Recent Prisoner Free Exercise Cases

In Chavis v. United States, 2014 U.S. Dist. LEXIS 96940 (D NJ, July 17, 2014), a New Jersey federal district court dismissed without prejudice a claim by an inmate that his free exercise rights were infringed when a correctional officer conducted a pat-down search of him in a "homosexual manner."

In Sharp v. Gay, 2014 U.S. Dist. LEXIS 97825 (D AZ, July 18, 2014), an Arizona federal district court, after a 3-day bench trial, held that a prison's policy allowing Native American inmates to obtain wood for sweat ceremonies only by in-kind donations from family or friends outside the prison violates RLUIPA. The court ordered prison officials to set up a group religious account to allow for inmate and outside financial contributions for the purchase and delivery of firewood. The court however rejected plaintiff's equal protection claim seeking an additional religious meeting time each week for Native Americans.

In Randolph v. Griffin, 2014 U.S. Dist. LEXIS 97369 (WD NY, July 16, 2014), a New York federal district court permitted a Jewish inmate to proceed with his claim that his free exercise rights were infringed when a correctional officer ordered him to remove his yarmulke indoors (including in his cell) and then permanently confiscated it.

AFP reports that in France on July 22, a court ruled that a prison need not furnish Muslim prisoners halal food, since they can obtain meals without pork or vegetarian meals, can purchase halal meat and recieve special meals during the main holidays.

Recent Prisoner Free Exercise Cases

In Partlow v. CDCR, 2014 U.S. Dist. LEXIS 94066  and Stamps v. CDCR, 2014 U.S. Dist. LEXIS 94069  (ED CA, July 10, 2014), a California federal magistrate judge dismissed with leave to amend a complaint that Asatru/ Odonic inmates were denied access to the chapel and outdoor worship space and denied religious items.

In Stepler v. Warden, Hocking Correctional Facility, 2014 U.S. Dist. LEXIS 94453 (SD OH, July 10, 2014), an Ohio federal magistrate judge recommended dismissing a Jewish inmate's complaint that he was not provided a room for religious services and not provided kosher meals with enough calories.  UPDATE: The court adopted the magistrate's recommendation at 2014 U.S. Dist. LEXIS 117120 (Aug. 21, 2014).

In Morgan v. City of New York, 2014 U.S. Dist. LEXIS 94693 (ED NY, July 10, 2014), a New York federal district court permitted plaintiff, a Rastafarian, to move ahead with his claim that his free exercise rights were infringed when his turban was removed at a police precinct after he was arrested.

In Martinez v. Vondewigelo, 2014 U.S. Dist. LEXIS 95005 (WD KY, July 14, 2014), a Kentucky federal district court dismissed an inmate's complaint that he has been denied access to religious materials in Spanish.

In King v. Bosenko, 2014 U.S. Dist. LEXIS 95649 (ED CA, July 11, 2014), a California federal magistrate judge permitted an inmate to move ahead with his claim that his Buddhist beliefs require a vegetarian diet which he was wrongfully denied.

In Dotson v. Shelby County, 2014 U.S. Dist. LEXIS 95953 (WD TN, July 15, 2014), a Tennessee federal district court permitted an inmate to move ahead with his complaint that he did not receive a halal diet.  The court found that his claim fell within the "imminent danger" exception to the disqualification of three-strike prisoner suits filed in forma pauperis. The court dismissed plaintiff's claim that disposable razors had been replaced by electric clippers.

In Sangraal v. Godinez, 2014 U.S. Dist. LEXIS 96056 (SD IL, July 14, 2014), an Illinois federal district court permitted a Pagan inmate to proceed with his complaint that the pentacle as a religious symbol was banned; use of tarot cards to practice divination was restricted; religious literature was selectively screened and he was subjected to overtly Christian messages.

In Bell v. Kennedy, 2014 U.S. Dist. LEXIS 96115 (ED AR, July 15, 2014), an Arkansas federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 96110, June 18, 2014) and denied a preliminary injunction against enforcing grooming regulations against a Rastafarian who adheres to the Nazarite Vow.

Recent Prisoner Free Exercise Cases

In Holland v. Goord, (2d Cir., July 10, 2014), the 2nd Circuit, reversing in part a district court's decision, held that ordering a Muslim inmate to drink water in violation of his Ramadan fast in order to provide a urine sample substantially burdened his free exercise rights.

In McCormack v. Reinke, 2014 U.S. Dist. LEXIS 91356 (D ID, July 2, 2014), an Idaho federal district court dismissed for failure to prosecute a Native American inmate's complaint regarding tearing down of the prison's sweat lodge and alleged retaliation for complaining that failure to provide wood for the sweat lodge violated a previous settlement agreement.

In Villapando v. CDCR, 2014 U.S. Dist. LEXIS 91965 (ED CA, July 3, 2014), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that a change in allowable religious property omitted certain items necessary for Native American religious practices.

