court dismissed complaints about failure to accommodate various other NOI practices relating to fasting and feast sessions, religious attire and "spiritual drilling."
In Dicks v. Shearin, 2015 U.S. Dist. LEXIS 129824 (D MD, Sept. 28, 2015), a Maryland federal district court held that a Muslim inmate's rights may have been infringed when the former warden failed to follow a Department of Corrections policy that assured Muslim inmates fasting during Ramadan received the same caloric intake as non-fasting prisoners.
In Ramadan v. FBOP, 2015 U.S. Dist. LEXIS 129845 (SD WV, Sept. 28, 2015), a West Virginia federal district court rejected a Muslim inmate's challenge to the policy of barring congregational prayer, and his complaint that he was prevented for a period of time from bringing a copy of the Noble Quran into the chapel.
In Johnson v. Swibas, 2015 U.S. Dist. LEXIS 130379 (D CO, Sept. 28, 2015), a Colorado federal district court adopted a magistrate's recommendations and allowed an inmate to move ahead certain of the defendants with his complaint that he was denied access to kosher meals to which he is not allergic.
In Woodward v. Ali, 2015 U.S. Dist. LEXIS 130687 (ND NY, Sept. 29, 2015), a New York federal district court adopted a magistrate's recommendations and denied summary judgment to a Muslim inmate on his complaint that he was removed from the Ramadan meal list.
In Elmore v. Herring, 2015 U.S. Dist. LEXIS 131348 (ED NC, Sept. 29, 2015), a North Carolina federal district court dismissed complaints by a Muslim inmate regarding a prison's post-chapel strip-search policy, his allegations that Christian inmates are allowed more services and furnished more resources than Muslim inmates, and his complaint regarding the absence of a Halal diet.
Showing posts with label Prisoner cases. Show all posts
Showing posts with label Prisoner cases. Show all posts
Sunday, October 04, 2015
Sunday, September 27, 2015
Recent Prisoner Free Exercise Cases
In Thomas v. Morris, 2015 U.S. Dist. LEXIS 125911 (ED WI, Sept. 21, 2015), a Wisconsin federal district court allowed an inmate to move ahead with his complaint that certain jail officials refused to honor his food requests relating to Passover 2015.
In Thomas v. Lawler, 2015 U.S. Dist. LEXIS 126135 (MD PA Sept. 22, 2015), a Pennsylvania federal district court dismissed a Muslim inmate's complaints that the multi-faith chapel contains offensive religious iconography; he is unable to pray shoulder to shoulder with other Muslims due to inadequate space; he is unable clean himself prior to religious services; and the chapel's location up 4 flights of steps often means he cannot attend prayer services because his health prevents his climbing stairs,
In Gee v. Sabol, 2015 U.S. Dist. LEXIS 126872 (MD PA, Sept 22, 2015), a Pennsylvania federal district court rejected an inmate's complaint that he was denied kosher meals, finding he had not established that he has a sincere religious belief in Judaism.
In Denegal v. Brazelton, 2015 U.S. Dist. LEXIS 126982 (ED CA, Sept. 22, 2015), a California federal magistrate judge recommended that an inmate be allowed to move ahead against one of the defendants on his complaint that he was denied his right to a name change for religious reasons.
In Karafili v. Cruzen, 2015 U.S. Dist. LEXIS 127094 (ND CA, Sept. 22, 2015), a California federal district court permitted a Muslim inmate to move ahead with his complaint that Muslim group prayer was disrupted one day even though Muslim inmates had received permission to pray in groups of up to 15.
In Bouman v. Broome, 2015 U.S. Dist. LEXIS 127555 (SD MS, Sept. 23, 2015), a Mississippi federal district court adopted a magistrate's recommendations and dismissed a Jewish inmate's complaint seeking $9 million in damages for violation of his free exercise rights when he was disciplined for taking his Passover meal out of the dining area into his cell.
In Stinski v. Chatman, 2015 U.S. Dist. LEXIS 128061 (MD GA, Sept. 24, 2015), a Georgia federal district court, adopting in part a magistrate's recommendations, allowed a Wiccan inmate to move forward against various defendants with complaints involving denial of religious items and observances, and complaints as to forced shaving and haircut.
In Begnoche v. DeRose, 2015 U.S. Dist. LEXIS 128633 (MD PA, Sept. 24, 2015), a Pennsylvania federal district court dismissed complaints by a Native American inmate regarding availability of a Native American spiritual adviser and celebration of the Green Corn Feast.
In Webb v. Broyles, 2015 U.S. Dist. LEXIS 128784 (WD VA, Sept. 24, 2015), a Virginia federal magistrate judge recommended dismissing an inmate's complaint that he was wrongly removed from the Common Fare diet.
In Thomas v. Lawler, 2015 U.S. Dist. LEXIS 126135 (MD PA Sept. 22, 2015), a Pennsylvania federal district court dismissed a Muslim inmate's complaints that the multi-faith chapel contains offensive religious iconography; he is unable to pray shoulder to shoulder with other Muslims due to inadequate space; he is unable clean himself prior to religious services; and the chapel's location up 4 flights of steps often means he cannot attend prayer services because his health prevents his climbing stairs,
In Gee v. Sabol, 2015 U.S. Dist. LEXIS 126872 (MD PA, Sept 22, 2015), a Pennsylvania federal district court rejected an inmate's complaint that he was denied kosher meals, finding he had not established that he has a sincere religious belief in Judaism.
In Denegal v. Brazelton, 2015 U.S. Dist. LEXIS 126982 (ED CA, Sept. 22, 2015), a California federal magistrate judge recommended that an inmate be allowed to move ahead against one of the defendants on his complaint that he was denied his right to a name change for religious reasons.
In Karafili v. Cruzen, 2015 U.S. Dist. LEXIS 127094 (ND CA, Sept. 22, 2015), a California federal district court permitted a Muslim inmate to move ahead with his complaint that Muslim group prayer was disrupted one day even though Muslim inmates had received permission to pray in groups of up to 15.
In Bouman v. Broome, 2015 U.S. Dist. LEXIS 127555 (SD MS, Sept. 23, 2015), a Mississippi federal district court adopted a magistrate's recommendations and dismissed a Jewish inmate's complaint seeking $9 million in damages for violation of his free exercise rights when he was disciplined for taking his Passover meal out of the dining area into his cell.
In Stinski v. Chatman, 2015 U.S. Dist. LEXIS 128061 (MD GA, Sept. 24, 2015), a Georgia federal district court, adopting in part a magistrate's recommendations, allowed a Wiccan inmate to move forward against various defendants with complaints involving denial of religious items and observances, and complaints as to forced shaving and haircut.
In Begnoche v. DeRose, 2015 U.S. Dist. LEXIS 128633 (MD PA, Sept. 24, 2015), a Pennsylvania federal district court dismissed complaints by a Native American inmate regarding availability of a Native American spiritual adviser and celebration of the Green Corn Feast.
In Webb v. Broyles, 2015 U.S. Dist. LEXIS 128784 (WD VA, Sept. 24, 2015), a Virginia federal magistrate judge recommended dismissing an inmate's complaint that he was wrongly removed from the Common Fare diet.
Sunday, September 20, 2015
Recent Prisoner Free Exercise Cases
In Finley v. Nevada ex rel. Nevada Department of Corrections, 2015 U.S. Dist. LEXIS 122165 (D NV, Sept. 14, 2015), a Nevada federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 122167, (May 27, 2015), and dismissed complaints by African American Hebrew Israelite inmates that they were switched from the pre-packaged kosher meal program to the kosher common fare diet.
