In Gutierrez v. Corrections Corporation of America, (5th Cir., April 3, 2014), the U.S. 5th Circuit Court of Appeals dismissed as frivolous a Catholic inmate's complaint that only non-denominational (apparently Protestant-oriented) programming from the Trinity Broadcasting Network is carried in the prison, and the prison does not furnish programming from the Catholic-oriented Eternal Word Broadcasting Network.
In Hughes v. Heimgartner, 2014 U.S. Dist. LEXIS 45867 (D KA, April 3, 2014), a Muslim inmate complained that he was refused halal meals while in segregation. A Kansas federal district court ordered prison officials to investigate the matter, consider whether other similar complaints are related, and file a report with the court on whether action can and should be taken.
In Crews-Bey v. Price, 2014 U.S. Dist. LEXIS 44313 (ND AL, April 1, 2014), an Alabama federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 45394, March 4, 2014) and dismissed for lack of standing an inmate's complaint that prison rules do not allow Moorish Science ordained ministers and Temple heads to perform marriage ceremonies for adherents incarcerated in Alabama prisons.
In Darrough v. Allen, 2014 U.S. Dist. LEXIS 45917 (MD GA, April 3, 2014), a Georgia federal district court refused to allow an inmate to file an amended complaint alleging generally that he is being harassed by the warden because of his religious beliefs.
In Pfeil v. Lampert, 2014 U.S. Dist. LEXIS 46389 (D WY, March 31, 2014), a Wyoming federal district court dismissed a Catholic inmate's complaints that a religious volunteer, on a single occasion, was not permitted entry to provide Catholic services, and that a new policy prohibiting hardbound books in living quarters caused him to lose his religious books.
In Browning v. McDonnell, 2014 U.S. Dist. LEXIS 46578 (WD VA, April 4, 2014), a Virginia federal district court dismissed as frivolous an inmate's claim for $10 million in damages because Art. I, Sec. 16 of the Virginia Constitution that refers to "the duty which we owe to our Creator" and "Christian forbearance" forces him to worship against his conscience and makes Christianity the official state religion.
Showing posts with label Prisoner cases. Show all posts
Showing posts with label Prisoner cases. Show all posts
Tuesday, April 08, 2014
Sunday, April 06, 2014
Recent Prisoner Free Exercise Cases
In Smith v. Governor for the State of Alabama, (11th Cir., April 2, 2014), the U.S. 11th Circuit Court of Appeals dismissed a number of claims by an Odinist inmate, including his complaint that he was denied religious items (rune container, leather folder for study materials, quartz crystal and outdoor fire pit); claims of retaliation; security threat group designation; destruction of his artwork; and his challenge to the prison's faith-based honor dorm.
In McKinley v. Maddox, 2014 U.S. Dist. LEXIS 40889 (WD OK, March 27, 2014), an Oklahoma federal district court adopted in modified form a magistrate's recommendations (2014 U.S. Dist. LEXIS 42243, March 4, 2014), and dismissed without prejudice a former inmate's suit complaining that he was not permitted to attend off-site religious services. The dismissal was a sanction for plaintiff's failure to appear at a scheduled deposition.
In Debardelaben v. McKeon, 2014 U.S. Dist. LEXIS 40526 (WD MI, March 27, 2014), a Michigan federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 41916, March 6, 2014) and dismissed on qualified immunity grounds an inmate's complaint that he was wrongly removed from the kosher diet program for having purchased non-kosher food from the prison store. Plaintiff was permitted to proceed with a retaliation claim.
In Shapiro v. Community First Services, Inc., 2014 U.S. Dist. LEXIS 42459 (ED NY, March 27, 2014), a New York federal district court dismissed an inmate's 1st Amendment Bivens action against a privately-owned halfway house to which he was sentenced for violating probation. Plaintiff claimed he was not given sufficient time to travel to attend Quaker services on Sundays.
In Riehl v. Martin, 2014 U.S. Dist. LEXIS 42870 (ND NY, March 31, 2014), a New York federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 186610, Dec. 19, 2013) and permitted a Jewish inmate to proceed with his 1st Amendment (but not his RLUIPA) damage claim alleging that some of the food served to him during Passover 2012 was not kosher for Passover.
In Heard v. Finco, 2014 U.S. Dist. LEXIS 43048 (WD MI, March 31, 2014), a Michigan federal district court permitted Muslim inmates to proceed with their claims alleging that they received inadequate amounts of food in their Ramadan meals in violation of the 1st Amendment and RLUIPA. Their 8th Amendment claims were dismissed. The magistrate's recommendations in the case are at 2014 U.S. Dist. LEXIS 45458, Feb. 25, 2014.
In Hampton v. Wetzel, 2014 U.S. Dist. LEXIS 43207 (MD PA, March 31, 2014), a Pennsylvania federal district court permitted a Muslim inmate to proceed against certain defendants on his complaint that authorities refused to provide him with a medically prescribed therapeutic diet tray at times to permit observance of the Ramadan fast.
In Ind v. Colorado Department of Corrections, 2014 U.S. Dist. LEXIS 43461 (D CO, March 31, 2014), a Colorado federal district court held that the free exercise rights under RLUIPA of an inmate of the Christian Separatist faith were violated by limiting him to possessing two books while in administrative segregation.
In Davis v. Abercrombie, 2014 U.S. Dist. LEXIS 43966 (D HI, March 31, 2014), an Hawaiian federal district court, in an opinion that extensively discusses Native Hawaiian religious rituals, permitted Hawaiian inmates housed in private prison facilities in Arizona to move ahead with their complaints regarding denial of daily outdoor group worship and possession of certain sacred items. Claims regarding a number of other infringements of religious practices were dismissed.