In Hines v. Illinois Department of Corrections, 2014 U.S. Dist. LEXIS 92474 (SD IL, July 8, 2014), an Illinois federal district court permitted a Muslim inmate to proceed with various 1st Amendment, RLUIPA and 8th Amendment claims alleging that the vegetarian diet provided to him did not meet Halal requirements, and that he was retaliated against for complaining about non-halal turkey chili served to him.

In Mauwee v. Cox, 2014 U.S. Dist. LEXIS 93241 (D NV, July 9, 2014), a Nevada federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 93239, June 17, 2014) and dismissed a Native American inmate's complaint that a corrections officer desecrated his religious group's ceremonial deer antlers. Defendant mistakenly ordered the antlers to be blunted to 8 inches instead of the allowable 18 inches.

In Salas v. Gomez, 2014 U.S. Dist. LEXIS 93536 (ND CA, July 9, 2014), a California federal district court permitted a Jewish inmate to proceed with his complaint that his food has been inedible and does not meet kosher standards, and that he is being denied access to Jewish scriptures.

In Baumgarten v. Maryland Division of Corrections, 2014 U.S. Dist. LEXIS 93601 (D MD, July 10, 2014), a Maryland federal district court dismissed both for failure to exhaust administrative remedies and on the merits a claim by a Jewish inmate that he was denied kosher meals, and a corrections officer ripped the cover off his religious book.

In Irvin v. James, 2014 U.S. Dist. LEXIS 94064 (ED CA, July 9, 2014), a California federal magistrate judge recommended permitting a Muslim inmate to proceed on his complaint that after the former chaplain left officials denied chapel access, special food for festivals, and receipt of religious packages, and delayed hiring a new Muslim chaplain.

Recent Prisoner Free Exercise Cases

In Ford v. Bureau of Prisons, (3d Cir., June 30, 2014), the 3rd Circuit dismissed the complaint of a Nation of Islam inmate that he was not provided a meal after his fast on two holy days. The court also rejected his claim that discipline for a radical sermon he gave was retaliation.

In Lackey v. Midget, 2014 U.S. Dist. LEXIS 87289 (ED VA, June 25, 2014), a Virginia federal district court adopted a magistrate's recommendations and dismissed a Muslim inmate's complaint that on one evening he received an incomplete Ramadan meal.

In Lewis v. Hirsh, 2014 U.S. Dist. LEXIS 84648 (ED CA, June 20, 2014), a California federal magistrate judge gave an inmate 30 days to amend his pleadings, or else face dismissal of his complaint that  prison authorities are attempting to cause him to violate his Christian Science faith by classifying him as a high medical risk.

In Spight v. Davidson, 2014 U.S. Dist. LEXIS 85671 (MD TN, June 23, 2014), a Tennessee federal district court dismissed a suit by a Seventh Day Adventist inmate who complained that officials would only allow him a vegetarian diet, and not a kosher diet that includes meat.

In Mingo v. Fischer, 2014 U.S. Dist. LEXIS 87231 (ND NY, June 26, 2014), a New York federal district court dismissed an inmate’s complaint that a prison staff member made disparaging remarks about his religion.

In Tate v. Dickinson, 2014 U.S. Dist. LEXIS 86577 (ED CA, June 24, 2014), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that he is limited to purchasing only 5 pre-selected fragrances of prayer oils.

In Joe v. Nelson, 2014 U.S. Dist. LEXIS 87560 (MD GA, June 27, 2014), a Georgia federal district court dismissed an inmate's complaint that unsanitary conditions in his cell meant that he had to wipe the floor before his daily prayers and on one day he could not perform 4 of his 5 daily prayers because of water flooding his cell.

In Johnson v. Corrections Corporation of America, 2014 U.S. Dist. LEXIS 87978 (SD CA, June 23, 2014), a California federal district court dismissed, with leave to amend, an inmate's complaint that the assistant warden would not authorize him to participate in the Ramadan fast.

In Mohamad v. Wenerowicz, 2014 U.S. Dist. LEXIS 89225 (ED PA, June 30, 2014), a Pennsylvania federal district court dismissed a Muslim inmate's complaint that he was unable to pray on a single day when he was kept in handcuffs for over two hours.

In Taylor v. Pearson, 2014 U.S. Dist. LEXIS 87657 (SD AL, June 27, 2914), an Alabama federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 88358, June 2, 2014) and dismissed without prejudice a suit by an inmate claiming his free exercise rights were infringed when he was required to cut his hair and sideburns in an unsanitary barbering facility. The dismissal was a sanction for plaintiff's failure to list in his application for in forma pauperis status 6 prior suits he had filed.

In Williams v. Roberts, 2014 U.S. Dist. LEXIS 89015 (ED CA, June 27, 2014), a California federal magistrate judge dismissed an inmate's claim that his free exercise rights were infringed when a commissioner at his parole hearing questioned his repeated changes in religious belief. Plaintiff had failed to follow through on either Alcoholics Anonymous or an Islam-based program for rehabilitation.