In Cole v. Danberg, 2015 U.S. Dist. LEXIS 122373 (D DE, Sept. 15, 2015) a Delaware federal district court dismissed a Muslim inmate's objections to a ban on charitable fundraising and institutional accounts; his claim that Muslim inmates are prevented from attending Friday services at the proper time and are not given equal time as other religious groups to conduct services; and the failure to furnish a Muslim inmate clerk and a typewriter. However the court permitted plaintiff to move ahead with has complaint that congregational prayer was banned and a Halal diet was not available.
In Walker v. Scott, 2015 U.S. Dist. LEXIS 122467 (CD IL, Sept. 15, 2015), an Illinois federal district court allowed a civilly committed Muslim inmate to move to trial on his complaint that he was denied a Halal or kosher diet and required to choose either the standard or vegetarian diet.
In Ellis v. Avery Mitchell Correctional, 2015 U.S. Dist. LEXIS 122679 (WD NC, Sept. 15, 2015), a North Carolina federal district court gave plaintiff inmate 20 days to submit evidence that he exhausted administrative remedies in seeking a vegan diet for religious reasons.
In Watkins v. Jones, 2015 U.S. Dist. LEXIS 123648 (ND FL, Sept. 15, 2015), a Florida federal district court adopted in part a magistrate's recommendations (2015 U.S. Dist. LEXIS 123647, Aug. 28, 2015) in a suit by a Muslim inmate and ordered prison officials to make kosher or other religiously acceptable meals available to plaintiff. The court dismissed as moot plaintiff's objection to prior rules barring his quarter-inch beard and dismissed his complaint that there were not separate Sunni Muslim services.
In Munic v. Langan, 2015 U.S. Dist. LEXIS 124662 (MD PA, Sept. 18, 2015), a Pennsylvania federal district court permitted a Jewish inmate to move ahead with is damage claims for denial of kosher meals, denial of visits with his rabbi, and denial of drug and alcohol treatment because of his religious beliefs.
In Damon v. Masters, 2015 U.S. Dist. LEXIS 124754 (SD WV, Sept. 18, 2015), a West Virginia federal district court adopted a magistrate's recommendations and dismissed a complaint by a Nation of Islam inmate that his free exercise rights were infringed when kidney beans were substituted for navy beans at a religious ceremonial meal. UPDATE: The magistrate's recommendation is at 2015 U.S. Dist. LEXIS 125757 (Aug. 25, 2015).
In Harvey v. Segura, 2015 U.S. Dist. LEXIS 124998 (D CO, Sept. 17, 2015), a Muslim inmate complained that authorities confiscated his only kufi, while prison officials contended that they took a second kufi which he was not entitled to keep under prison regulations. A Colorado federal district court, adopting a magistrate's recommendation, dismissed the suit, but ordered officials to conduct a search of plaintiff's personal property. If he has no kufi, one must be furnished to him. If he does have one, this is to be reported to the court so it can consider sanctions for frivolous litigation.
In Cole v. Danberg, 2015 U.S. Dist. LEXIS 122373 (D DE, Sept. 15, 2015) a Delaware federal district court dismissed a Muslim inmate's objections to a ban on charitable fundraising and institutional accounts; his claim that Muslim inmates are prevented from attending Friday services at the proper time and are not given equal time as other religious groups to conduct services; and the failure to furnish a Muslim inmate clerk and a typewriter. However the court permitted plaintiff to move ahead with has complaint that congregational prayer was banned and a Halal diet was not available.
In Walker v. Scott, 2015 U.S. Dist. LEXIS 122467 (CD IL, Sept. 15, 2015), an Illinois federal district court allowed a civilly committed Muslim inmate to move to trial on his complaint that he was denied a Halal or kosher diet and required to choose either the standard or vegetarian diet.
In Ellis v. Avery Mitchell Correctional, 2015 U.S. Dist. LEXIS 122679 (WD NC, Sept. 15, 2015), a North Carolina federal district court gave plaintiff inmate 20 days to submit evidence that he exhausted administrative remedies in seeking a vegan diet for religious reasons.
In Watkins v. Jones, 2015 U.S. Dist. LEXIS 123648 (ND FL, Sept. 15, 2015), a Florida federal district court adopted in part a magistrate's recommendations (2015 U.S. Dist. LEXIS 123647, Aug. 28, 2015) in a suit by a Muslim inmate and ordered prison officials to make kosher or other religiously acceptable meals available to plaintiff. The court dismissed as moot plaintiff's objection to prior rules barring his quarter-inch beard and dismissed his complaint that there were not separate Sunni Muslim services.
In Munic v. Langan, 2015 U.S. Dist. LEXIS 124662 (MD PA, Sept. 18, 2015), a Pennsylvania federal district court permitted a Jewish inmate to move ahead with is damage claims for denial of kosher meals, denial of visits with his rabbi, and denial of drug and alcohol treatment because of his religious beliefs.
In Damon v. Masters, 2015 U.S. Dist. LEXIS 124754 (SD WV, Sept. 18, 2015), a West Virginia federal district court adopted a magistrate's recommendations and dismissed a complaint by a Nation of Islam inmate that his free exercise rights were infringed when kidney beans were substituted for navy beans at a religious ceremonial meal. UPDATE: The magistrate's recommendation is at 2015 U.S. Dist. LEXIS 125757 (Aug. 25, 2015).
In Harvey v. Segura, 2015 U.S. Dist. LEXIS 124998 (D CO, Sept. 17, 2015), a Muslim inmate complained that authorities confiscated his only kufi, while prison officials contended that they took a second kufi which he was not entitled to keep under prison regulations. A Colorado federal district court, adopting a magistrate's recommendation, dismissed the suit, but ordered officials to conduct a search of plaintiff's personal property. If he has no kufi, one must be furnished to him. If he does have one, this is to be reported to the court so it can consider sanctions for frivolous litigation.
Thursday, September 17, 2015
Recent Prisoner Free Exercise Cases
In Ladner v. Hull, 2015 U.S. Dist. LEXIS 118269 (ED VA, Sept. 3, 2015), a Virginia federal district court dismissed a Born-Again Christian inmate's complaint that there were not church services or Bible study sessions available to him. It found that a faith representative was available, and that plaintiff could file requests for other religious needs.
In Cooper v. Sowers, 2015 U.S. Dist. LEXIS 118181 (D MD, Sept. 4, 2015), a Maryland federal district court dismissed a Catholic inmate's complaint that he was not provided a meatless diet on Ash Wednesday and on Fridays during Lent. Prison policy provides no special meal adjustments for those days and leaves it up to each inmate to decide what food to abstain from.
In Mootry v. Flores, 2015 U.S. Dist. LEXIS 118632 (ED CA, Sept. 4, 2015), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that he was denied Jumu'ah prayer services because of a policy barring inmate ministers from leading inmate religious services without a supervising chaplain or volunteer.
In Sherman v. Jess, 2015 U.S. Dist. LEXIS 119282 (ED WI, Sept. 8, 2015), a Wisconsin federal district court dismissed a complaint by a Pagan Wiccan inmate that he did not get his religious text, Book of Shadows, while in temporary lockup.
In Mitchell v. Cate, 2015 U.S. Dist. LEXIS 120059 (ED CA, Sept. 8, 2015), a California federal magistrate judge recommended dismissing a Christian inmate's complaint that he was not allowed to participate in religious activities or speak to a religious adviser during the time he was subject to a restricted modified program.
In Applegate v. Kokor, 2015 U.S. Dist. LEXIS 120107 (ED CA, Sept. 8, 2015), a California federal magistrate judge dismissed with leave to amend a 252-page complaint alleging "various religious claims against eight Defendants," saying "it is neither time-efficient nor fair to other litigants for the Court to hunt through Plaintiff's Complaint for camouflaged cognizable claims."
