Recent Prisoner Free Exercise Cases

In Robbins v. Toole, 2014 U.S. Dist. LEXIS 160274 (SD GA, Nov. 14, 2014), Georgia magistrate judge allowed an inmate to proceed with his complaint that he was not being given food that meets his religious requirements.

In Malipurathu v. Johnson, 2014 U.S. Dist. LEXIS 160529 (ND OK, Nov. 13, 2014), an Oklahoma federal district court dismissed complaints by a Sikh inmate that he was not permitted to obtain a halal diet until he listed his religion as Sikh/ Islam.  Plaintiff never requested that the Department of Corrections add the Sikh religion to the list of those entitled to a halal diet. The court also dismissed various complaints about the content of halal meals served to plaintiff.

In Snodgrass v. Robinson, 2014 U.S. Dist. LEXIS 161517 (WD VA, Nov. 17, 2014), a Virginia federal district court refused to dismiss a Muslim inmate's complaint that he was not permitted to participate in the 2013 Ramadan fast.

In Amos v. Stolzer, 2014 U.S. Dist. LEXIS 161557 (ED MO, Nov. 18, 2014), a Missouri federal district court permitted a Muslim inmate to proceed against a jail sergeant, but not against other defendants, in his complaint that he was denied halal food, a "hardback" Qur'an, a "prayer rug" and access to religious services with an Imam.  His Establishment Clause claim based on the absence of Muslim clergy on the authorized clergy list was dismissed.

In Pegues v. Billingsley, 2014 U.S. Dist. LEXIS 161842 (CD IL, Nov. 19, 2014), an Illinois federal district court permitted a "vegetarian Ethiopian Jewish" pre-trial detainee to proceed with his complaint that he has been denied pastoral care from any religious volunteers, and has been denied the opportunity to meet with religious leaders in retaliation for his filing complaints.

Recent Prisoner Free Exercise Cases

In Glenn v. Liebel, 2014 U.S. Dist. LEXIS 158195 (SD IN, Nov. 10, 2014), an Indiana federal district court allowed an inmate to proceed with his complaint that his Eastern Orthodox religion has not been included in the prison system's Handbook of Religious Belief and Practices, and that he has been denied access to Eastern Orthodox religious services and various religious items.

In Muhammad v. Jenkins, 2014 U.S. Dist. LEXIS 158481 (SD NY, Nov. 4, 2014), a New York federal district court rejected claims for injunctive relief but set for trial the damage action by plaintiff who claimed that the denial of a change in his parole curfew restrictions were motivated by religious hostility and prevented him from attending his Nation of Islam mosque.

In Guillory v. Jones County Jail, 2014 U.S. Dist. LEXIS 159159 (SD MS, Nov. 12, 2014), a Mississippi federal district court permitted a Muslim pre-trial detainee's claim that he was prevented from performing daily prayers because of cell overcrowding and was not given special Ramadan meals, a prayer rug or religious hat to proceed only against the sheriff in his official capacity.

In Hunter v. Corrections Corporation of America, 2014 U.S. Dist. LEXIS 159739 (SD GA, Nov. 13, 2014), a Georgia federal magistrate judge permitted a Muslim inmate to move ahead with his claims under RLUIPA and the Establishment Clause that he enrolled in a faith-based program when a bottom bunk became available and he was told that he could teach Islam there, but instead he was forced to attend group sessions promoting Christianity 13 times per week.

Recent Prisoner Free Exercise Cases

In Hall v. Sutton, 2014 U.S. App. LEXIS 21073 (7th Cir., Nov. 5, 2014), the 7th Circuit affirmed the district court's grant of qualified immunity in a challenge to a prison's two-meal practice during Ramadan and its delay of the Eid-ul-Fitr celebration.

In May v. Snaza, 2014 U.S. Dist. LEXIS 156088 (WD WA, Nov. 4, 2014), a Washington federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 156027, Oct. 8, 2014) and dismissed without prejudice a Muslim inmate's claim that his transfer to a different jail violated his free exercise rights because he was then denied Ramadan meals, Jumu'ah prayer services, and an Islamic leader and literature, and had a delay in being placed on a vegetarian diet.

In Ajala v. West, 2014 U.S. Dist. LEXIS 156618 (WD WI, Nov. 4, 2014), a Wisconsin federal district court dismissed Muslim inmates' claims that prison authorities refused to accommodate their Ramadan fast and have a special meal for Eid al-Fitr. Plaintiffs though were permitted to file additional material on their claim that their 2012 Ramadan request was refused.