In Seymore v. City of New York, 2014 U.S. Dist. LEXIS 44951 (SD NY, March 26, 2014), a New York federal district court adopted a magistrate's recommendation and dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint that during Ramadan 2012 religious services were cancelled or curtailed.
In McKinley v. Maddox, 2014 U.S. Dist. LEXIS 40889 (WD OK, March 27, 2014), an Oklahoma federal district court adopted in modified form a magistrate's recommendations (2014 U.S. Dist. LEXIS 42243, March 4, 2014), and dismissed without prejudice a former inmate's suit complaining that he was not permitted to attend off-site religious services. The dismissal was a sanction for plaintiff's failure to appear at a scheduled deposition.
In Debardelaben v. McKeon, 2014 U.S. Dist. LEXIS 40526 (WD MI, March 27, 2014), a Michigan federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 41916, March 6, 2014) and dismissed on qualified immunity grounds an inmate's complaint that he was wrongly removed from the kosher diet program for having purchased non-kosher food from the prison store. Plaintiff was permitted to proceed with a retaliation claim.
In Shapiro v. Community First Services, Inc., 2014 U.S. Dist. LEXIS 42459 (ED NY, March 27, 2014), a New York federal district court dismissed an inmate's 1st Amendment Bivens action against a privately-owned halfway house to which he was sentenced for violating probation. Plaintiff claimed he was not given sufficient time to travel to attend Quaker services on Sundays.
In Riehl v. Martin, 2014 U.S. Dist. LEXIS 42870 (ND NY, March 31, 2014), a New York federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 186610, Dec. 19, 2013) and permitted a Jewish inmate to proceed with his 1st Amendment (but not his RLUIPA) damage claim alleging that some of the food served to him during Passover 2012 was not kosher for Passover.
In Heard v. Finco, 2014 U.S. Dist. LEXIS 43048 (WD MI, March 31, 2014), a Michigan federal district court permitted Muslim inmates to proceed with their claims alleging that they received inadequate amounts of food in their Ramadan meals in violation of the 1st Amendment and RLUIPA. Their 8th Amendment claims were dismissed. The magistrate's recommendations in the case are at 2014 U.S. Dist. LEXIS 45458, Feb. 25, 2014.
In Hampton v. Wetzel, 2014 U.S. Dist. LEXIS 43207 (MD PA, March 31, 2014), a Pennsylvania federal district court permitted a Muslim inmate to proceed against certain defendants on his complaint that authorities refused to provide him with a medically prescribed therapeutic diet tray at times to permit observance of the Ramadan fast.
In Ind v. Colorado Department of Corrections, 2014 U.S. Dist. LEXIS 43461 (D CO, March 31, 2014), a Colorado federal district court held that the free exercise rights under RLUIPA of an inmate of the Christian Separatist faith were violated by limiting him to possessing two books while in administrative segregation.
In Davis v. Abercrombie, 2014 U.S. Dist. LEXIS 43966 (D HI, March 31, 2014), an Hawaiian federal district court, in an opinion that extensively discusses Native Hawaiian religious rituals, permitted Hawaiian inmates housed in private prison facilities in Arizona to move ahead with their complaints regarding denial of daily outdoor group worship and possession of certain sacred items. Claims regarding a number of other infringements of religious practices were dismissed.
In Seymore v. City of New York, 2014 U.S. Dist. LEXIS 44951 (SD NY, March 26, 2014), a New York federal district court adopted a magistrate's recommendation and dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint that during Ramadan 2012 religious services were cancelled or curtailed.
Sunday, March 30, 2014
Recent Prisoner Free Exercise Cases
In Jackson v. Nixon, (8th Cir., March 28, 2014), the U.S. 8th Circuit Court of Appeals in a 2-1 decision reversing the district court held that an atheist inmate adequately pled that requiring him to complete a substance abuse program with religious content to be eligible for early parole violates the Establishment Clause. Judge Smith dissented arguing that the inmate suffered no punishment when he withdrew from the substance abuse program and other avenues for early parole were available.
In Vega v. Rell, 2014 U.S. Dist. LEXIS 38199 (D CT, March 24, 2014), a Connecticut federal district court dismissed a Muslim inmate's complaints that the prison commissary falsely labeled Jolly Rancher candies as Halal; that cheese on the Common Fare menu was not halal; that prison prayer rugs were dirty; and that he was not allowed to purchase a digital Qur'an or Islamic educational CDs.
In White v. Dooley, 2014 U.S. Dist. LEXIS 38859 (D SD, March 25, 2014), a South Dakota federal district court dismissed an inmate's complaint that he was denied access to certain religious items, hardcover religious books and religious study classes.
In Van Buren v. Coy, 2014 U.S. Dist. LEXIS 39756 (WD KY, March 26, 2014), a Kentucky federal district court dismissed an inmate's complaint that he was denied religious services by being placed in segregation.
In Davis v. Michigan Department of Corrections, 2014 U.S. Dist. LEXIS 38763 (WD MI, March 25, 2014), a Muslim inmate alleged that he suffered food poisoning after eating items from his Ramadan food bag that were left unrefrigerated for many hours, and subsequently he only ate items from his food bag that did not require refrigeration. A Michigan federal district court held that this did not amount to a free exercise violation because, while he may have preferred more or different food, he did not show that this imposed a substantial burden on his free exercise.
In Maloney v. Ryan, 2014 U.S. Dist. LEXIS 39360 (D AZ, March 25, 2014), an Arizona federal district court dismissed a Muslim inmate's claim for damages under the free exercise clause finding that defendants had qualified immunity. No legal authority put them on notice that providing Ramadan breakfast before sunrise, rather than before dawn, violated inmates' constitutional rights. As to injunctive relief, the court gave defendants 30 days to show that their subsequent change in the breakfast policy is permanent.