In Robinson v. Cate, 2015 U.S. Dist. LEXIS 120870 (ED CA, Sept. 9, 2015), a California federal magistrate judge recommended that a Muslim inmate be permitted to move ahead with free exercise and equal protection claims for injunctive relief on his complaint that the Religious Meat Alternate Program fails to provide a fully Halal diet that is comparable to the fully Kosher diet provided to Jewish inmates.
In Moon v. Unterreiner, 2015 U.S. Dist. LEXIS 121171 (ED MO, Sept. 11, 2015), a Missouri federal district court dismissed on various procedural grounds a suit by an inmate held under home confinement with electronic monitoring who claimed that his free exercise rights are infringed by requiring him to state the times he is going to and leaving his mosque for prayer.
In Cooper v. Sowers, 2015 U.S. Dist. LEXIS 118181 (D MD, Sept. 4, 2015), a Maryland federal district court dismissed a Catholic inmate's complaint that he was not provided a meatless diet on Ash Wednesday and on Fridays during Lent. Prison policy provides no special meal adjustments for those days and leaves it up to each inmate to decide what food to abstain from.
In Mootry v. Flores, 2015 U.S. Dist. LEXIS 118632 (ED CA, Sept. 4, 2015), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that he was denied Jumu'ah prayer services because of a policy barring inmate ministers from leading inmate religious services without a supervising chaplain or volunteer.
In Sherman v. Jess, 2015 U.S. Dist. LEXIS 119282 (ED WI, Sept. 8, 2015), a Wisconsin federal district court dismissed a complaint by a Pagan Wiccan inmate that he did not get his religious text, Book of Shadows, while in temporary lockup.
In Mitchell v. Cate, 2015 U.S. Dist. LEXIS 120059 (ED CA, Sept. 8, 2015), a California federal magistrate judge recommended dismissing a Christian inmate's complaint that he was not allowed to participate in religious activities or speak to a religious adviser during the time he was subject to a restricted modified program.
In Applegate v. Kokor, 2015 U.S. Dist. LEXIS 120107 (ED CA, Sept. 8, 2015), a California federal magistrate judge dismissed with leave to amend a 252-page complaint alleging "various religious claims against eight Defendants," saying "it is neither time-efficient nor fair to other litigants for the Court to hunt through Plaintiff's Complaint for camouflaged cognizable claims."
In Robinson v. Cate, 2015 U.S. Dist. LEXIS 120870 (ED CA, Sept. 9, 2015), a California federal magistrate judge recommended that a Muslim inmate be permitted to move ahead with free exercise and equal protection claims for injunctive relief on his complaint that the Religious Meat Alternate Program fails to provide a fully Halal diet that is comparable to the fully Kosher diet provided to Jewish inmates.
In Moon v. Unterreiner, 2015 U.S. Dist. LEXIS 121171 (ED MO, Sept. 11, 2015), a Missouri federal district court dismissed on various procedural grounds a suit by an inmate held under home confinement with electronic monitoring who claimed that his free exercise rights are infringed by requiring him to state the times he is going to and leaving his mosque for prayer.
Sunday, September 06, 2015
Recent Prisoner Free Exercise Cases
In Brinkman v. Linderman, (9th Cir., Sept. 3, 2015), the 9th Circuit affirmed an Arizona district court's dismissal of complaints by an inmate that he was denied a private worship area and ceremonial foods and was not allowed to use an open flame during certain religious ceremonies.
In Atkins v. Maryland Division of Correction, 2015 U.S. Dist. LEXIS 114932, (D MD, Aug. 24, 2015), a Maryland federal district court permitted an inmate to proceed with his RLUIPA claim for declaratory relief and his free exercise claim against the chaplain for denying him kosher meals for 29 months.
In Twigg v. PrimeCare Medical, Inc., 2015 U.S. Dist. LEXIS 115169 (MD PA, Aug. 31, 2015), a Pennsylvania federal district court dismissed an inmate's claim that inadequate medical treatment violated not just his 8th Amendment rights, but also his free exercise rights when gastrointestinal pain made it impossible for him to attend religious services.
In Clay v. Livingston, 2015 U.S. Dist. LEXIS 115702 (ND CA, Aug. 31, 2015), a California federal magistrate judge dismissed a complaint by a Muslim inmate who wanted lunch each day in addition to the Ramadan menu. For the first 9 days he was not provided lunch.
In Frazier v. June, 2015 U.S. Dist. LEXIS 116699 (D SC, Sept. 2, 2015), a South Carolina federal district court permitted an inmate to move ahead with his claim that his free exercise rights were infringed when his Bible was confiscated because of a limit on the number of books an inmate may have in his cell.
In Moon v. Samuels, 2015 U.S. Dist. LEXIS 117092 (SD IL, Sept. 2, 2015), an Illinois federal district court permitted a Muslim inmate to move ahead with his complaint that prison officials prohibited Muslim prisoners from engaging in group prayer, while permitting inmates of other faiths to do so.
In Moon v. Walton, 2015 U.S. Dist. LEXIS 117660 (SD IL, Sept. 3, 2015), an Illinois federal district court allowed a Muslim inmate to move ahead with his complaint that prison policy barred Muslim inmates from rolling up or cuffing the legs of their pants as called for by Muslim doctrine.
In Atkins v. Maryland Division of Correction, 2015 U.S. Dist. LEXIS 114932, (D MD, Aug. 24, 2015), a Maryland federal district court permitted an inmate to proceed with his RLUIPA claim for declaratory relief and his free exercise claim against the chaplain for denying him kosher meals for 29 months.
In Twigg v. PrimeCare Medical, Inc., 2015 U.S. Dist. LEXIS 115169 (MD PA, Aug. 31, 2015), a Pennsylvania federal district court dismissed an inmate's claim that inadequate medical treatment violated not just his 8th Amendment rights, but also his free exercise rights when gastrointestinal pain made it impossible for him to attend religious services.
In Clay v. Livingston, 2015 U.S. Dist. LEXIS 115702 (ND CA, Aug. 31, 2015), a California federal magistrate judge dismissed a complaint by a Muslim inmate who wanted lunch each day in addition to the Ramadan menu. For the first 9 days he was not provided lunch.
In Frazier v. June, 2015 U.S. Dist. LEXIS 116699 (D SC, Sept. 2, 2015), a South Carolina federal district court permitted an inmate to move ahead with his claim that his free exercise rights were infringed when his Bible was confiscated because of a limit on the number of books an inmate may have in his cell.
In Moon v. Samuels, 2015 U.S. Dist. LEXIS 117092 (SD IL, Sept. 2, 2015), an Illinois federal district court permitted a Muslim inmate to move ahead with his complaint that prison officials prohibited Muslim prisoners from engaging in group prayer, while permitting inmates of other faiths to do so.
In Moon v. Walton, 2015 U.S. Dist. LEXIS 117660 (SD IL, Sept. 3, 2015), an Illinois federal district court allowed a Muslim inmate to move ahead with his complaint that prison policy barred Muslim inmates from rolling up or cuffing the legs of their pants as called for by Muslim doctrine.
Friday, September 04, 2015
Suit Seeks Halal Meals In Florida Jails
Yesterday in Florida, the ACLU and CAIR filed a class action lawsuit seeking to require Miami-Dade County jails to serve Halal meals to Muslim inmates. (ACLU press release). The complaint (full text) in CAIR Florida, Inc. v. Miami-Dade County, (SD FL, filed 9/3/2015), contends that denying Halal meals to Muslim inmates while furnishing kosher meals to Jewish inmates violates RLUIPA, and the free exercise and equal protection clauses of the U.S. and Florida constitutions. Prior to October 2014, Muslim inmates could obtain the kosher diet; since then they are required to eat the from the general population menu. Miami Herald reports on the lawsuit.