Recent Prisoner Free Exercise Cases

In Kaufman v. Pugh, 2014 U.S. Dist. LEXIS 84532 (WD WI, June 20, 2014), a Wisconsin federal district court dismissed a complaint by a now-released prisoner that authorities refused to authorize an atheist study group. Injuntive relief was dismissed as moot, and a damage claim dismissed on qualified immunity grounds.

In Staple v. Commonwealth, 2014 Pa. Commw. Unpub. LEXIS 388 (PA Commnw. Ct., June 26, 2014), the Pennsylvania Commonwealth Court denied both a writ of mandamus and a declaratory judgment to an inmate seeking return of several religious books that were confiscated because he had altered him.

In Neal-El v. Beitzel, 2014 U.S. Dist. LEXIS 84943 (D MD, June 23, 2014), a Maryland federal district court dismissed an inmate's complaint that for one week he was removed from the list of those permitted to attend Moorish Science Temple services while officials investigated an unfounded report that he was involved in activities jeopardizing security.

In Marron v. Miller, 2014 U.S. Dist. LEXIS 86629 (WD VA, June 24, 2014), a Virginia federal district court dismissed a Muslim inmate's complaint that his religious books were confiscated as contraband because they were inscribed with his religious name rather than the name recognized by the prison system.

Recent Prisoner Free Exercise Cases

In Powers v. Coleman, 2014 U.S. App. LEXIS 11667 (7th Cir., June 20, 2014), the 7th Circuit refused to overturn a jury's verdict that a Messianic Jewish inmate did not have a sincere religious belief that he needed a kosher diet.

In Sharrieff v. Moore, 2014 U.S. Dist. LEXIS 82460 (MD PA, June 16, 2014), a Pennsylvania federal district court dismissed for failure to exhaust administrative remedies a complaint seeking separate religious services and a separate fast during December for Nation of Islam inmates.

In Oliver v. Adams, 2014 U.S. Dist. LEXIS 80519 (ED CA, June 10, 2014), a California federal magistrate judge dismissed, with leave to amend, a complaint by an inmate who is an adherent of Shetaut Neter who claims he is being denied a prayer rug, a religious diet, worship services, and religious programming on in-house television while he is in the special housing unit.

In Davis v. Abercrombie, 2014 U.S. Dist. LEXIS 81780 (D HI, June 13, 2014), a Hawaii federal district court in a very long opinion dealt with claims by Native Hawaiian inmates housed at private prisons in Arizona that their free exercise, RLUIPA and equal protection rights are being infringed as to their daily worship practices, the observance of Makahiki, and access to sacred items, sacred space and a spiritual advisor. The court held that there are genuine issues of fact remaining as to various of the claims.

In Adkins v. Shinn, 2014 U.S. Dist. LEXIS 81953 (D HI, June 16, 2014), a Hawaii federal district court dismissed a Muslim inmate's complaints about lack of visits from an Imam an difficulty in obtaining a Qur'an, other books and a kufi. However the court permitted him to proceed on his complaint that a kosher diet was substituted for his halal diet.

Recent Prisoner Free Exercise Cases

In Abdul-Aziz v. Ricci, (3d Cir, June 16, 2014), the 3rd Circuit affirmed the dismissal of a Muslim inmate's complaint that Muslim inmates were served vegetarian meals while donated meals with Halal meat were refused, and that he was not permitted to have prayer oil in his cell. Dismissal of his complaints of retaliation were also affirmed.

In Cotton v. Cate, (9th Cir., June 16, 2014), the 9th Circuit reversed the dismissal of a Shetaut Neter inmate's RLUIPA claim for a Kemetic diet, holding that the government had not adequately shown there was not a less restrictive alternative to denying plaintiff's food request.

In Ali v. Wingert, (10th Cir., June 19, 2014), the 10th Circuit affirmed the dismissal of a Muslim inmate's complaint that he had problems with his mail being processed when it contained only his religious name without also including his committed name.

In Stigler-El v. Stilwell, 2014 U.S. Dist. LEXIS 79939 (SD IN, June 11, 2014), an Indiana federal district court dismissed an inmate's claim of discrimination against his Moorish precepts of Islamism, but with leave to show why judgment should not issue.

In Alexander v. Michigan, 2014 U.S. Dist. LEXIS 79271 (WD MI, June 11, 2014), a Michigan federal district court, although dismissing a number of defendants on immunity grounds, permitted an inmate to proceed against the warden, the chaplain and the state on his complaint that authorities refused to recognize separately and accommodate the practices of the Ismaili branch of the Moorish Science Temple.

In Oram v. Linderman, 2014 U.S. Dist. LEXIS 78836 (D AZ, June 9, 2014),an Arizona federal district court dismissed complaints of an inmate who is a gentile practitioner of Torah Observant Messianic Judaism that weekly religious services are limited to 60 minutes (instead of the 3 hours he requested) and that there are limits on the size of prayer shawls.