In Bey v. Virginia, 2014 U.S. Dist. LEXIS 39636 (ED VA, March 20, 2014), a Virginia federal district court dismissed a complaint by a Moorish American Moslem inmate that he was denied a vegetarian diet, and that in court proceedings, the judge told him to remove his "religious national headdress," did not use his "free national name," and called him "black"instead of Moor.
In Plummer v. Riley, 2014 U.S. Dist. LEXIS 40654 (D SC, March 26, 2014), a South Carolina federal district court adopted most of a magistrate's recommendations (2014 U.S. Dist. LEXIS 42250, Feb. 26, 2014), and permitted a Rastafarian inmate to proceed with his complaint that he must sign up to attend religious services, cannot attend Rastafarian study groups and was suspended from chapel by the chaplain in retaliation for filing a grievance against him for his not allowing Rastafarians to celebrate Kwanza.
In Ballard v. Johns, 2014 U.S. Dist. LEXIS 41069 (ED NC, March 27, 2014), a North Carolina federal district court dismissed a complaint by a Catholic civil detainee held as a sexually dangerous person that he was denied religious services while in administrative segregation.
In Dunn v. Kentucky Department of Corrections, 2014 U.S. Dist. LEXIS 41640 (WD KY, March 28, 2014), a Kentucky federal district court dismissed a complaint by an Odinist (Astaru) inmate (1) that he is only allowed to buy the Thor's Hammer medallion that is available from the approved vendor, and it is of poor quality and features Celtic artwork; and (2) he is not permitted to own a set of personal rune stones.
In Vega v. Rell, 2014 U.S. Dist. LEXIS 38199 (D CT, March 24, 2014), a Connecticut federal district court dismissed a Muslim inmate's complaints that the prison commissary falsely labeled Jolly Rancher candies as Halal; that cheese on the Common Fare menu was not halal; that prison prayer rugs were dirty; and that he was not allowed to purchase a digital Qur'an or Islamic educational CDs.
In White v. Dooley, 2014 U.S. Dist. LEXIS 38859 (D SD, March 25, 2014), a South Dakota federal district court dismissed an inmate's complaint that he was denied access to certain religious items, hardcover religious books and religious study classes.
In Van Buren v. Coy, 2014 U.S. Dist. LEXIS 39756 (WD KY, March 26, 2014), a Kentucky federal district court dismissed an inmate's complaint that he was denied religious services by being placed in segregation.
In Davis v. Michigan Department of Corrections, 2014 U.S. Dist. LEXIS 38763 (WD MI, March 25, 2014), a Muslim inmate alleged that he suffered food poisoning after eating items from his Ramadan food bag that were left unrefrigerated for many hours, and subsequently he only ate items from his food bag that did not require refrigeration. A Michigan federal district court held that this did not amount to a free exercise violation because, while he may have preferred more or different food, he did not show that this imposed a substantial burden on his free exercise.
In Maloney v. Ryan, 2014 U.S. Dist. LEXIS 39360 (D AZ, March 25, 2014), an Arizona federal district court dismissed a Muslim inmate's claim for damages under the free exercise clause finding that defendants had qualified immunity. No legal authority put them on notice that providing Ramadan breakfast before sunrise, rather than before dawn, violated inmates' constitutional rights. As to injunctive relief, the court gave defendants 30 days to show that their subsequent change in the breakfast policy is permanent.
In Bey v. Virginia, 2014 U.S. Dist. LEXIS 39636 (ED VA, March 20, 2014), a Virginia federal district court dismissed a complaint by a Moorish American Moslem inmate that he was denied a vegetarian diet, and that in court proceedings, the judge told him to remove his "religious national headdress," did not use his "free national name," and called him "black"instead of Moor.
In Plummer v. Riley, 2014 U.S. Dist. LEXIS 40654 (D SC, March 26, 2014), a South Carolina federal district court adopted most of a magistrate's recommendations (2014 U.S. Dist. LEXIS 42250, Feb. 26, 2014), and permitted a Rastafarian inmate to proceed with his complaint that he must sign up to attend religious services, cannot attend Rastafarian study groups and was suspended from chapel by the chaplain in retaliation for filing a grievance against him for his not allowing Rastafarians to celebrate Kwanza.
In Ballard v. Johns, 2014 U.S. Dist. LEXIS 41069 (ED NC, March 27, 2014), a North Carolina federal district court dismissed a complaint by a Catholic civil detainee held as a sexually dangerous person that he was denied religious services while in administrative segregation.
In Dunn v. Kentucky Department of Corrections, 2014 U.S. Dist. LEXIS 41640 (WD KY, March 28, 2014), a Kentucky federal district court dismissed a complaint by an Odinist (Astaru) inmate (1) that he is only allowed to buy the Thor's Hammer medallion that is available from the approved vendor, and it is of poor quality and features Celtic artwork; and (2) he is not permitted to own a set of personal rune stones.
Sunday, March 23, 2014
Recent Prisoner Free Exercise Cases
In Tennyson v. Carpenter, (10th Cir., March 18, 2014), the 10th Circuit held that a federal district court wrongly dismissed as frivolous a Christian inmate's RLUIPA, 1st Amendment and retaliation claims growing out his suspension from the prison's "Praise Team" choir after choir music binders he kept in his cell were confiscated, and he filed a grievance over the incident.
In Oliver v. Harner, 2014 U.S. Dist. LEXIS 34137 (SD IL, March 17, 2014), an Illinois federal district court permitted an African-American inmate to proceed with his free exercise and equal protection complaints that the Caucasian chaplain and Caucasian warden denied him a kosher diet that conforms to African Hebrew Israelite beliefs. However the court denied a temporary restraining order and dismissed without prejudice plaintiff's conspiracy claims.