Wednesday, September 02, 2015
5th Circuit Hears Oral Arguments In Prison Worship Case
On Monday, the U.S. 5th Circuit Court of Appeals heard oral arguments in Brown v. Livingston. (Audio of full arguments.) In the case, a Texas federal district court held that requiring staff or volunteers for group religious services violates RLUIPA rights of Muslim inmates. (See prior posting.)
Sunday, August 30, 2015
Recent Prisoner Free Exercise Cases
In Aziz v. Cruzen, 2015 U.S. Dist. LEXIS 111862 (ND CA, Aug. 21, 2015), a California federal district court permitted inmates to move ahead with their complaint that correctional officers would not allow Muslim inmates to pray in groups larger than four, despite a contrary ruling by the Religious Review Committee.
In Sioleski v. Sullivan, 2015 U.S. Dist. LEXIS 111827 (WD NY, Aug. 24, 2015), a New York federal district court denied an inmate's motion for reconsideration of his previously dismissed complaint that on one occasion officials harassed him about his Native American hairstyle and placed him in keeplock for an hour while they decided whether his hairstyle complied with Department of Corrections rules.
In Peters v. Clarke, 2015 U.S. Dist. LEXIS 113380, Charles v. Clarke, 2015 U.S. Dist. LEXIS 113378, Cascen v. Clarke, 2015 U.S. Dist. LEXIS 113379, and Blyden v. Clarke, 2015 U.S. Dist. LEXIS 113377, (WD VA, Aug. 26, 2015), a Virginia federal district court dismissed complaints by Rastafarian inmates who were housed in the Violators Housing Unit for violating grooming regulations that they was not allowed to participate in Rastafarian group religious services outside the VHU pod. In Blyden the court dismissed the additional complaint that while Rastafarian services are now available in the VHU, they lack a spiritual leader or reading material.
In Salyers v. Blue, 2015 U.S. Dist. LEXIS 114243 (WD KY, Aug. 27, 2015), a Kentucky federal district court dismissed an Orthodox Christian inmate's complaint that while in isolation for protective custody, he was not allowed to participate in group religious functions with other inmates.
In Greybuffalo v. Wall, 2015 U.S. Dist. LEXIS 114381 (WD WI, Aug. 28, 2015), a Wisconsin federal district court dismissed without prejudice for failure to exhaust administrative remedies a Native American inmate's request to have religious feasts at the conclusion religious ceremonies.
In Bargo v. Kelley, 2015 U.S. Dist. LEXIS 114610 (ED AR, Aug. 28, 2015), an Arkansas federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 114614, Aug. 5, 2015) and permitted an inmate who is a practitioner of the Hindu Kriya/Raja Yoga to move ahead with his claim for injunctive relief. He is seeking use of the barracks day room and chapel, and a Yoga mat, to practice Yoga.
In Sioleski v. Sullivan, 2015 U.S. Dist. LEXIS 111827 (WD NY, Aug. 24, 2015), a New York federal district court denied an inmate's motion for reconsideration of his previously dismissed complaint that on one occasion officials harassed him about his Native American hairstyle and placed him in keeplock for an hour while they decided whether his hairstyle complied with Department of Corrections rules.
In Peters v. Clarke, 2015 U.S. Dist. LEXIS 113380, Charles v. Clarke, 2015 U.S. Dist. LEXIS 113378, Cascen v. Clarke, 2015 U.S. Dist. LEXIS 113379, and Blyden v. Clarke, 2015 U.S. Dist. LEXIS 113377, (WD VA, Aug. 26, 2015), a Virginia federal district court dismissed complaints by Rastafarian inmates who were housed in the Violators Housing Unit for violating grooming regulations that they was not allowed to participate in Rastafarian group religious services outside the VHU pod. In Blyden the court dismissed the additional complaint that while Rastafarian services are now available in the VHU, they lack a spiritual leader or reading material.
In Salyers v. Blue, 2015 U.S. Dist. LEXIS 114243 (WD KY, Aug. 27, 2015), a Kentucky federal district court dismissed an Orthodox Christian inmate's complaint that while in isolation for protective custody, he was not allowed to participate in group religious functions with other inmates.
In Greybuffalo v. Wall, 2015 U.S. Dist. LEXIS 114381 (WD WI, Aug. 28, 2015), a Wisconsin federal district court dismissed without prejudice for failure to exhaust administrative remedies a Native American inmate's request to have religious feasts at the conclusion religious ceremonies.
In Bargo v. Kelley, 2015 U.S. Dist. LEXIS 114610 (ED AR, Aug. 28, 2015), an Arkansas federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 114614, Aug. 5, 2015) and permitted an inmate who is a practitioner of the Hindu Kriya/Raja Yoga to move ahead with his claim for injunctive relief. He is seeking use of the barracks day room and chapel, and a Yoga mat, to practice Yoga.
Sunday, August 23, 2015
Recent Prisoner Free Exercise Cases
In Mitchell v. Daniels, 2015 U.S. Dist. LEXIS 108599 (MD AL, Aug. 18, 2015), an Alabama federal district court adopted a magistrate's recommendation and dismissed an inmate's complaint about inadequate security to prevent desecration of the Native American ceremonial grounds.
In Green v. Fox, 2015 U.S. Dist. LEXIS 109131 (CD CA, Aug. 17, 2015), a California federal district court dismissed without prejudice an inmate's habeas corpus petition seeking release so he could obtain medical treatment from a Christian Science practitioner that he was denied in prison.
In Avery v. Paramo, 2015 U.S. Dist. LEXIS 109127 (SD CA, Aug. 18, 2015), a California federal district court dismissed a Pagan-Wiccan inmate's retaliation claim, but permitted him to proceed with his complaint regarding refusal to accommodate Pagan/ Wiccan/ Asatru practices by providing a fence perimeter, fire pit, water line, and herb cultivation, and by providing him a monthly supply of honey, nuts, dried fruit, trail mix and non-yeast crackers.
In Allah v. Christburg, 2015 U.S. Dist. LEXIS 108590 (MD AL, Aug. 18, 2015), an Alabama federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 109611, July 27, 2015), and dismissed a complaint by an inmate who complained that he was not permitted to observe Ramadan, participate in Muslim prayer services or receive a Qur'an, prayer rug or Islamic literature. The inmate had failed to specify his religious affiliation when he was booked into the facility.
In Hosey-Bey v. Williams, 2015 U.S. Dist. LEXIS 109363 (MD AL, Aug. 19, 2015), an Alabama federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 110146, July 30, 2015) and dismissed an inmate's complaint that defendant ordered the Sunday school service of the Moorish Science Temple of America closed down after only 10 to 13 minutes because of a shortage of officers for security for the chapel.
In Hoeck v. Miklich, 2015 U.S. Dist. LEXIS 110921 (D CO, Aug. 20, 2015), a Colorado federal district court denied injunctive relief to an inmate who complained that he was not permitted to observe the holy days and diet of his Biblical Christian faith.
In Shabazz v. Cruzen, 2015 U.S. Dist. LEXIS 111210 (ND CA, Aug. 21, 2015) and Fadan v. Cruzen, 2015 U.S. Dist. LEXIS 111213 (ND CA, Aug. 21, 2015), a California federal district court permitted inmates to move ahead with their complaint that correctional officers would not allow Muslim inmates to pray in groups larger than four, despite a contrary ruling by the Religious Review Committee.
In Green v. Fox, 2015 U.S. Dist. LEXIS 109131 (CD CA, Aug. 17, 2015), a California federal district court dismissed without prejudice an inmate's habeas corpus petition seeking release so he could obtain medical treatment from a Christian Science practitioner that he was denied in prison.