Recent Prisoner Free Exercise Cases

In Turner v. Hamblin, (7th Cir., Oct. 27, 2014), the 7th Circuit affirmed the dismissal of a Muslim inmate's complaint that Islamic services were canceled when non-prisoners were unavailable to lead them, while Christian services were never canceled.

In Lewis v. Grounds, 2014 U.S. Dist. LEXIS 152288 (SD IL, Oct. 28, 2014), an Illinois federal district court permitted a Hebrew Israelite inmate to proceed with his claim that the prison grooming policy requires him to violate his Nazarite vow to never cut his "hairlocks."

In Bailey v. Ingram, 2014 U.S. Dist. LEXIS 152493 (ED KY, Oct. 24, 2014), a Kentucky federal district court dismissed a Catholic Cherokee inmate's complaint that he was terminated from his kitchen job for attending a Christian religious encounter event rather than reporting for work.

In Manges v. Harman, 2014 U.S. Dist. LEXIS 152969 (ND IN, Oct. 29, 2014), an Indiana federal district court dismissed most of the claims by an inmate described as a "serial grievance filer" who complained of various instances in which he was prevented from attending Eastern Orthodox religious services. However the court permitted him to move ahead on two retalitation claims.

In Hollins v. Munks, 2014 U.S. Dist. LEXIS 153462 (N.D. Cal.Oct. 29, 2014), a California federal district court dismissed a complaint by a Muslim inmate that he had not received a Halal diet.

In Comundoiwilla v. Liles, 2014 U.S. Dist. LEXIS 153593 (E CA, Oct. 29, 2014), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that he was not permitted to attend congregational Jumu'ah prayer services for two years because of his confinement status.

In Cash v. Armstrong, 2014 U.S. Dist. LEXIS 153739 (ED TN, Oct. 29, 2014), a Tennessee federal district court permitted an inmate to proceed with his complaint that he was not adequately furnished items he needed for his planned conversion to Islam.

Federal District Court Holds Humanism Is A Religion

In American Humanist Association v. United States, (D OR, Oct. 30, 2014), an Oregon federal district court held that "Humanism is a religion for Establishment Clause purposes," observing that "such a view is consistent with longstanding Supreme Court jurisprudence." The holding comes in a case in which a federal prisoner sought recognition of Humanism so the prison would create a Humanist study group.

Recent Prisoner Free Exercise Cases

In Blalock v. Jacobsen, 2014 U.S. Dist. LEXIS 148746 (SD NY, Oct. 29, 2014), a New York federal district court dismissed a Muslim inmate's complaint that he was twice unable to attend religious services while awaiting a disciplinary hearing, and that on two occasions he was required to wear his pants longer than allowed by Muslim law.

In Nible v. California Department of Corrections and Rehabilitation, 2014 U.S. Dist. LEXIS 148898 (ED CA, Oct. 17, 2014), a California federal magistrate judge dismissed complaints of an inmate who is an Asatru/Odinic practitioner that he was denied use of outdoor grounds, chapel time equal to others, and was denied drinking horns and other items needed for religious rituals and study.

In Weatherspoon v. Sparkman, 2014 U.S. Dist. LEXIS 149413 (ND MS, Oct. 20, 2014), a Mississippi federal district court dismissed a Muslim inmate's complaint that inadequate timely facilities were provided in his unit for weekly Jumu'ah services. Prison authorities had offered to transfer plaintiff to a different unit where services are available at the required times, but plaintiff refused.

In Hodges v. Sharon, 2014 U.S. Dist. LEXIS 150089 (ED CA, Oct. 22, 2014), a California federal magistrate judge recommended dismissing a claim for damages under RLUIPA brought by a Messianic Jewish inmate who complained about various restrictions on his ability to practice his religion. He was allowed to proceed with his attempt to obtain an injunction.

Recent Prisoner Free Exercise Cases

In Carter v. Davis, 2014 U.S. Dist. LEXIS 148037 (ED VA, Oct. 16, 2014), a Virginia federal district court dismissed, with leave to amend, an inmate's complaint that he was removed from the Common Fare diet which made it impossible for him to have access to kosher food.

In Mallory v. Commissary Store at GBDF, 2014 U.S. Dist. LEXIS 148189 (SD CA, Oct. 16, 2014), a California federal district court dismissed with leave to amend an inmate's claim over lack of kosher hygiene or cosmetic products.

Recent Prisoner Free Exercise Cases

In Elizondo v. Livingston, 2014 U.S. Dist. LEXIS 141413 (ND T, Oct. 3, 2014), a Texas federal district court dismissed an inmate's complaint that for safety purposes he needed to be single celled or celled with someone of his same Jewish faith.