In Halloum v. Ryan, 2014 U.S. Dist. LEXIS 35077 (D AZ, March 18, 2014), an Arizona federal district court permitted a Muslim inmate to proceed with his complaint that his free exercise rights were infringed when he was denied a religious shaving waiver. A number of other claims were dismissed, including complaints that the chaplain rejected donated copies of the Qur'an and Muslim inmates were denied communal prayer on two mornings during Ramadan.
In Browning v. Seifert, 2014 U.S. Dist. LEXIS 35232 (ND WV, March 18, 2014), a West Virginia federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 35237, Jan. 28, 2014) and allowed an Orthodox Jewish inmate to proceed against most of the defendants on his complaint that he was denied him a kosher diet, the ability to wear religious apparel, and the right to worship weekly and on special holidays.
In Irby v. Cain, 2014 U.S. Dist. LEXIS 35419 (MD LA, March 17, 2014), a Louisiana federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 35123, Feb. 19. 2014) and dismissed an inmate's claim that he was retaliated against for refusing to attend a religious call-out at prison. The court concluded that the action taken against the inmate was merely de minimis adverse action.
In Roberts v. Schofield, 2014 U.S. Dist. LEXIS 35222 (MD TN, March 18, 2014), a Tennessee federal magistrate judge refused to grant preliminary injunction to stop the implementation of a vegan-type Kosher diet in Tennessee prisons.
In Bush v. Donovan, 2014 U.S. Dist. LEXIS 35325 (SD CA, March 17, 2014), a California federal district court dismissed a Muslim inmate's complaint that, among other things, he was denied a Qur'an and hindered in the practice of his Muslim faith.
In Long v. Stanislaus County Superior Court, 2014 U.S. Dist. LEXIS 35407 (ED CA, March 17, 2014), a California federal magistrate judge, relying on 11th Amendment immunity, dismissed (with leave to amend) an inmate's claim against a state court for forcing him to violate his religious objections to participating in psychology. The state court had ordered him to be evaluated by psychologists, given medication and placed in a mental hospital.
In Oliver v. Harner, 2014 U.S. Dist. LEXIS 34137 (SD IL, March 17, 2014), an Illinois federal district court permitted an African-American inmate to proceed with his free exercise and equal protection complaints that the Caucasian chaplain and Caucasian warden denied him a kosher diet that conforms to African Hebrew Israelite beliefs. However the court denied a temporary restraining order and dismissed without prejudice plaintiff's conspiracy claims.
In Halloum v. Ryan, 2014 U.S. Dist. LEXIS 35077 (D AZ, March 18, 2014), an Arizona federal district court permitted a Muslim inmate to proceed with his complaint that his free exercise rights were infringed when he was denied a religious shaving waiver. A number of other claims were dismissed, including complaints that the chaplain rejected donated copies of the Qur'an and Muslim inmates were denied communal prayer on two mornings during Ramadan.
In Browning v. Seifert, 2014 U.S. Dist. LEXIS 35232 (ND WV, March 18, 2014), a West Virginia federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 35237, Jan. 28, 2014) and allowed an Orthodox Jewish inmate to proceed against most of the defendants on his complaint that he was denied him a kosher diet, the ability to wear religious apparel, and the right to worship weekly and on special holidays.
In Irby v. Cain, 2014 U.S. Dist. LEXIS 35419 (MD LA, March 17, 2014), a Louisiana federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 35123, Feb. 19. 2014) and dismissed an inmate's claim that he was retaliated against for refusing to attend a religious call-out at prison. The court concluded that the action taken against the inmate was merely de minimis adverse action.
In Roberts v. Schofield, 2014 U.S. Dist. LEXIS 35222 (MD TN, March 18, 2014), a Tennessee federal magistrate judge refused to grant preliminary injunction to stop the implementation of a vegan-type Kosher diet in Tennessee prisons.
In Bush v. Donovan, 2014 U.S. Dist. LEXIS 35325 (SD CA, March 17, 2014), a California federal district court dismissed a Muslim inmate's complaint that, among other things, he was denied a Qur'an and hindered in the practice of his Muslim faith.
In Long v. Stanislaus County Superior Court, 2014 U.S. Dist. LEXIS 35407 (ED CA, March 17, 2014), a California federal magistrate judge, relying on 11th Amendment immunity, dismissed (with leave to amend) an inmate's claim against a state court for forcing him to violate his religious objections to participating in psychology. The state court had ordered him to be evaluated by psychologists, given medication and placed in a mental hospital.
Wednesday, March 19, 2014
Recent Prisoner Free Exercise Cases
In Kyles v. Chartier, 2014 U.S. Dist. LEXIS 32623 (D SC, March 13, 2014), a South Carolina federal district court upheld prison authorities' decision to permit an inmate to keep only 5 of his 19 books which he claimed he needed for a religious correspondence course.
In Gadsden v. Carpenter, 2014 U.S. Dist. LEXIS 32660 (D NV, March 13, 2014), a Nevada federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 32662, Jan. 29, 2014) and dismissed plaintiffs' claim that the flattening of religious grounds used by pagan inmates violated their free exercise rights. The court also rejected claims that officials retaliated against plaintiffs for filing grievances regarding the destruction of the pagan grounds.
In Pagan v. Westchester County, 2014 U.S. Dist. LEXIS 33408 (SD NY, March 12, 2014), a New York federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 33066, Feb. 3, 2014), and, while dismissing a number of claims, permitted inmates to move forward on (1) a complaint by Catholic inmates that they were no longer allowed to attend mass after they switched their religious designations in order to get kosher food merely because other food was undercooked and insufficient in amount; and (2) complaints by Muslim inmates that halal meals were undercooked and served on moldy trays, and the only alternative offered was a bologna sandwich that is in violation of religious dietary rules.