In West v. Grams, 2014 U.S. Dist. LEXIS 82030 (WD WI, June 16, 2014), a Wisconsin federal magistrate judge amended his former order that improperly dismissed a Muslim inmate's RLUIPA claim for injunctive relief on qualified immunity grounds, and instead dismissed it on mootness grounds because plaintiff has been transferred to a new prison. The underlying claim related to availability of religious services and alleged retaliation.

In Desmond v. Phelps, 2014 U.S. Dist. LEXIS 81874 (D DE, June 16, 2014), a Delaware federal district court denied a motion for injunctive relief by inmates who claimed discrimination against Catholics in access to religious services, religious leaders and accommodation of various religious practices after certain Catholic volunteers were banned from the facility.

In Evans v. Godinez, 2014 IL App (4th) 130686-U (IL App., June 18, 2014), an Illinois state appellate court upheld a prison's refusal to provide study groups and prayer services for Nation of Islam inmates.

Recent Prisoner Free Exercise Cases

In Jones v. Conrad, (8th Cir., June 2, 2014), the 8th Circuit upheld the dismissal of an inmate's complaint that he was denied permission to receive two religious publications sent to him through the mail. He failed to show that the denial substantially burdened his ability to practice his religion.

In Davis v. Abercrombie, 2014 U.S. Dist. LEXIS 74934 (D HI, June 2, 2014), a Hawaii federal district court refused to reconsider its prior denial of summary judgment to defendants on Native Hawaiian inmates' complaints that they were denied daily outdoor group worship; and were denied daily access to amulets and bamboo nose flutes. However reconsideration was granted as to inmates' lack of access to certain other sacred items. The court also dismissed certain claims for prospective equitable relief as moot.

In Porter v. Biter, 2014 U.S. Dist. LEXIS 77476 (ED CA, June 4, 2014), a California federal magistrate judge dismissed, with leave to amend, a Muslim inmate's attempt to obtain an order allowing him to change his legal name to a religious name and to use the religious name during normal prison activities such as sending and receiving mail.

In Cole v. Danberg, 2014 U.S. Dist. LEXIS 77773 (D DE, June 6, 2014), a Delaware federal district court permitted a Muslim inmate to proceed with many of his claims for injunctive relief growing out of alleged religious discrimination, denial of right to observe Islamic holidays and have congregational prayer, and refusal to allow the Islamic community to raise funds.

In Schlemm v. Frank, 2014 U.S. Dist. LEXIS 78601 (WD WI, June 10, 2014), a Wisconsin federal district court dismissed, partly on exhaustion and partly on substantive grounds, a complaint by a Native American inmate seeking sweat lodge ceremonies on a weekly basis, a Ghost Feast meal that includes wild game, and the right to wear multicolor headbands. a ribbon shirt, bear-claw jewelry and a personal pipe.

In Lindsey v. Bradley, 2014 U.S. Dist. LEXIS 78856 (SD IL, June 9, 2014), an Illinois federal district court permitted a Rastafarian inmate to proceed with his complaint that his dreadlocks were forcibly cut.

In Davis v. Hubler, 2014 U.S. Dist. LEXIS 78835 (ED NC, June 10, 2014), a North Carolina federal district court dismissed a complaint by a Nation of Islam inmate that he was not permitted to receive the weekly publication Final Call.

In Glenn v. Wilson, 2014 U.S. Dist. LEXIS 79303 (ND IN, June 10, 2014), an Indiana federal district court dismissed a complaint by an Eastern Orthodox inmate that he was unable to attend Eastern Orthodox religious services first when he was placed in administrative segregation and then when he was transferred to a prison without Orthodox services.

Recent Prisoner Free Exercise Cases

In Hailes v. Collier, 2014 U.S. Dist. LEXIS 76127 (SD OH, June 3, 2014), an Ohio federal magistrate judge recommended dismissing a complaint by Seventh Day Adventist inmate that he was retaliated against for not reporting for snow removal duty on his Sabbath.

In Watts v. Allen, 2014 U.S. Dist. LEXIS 76402 (MD GA, June 5, 2014), a Georgia federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 76763, May 14, 2014) and dismissed an inmate's complaint that he is being denied a vegan diet.

In Parkell v. Morgan, 2014 U.S. Dist. LEXIS 76989 (D DE, June 6, 2014), a Delaware federal district court dismissed an inmate's complaint that he was denied a kosher diet.

In Mead v. Palmer, 2014 U.S. Dist. LEXIS 77011 (ND IA, June 6, 2014), an Iowa federal district court dismissed a complaint by plaintiff, an involuntarily committed patient at a civil commitment sexual offender unit, that he was not provided a Pentecostal minister to meet with.