In Storm v. Reinke, 2014 U.S. Dist. LEXIS 141472 (D ID, Sept. 29, 2014). an Idaho federal district court dismissed an inmate's claim in a habeas corpus proceeding that, while on parole, his free exercise rights were curtailed when he was placed on sex offender caseload. The court concluded that the claim does not bear on petitioner's custody.

In Strickland v. Godinez, 2014 U.S. Dist. LEXIS 141863 (SD IL, Oct. 6, 2014), an Illinois federal district court permitted an inmate to proceed with his free exercise and RLUIPA claims that he is being denied Asatru group worship as well as individual Asatru ritual practices.

Recent Prisoner Free Exercise Cases

In Allen v. Lizarraga, 2014 U.S. Dist. LEXIS 136439 (ND CA, Sept. 26, 2014), a California federal district court rejected an inmate's claim in a habeas corpus proceeding that his free exercise rights were infringed by a state court's conclusion that the clergy-penitent privilege did not apply to his confession.

In Peele v. Klemm, 2014 U.S. Dist. LEXIS 136935 (WD PA, Sept. 29, 2014), a Pennsylvania federal magistrate judge allowed a Muslim inmate to proceed under RLUIPA with a challenge to a Department of Corrections policy that restricts participation in the Eid-al-Fitr and Eid-al-Adha feasts to inmates who have participated in Ramadan services, who pay the cost of the feast and who are not in disciplinary custody.

In Williams v. Pollard, 2014 U.S. Dist. LEXIS 137297 (ED WI, Sept. 27, 2014), a Wisconsin federal district court allowed an inmate to challenge the confiscation of his two folders of religious material and more broadly an unofficial policy that disfavors Nation of Islam as a religion, as well as retaliation against him for his earlier role in getting NOI recognized as a religion.

In Covington v Annucci, 2014 N.Y. Misc. LEXIS 4214 (Seneca Co. NY Sup. Ct., Sept. 25, 2014), a New York state trial court rejected a complaint by a Muslim inmate that he is sometimes treated by a female medical worker.

In Pittman v. Jesson, 2014 U.S. Dist. LEXIS 137803 (D MN, Sept. 30, 2014), a Minnesota federal district court permitted a civilly committed sex offender to proceed against certain defendants with his complaint that rules barred him from wearing his Kufi outside his cell except during Jumah services and that he was prohibited from bringing his Koran into the yard, wearing his prayer beads at all times, doing his daily prayers in the yard, and keeping his prayer oils in his room.

In yet another decision in Davis v. Abercrombie, 2014 U.S. Dist. LEXIS 139028 (D HI, Sept. 30, 2014), an Hawaii federal district court has now certified classes and subclasses in the class action on behalf of Native Hawaiian inmates who claim their religious rights were infringed.

In Harbin v. South Carolina Department of Corrections, 2014 U.S. Dist. LEXIS 138215 ( D SC, Sept 30, 2014), a South Carolina federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 139617, June 12, 2014) and dismissed an inmate's complaint that Nation of Islam inmates are not provided separate study group classes and services from other Muslims.

In Salam v. Delaney, 2014 U.S. Dist. LEXIS 138479 (WD AR, Sept. 30, 2014), an Arkansas federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 138480, Sept. 8, 2014) and among other things dismissed a Muslim inmate's claim that he was denied a pork-free diet.

In Morceli v. Meyers, 2014 U.S. Dist. LEXIS 141037 (ED CA, Oct. 1, 2014), a California federal magistrate judge recommended dismissing an inmate's complaint because there was no evidence that the named defendant was responsible for the alleged policy of refusing to allow Muslim inmates to wear kufis in the dining hall, or to purchase and wear black kufis anywhere.

Recent Prisoner Free Exercise Cases

In Ureña v. Strafford County House of Corrections, 2014 U.S. Dist. LEXIS 132513 (D NH, Sept. 22, 2014), a New Hampshire federal magistrate judge recommended allowing a Muslim inmate to proceed with a number of his claims regarding access to a halal diet and to Jumu'ah, a Qur'an, a kufi and an Imam.

In Sublett v. Green, 2014 U.S. Dist. LEXIS 135527 (ED KY, Sept. 24, 2014), a Kentucky federal district court dismissed an inmate's complaint that he was denied kosher meals while in segregation. The court found plaintiff had not exhausted administrative remedies.

In Bartlett v. Wengler, 2014 U.S. Dist. LEXIS 135516 (D ID, Sept. 24, 2014), an Idaho federal district court indicated that it intended to dismiss an inmate's complaint about failure to provide kosher meals.

In Shepherd v. Powers, 2014 U.S. Dist. LEXIS 136467 (SD NY, Sept. 26, 20140, a New York federal district court allowed an inmate to proceed with a complaint that in punitive segregation he was unable to attend church or Bible study classes, and he only a received a Bible three days after he requested one.