In Avery v. Paramo, 2015 U.S. Dist. LEXIS 109127 (SD CA, Aug. 18, 2015), a California federal district court dismissed a Pagan-Wiccan inmate's retaliation claim, but permitted him to proceed with his complaint regarding refusal to accommodate Pagan/ Wiccan/ Asatru practices by providing a fence perimeter, fire pit, water line, and herb cultivation, and by providing him a monthly supply of honey, nuts, dried fruit, trail mix and non-yeast crackers.
In Allah v. Christburg, 2015 U.S. Dist. LEXIS 108590 (MD AL, Aug. 18, 2015), an Alabama federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 109611, July 27, 2015), and dismissed a complaint by an inmate who complained that he was not permitted to observe Ramadan, participate in Muslim prayer services or receive a Qur'an, prayer rug or Islamic literature. The inmate had failed to specify his religious affiliation when he was booked into the facility.
In Hosey-Bey v. Williams, 2015 U.S. Dist. LEXIS 109363 (MD AL, Aug. 19, 2015), an Alabama federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 110146, July 30, 2015) and dismissed an inmate's complaint that defendant ordered the Sunday school service of the Moorish Science Temple of America closed down after only 10 to 13 minutes because of a shortage of officers for security for the chapel.
In Hoeck v. Miklich, 2015 U.S. Dist. LEXIS 110921 (D CO, Aug. 20, 2015), a Colorado federal district court denied injunctive relief to an inmate who complained that he was not permitted to observe the holy days and diet of his Biblical Christian faith.
In Shabazz v. Cruzen, 2015 U.S. Dist. LEXIS 111210 (ND CA, Aug. 21, 2015) and Fadan v. Cruzen, 2015 U.S. Dist. LEXIS 111213 (ND CA, Aug. 21, 2015), a California federal district court permitted inmates to move ahead with their complaint that correctional officers would not allow Muslim inmates to pray in groups larger than four, despite a contrary ruling by the Religious Review Committee.
Wednesday, August 19, 2015
7th Circuit: Rule Preventing Former Prison Employee From Marrying Inmate Is Unconstituitonal
In Riker v. Lemmon. (7th Cir., Aug. 14, 2015), the U.S. 7th Circuit Court of Appeals held that prison authorities had failed to adequately justify their refusal to allow Rebecca Riker, a former food services employee at an Indiana prison, a one-time visit in order to marry inmate Paul Vest who is serving a 50-year sentence for robbery. Riker met Vest when she was employed at the prison and Vest worked as a prisoner under her supervision. Riker left her job when it was discovered that she had a romantic relationship with Vest, which included sexual intercourse in a walk-in cooler at the facility. Relying in part on the U.S. Supreme Court's 1987 decision in Turner v. Safley, the 7th Circuit said in part:
The right to marry includes the right to select one’s spouse. See Obergefell, 135 S. Ct. at 2599 (noting “that the right to personal choice regarding marriage is inherent in the concept of individual autonomy” and that there is dignity in individuals’ “autonomy to make such profound choices”). The proper inquiry, therefore, is whether Ms. Riker was prohibited from marrying the spouse of her choosing. Because Ms. Riker has not been left with any alternative means of exercising her right to marry Vest, it is clear that the burden on that right was not minimal. ...
The Department also submits that the prohibition of Ms. Riker’s marriage is necessary to serve as a deterrent to current employees. It submits that “[t]he policy communicates to IDOC employees that if they begin an inappropriate relationship with an offender while working at an IDOC facility, they will not only be held accountable but also will be prevented from seeing the inmate for as long as he or she is incarcerated.” The Department has not provided any evidence, however, to support its contention that prohibiting Ms. Riker’s marriage acts as a deterrent or that such deterrence is necessary.National Law Journal reports on the decision.
Court Decrees Final Injunction Terms For Monitoring Florida Prison Kosher Meal Policy
As previously reported, in April the U.S. Department of Justice won its long-running lawsuit against the state of Florida over its prisons' kosher meal policy. Last week in United States of America v. Secretary, Florida Department of Corrections, (SD FL, Aug. 12, 2015), the court settled on the final language for the injunction it issued by separate order. The parties agreed on the language on accountability and monitoring, but disagreed on the extent the Justice Department would have access to inspect prisons for compliance. The court largely accepted the Justice Department's proposed language, and gave the federal government access to personnel, prisoners and food facilities so it can monitor compliance. NorthEscambia.com reports on the court's order.
Sunday, August 16, 2015
Recent Prisoner Free Exercise Cases
In Ahmorae v. Davidson County Sheriff's Office, 2015 U.S. Dist. LEXIS 105329 (MD TN, Aug. 11, 2015), a Tennessee federal district court dismissed a Muslim inmate's complaint that on one occasion during Ramadan he was not served dinner.
In Sousa v. Wegman, 2015 U.S. Dist. LEXIS 105420 (ED CA, Aug. 11, 2015), a California federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 85208, June 29, 2015) and allowed an inmate to move ahead with his complaint that he was repeatedly denied attendance at religious services, holiday celebrations, use of the sweat lodge, and formal recognition for his Mexican Indian faith. UPDATE: The court issued a corrected order on Aug. 13 (2015 U.S. Dist. Lexis 107582).
In Pelayo v. Hernandez, 2015 U.S. Dist. LEXIS 105521 (ED CA, Aug. 11, 2015), a California federal district court dismissed a Christian inmate's complaint that he was not allowed to bring his pocket Bible with him into the dining hall.
In Jaquez v. Birch, 2015 U.S. Dist. LEXIS 105818 (ND OK, Aug. 12, 2015), an Oklahoma federal district court dismissed an inmate's complaint that he had not been able to see or talk with the jail chaplain.
In Frazier v. Cooper, 2015 U.S. Dist. LEXIS 106707 (WD PA, Aug. 13, 2015), a Pennsylvania federal magistrate judge dismissed for failure to exhaust administrative remedies a complaint by an inmate who is a member of the Moorish Science Temple of America that his religious practice was being limited.
In Saif'Ullah v. Cruzen, 2015 U.S. Dist. LEXIS 107490 and in Mohammad-Bey v. Cruzen, 2015 U.S. Dist. LEXIS 107510 (ND CA, Aug. 13, 2015), a California federal district court permitted inmates to move ahead with their complaint that correctional officers would not allow Muslim inmates to pray in groups larger than four, despite a contrary ruling by the Religious Review Committee.
In Sousa v. Wegman, 2015 U.S. Dist. LEXIS 105420 (ED CA, Aug. 11, 2015), a California federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 85208, June 29, 2015) and allowed an inmate to move ahead with his complaint that he was repeatedly denied attendance at religious services, holiday celebrations, use of the sweat lodge, and formal recognition for his Mexican Indian faith. UPDATE: The court issued a corrected order on Aug. 13 (2015 U.S. Dist. Lexis 107582).
In Pelayo v. Hernandez, 2015 U.S. Dist. LEXIS 105521 (ED CA, Aug. 11, 2015), a California federal district court dismissed a Christian inmate's complaint that he was not allowed to bring his pocket Bible with him into the dining hall.
In Jaquez v. Birch, 2015 U.S. Dist. LEXIS 105818 (ND OK, Aug. 12, 2015), an Oklahoma federal district court dismissed an inmate's complaint that he had not been able to see or talk with the jail chaplain.
In Frazier v. Cooper, 2015 U.S. Dist. LEXIS 106707 (WD PA, Aug. 13, 2015), a Pennsylvania federal magistrate judge dismissed for failure to exhaust administrative remedies a complaint by an inmate who is a member of the Moorish Science Temple of America that his religious practice was being limited.