In Pino v. Ladd, 2014 U.S. Dist. LEXIS 33858 (ED CA, March 14, 2014), a California federal magistrate judge dismissed, with leave to amend, a Native American inmate's complaint that during a search of the Native American sweat lodge, authorities destroyed the fire pit, sacred mound, prayer ties and "nests of baby migratory birds."
In Cooper v. New Hampshire State Prison, 2014 U.S. Dist. LEXIS 33875 (D NH, March 13, 2014), a New Hampshire federal district court dismissed a Muslim inmate's complaint that on two occasions he was served meals that contained pork.
In Gadsden v. Carpenter, 2014 U.S. Dist. LEXIS 32660 (D NV, March 13, 2014), a Nevada federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 32662, Jan. 29, 2014) and dismissed plaintiffs' claim that the flattening of religious grounds used by pagan inmates violated their free exercise rights. The court also rejected claims that officials retaliated against plaintiffs for filing grievances regarding the destruction of the pagan grounds.
In Pagan v. Westchester County, 2014 U.S. Dist. LEXIS 33408 (SD NY, March 12, 2014), a New York federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 33066, Feb. 3, 2014), and, while dismissing a number of claims, permitted inmates to move forward on (1) a complaint by Catholic inmates that they were no longer allowed to attend mass after they switched their religious designations in order to get kosher food merely because other food was undercooked and insufficient in amount; and (2) complaints by Muslim inmates that halal meals were undercooked and served on moldy trays, and the only alternative offered was a bologna sandwich that is in violation of religious dietary rules.
In Pino v. Ladd, 2014 U.S. Dist. LEXIS 33858 (ED CA, March 14, 2014), a California federal magistrate judge dismissed, with leave to amend, a Native American inmate's complaint that during a search of the Native American sweat lodge, authorities destroyed the fire pit, sacred mound, prayer ties and "nests of baby migratory birds."
In Cooper v. New Hampshire State Prison, 2014 U.S. Dist. LEXIS 33875 (D NH, March 13, 2014), a New Hampshire federal district court dismissed a Muslim inmate's complaint that on two occasions he was served meals that contained pork.
Sunday, March 16, 2014
Recent Prisoner Free Exercise Cases
In Chernetsky v. Nevada, 2014 U.S. Dist. LEXIS 29571 (D NV, March 7, 2014), a Nevada federal district court adopted in part and rejected in part a magistrate's recommendations (2014 U.S. Dist. LEXIS 29574, Jam 17, 2014) and rejected a Wiccan inmate's complaint that he was barred from possessing certain religious property and engaging in various Wiccan rituals. However the court held that, while authorities are not required to build a new sweat lodge for plaintiff, he should be permitted to use an existing one on terms comparable to those for Native American use.
In Debarr v. Carpenter, 2014 U.S. Dist. LEXIS 29588 (D NV, March 6, 2014), a Nevada federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 29580, Jan. 13, 2014) and dismissed plaintiff's claim that he was retaliated against for protesting flattening of religious grounds used by pagan inmates. The court also concluded that disciplinary action and transfer because of the coordinated action by pagan inmates in filing over 300 grievances in less than a month was proper.
In Robinson v. Crutchfield, 2014 U.S. Dist. LEXIS 30660 (SD OH, March 10, 2014), an Ohio federal district court denied a temporary restraining order to a Muslim inmate who sought halal meals that include meat rather than the prison's vegetarian diet provided to those who request halal meals.
In Conway v. Purves, 2014 U.S. Dist. LEXIS 30255 (ED MI, March 10, 2014), a Michigan federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 30767, Feb. 12, 2014) and permitted Muslim plaintiffs to move ahead with their complaint over the nutritional adequacy of the meals provided during Ramadan.
In Incumaa v. Stirling, 2014 U.S. Dist. LEXIS 31559 (D SC, March 11, 2014), a South Carolina federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 185985, Sept. 24, 2013) and dismissed plaintiff's claim that his religious exercise and due process rights were violated when prison officials designated Nation of Gods and Earths (Five Percenters) a security threat group.
In Johnson v. Solomon, 2014 U.S. Dist. LEXIS 32025 (WD NC, March 12, 2014), a North Carolina federal district court permitted an inmate to proceed with his claim that he is being denied a kosher diet that complies with his Hebrew Israelite beliefs.
In Njos v. Carney, 2014 U.S. Dist. LEXIS 32812 (MD PA, March 11, 2014), a Pennsylvania federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 32092, Feb. 19, 2014) and permitted plaintiff who claims to be Jewish to move ahead with his complaint that he was removed from the kosher diet progran and that he was not given adequate amounts of juice and matzo for use in his Sabbath ritual.
In Coward v. Jabe, 2014 U.S. Dist. LEXIS 32128 (ED VA, March 10, 2014), a Virginia federal district court upheld prison officials' decision to classify Nation of Gods and Earths as a gang rather than a religion, and their confiscation of of certain NGE publications from plaintiff's mail.
In Smith v. Perlman, 2014 U.S. Dist. LEXIS 32362 (ND NY, March 13, 2014), a New York federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 32554, Feb. 18, 2014) and dismissed a Mulsim inmate's complaint that he was denied a combined halal and therapeutic diet, hat he could not attend religious services while in keeplock, and that he was allowed only one family participation event per year.