In Williams v. Emmons, 2014 U.S. Dist. LEXIS 76528 (MD GA, June 5, 2014), a Georgia federal district court, rejecting in part a magistrate's recommendation (2014 U.S. Dist. LEXIS 77342, May 8, 2014), refused to permit a Muslim inmate to proceed with his claim for compensatory damages despite his weight loss and headaches stemming from the failure to provide him with vegan meals. The court concluded that plaintiff had not alleged more than de minimis physical injury as required by the Prison Litigation Reform Act. However the court permitted plaintiff to proceed with his claim for nominal damages.

Recent Prisoner Free Exercise Cases

In Funtanilla v. Williams, 2014 U.S. Dist. LEXIS 71354 (ED CA, May 22, 2014), a California federal magistrate judge allowed a Seventh Day Adventist inmate housed at a substance abuse treatment center to move forward against most of the defendants with his complaint that he was not permitted to place a copy of the Ten Commandments above his door, get his meals for the Sabbath ahead of time or delivered, and attend worship services.

In Rivera v. Michigan Department of Corrections, 2014 U.S. Dist. LEXIS 72325 (WD MI, May 28, 2014), a Michigan federal district court permitted Moorish Science inmate to proceed against certain of the defendants for an injunction to require recognition of  Moorish Science Temple of America-1928 as a separate religious group from Moorish Science Temple of America, Inc., (1934 Portion).

In Smart v. Aramark Inc., 2014 U.S. Dist. LEXIS 73106 (D NJ, May 29, 2014), a New Jersey federal district court dismissed an inmate’s complaint that prison rules requiring inmates who work in the kitchen to shave their facial hair discriminates against Muslim, Jewish and Christian inmates who wear beards for religious reasons.

In Free v. Ellis, 2014 U.S. Dist. LEXIS 73118 (D NJ, May 29, 2014), a New Jersey federal district court dismissed without prejudice an inmate’s claim that he was not allowed to attend religious services for a 15-month period.

Recent Prisoner Free Exercise Cases

In  Sutton v. City of Philadelphia, 2014 U.S. Dist. LEXIS 70242 (ED PA, May 21, 2014). a Pennsylvania federal district court, while dismissing a Muslim inmate's complaint that he was sometimes not served his vegetarian meals, allowed him to move to trial on his claim that the food service company maintained a discriminatory religious alternative meal system that provided kosher meals that sometimes included meat, but only vegetarian halal meals.

In Covington v. Mountries, 2014 U.S. Dist. LEXIS 69204 (SD NY, May 20, 2014), a New York federal district court concluded that a Muslim inmate had adequately pled that a lock down which prevented him from attending weekly Jumu'ah services substantially burdened his religious exercise, but failed to allege defendant's involvement. The court gave plaintiff 45 days to amend his complaint.

In Gilmore v. Augustus, 2014 U.S. Dist. LEXIS 69296 (ED CA, May 19, 2014), a California federal magistrate judge refused to allow a Muslim inmate to amend his complaint to allege that he was unable to fully enjoy his religious worship because of pain and suffering from excessive force used against him by a correctional officer.

In Shehee v. Anlin, 2014 U.S. Dist. LEXIS 69290 (ED CA, May 19, 2014), a California federal magistrate judge dismissed with leave to amend a civil detainee's complaint that while he was granted a religious vegan diet, often servers ran out of food that met his dietary requirements.

In Price v. White, 2014 U.S. Dist. LEXIS 70133 (WD KY, May 21, 2014), a Kentucky federal district court dismissed on qualified immunity and mootness grounds a challenge by a Jewish inmate to grooming standards that required him to cut his hair.

In Leishman v. Patterson, 2014 U.S. Dist. LEXIS 69909 (D UT, May 20, 2014), a Utah federal district court dismissed damage claims by an inmate who was an adherent of Asatru who was not permitted to possess rune tiles made of wood or conduct Blot ceremonies.

In Harris v. Sawyer, 2014 U.S. Dist. LEXIS 70349 (D AZ, May 22, 2014), and Arizona federal district court dismissed with leave to amend an inmate's claim that on two occasions he was not allowed to attend religious services.

In Pressley v. Pennsylvania Department of Corrections, 2014 Pa. Commw. Unpub. LEXIS 308 (PA Commnw. Ct., May 23, 2014), a 3-judge panel of the Pennsylvania Commonwealth court dismissed 1st Amendment but not RLUIPA claims by a Muslim inmate who had requested a kosher diet because prison authorities were not cleaning cookware and serving utensils properly before using them for preparing halal meals.

In Williams v. Madrid, 2014 U.S. Dist. LEXIS 55826 (ED CA, April 21, 2014), a California federal magistrate judge dismissed without prejudice a complaint by an uncommitted civil detainee being held as a sexually violent predator that the Establishment Clause was violated when he was required to participate in the Better Lives Treatment Program.

Recent Prisoner Free Exercise Cases

In Malipurathu v. Johnson, 2014 U.S. Dist. LEXIS 64891 (ND OK, May 12, 2014), an Oklahoma federal district court permitted a Sikh inmate to proceed with his complaint that he was denied a Halal diet unless he changed his religious choice to Islam, and that he was not consistently being served halal meals that met his religious requirements even though he was put on a halal diet.