Recent Prisoner Free Exercise Cases

In Williams v. Lemmon, 2014 U.S. Dist. LEXIS 129217 (SD IN, Sept. 16, 2014), an Indiana federal district court dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint about a 30-day suspension of Jumah services.

In Grohs v. Santiago, 2014 U.S. Dist. LEXIS 130139 (D NJ, Sept. 17, 2014 ( NJ, Sept. 17, 2014), a New Jersey federal district court dismissed, with leave to amend, an inmate's complaint that he had to dispose of religious material because of lack of storage space.

In Brown v. Mathena, 2014 U.S. Dist. LEXIS 130574 (WD VA, Sept. 16, 2014), a Virginia federal district court dismissed various complaints by a Nation of Islam inmate that the Common Fare diet does not give him nutritional food that meets his religious dietary requirements.

In Martz v. Sci-Coal Twp. Therapeutic Community, 2014 U.S. Dist. LEXIS 130823 (MD PA, Sept. 18, 2014), a Pennsylvania federal district court dismissed an inmate's claim that his rights under the Establishment Clause were infringed when he was denied parole because he did not complete a substance abuse program allegedly religious in nature.

In Cowart v. Allen, 2014 U.S. Dist. LEXIS 130693 (MD AL, Sept. 18, 2014), an Alabama federal district court adopted a magistrate's recommenation (2014 U.S. Dist. LEXIS 131149, Aug. 26, 2014) and dismissed an inmate's complaint that prison policy denies tobacco use during Native American religious ceremonies, that guards interrupt ceremonies, limit access to fires and a sweat lodge, allow gang members on sacred ground and that the chaplain desecrated his religious objects.

In Short v. Martyn, 2014 U.S. Dist. LEXIS 131352 (WD MI, Sept. 19, 2014), a Michigan federal district court permitted an inmate to proceed on a retaliation claim (but not a free exercise claim) against a corrections officer who fired plaintiff from his prison job after he attended a non-denominational Christian conference.

In Green v. Beck, 2014 U.S. Dist. LEXIS 131647 (ED NC, Sept. 9, 2014), a North Carolina federal district court dismissed a former inmate's complaints about the handling of his request for recognition  of his religious name. He was ultimately issued a new identifcation card.

In Powers v. Clarke, 2014 U.S. Dist. LEXIS 131886 (ED VA, Sept. 17, 2014), a Virginia federal district court dismissed an inmate's complaint that authorities refused to recognize Nation of Gods and Earths (Five Percenters) as a religion and instead have classified it as a gang and restricted distribution of its literature.

Recent Prisoner Free Exercise Cases

In Johnson v. Brown, (11th Cir., Sept. 12, 2014), the 11th Circuit reversed an Alabama federal district court's dismissal at the screening stage of a complaint that Sunnah Muslim inmates' access to a classroom used as a Masjid for prayer was being limited, their prayer services were being interrupted or cancelled, Eid al-Adha was mishandled and plaintiff was not allowed to wear a kufi.

In Miller v. Lewright, 2014 U.S. Dist. LEXIS 124584 (ED CA, Sept. 5, 2014), a California federal magistrate judge dismissed with leave to amend a complaint by a Native American civil detainee that authorities refused to release to him a spiritual bead necklace that he had ordered from a private vendor.

In Utt v. Brown, 2014 U.S. Dist. LEXIS 122602 (ED NC, Sept. 3, 2014), a North Carolina federal district court permitted a Wiccan inmate to proceed with his complaint about a policy that tarot cards are only for personal use, confiscation of his homemade religious items, a prohibition on his practicing sacred Esbats and denial of corporate worship.

In Vigil v. Raemisch, 2014 U.S. Dist. LEXIS 124986 (D CO, Sept. 8, 2014), a Colorado federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 124985, Aug. 15, 2014), and dismissed a Native American inmate's complaint that he was not allowed to wear a Mohawk haircut.

In Henderson v. Hedgpeth, 2014 U.S. Dist. LEXIS 125315 (ND CA, Sept. 8, 2014), a California federal district court dismissed with partial leave to amend a Muslim inmate's complaint that authorities failed to provide Muslim prayer services or a full-time chaplain, have not purchased various Muslim religious items (Qurans, prayer rugs, oils, books), have not allowed group breaking of the Ramadan fast or allowed ordering of Halal food.