In Saif'Ullah v. Cruzen, 2015 U.S. Dist. LEXIS 107490 and in Mohammad-Bey v. Cruzen, 2015 U.S. Dist. LEXIS 107510 (ND CA, Aug. 13, 2015), a California federal district court permitted inmates to move ahead with their complaint that correctional officers would not allow Muslim inmates to pray in groups larger than four, despite a contrary ruling by the Religious Review Committee.
Monday, August 10, 2015
Article Explores Barriers To Abortion Rights For Jail Inmates
Truthout yesterday published a lengthy investigative article on the barriers sometimes thrown up by jails to prevent women inmates from obtaining abortions. The article begins:
Should sheriffs and other jail staff be allowed to decide whether a woman can obtain an abortion? When a woman is arrested and incarcerated, should her reproductive rights be stripped from her? Based on their actions against a woman in custody this past month, Rick Singleton, the sheriff of Lauderdale County Jail in Florence, Alabama, and district attorney Chris Connolly seem to think so. They may also have set a precedent for any other law enforcement seeking to prevent women from seeking abortions—throw up enough obstacles and she'll decide to carry the pregnancy to term.
Sunday, August 09, 2015
Recent Prisoner Free Exercise Cases
In Williams v. Trueblood, 2015 U.S. Dist. LEXIS 100636 (WD AR, July 31, 2015), an Arkansas federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 30546, Feb. 9, 2015) and dismissed the complaint of an inmate whose faith was black magic Voodoo that when Christian preachers from the community periodically visited the jail, they would conduct worship services and play recordings of Christian music in the prisoner pod, and his complaint that the chaplain refused to put books about death on the book cart.
In Hulbert v. Robinson, 2015 U.S. Dist. LEXIS 100700 (WD VA, July 31, 2015), a Virginia federal magistrate judge recommended dismissing a Wiccan inmate's complaint that the prison's single-vendor policy and ban on direct in-kind donations denied him access to items he needed for Wiccan rituals.
In Evans v. Muniz, 2015 U.S. Dist. LEXIS 101207 (ND CA, July 31, 2015), a California federal district court allowed a Muslim inmate to move ahead with his complaint that he was not provided with Halal food for a period of 16 months.
In Abdullah v. Cruzen, 2015 U.S. Dist. LEXIS 101191 and in Alim v. Cruzen, 2015 U.S. Dist. LEXIS 101205 (ND CA, July 31, 2015), a California federal district court allowed a Muslim inmate to move ahead with his claim that correctional officers had created an "underground rule" prohibiting SQSP Muslim prisoners from congregating in groups of more than four for daily prayers, and retaliated against him for filing a complaint about it.
In Al-Azim v. Everett, 2015 U.S. Dist. LEXIS 101292 (ED VA, Aug. 3, 2015), a Virginia federal district court permitted various of the inmate plaintiffs to move ahead with complaints regarding refusal to provide a diet consistent with Nation of Islam teachings, refusing sufficient time of NOI prayer and classes and refusal to allow plaintiffs to purchase CDs of weekly sermons by Louis Farrakhan.
In Lilly v. Texas Department of Criminal Justice, 2015 Tex. App. LEXIS 8142 (TX App., Aug. 4, 2015), a Texas state appeals court in a 2-1 decision affirmed the dismissal on statute of limitations grounds of a suit by an inmate who is a member of the House of Yahweh who was refused kosher meals.
In Quinn v. Management & Training Corp., 2015 U.S. Dist. LEXIS 101924 (SD MS, Aug. 4, 2015) a Mississippi federal district court reinstated an inmate's complaint that officers would not allow him to claim Voodoo as his religion on prison paperwork.
In Larios v. United States Gov't & His Religion, 2015 U.S. Dist. LEXIS 103205 (ED NY, Aug. 5, 2015), a New York federal district court dismissed with leave to amend an inmate's complaint that that his placement among the general prison population violated his rights under RFRA.
In Hulbert v. Robinson, 2015 U.S. Dist. LEXIS 100700 (WD VA, July 31, 2015), a Virginia federal magistrate judge recommended dismissing a Wiccan inmate's complaint that the prison's single-vendor policy and ban on direct in-kind donations denied him access to items he needed for Wiccan rituals.
In Evans v. Muniz, 2015 U.S. Dist. LEXIS 101207 (ND CA, July 31, 2015), a California federal district court allowed a Muslim inmate to move ahead with his complaint that he was not provided with Halal food for a period of 16 months.
In Abdullah v. Cruzen, 2015 U.S. Dist. LEXIS 101191 and in Alim v. Cruzen, 2015 U.S. Dist. LEXIS 101205 (ND CA, July 31, 2015), a California federal district court allowed a Muslim inmate to move ahead with his claim that correctional officers had created an "underground rule" prohibiting SQSP Muslim prisoners from congregating in groups of more than four for daily prayers, and retaliated against him for filing a complaint about it.
In Al-Azim v. Everett, 2015 U.S. Dist. LEXIS 101292 (ED VA, Aug. 3, 2015), a Virginia federal district court permitted various of the inmate plaintiffs to move ahead with complaints regarding refusal to provide a diet consistent with Nation of Islam teachings, refusing sufficient time of NOI prayer and classes and refusal to allow plaintiffs to purchase CDs of weekly sermons by Louis Farrakhan.
In Lilly v. Texas Department of Criminal Justice, 2015 Tex. App. LEXIS 8142 (TX App., Aug. 4, 2015), a Texas state appeals court in a 2-1 decision affirmed the dismissal on statute of limitations grounds of a suit by an inmate who is a member of the House of Yahweh who was refused kosher meals.
In Quinn v. Management & Training Corp., 2015 U.S. Dist. LEXIS 101924 (SD MS, Aug. 4, 2015) a Mississippi federal district court reinstated an inmate's complaint that officers would not allow him to claim Voodoo as his religion on prison paperwork.
In Larios v. United States Gov't & His Religion, 2015 U.S. Dist. LEXIS 103205 (ED NY, Aug. 5, 2015), a New York federal district court dismissed with leave to amend an inmate's complaint that that his placement among the general prison population violated his rights under RFRA.
Friday, August 07, 2015
11th Circuit Upholds Alabama's Prison Grooming Rules Despite Supreme Court's Remand After Holt v. Hobbs Decision
After the U.S. Supreme Court earlier this year decided Holt v. Hobbs, concluding that RLUIPA invalidated the Arkansas prison system's grooming requirements as applied to a Muslim inmate seeking to grow a one-half inch beard, it remanded for further consideration an Alabama case in which Native American inmates challenged grooming requirements banning their long hair. (See prior posting.) Deciding the case on remand, in Knight v. Thompson, (11th Cir., Aug. 5, 2015), the U.S. 11th Circuit Court of Appeals held that despite Holt, the Alabama grooming requirements are valid. The 11th Circuit distinguished Holt:
While Holt sought to grow a ½-inch beard, such that the Department had to show how denying him a ½-inch beard actually furthered its compelling interests, the Plaintiffs here request a complete exemption of long, unshorn hair from the ADOC’s short-hair policy....
[T]he “detailed record developed” below distinguishes this case from Holt, where the lower courts gave “unquestioning deference” to prison officials’ conclusory and speculative assertions. As we stated in our previous opinion, the ADOC has “shown that Plaintiffs’ requested exemption poses actual security, discipline, hygiene, and safety risks” and neither we nor Plaintiffs can “point to a less restrictive alternative that accomplishes the ADOC’s compelling goals.”The 11th Circuit reinstated its prior opinion in the case, with modifications in Section 3(b)(ii) of the opinion. (Full text of modified opinion.) AP reports on the decision.