USA Today reports on the Iowa Department of Corrections settlement of a lawsuit earlier this month in which it agreed, after a federal magistrate's decision in plaintiff's favor, to provide an inmate who is an adherent of Bochasanwasi Shri Akshar Purushottam Swaminarayan (a Hindu sect) with prepackaged food that is free of contact with pots, pans or utensils that had previously touched meats, eggs, mayonnaise, onions or garlic.
In Debarr v. Carpenter, 2014 U.S. Dist. LEXIS 29588 (D NV, March 6, 2014), a Nevada federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 29580, Jan. 13, 2014) and dismissed plaintiff's claim that he was retaliated against for protesting flattening of religious grounds used by pagan inmates. The court also concluded that disciplinary action and transfer because of the coordinated action by pagan inmates in filing over 300 grievances in less than a month was proper.
In Robinson v. Crutchfield, 2014 U.S. Dist. LEXIS 30660 (SD OH, March 10, 2014), an Ohio federal district court denied a temporary restraining order to a Muslim inmate who sought halal meals that include meat rather than the prison's vegetarian diet provided to those who request halal meals.
In Conway v. Purves, 2014 U.S. Dist. LEXIS 30255 (ED MI, March 10, 2014), a Michigan federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 30767, Feb. 12, 2014) and permitted Muslim plaintiffs to move ahead with their complaint over the nutritional adequacy of the meals provided during Ramadan.
In Incumaa v. Stirling, 2014 U.S. Dist. LEXIS 31559 (D SC, March 11, 2014), a South Carolina federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 185985, Sept. 24, 2013) and dismissed plaintiff's claim that his religious exercise and due process rights were violated when prison officials designated Nation of Gods and Earths (Five Percenters) a security threat group.
In Johnson v. Solomon, 2014 U.S. Dist. LEXIS 32025 (WD NC, March 12, 2014), a North Carolina federal district court permitted an inmate to proceed with his claim that he is being denied a kosher diet that complies with his Hebrew Israelite beliefs.
In Njos v. Carney, 2014 U.S. Dist. LEXIS 32812 (MD PA, March 11, 2014), a Pennsylvania federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 32092, Feb. 19, 2014) and permitted plaintiff who claims to be Jewish to move ahead with his complaint that he was removed from the kosher diet progran and that he was not given adequate amounts of juice and matzo for use in his Sabbath ritual.
In Coward v. Jabe, 2014 U.S. Dist. LEXIS 32128 (ED VA, March 10, 2014), a Virginia federal district court upheld prison officials' decision to classify Nation of Gods and Earths as a gang rather than a religion, and their confiscation of of certain NGE publications from plaintiff's mail.
In Smith v. Perlman, 2014 U.S. Dist. LEXIS 32362 (ND NY, March 13, 2014), a New York federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 32554, Feb. 18, 2014) and dismissed a Mulsim inmate's complaint that he was denied a combined halal and therapeutic diet, hat he could not attend religious services while in keeplock, and that he was allowed only one family participation event per year.
USA Today reports on the Iowa Department of Corrections settlement of a lawsuit earlier this month in which it agreed, after a federal magistrate's decision in plaintiff's favor, to provide an inmate who is an adherent of Bochasanwasi Shri Akshar Purushottam Swaminarayan (a Hindu sect) with prepackaged food that is free of contact with pots, pans or utensils that had previously touched meats, eggs, mayonnaise, onions or garlic.
Sunday, March 09, 2014
Recent Prisoner Free Exercise Cases
In Wiseman v. Cate, 2014 U.S. Dist. LEXIS 26373 (ED CA, Feb. 27, 2014), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that Muslim inmates in the Halal food plan are provided Halal meat at dinner but are only provided vegetarian meals at breakfast and lunch.
In Rowe v. Indiana Department of Corrections, 2014 U.S. Dist. LEXIS 27060 (SD IN, March 3, 2014), an Indiana federal district court denied cross motions for summary judgment and permitted an inmate to continue to pursue his free exercise and RLUIPA challenges to prison policies that call for the zero tolerance on security threat groups, prohibit visits from ex-prisoners, limit the number of books that can be possessed, limit certain inmate-to-inmate correspondence, bar item censorship of religious publications, and ban the swastika.
In Esposito v. Quatinez, 2014 U.S. Dist. LEXIS 28452 (ED NY, March 5, 2014), a New York federal district court permitted plaintiff who was involuntarily committed to the psychiatric unit of Stony Brook University Hospital to continue to pursue her claim that requiring her to remain hospitalized violates her free exercise rights because her religious beliefs require that she not affiliate herself through receipt of treatment with a hospital that performs abortions.
In Baumgarten v. Howard County Department of Corrections, 2014 U.S. Dist. LEXIS 28590 (D MD, March 6, 2014), a Maryland federal district court permitted a Jewish inmate to proceed with his complaint that he was repeatedly denied kosher meals for which he had been approved. Plaintiff is seeking damages.
In Mitchell v. Cicchi, 2014 U.S. Dist. LEXIS 28738 (D NJ, March 6, 2014), a New Jersey federal district court dismissed, without prejudice, a Muslim inmate's complaint that he was barred from participating in the jail's Eid festival because of his maximum security status.
In Rowe v. Indiana Department of Corrections, 2014 U.S. Dist. LEXIS 27060 (SD IN, March 3, 2014), an Indiana federal district court denied cross motions for summary judgment and permitted an inmate to continue to pursue his free exercise and RLUIPA challenges to prison policies that call for the zero tolerance on security threat groups, prohibit visits from ex-prisoners, limit the number of books that can be possessed, limit certain inmate-to-inmate correspondence, bar item censorship of religious publications, and ban the swastika.