In Desmond v. Phelps, 2014 U.S. Dist. LEXIS 126428 (D DE, Sept. 10, 2014), a Delaware federal district court allowed a Jewish inmate to join in a suit by Sunni-Salafi and Catholic inmates raising issues regarding the practice of religion at a Delaware prison. The court denied a preliminary injunction relating to retaliation claims by one of the Catholic plaintiffs.

In Elmore v. Saunders, 2014 U.S. Dist. LEXIS 126978 (MD NC,Sept. 11, 2014), a North Carolina federal district court denied the free exercise claim of an inmate who alleged that he could not pray during four days in a close observation cell because he was handcuffed and denied water to cleanse himself.

In Cejas v. Myers, 2014 U.S. Dist. LEXIS 127008 (ED CA, Sept. 10, 2014), a California federal magistrate judge dismissed, with partial leave to amend, a Buddhist inmate's complaint that Buddhists were denied chapel time while on C-status, and failed to fill a vacant chaplain position.

In Walters v. Livingston, 2014 U.S. Dist. LEXIS 127630 (WD TX, Sept. 12, 2014), a Texas federal magistrate judge dismissed on various grounds claims by a Native American inmate (who now has been released after completing his sentence) that he was wrongly transferred to a non-Native American unit after he was disciplined and not provided accommodations to practice his faith there. Defendants' counterclaim for attorneys' fees was also dismissed.

Recent Prisoner Free Exercise Cases

In Jenkins v. Meyers, (9th Cir., Sept. 4, 2014), the 9th Circuit upheld a prison's action in returning a package containing religious prayer oil sent by an unapproved religious vendor.

In Woodward v. Perez, 2014 U.S. Dist. LEXIS 121329 (SD NY, Aug. 29, 2014), a New York federal district court dismissed on qualified immunity and mootness grounds a Muslim inmate's complaint that his religious rights were infringed when he was requied to shower in the presence of a female officer and a "known homosexual" fellow-inmate.

In Lindsey v. Butler, 2014 U.S. Dist. LEXIS 121364 (SD NY, Aug. 29, 2014), a New York federal district court permitted a Black Sunni Muslim plaintiff to proceed with his claim that his free exercise and 4th Amendment rights were infringed when police forcibly shave his facial hair for purposes of a police lineup.

In Green v. Director/Secretary California Department of Corrections & Rehabilitation, 2014 U.S. Dist. LEXIS 121485 (SD CA, Aug. 29, 2014), a California federal district court permitted a Native American inmate to proceed with his complaint that he was denied access to a sweat lodge, was harassed and intimidated, and had his religious items confiscated.

In Rowe v. Indiana Department of Corrections, 2014 U.S. Dist. LEXIS 123884 (SD IN, Sept. 5, 2014), an Indiana federal district court rejected claims by a White Supremacist inmate who was a leader of the Church of Jesus Christ Christian (the religious arm of Aryan Nations) that policies of the Indiana Department of Corrections interfered with his abillity to practice his religion. The challenged policies involved security threat groups, offender visitation, property limits, offender correspondence and a policy that prevents him from wearing a swastika necklace.

More Recent Prisoner Free Exercise Cases

In Kilgore v. Gerlicher, 2014 U.S. Dist. LEXIS 119578 (D MN, Aug. 8, 2014), a Mionnesota federal magistrate judge recommended dismissing an inmate's claim that his free exercise rights were substantially burdened by the Department of Corrections designating Nation of Gods and Earths as a security threat group.

In Green v. Hawkinberry, 2014 U.S. Dist. LEXIS 120020 (WD PA, Aug. 28, 2014), a Pennsylvania federal magistrate judge permitted an inmate to proceed against all but one defendant with his complaint that he was wrongfullydenied a kosher diet.

In Muhammad v. Pearson, 2014 U.S. Dist. LEXIS 120396 (ED VA, Aug. 22, 2014), a Virginia federal district court dismissed a complaint by a Nation of Islam inmate that he was denied study guides, DVD's, and a second NOI meeting. The court did not dismiss, pending a motion to do so, plaintiff's complaint that he was unable to have NOI meetings while on lockdown.

In Guillory v. Ellis, 2014 U.S. Dist. LEXIS 120709 (ND NY, Aug. 29, 2014), a New York federal district court adopted a magistrate's recommendation and dismissed a suit in which plaintiff claimed defendant caused him to miss one religious service and there was a shortened Purim celebration.

In Shabazz v. Giurbino, 2014 U.S. Dist. LEXIS 121037 (ED CA, Aug. 28, 2014), a California federal magistrate judge recommended that a Muslim inmate be allowed to move forward with some of his claims alleging that he received Halal meals containing meat only once a day (the others were vegetarian) while Jewish prisoners received kosher meat meals three times a day.