In Rodriguez v. Hubbard, 2014 U.S. Dist. LEXIS 65165 (ED CA, May 9, 2014), a California federal magistrate judge recommended allowing a Native American inmate who was recognized as a sacred "pipe holder" to move ahead with his 1st, 8th and 14th Amendment claims growing out of the confiscation of religious items, an attack on him by other Native American inmates for not safeguarding the sacred pipe, and other infringements on his religious practices.

In Patterson v. Cate, 2014 U.S. Dist. LEXIS 65182 (ED CA, May 8, 2014), a California federal magistrate judge dismissed with leave to amend a Mulim inmate's complaint that he was not receiving three Halal meal per day.

In Maier v. Pall, 2014 U.S. Dist. LEXIS 65270 (MD PA, May 13, 2014), a Pennsylvania federal district court dismissed the complaint of an Odinist inmate who was refused an exemption from the grooming policy as to hair and beard length, and was not allowed to possess runestones and a Thor's hammer or observe holy days outside.

In Aron v. Green, 2014 U.S. Dist. LEXIS 65287 (ND TX, May 12, 2014), a Texas federal district court dismissed a Muslim inmate's complaint that a corrections officer told him that he should not be a Muslim, and that destruction of his personal property and other harassment was retaliation because of his religion.

In Hayes v. Boone, 2014 U.S. Dist. LEXIS 66420 (ED VA, May 14, 2014), a Virginia federal district court dismissed an inmate's complaint that his Common Fare religious diet was suspended temporarily when the prison experienced an influx of inmates from elsewhere evacuated because of Hurricane Irene.

Recent Prisoner Free Exercise Cases

In DePaola v. Virginia Department of Corrections, 2014 U.S. Dist. LEXIS 61165 (WD VA, May 2, 2014), a Virginia federal district court dismissed a claim by a Nation of Islam inmate that subjecting him to a TB screening test violates his RLUIPA rights, and remanded to a magistrate plaintiff's claim that he was denied a diet that complies with his religious beliefs.

In Brames v. Hodge, 2014 U.S. Dist. LEXIS 61591 (SD IL, May 5, 2014), an Illinois federal district court allowed a Hebrew Israelite inmate to proceed with his complaint that the prison chaplain refused to allow him to attend Jewish services and celebrations and be placed on a kosher diet, that the prison physician refused to certify him for a no-bean kosher diet, and that various defendants ignored his grievances on these matters.

In Davis v. Doe, 2014 U.S. Dist. LEXIS 63437 (MD NC, May 8, 2014), a North Carolina federal magistrate judge recommended dismissal of an inmate's claim that his free exercise rights were infringed by a policy, of which he had not been informed, that prohibited him from using the rest room during a religious service.

In Ajala v. West, 2014 U.S. Dist. LEXIS 63544 (WD WI, May 8, 2014), a Wisconsin federal district court permitted a Muslim inmate to proceed with complaints that he was denied a halal diet, but dismissed for failure to exhaust administrative remedies a claim that he was required to sign a statement that a vegan/vegetarian diet satisfied his religious needs.

In Watkins v. Fox, 2014 U.S. Dist. LEXIS 64294 (ND FL, May 9, 2014), a Florida federal district court adopted a magistrate's recommendations and dismissed for failure to exhaust administrative remedies an inmate's complaint that he was denied the use of prayer oils. The court also dismissed a prison chaplain as a defendant.

Recent Prisoner Free Exercise Cases

In Todd v. Holt, 2014 U.S. Dist. LEXIS 57961 (MD PA, April 25, 2014), a Pennsylvania federal district court allowed an inmate to proceed with his complaint that he was denied religious certified meals for 14 days while the prison was in lockdown status.

In Sharonoff v. Nash, 2014 U.S. Dist. LEXIS 58114 (ED CA, April 25, 2014), a California federal magistrate judge dismissed, with leave to amend, an inmate's claim that his free exercise and equal protection rights were in fringed when authorities confiscated his mail package containing a copy of the publication "Cosmic Hidden" which contains messages from the edge of eternity.

In Allah v. Virginia, 2014 U.S. Dist. LEXIS 58529 (WD VA, April 28, 2014), a Virginia federal district court rejected an inmate's claim that his rights under RLUIPA were violated when authorities refused to recognize Nation of Gods and Earths as a religion or to allow NGE to meet communally, barred his wearing NGE clothing or having NGE publications, and allegedly did not accommodate his religious diet.

In Poslof v. CDCR, 2014 U.S. Dist. LEXIS 60776 (ED CA, April 30, 2014), a California federal magistrate judge held that an inmate's complaint regarding lack of a proper kosher diet would be dismissed unless an amended complaint is filed curing pleading defects.