In Esposito v. Quatinez, 2014 U.S. Dist. LEXIS 28452 (ED NY, March 5, 2014), a New York federal district court permitted plaintiff who was involuntarily committed to the psychiatric unit of Stony Brook University Hospital to continue to pursue her claim that requiring her to remain hospitalized violates her free exercise rights because her religious beliefs require that she not affiliate herself through receipt of treatment with a hospital that performs abortions.
In Baumgarten v. Howard County Department of Corrections, 2014 U.S. Dist. LEXIS 28590 (D MD, March 6, 2014), a Maryland federal district court permitted a Jewish inmate to proceed with his complaint that he was repeatedly denied kosher meals for which he had been approved. Plaintiff is seeking damages.
In Mitchell v. Cicchi, 2014 U.S. Dist. LEXIS 28738 (D NJ, March 6, 2014), a New Jersey federal district court dismissed, without prejudice, a Muslim inmate's complaint that he was barred from participating in the jail's Eid festival because of his maximum security status.
Monday, March 03, 2014
Supreme Court Grants Review In Muslim Prisoner's Challenge To Grooming Rules Barring Beards
The U.S. Supreme Court today granted certiorari in Holt v. Hobbs, (Docket No. 13-6827, cert. granted 3/3/2014). It also granted petitioner's motion to proceed in forma pauperis. (Order List.) In the case, the 8th Circuit affirmed the district court's decision upholding the grooming policy of the Arkansas Department of Corrections that allows inmates to wear trimmed mustaches but otherwise no facial hair, with quarter-inch beards permitted only for a diagnosed dermatological problem. Inmate Gregory Holt is a Muslim whose religious beliefs require him to grow a beard. He proposed that he be allowed to maintain a half-inch beard as a compromise position, to balance his religious beliefs with the prison's security needs. In its per curiam opinion, the 8th Circuit held that "defendants met their burden under RLUIPA of establishing that ADC's grooming policy was the least restrictive means of furthering a compelling penological interest." Last November, the Supreme Court took the unusual step of granting Holt (who also goes by the name Abdul Maalik Muhammad) an injunction barring Arkansas from enforcing its grooming policy against him pending disposition of Holt's cert petition and of the appeal now that review has been granted. According to SCOTUS Blog, arguments in this case will not be heard until next Fall.
UPDATE: Later in the day on March 3, the Supreme Court issued an order (full text) modifying its grant of certiorari, clarifying that the it is limited to the question of whether Arkansas' grooming policy violates RLUIPA "to the extent that it
prohibits petitioner from growing a one-half-inch beard in accordance with his religious beliefs."
UPDATE: Later in the day on March 3, the Supreme Court issued an order (full text) modifying its grant of certiorari, clarifying that the it is limited to the question of whether Arkansas' grooming policy violates RLUIPA "to the extent that it
prohibits petitioner from growing a one-half-inch beard in accordance with his religious beliefs."
Sunday, March 02, 2014
Recent Prisoner Free Exercise Cases
In Yah'Torah v. New Jersey Department of Corrections, 2014 N.J. Super. Unpub. LEXIS 346 (NJ App., Feb. 21, 2014), a New Jersey appellate court concluded that a Jewish inmate had not shown that his free exercise or RLUIPA rights were violated by the refusal of prison authorities to furnish him goat or sheep meat, grape juice, pistachio nuts, cashew nuts, honeydew melon or watermelon, onions, goat cheese, and leeks to celebrate the New Moon festival.
In Santo Mujahid Islaam v. Greco, 2014 U.S. Dist. LEXIS 21866 (D NJ, Feb. 21, 2014), a New Jersey federal district court allowed an inmate to proceed with his complaint that he was denied the right to attend Muslim Friday prayer services. Other inmates named in the complaint were given the option of joining the action upon payment of filing fees.
In Toppin v. Kornegay, 2014 U.S. Dist. LEXIS 21888 (E.D.N.C. Feb. 21, 2014), a North Carolina federal district court rejected a Native American inmate's claim that a search of his cell involving handling of his sacred items box violated his free exercise rights.
In Lizama v. Hendricks, 2014 U.S. Dist. LEXIS 22955 (D NJ, Feb. 20, 2014), a New Jersey federal district court dismissed without prejudice an inmate's complaint that one of the defendants failed to provide him with his kosher meal.
In Winder v. Maynard, 2014 U.S. Dist. LEXIS 23038 (D MD, Feb. 24, 2014), a Maryland federal district court dismissed a complaint by a Wiccan inmate that his celebration of the Samhain Feast was impaired when authorities refused to allow Wiccans to prepare and serve pork products through the prison kitchen facilities.
In Johnson v. Lowry, 2014 U.S. Dist. LEXIS 23216 (ND IN, Feb. 21, 2014), an Indiana federal district court permitted a Native American inmate to move ahead with his free exercise and RLUIPA injunctive action challenging the prison's refusal to allow him to possess various religious items in his cell and to have group services.
In Buckner v. Allen, 2014 U.S. Dist. LEXIS 22695 (MD AL, Feb. 24, 2014), an Alabama federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 23724, Feb. 3, 2014) and dismissed a complaint by a Native American inmate alleging denial of tobacco use during religious ceremonies, interruption of ceremonies, limited use of fires and sweat lodge, allowance of gang members on ceremonial grounds, and the chaplain's desecration of religious items by touching them.
In Davis v. Pierce, 2014 U.S. Dist. LEXIS 25030 (SD TX, Feb. 27, 2014), a Texas federal magistrate judge rejected Native American inmates' challenges to the ban on inmates smoking the ceremonial pipe, infrequent Native American religious services, the grooming policy and the ban on medicine bags outside of cells.
In Hodges v. Sharon, 2014 U.S. Dist. LEXIS 25453 (ED CA, Feb. 26, 2014), a California federal magistrate judge permitted a Messianic Jewish inmate to proceed with his free exercise, RLUIPA and equal protection claims alleging denial of various religious practices, including weekly services and holiday celebrations.