Recent Prisoner Free Exercise Cases

In Phillip v. Schriro, 2014 U.S. Dist. LEXIS 117720 (SD NY, Aug. 22, 2014), a New York federal district court allowed a Muslim inmate to proceed with most of his claims that his free exercise rights were violated when he was denied participation in Friday Jumu'ah services while in punitive segregation.

In Vann v. Fischer, 2014 U.S. Dist. LEXIS 118247 (SD NY, Aug. 25, 2014), a New York federal district court dismissed a complaint by a Santeria practitioner that his religious rights were violated by Directives requiring that he obtain approval to wear his religious beads, conceal them while wearing them, and not wear them while in transit.

In Moon v. Pratte, 2014 U.S. Dist. LEXIS 118707 (ED MO, Aug. 26, 2014), a Missouri federal district court allowed a Muslim inmate to proceed with his claims for religious discrimination. Plaintiff had claimed denial of halal food, a clean place to pray, Islamic religious materials, and services or speakers.

In Ex parte Herrera, 2014 Tex. App. LEXIS 9511 (TX App., Aug. 26, 2014), a Texas state appeals court denied habeas corpus relief to petitioner, in pre-trial home confinement under charges of sexually assaulting a child, who was barred from attending church services as a condition of his electronic monitoring.

In Kyles v. Chartier, 2014 U.S. Dist. LEXIS 119270 (D SC, Aug. 26, 2014), a South Carolina federal district court adopted a magistrate's recommendation and held that the religious exercise of a Hebrew Messianic Yisraelite inmate was not substantially burdened by allowing him to worship with the Jewish congregation but not in separate services.

In Hoeck v. Miklich, 2014 U.S. Dist. LEXIS 119490 (D CO, Aug. 27, 2014), a Colorado federal district court denied injunctive relief to an inmate who claimed that authroties were preventing him from observing his religion of Biblical Christianity that has its own times for various holidays and its own dietary requirements. The court concluded that the relief requested either related to past events or was too vague to implement.

In Williamson v. Twaddell, 2014 U.S. Dist. LEXIS 119566 (CD IL, Aug. 25, 2014), an Illinois federal district court permitted a Messianic Black Hebrew Israelite inmate to proceed with his complaint that he was denied kosher meals, access to Messianic service, baptism, a prayer cap and a ATanach@ religious book.

In Farrad v. Evans, 2014 U.S. Dist. LEXIS 119704 (SD NY, Aug. 15, 2014), a New York federal district court dismissed an inmate's complaint that he was denied Islamic services and ministerial consultation while he was in the prison's medical ward.

In Lloyd v. City of New York, 2014 U.S. Dist. LEXIS 119706 (SD NY, Aug. 4, 2014), a New York federal district court allowed Muslim inmates held at Rikers Island to move ahead with their complaint that they were not provided adequate or appropriate worship space, but dismissed their complaint that they were not furnished an adequate supply of religious materials.

Recent Prisoner Free Exercise Cases

In Smart v. Aramark Inc., 2014 U.S. Dist. LEXIS 113266 (D NJ, Aug. 15, 2014), a New Jersey federal district court reaffirmed its prior holding that an inmate, who variously claimed his relgion as Muslim or Jewish, did not have his ability to practice his religion affected by his inability to have his beard at the prison's kitchen.

In Fields v. Martin, 2014 U.S. Dist. LEXIS 114224 (ED MI, Aut.18, 2014), a Michigan federal district court accepted a magistrate's report and rejected an inmate's claim that his Buddhist religion required him to have a vegan diet.

In Nelson v. Jackson, 2014 U.S. Dist. LEXIS 115111 (SD OH, Aug. 19, 2014), an Ohio federal magistrate judge recommended rejecting a Jewish inmate's complaint that he was served meat and dairy products during the same meal and was required to cook or reheat his kosher meals in a microwave on the Sabbath.

In Mason v. Clear Creek County, 2014 U.S. Dist. LEXIS 115840 (D CO, Aug. 20, 2014), a Colorado district court, while dismissing a number of claims unrelated to prison conditions, permitted a Messianic Hebrew inmate to proceed with his claim that he was denied a religious diet and subjected to religious persecution.

In Hardy v. Agee, 2014 U.S. Dist. LEXIS 115488 (WD MI, Aug. 20, 2014), a Michigan federal district court dismissed a complaint by a Muslim inmate that because of his refusal to take a job in the kitchen he was placed on room restriction and was prevented from attending Islamic services and classes.

In Chau v. Young, 2014 U.S. Dist. LEXIS 116252 (ND CA, Aug. 20, 2014), a California federal district court dismissed a complaint by a Muslim inmate that a "modified program" imposed after a prison riot prevented his participation in Friday prayers, Islamic study classes and Ramadan observance with other inmates.