In McBryde v. Thomas, 2014 U.S. Dist. LEXIS 59476 (D MT, April 29, 2014, a Montana federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 60657, April 7, 2014) and dismissed an inmate's claim that his parole was conditioned on his completion of a drug treatment program containing religious elements.

Court Invalidates Limits On Muslim Worship In Texas Prisons

A Texas federal district court has handed down a decision giving a major victory to Muslim inmates in Texas seeking more access to religious worship services. In Brown v. Livingston, (SD TX, April 30, 2014), the court held that

(a) [Texas Department of Criminal Justice] current Administrative Directive 7.30 ... which embodies TDCJ’s policy that inmates may not gather in groups of more than four for religious services unless a TDCJ staff member or outside volunteer is available to provide “direct supervision,” is an ongoing violation of the Muslim inmates’ federal rights under the Religious Land Use and Institutionalized Persons Act ... and the First Amendment; (b) the “Scott Plan,” which is TDCJ’s policy of providing TDCJ staff to supervise only one hour of religious services per week for each faith group unless an outside volunteer is present to provide direct supervision, is an ongoing violation of the Muslim inmates’ federal rights under RLUIPA and the First Amendment....

The court enjoined the prison system from applying Administrative Directive 7.30 or the Scott Plan to Muslim and Jehovah’s Witness inmates.

Inmate With Multiple Wives Can Move Ahead With RLUIPA Challenge To Conjugal Visit Rule

While prisoner lawsuits challenging limits on conjugal visits are not particularly unusual, the challenge involved in Thomas v. Corbett, (PA Commonwealth Ct., April 29, 2014) presents unusual facts.  As described by the court:

Thomas raises several claims in the Complaint relating to DOC’s conjugal visit policy, which precludes conjugal visits for all inmates. Thomas avers that his religion requires him to marry and, in fact, to have multiple wives.  Thomas avers that DOC’s policy concerning visits from spouses precludes him from enjoying conjugal visits with his wives. Thomas avers that this policy has a detrimental effect on the status of his marriages, because his wives are threatening to divorce him under Islamic religious rules if they are unable to have intercourse with him.

In the case, the 3-judge Pennsylvania Commonwealth Court  panel refused to dismiss plaintiff's  RLUIPA challenge to the conjugal visit ban at this early stage of the proceedings.  It is not enough for the government to merely allege that it has a compelling interest. The court also allowed plaintiff to move forward with a portion of his challenge to the prison's ban on prayer oil. PennLive reports on the decision.

Recent Prisoner Free Exercise Cases

In Native American Council of Tribes v. Weber, (8th Cir., April 25, 2014), the 8th Circuit affirmed a district court’s conclusion that South Dakota correctional officials violated RLUIPA by banning Native American inmates’ use of tobacco for religious purposes. Defendants failed to showthat the tobacco ban is the least restrictive means of furthering their compelling government interest.

In Hoeck v. Timme, 2014 U.S. Dist. LEXIS 55059 (D CO, April 21, 2014), a Colorado federal district court found no merit in an inmate's challenge to his conviction in a habeas proceeding complaining that his court appointed counsel would only meet with him between Friday sunset and Saturday sunset, the Sabbath for petitioner.

In Merrick v. Ryan, 2014 U.S. Dist. LEXIS 55738 ( AZ, April 17, 2014), an Arizona federal district court remanded to state court a suit in which an inmate, under his complaint as amended, claimed that the denial of religious materials violated Arizona's Free Exercise of Religion Act.  In his amended complaint he removed all references to federal law.

In Gunderson v. Pharis, 2014 U.S. Dist. LEXIS 55431 (ND IL, April 22, 2014), an Illinois federal district court dismissed on the basis of Younger abstention claims of plaintiff, a Hindu, that he was denied conjugal visits and was given inadequate time for yoga, all of which burdened his religious practices.  Plaintiff is being held at a mental health facility under an ongoing treatment plan after being found not guilty by reason of insanity. The court also dismissed on the merits plaintiffs complaint that he did not have access to an appropriate Hindu spiritual leader.

In Dodds v. Quintero, 2014 U.S. Dist. LEXIS 56487 (D CO, April 23, 2014), a Colorado federal district court dismissed discrimination and free exercise claims by an African-American inmate who practices Judaism against a sheriff's deputy who allegedly greeted plaintiff with the words "Asalam Walakim" while plaintiff was waiting for his kosher breakfast.

In Pouncil v. Tilton, 2014 U.S. Dist. LEXIS 56786 (ED CA, April 22, 2014), a California federal district court permitted a Muslim inmate to move forward with his claim that his rights under RLUIPA were violated by a rule that barred inmates serving a sentence of life without possibility of parole from having conjugal visits.

In George v. County of Westchester, 2014 U.S. Dist. LEXIS 57185 (SD NY, April 10, 2014), a New York federal district court permitted a Jewish inmate to move ahead with  his complaint of denial of Jewish congregate religious services and inadequate hot water and microwave oven for preparation of his kosher food.