Sunday, August 02, 2015
Recent Prisoner Free Exercise Cases
In Shaw v. Toole, 2015 U.S. Dist. LEXIS 97667 (SD GA, July 27, 2015), a Georgia federal magistrate judge recommended that a Muslim inmate's complaint that he was denied a vegan diet be dismissed without prejudice for failure to exhaust administrative remedies before filing suit. UPDATE: The magistrate's recommendation was adopted by the court at 2015 U.S. Dist. LEXIS 111856 (Aug. 24, 2015).
In Sokolsky v. California, 2015 U.S. Dist. LEXIS 97738 (ED CA, July 25, 2015), a California federal magistrate judge held that a Jewish civil detainee held as a sexually violent predator can proceed on his complaint against certain defendants regarding the lack of kosher food and religious discrimination if he files an amended complaint or notifies the court that he is willing to proceed on his cognizable claims. UPDATE: The court ordered the case to proceed on the cognizable claims at 2015 U.S. Dist. LEXIS 122292, Sept. 12, 2015.
In Pickering v. California Department of Corrections, 2015 U.S. Dist. LEXIS 99137 (ED CA, July 28, 2015), a California federal magistrate judge dismissed, with leave to amend, an inmate's claim that the Astru/Odinic religious group was not treated equally with other religious groups.
In Berry v. Hershberger, 2015 U.S. Dist. LEXIS 99327 (D MD, July 30, 2015), a Maryland federal district court dismissed a Muslim inmate's complaint that he was not permitted to participate in the Ramadan fast, and was denied access to religious articles, based on his status as a pretrial detainee.
In Washington v. Ohio Department of Rehabilitation & Corrections, 2015 Ohio Misc. LEXIS 79 (OH Ct. Cl., July 14, 2015), the Ohio Court of Claims held that it does not have jurisdiction over an inmate's complaint that he was denied halal/ kosher food.
In Williams v. Delaware, 2015 U.S. Dist. LEXIS 99927 (D DE, July 30, 2015), a Delaware federal district court dismissed plaintiff's complaint that while held for four days before posting bond-- a period during Ramadan-- he was not permitted to fast.
In Sokolsky v. California, 2015 U.S. Dist. LEXIS 97738 (ED CA, July 25, 2015), a California federal magistrate judge held that a Jewish civil detainee held as a sexually violent predator can proceed on his complaint against certain defendants regarding the lack of kosher food and religious discrimination if he files an amended complaint or notifies the court that he is willing to proceed on his cognizable claims. UPDATE: The court ordered the case to proceed on the cognizable claims at 2015 U.S. Dist. LEXIS 122292, Sept. 12, 2015.
In Pickering v. California Department of Corrections, 2015 U.S. Dist. LEXIS 99137 (ED CA, July 28, 2015), a California federal magistrate judge dismissed, with leave to amend, an inmate's claim that the Astru/Odinic religious group was not treated equally with other religious groups.
In Berry v. Hershberger, 2015 U.S. Dist. LEXIS 99327 (D MD, July 30, 2015), a Maryland federal district court dismissed a Muslim inmate's complaint that he was not permitted to participate in the Ramadan fast, and was denied access to religious articles, based on his status as a pretrial detainee.
In Washington v. Ohio Department of Rehabilitation & Corrections, 2015 Ohio Misc. LEXIS 79 (OH Ct. Cl., July 14, 2015), the Ohio Court of Claims held that it does not have jurisdiction over an inmate's complaint that he was denied halal/ kosher food.
In Williams v. Delaware, 2015 U.S. Dist. LEXIS 99927 (D DE, July 30, 2015), a Delaware federal district court dismissed plaintiff's complaint that while held for four days before posting bond-- a period during Ramadan-- he was not permitted to fast.
Tuesday, July 28, 2015
Federal Prison System Agrees To Recognize Humanism As A Religious Belief
The American Humanist Association announced yesterday that it has entered an Enforceable Settlement Agreement (full text) with the Federal Bureau of Prisons in a suit brought by a federal prisoner in Oregon who sought to form a Humanist study group and have Humanism recognized as his religious affiliation. (See prior related posting.) The settlement agreement, applicable to the entire federal prison system, is summarized by the AHA in its press release:
Under the terms of the enforceable settlement, the Federal Bureau of Prisons will acknowledge humanism as a worldview that deserves the same recognition as theistic religious beliefs. The Manual on Inmate Beliefs and Practices will include a section on humanism, and inmates may identify as humanists for official assignment purposes. The prison will also authorize humanist study groups and permit humanist inmates to annually observe Darwin Day.
Sunday, July 26, 2015
Recent Prisoner Free Exercise Cases
In Littell v. Kennell, 2015 U.S. Dist. LEXIS 93757 (CD IL, July 20, 2015), an Illinois federal district court held that a Muslim inmate stated a valid First Amendment claim alleging that Muslims were not permitted to congregate for prayer, but because he is no longer held by the Illinois Department of Corrections injunctive relief is not available; only nominal (and possibly punitive) damages are.
In Snodgrass v. Robinson, 2015 U.S. Dist. LEXIS 95026 (WD VA, July 21, 2015), a Virginia federal magistrate judge recommended that a Muslim inmate be permitted to proceed against various defendants on his RLUIPA, free exercise and due process challenges to a policy that denied inmates the right to participate in the Ramadan fast if they had missed more than three consecutive religious services.
In Aragon v. Erlanger, 2015 U.S. Dist. LEXIS 96185 (D CO, July 23, 2015), a Colorado federal magistrate judge recommended that a Messianic Jewish inmate be permitted to proceed against the food services supervisor on his complaint that Passover meals and messianic Jewish diets were prepared without special preparation cleaning of the kitchen area and equipment to meet kosher requirements. A claim against the outside rabbi who advised on kosher standards was dismissed,as was a complaint that Messianic Jews should have been permitted to celebrate Passover on a different date than Jewish inmates.
In Dearwester v. Sacramento County Sheriff's Department, 2015 U.S. Dist. LEXIS 96413 (ED CA, July 22, 2015), a California federal magistrate judge recommended that plaintiff,a Christian inmate who believed that the New Testament required his eating a kosher diet, be permitted to move forward with his First Amendment damage claim based on denial of kosher meals.
In Blankenship v. Setzer, 2015 U.S. Dist. LEXIS 96871 (WD NC, July 23, 2015), a North Carolina federal district court permitted to proceed on his complaint that he was not allowed to take his Bible with him when he was being transported to court in another county, and that his Bible was confiscated for not having a cover.
In Snodgrass v. Robinson, 2015 U.S. Dist. LEXIS 95026 (WD VA, July 21, 2015), a Virginia federal magistrate judge recommended that a Muslim inmate be permitted to proceed against various defendants on his RLUIPA, free exercise and due process challenges to a policy that denied inmates the right to participate in the Ramadan fast if they had missed more than three consecutive religious services.
In Aragon v. Erlanger, 2015 U.S. Dist. LEXIS 96185 (D CO, July 23, 2015), a Colorado federal magistrate judge recommended that a Messianic Jewish inmate be permitted to proceed against the food services supervisor on his complaint that Passover meals and messianic Jewish diets were prepared without special preparation cleaning of the kitchen area and equipment to meet kosher requirements. A claim against the outside rabbi who advised on kosher standards was dismissed,as was a complaint that Messianic Jews should have been permitted to celebrate Passover on a different date than Jewish inmates.
In Dearwester v. Sacramento County Sheriff's Department, 2015 U.S. Dist. LEXIS 96413 (ED CA, July 22, 2015), a California federal magistrate judge recommended that plaintiff,a Christian inmate who believed that the New Testament required his eating a kosher diet, be permitted to move forward with his First Amendment damage claim based on denial of kosher meals.