In Hunter v. Corrections Corporation of America, 2014 U.S. Dist. LEXIS 116156 (SD GA, Aug. 20, 2014), a Georgia federal magistrate judge dismissed, with leave to amend, a Muslim inmate's complaint that he was coerced into participating in a Christian faith-based program.

In Annabel v. Michigan Department of Corrections, 2014 U.S. Dist. LEXIS 116440 (WD MI, Aug. 21, 2014), a Michigan federal district court rejected an inmate's claim that his free exercise rights were infringed when correctional officers mocked his Judaic Christian religion. It also rejected his claim that he was rataliated against for settling a lawsuit granting him a kosher diet.

Recent Prisoner Free Exercise Cases

In Haight v. Thompson, (6th Cir., Aug. 15, 2014), the 6th Circuit remanded, finding triable issues of fact, claims by Native American inmates that they should have access to a sweat lodge, and should have buffalo meat at their once a year powwow. The 6th Circuit held, however, that money damages are not recoverable under RLUIPA in suits against officials in their individual capaicites. (AP has more on the decision.)

In Williams v. King, 2014 U.S. Dist. LEXIS 110757 (SD NY, Aug. 11, 2014), a New York federal district court allowed a Shiite Muslim inmate to proceed with some of his free exercise and equal protection claims alleging that the penal facility's Muslim chaplain, a Sunni, discriminated agiast Shiites by allowing Muslim inmates to pray and fast only for the last two days of Muharram (the Sunni custom) rather than for the full ten days (the Sunni custom).

In Howard v. Webster, 2014 U.S. Dist. LEXIS 111301 (ED WI, Aug. 12, 2014), a Wisconsin federal magistrate judge permitted a Buddhist inmate to proceed with his complaint that Christianity was promoted in various ways in the prison: a painting of Jesus in the library, religious messages in hygiene bags, and Christian music piped through a TV channel. He also could move ahead with a complaint that he was not allowed to possess a necklace with an emblem of Buddha.

In Jones v. Nevin, 2014 U.S. Dist. LEXIS 111576 (D NV, Aug. 11, 2014), a Nevada federal district court dismissed a Jewish inmate's complaint that he did not have access to kosher meals and, instead, had only the common fare menu thast is so distasteful as to discourage inmates from practicing Judaism.

In Diaz v. Kessler, 2014 U.S. Dist. LEXIS 112357 (ND CA, Aug. 12, 2014), a California federal district court permitted an inmate to proceed with his claim that his Jewish religious service was terminated on one occassion in retaliation for his objections to the way other complaints were handled.

In Wortham v. Lantz, 2014 U.S. Dist. LEXIS 112487 (D CT, Aut. 13, 2014), a Connecticut federal district court dismissed a Hebrew Isrelite inmate's complaints that the common fare vegetarian diet did not satisfy his religious needs because it did not include kosher meat, as well as his complaints about not being able to purchase oils from outside vendors or purchase various other religious items.

In Harvey v. Segura, 2014 U.S. Dist. LEXIS 112877 (D CO, Aug. 14, 2014), a Colorado federal district court dismissed on qualified immunity grounds a Muslim inmate's religious objections to a strip search by a female officer, but permitted plaintiff to move ahead with his challenge to the confiscation of his kufi and his claim for punitive damages.

In Depaola v. Virginia Department of Corrections, 2014 U.S. Dist. LEXIS 112585 (WD VA, Aug. 12, 2014), a Virginia federal district court dismissed a Nation of Islam inmate's complaint that the prison's common fare diet does not meet his religious dietary needs.

Recent Prisoner Free Exercise Cases

In Wolcott v. Board of Rabbis of Northern and Southern California, 2014 U.S. Dist. LEXIS 105841 (ED CA, Aug. 1, 2014), a California federal magistrate judge dismissed with leave to amend an inmate's 250-page long complaint alleging  denial or restrictions on conversion to Judaism; hard cover books, materials and artifacts; numbers of books; religious packages; observance of holy days; kosher diet; facial beard; and a kosher work environment.

In Dilworth v. Goldberg, 2014 U.S. Dist. LEXIS 106258 (SD NY, Au. 1, 2014), a New York federal district court allowed a former inmate to proceed with his claim that his religious freedom was infringed while in jail when he was not allowed to attend church services and had his Bible was confiscated.

In Moore v. Gloucester County Jail, 2014 U.S. Dist. LEXIS 108600 (D NJ, Aug. 5, 2-14), a New Jersey federal district court dismissed a Muslim inmate's claim that he was not allowed to practice his religion properly.