In Payne v. Duncan, 2014 U.S. Dist. LEXIS 57335 (MD PA, April 23, 2014), a Pennsylvania federal district court dismissed a Muslim inmate's complaint that his free exercise rights were infringed when his books were confiscated and discarded, preventing him from studying his religion.

In JCG v. Ercole, 2014 U.S. Dist. LEXIS 57417 (SD NY, April 24, 2014), a New York federal magistrate judge recommended that a Messianic Jewish inmate be permitted to move forward with his complaint that the prison's Jewish chaplain refused to approve kosher meals for him or his attendance at Jewish religious services and Jewish holiday celebrations.

Recent Prisoner Free Exercise Cases

In Robledo v. Livingston, (5th Cir., April 14, 2014), the 5th Circuit allowed an inmate to proceed in forma pauperis and vacated the district court’s conclusion that his claims under RLUIPA and the Texas RFRA statute were frivolous. The court held plaintiff's claim that for months he was not allowed to participate in weekly Christian worship services "is not based upon an indisputably meritless legal theory, and his factual contentions are not clearly baseless."

In Layman v. Chacon, 2014 U.S. Dist. LEXIS 50804 (ND TX, April 11, 2014), a Texas federal district court dismissed an inmate's complaint that some of his religious materials were confiscated when they were improperly stored.

In Miles v. Guice, 2014 U.S. Dist. LEXIS 51507 (ED NC, April 10, 2014), a North Carolina federal district court allowed an inmate to move ahead, but denied a temporary restraining order, in plaintiff's suit seeking recognition of Nations of Gods and Earth as a religion and accommodation of his religious diet and other practices.

In Rossi v. Fischer, 2014 U.S. Dist. LEXIS 52068 (SD NY, April 15, 2014), a New York federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 52146, March 31, 2014) and refused to grant a Rastafarian inmate a preliminary injunction to allow a group Rastafarian celebration on April 21 after prison authorities agreed to excuse plaintiff from work that day and serve him a vegetarian meal.

In Johnson v. Hicks, 2014 U.S. Dist. LEXIS 54239 (ED CA, April 17, 2014), a California federal magistrate judge held that an inmate's complaint that his religious materials were confiscated should be dismissed, with leave to amend, since he had not alleged any facts indicating that this substantially burdened his religious exercise.

In Villalobos v. Bosenko, 2014 U.S. Dist. LEXIS 54280 (ED CA, April 16, 2014), a California federal magistrate judge dismissed, but with leave to file an amended complaint, a Buddhist inmate's claim that he was denied a vegetarian diet.

Recent Prisoner Free Exercise Cases

In Blaine v. California Health Care Facility, 2014 U.S. Dist. LEXIS 33686 (ED CA, March 12, 2014), a California federal magistrate judge dismissed, with leave to amend, an inmate's claim that he has not been allowed to attend church.

In Williams v. Champagne, 2014 U.S. Dist. LEXIS 47753 (ED LA, April 6, 2014), a Louisiana federal district court permitted a Rastafarian inmate who was placed in lock down for refusing to cut his dreadlocks to proceed with his RLUIPA challenge to the prison's hair policy.

In Harris v. Ellis, 2014 U.S. Dist. LEXIS 48604 (ED CA, April 8, 2014), a Muslim inmate challenged a prison's policy to serve him only a symbolic portion of lamb for his Eid-ul-Adah meal. A California federal district court dismissed the claim because the request for injunctive relief is moot and damages are not recoverable under RLUIPA.

In Potts v. Holt, 2014 U.S. Dist. LEXIS 49176 (MD PA, April 8, 2014), a Pennsylvania federal district court dismissed on qualified immunity grounds a Muslim inmate's complaint that the religious diet program was discontinued for 2 weeks during a prison lock down necessitated by the outbreak of food poisoning among inmates who ate in the regular meal program. Plaintiff did not eat the food served him during the lock down for fear he would be removed from the religious diet program for doing so.

In Khadzhimurad v. Sacramento County Sheriff Department, 2014 U.S. Dist. LEXIS 49876 (ED CA, April 9, 2014), a Muslim inmate complained that halal meals had been replaced by vegetarian meals.  A California federal magistrate judge held that while plaintiff may have a 1st Amendment or RLUIPA claim, his pleadings presently do not set out one. The court dismissed the complaint but provided that an amended complaint may be filed.

Humanists Seek Recognition By Federal Prison On Same Terms As Theistic Religions

The American Humanist Association announced yesterday that it has filed a lawsuit against the Federal Bureau of Prisons seeking require an Oregon federal prison to recognize Humanism as an official religious assignment option. The complaint (full text) in American Humanist Association v. United States, (D OR, filed 4/8/2014), claiming Establishment Clause and equal protection violations, seeks, among other relief, a declaratory judgment and injunction so that humanists and atheists may form study groups to meet to discuss their common beliefs on the same terms as theistic religious groups.