In Blankenship v. Setzer, 2015 U.S. Dist. LEXIS 96871 (WD NC, July 23, 2015), a North Carolina federal district court permitted to proceed on his complaint that he was not allowed to take his Bible with him when he was being transported to court in another county, and that his Bible was confiscated for not having a cover.
Sunday, July 19, 2015
Recent Prisoner Free Exercise Cases
In Wilkinson v. Secretary, Florida Department of Corrections, (11th Cir., July 15, 2015), the 11th Circuit vacated the district court's dismissal of an inmate's complaint that he was not permitted to observe two Santeria holy days.
In Moffat v. Department of Corrections, 2015 U.S. Dist. LEXIS 90549 (D MA, July 13, 2015), a Massachusetts federal district court dismissed a Rastafarian inmate's complaint that he was removed from the special religious diet list on two occasions after he failed to sign for his meals, but then was reinstated.
In Greene v. Cabral, 2015 U.S. Dist. LEXIS 90548 (D MA, July 13, 2015), a Massachusetts federal district court permitted an Orthodox Jewish inmate to move ahead with his claim that prison authorities regularly fail to comply with kosher standards in the kosher meals they provide inmates.
In Fonseca v. California Department of Corrections and Rehabilitation, 2015 U.S. Dist. LEXIS 90644 (SD CA, July 10, 2015), a California federal district court dismissed a Jewish inmate's complaint that his kosher meals do not contain sufficient meat. The magistrate's recommendation in the case is at 2015 U.S. Dist. LEXIS 90668, June 10, 2015.
In Muhammad v. Mathena, 2015 U.S. Dist. LEXIS 91081 (WD VA, July 14, 2015), a Virginia federal district court dismissed an inmate's complaint that he did not receive certain of his issues of the weekly religious periodical "Final Call," and that other issues were delayed or delivered out of order.
In Abpikar v. Martin, 2015 U.S. Dist. LEXIS 93431 (ED CA, July 17, 2015), a California federal magistrate judge recommended dismissing an inmate's complaint that while in administrative segregation, he was denied group daily worship with other Muslim inmates.
In Moffat v. Department of Corrections, 2015 U.S. Dist. LEXIS 90549 (D MA, July 13, 2015), a Massachusetts federal district court dismissed a Rastafarian inmate's complaint that he was removed from the special religious diet list on two occasions after he failed to sign for his meals, but then was reinstated.
In Greene v. Cabral, 2015 U.S. Dist. LEXIS 90548 (D MA, July 13, 2015), a Massachusetts federal district court permitted an Orthodox Jewish inmate to move ahead with his claim that prison authorities regularly fail to comply with kosher standards in the kosher meals they provide inmates.
In Fonseca v. California Department of Corrections and Rehabilitation, 2015 U.S. Dist. LEXIS 90644 (SD CA, July 10, 2015), a California federal district court dismissed a Jewish inmate's complaint that his kosher meals do not contain sufficient meat. The magistrate's recommendation in the case is at 2015 U.S. Dist. LEXIS 90668, June 10, 2015.
In Muhammad v. Mathena, 2015 U.S. Dist. LEXIS 91081 (WD VA, July 14, 2015), a Virginia federal district court dismissed an inmate's complaint that he did not receive certain of his issues of the weekly religious periodical "Final Call," and that other issues were delayed or delivered out of order.
In Abpikar v. Martin, 2015 U.S. Dist. LEXIS 93431 (ED CA, July 17, 2015), a California federal magistrate judge recommended dismissing an inmate's complaint that while in administrative segregation, he was denied group daily worship with other Muslim inmates.
Sunday, July 12, 2015
Recent Prisoner Free Exercise Cases
In Jehovah v. Clarke, (4th Cir., July 9, 2014), the 4th Circuit reversed a Virginia federal district court's dismissal of free exercise and RLUIPA claims by an inmate who had a sincere belief in his own version of Christianity based on a version of the Bible he had written. He complained about policies banning consumption of wine during communion, inability to obtain a job that allows him to observe his "Old Jewish" and "New Christic" Sabbaths, and his cell assignment with anti-Christians and unbelievers.
In Harris v. State, 2015 Nev. App. Unpub. LEXIS 282 (NV App., June 2, 2015), a Nevada appeals court affirmed the dismissal of an inmate's complaint that he was required to give up his medically-necessary low-sodium diet during Ramadan in order to receive Ramadan meals.
In Robinson v. Landry, 2015 U.S. Dist. LEXIS 87025 (D ME, July 6, 2015), a Maine federal district court dismissed because of mootness and unavailability of damages as relief, a Native American inmate's complaint growing out of failure to return his medicine bag, denial of smudge materials, and lack of access to Native American services.
In Ryidu-X v. Maryland Division of Corrections, 2015 U.S. Dist. LEXIS 87683 (D MD, July 6, 2015), a Maryland federal district court held that the brief inability of an inmate to access the prison commissary using his religious name despite a settlement agreement allowing him to do so did not amount to a violation of constitutional magnitude.
In Daywitt v. Minnesota, 2015 U.S. Dist. LEXIS 87552 (D MN, July 6, 2015), a Minnesota federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 87951, June 17, 2015) and permitted plaintiff, an Orthodox Jew who was civilly committed in the Minnesota Sex Offender Program to move ahead with his suit for injunctive and declaratory relief regarding the ban on his wearing a suit coat as required by his religious beliefs. His complaint regarding a ban on wearing a yarmulke was dismissed as moot since the policy had been changed. Damage claims against officials were dismissed on qualified immunity grounds.
In Trotter v. Ramsey, 2015 U.S. Dist. LEXIS 89106 (WD TN, July 9, 2015), a Tennessee federal district court upheld the requirement that all inmate religious services be supervised by an outside religious leader or staff and dismissed a complaint by an inmate who was an approved group Bible study leader that on two occasions he was not allowed to hold Sabbath/Advent Bible study.
In Harris v. State, 2015 Nev. App. Unpub. LEXIS 282 (NV App., June 2, 2015), a Nevada appeals court affirmed the dismissal of an inmate's complaint that he was required to give up his medically-necessary low-sodium diet during Ramadan in order to receive Ramadan meals.
In Robinson v. Landry, 2015 U.S. Dist. LEXIS 87025 (D ME, July 6, 2015), a Maine federal district court dismissed because of mootness and unavailability of damages as relief, a Native American inmate's complaint growing out of failure to return his medicine bag, denial of smudge materials, and lack of access to Native American services.
In Ryidu-X v. Maryland Division of Corrections, 2015 U.S. Dist. LEXIS 87683 (D MD, July 6, 2015), a Maryland federal district court held that the brief inability of an inmate to access the prison commissary using his religious name despite a settlement agreement allowing him to do so did not amount to a violation of constitutional magnitude.
In Daywitt v. Minnesota, 2015 U.S. Dist. LEXIS 87552 (D MN, July 6, 2015), a Minnesota federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 87951, June 17, 2015) and permitted plaintiff, an Orthodox Jew who was civilly committed in the Minnesota Sex Offender Program to move ahead with his suit for injunctive and declaratory relief regarding the ban on his wearing a suit coat as required by his religious beliefs. His complaint regarding a ban on wearing a yarmulke was dismissed as moot since the policy had been changed. Damage claims against officials were dismissed on qualified immunity grounds.
In Trotter v. Ramsey, 2015 U.S. Dist. LEXIS 89106 (WD TN, July 9, 2015), a Tennessee federal district court upheld the requirement that all inmate religious services be supervised by an outside religious leader or staff and dismissed a complaint by an inmate who was an approved group Bible study leader that on two occasions he was not allowed to hold Sabbath/Advent Bible study.
Subscribe to:
Posts (Atom)