In Rojas v. Heimgartner, 2014 U.S. Dist. LEXIS 108855 (D KS, August 7, 2014), a Kansas federal district court dismissed free exercise, equal protection and Indian Religious Freedom Act claims challenging prison dress policy that limited adherents of Native American religious to wearing white bandana headbands at religious ceremonies, and denied them permission to wear colorful headbands.

In Dushane v. Sacramento County Jail, 2014 U.S. Dist. LEXIS 108628 (ED CA, Aug. 5, 2014), a California federal magistrate judge dismissed with leave to amend a Muslim inmate's complaint that the director of chaplains denied kosher diets to Muslim inmates and limited them to vegetarian diets if they wished to observe their religious dietary requirements.

Recent Prisoner Free Exercise Cases

In Dulaney v. Hollingsworth, 2014 U.S. Dist. LEXIS 102220 (D NJ, July 28, 2014), a New Jersey federal district court held that habeas corpus is not a proper route to challenge a prison's treatment of the Hebrew Israelite religion as being part of plaintiff's Messianic Sabbatarian religion.

In Stokley v. Dismas Charities, Inc., 2014 U.S. Dist. LEXIS 102234 (WD KY, July 25, 2014), a Kentucky federal district court allowed an inmate to proceed with his claim that the parole board required him to attend a drug and alcohol treatment program at a Catholic-sponsored facility that imposed religion on its residents.

Mitchell v. Indiana Department of Corrections, 2014 U.S. Dist. LEXIS 102418 (SD IN, July 28, 2014), an Indiana federal district court, while dismissing a number of claims, allowed a Rastafarin inmate to proceed with his claim against a corrections officer who allegedly forced him to cut his dreadlocks.

In Bobbitt v. Whitener, 2014 U.S. Dist. LEXIS 102678 (WD NC, July 28, 2014), a North Carolina federal district court dismissed a complaint by an inmate that authorities seized and would not return his Moorish Science Temple of America literature after he refused to sign a Personal Property Inventory Form.

In Mendell v. Kline, 2014 U.S. Dist. LEXIS 103322 (SD IL, July 28, 2014), an Illinois federal magistrate judge permitted a Wiccan inmate to proceed, but only in his action for a declaratory judgment, with his complaint that he was denied the sue of Tarot cards.

In Lyons v. Nevada ex rel. Ortiz, 2014 U.S. Dist. LEXIS 104902 (D NV, July 31, 2014), a Nevada federal district court dismissed a Muslim inmate's claim that inmates were charged $1.25 to participate in the Eid al-Fitr feast and that Muslim inmates were yelled at while picking up their Ramadan meals.

In Oliver v. Harner, 2014 U.S. Dist. LEXIS 105437 (SD IL, Aug. 1, 2014), an Illinois federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 105438, July 10, 2014) and refused to issue a preliminary injunction to a Hebrew Israelite inmate who complained that he received only a vegan, and not a kosher, diet, while Caucasians similarly situated received kosher meals.

Davis v. Abercrombie, 2014 U.S. Dist. LEXIS 105006 (D HI, July 31, 2014), is another in a line of numerous decisions in a suit by Native Hawaiian inmates who complain they were denied daily outdoor group worship and access to various sacred items. In this decision the court granted summary judgment to defendants on various claims, but permitted plaintiffs to proceed with claims for compensatory and nominal damages for free exercise and RLUIPA violations.

In Shabazz v. Robinson, 2014 U.S. Dist. LEXIS 105370 (WD VA, July 31, 2014), a Virginia federal district court dismissed a Muslim inmate's challenge to prison rules that allow inmates to grow beards for religious reasons only in segregated confinement, and not if they want to be housed in the general population.

Recent Prisoner Free Exercise Cases

In Legate v. Stephens, 2014 U.S. Dist. LEXIS 98442 (SD TX, July 21, 2014), a Texas federal district court adopted a magistrate's recommendation and dismissed a complaint by a Native American inmate that he was not permitted to have long hair or a kouplock, smoke from a sacred pipe, and carry a medicine bag outside his cell.

In Germain v. Shearin, 2014 U.S. Dist. LEXIS 99159 (D MD, July 21, 2014), a Maryland federal district court refused to dismiss because of a genuine issue of material fact a Muslim inmate's complaint that in 2013 inmates observing the Ramadan fast did not receive sufficient calories in their meals.

In Heath v. Lewis, 2014 U.S. Dist. LEXIS 100809 (WD PA, July 24, 2014), a Pennsylvania federal magistrate judge dismissed as moot an inmate's complaint that he was denied Jewish reading material from the chaplaincy library, and also dismissed his claim regard kosher food.