In Godbey v. Wilson, 2014 U.S. Dist. LEXIS 25436 (ED VA, Feb. 26, 2014), a Virginia federal district court dismissed complaints by an inmate who is an Asatru adherent that he is not allowed to drink alcoholic mead during religious ceremonies or wear his hlath (headband with symbols on it) outside the prison chapel.
In Begnoche v. Derose, 2014 U.S. Dist. LEXIS 25580 (MD PA, Feb. 28, 2014), a Pennsylvania federal district court refused to dismiss a Native American inmate's free exercise claims against 3 defendants alleging that they failed to provide him with a spiritual advisor, denied him religious items such as prayer feathers and denied him a special food tray during the Green Corn feast celebration.
In Free v. Garcia, 2014 U.S. Dist. LEXIS 25128 (WD OK, Feb. 27, 2014), an Oklahoma federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 26100, Feb. 14, 2014) and dismissed claims (some with and some without prejudice) that an inmate who is a House of Yahweh adherent did not receive his requested religious meals. A motion to amend the complaint was referred back to the magistrate judge.
In Santo Mujahid Islaam v. Greco, 2014 U.S. Dist. LEXIS 21866 (D NJ, Feb. 21, 2014), a New Jersey federal district court allowed an inmate to proceed with his complaint that he was denied the right to attend Muslim Friday prayer services. Other inmates named in the complaint were given the option of joining the action upon payment of filing fees.
In Toppin v. Kornegay, 2014 U.S. Dist. LEXIS 21888 (E.D.N.C. Feb. 21, 2014), a North Carolina federal district court rejected a Native American inmate's claim that a search of his cell involving handling of his sacred items box violated his free exercise rights.
In Lizama v. Hendricks, 2014 U.S. Dist. LEXIS 22955 (D NJ, Feb. 20, 2014), a New Jersey federal district court dismissed without prejudice an inmate's complaint that one of the defendants failed to provide him with his kosher meal.
In Winder v. Maynard, 2014 U.S. Dist. LEXIS 23038 (D MD, Feb. 24, 2014), a Maryland federal district court dismissed a complaint by a Wiccan inmate that his celebration of the Samhain Feast was impaired when authorities refused to allow Wiccans to prepare and serve pork products through the prison kitchen facilities.
In Johnson v. Lowry, 2014 U.S. Dist. LEXIS 23216 (ND IN, Feb. 21, 2014), an Indiana federal district court permitted a Native American inmate to move ahead with his free exercise and RLUIPA injunctive action challenging the prison's refusal to allow him to possess various religious items in his cell and to have group services.
In Buckner v. Allen, 2014 U.S. Dist. LEXIS 22695 (MD AL, Feb. 24, 2014), an Alabama federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 23724, Feb. 3, 2014) and dismissed a complaint by a Native American inmate alleging denial of tobacco use during religious ceremonies, interruption of ceremonies, limited use of fires and sweat lodge, allowance of gang members on ceremonial grounds, and the chaplain's desecration of religious items by touching them.
In Davis v. Pierce, 2014 U.S. Dist. LEXIS 25030 (SD TX, Feb. 27, 2014), a Texas federal magistrate judge rejected Native American inmates' challenges to the ban on inmates smoking the ceremonial pipe, infrequent Native American religious services, the grooming policy and the ban on medicine bags outside of cells.
In Hodges v. Sharon, 2014 U.S. Dist. LEXIS 25453 (ED CA, Feb. 26, 2014), a California federal magistrate judge permitted a Messianic Jewish inmate to proceed with his free exercise, RLUIPA and equal protection claims alleging denial of various religious practices, including weekly services and holiday celebrations.
In Godbey v. Wilson, 2014 U.S. Dist. LEXIS 25436 (ED VA, Feb. 26, 2014), a Virginia federal district court dismissed complaints by an inmate who is an Asatru adherent that he is not allowed to drink alcoholic mead during religious ceremonies or wear his hlath (headband with symbols on it) outside the prison chapel.
In Begnoche v. Derose, 2014 U.S. Dist. LEXIS 25580 (MD PA, Feb. 28, 2014), a Pennsylvania federal district court refused to dismiss a Native American inmate's free exercise claims against 3 defendants alleging that they failed to provide him with a spiritual advisor, denied him religious items such as prayer feathers and denied him a special food tray during the Green Corn feast celebration.
In Free v. Garcia, 2014 U.S. Dist. LEXIS 25128 (WD OK, Feb. 27, 2014), an Oklahoma federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 26100, Feb. 14, 2014) and dismissed claims (some with and some without prejudice) that an inmate who is a House of Yahweh adherent did not receive his requested religious meals. A motion to amend the complaint was referred back to the magistrate judge.
Sunday, February 23, 2014
Recent Prisoner Free Exercise Cases
In Howard v. Connett, 2014 U.S. Dist. LEXIS 19231 (D NV, Feb. 14, 2014), a Nevada federal district court refused to grant summary judgment to defendants on an inmate's claims that Nation of Islam services are held only once monthly and he is not released regularly for other Muslim services[ on his claim that he was deprived of his Qur'an for 12 days while in disciplinary segregation; and on his claim of a conspiracy to deprive him of medical treatment based on animus toward his religion.
In Hoeck v. Miklich, 2014 U.S. Dist. LEXIS 20381 (D CO, Feb. 19, 2014), a Colorado federal district court adopted a magistrate's recommendations in part and allowed an inmate to proceed with his claims against certain defendants complaining that the practices of his "Biblical Christian" faith were not accommodated.
In Karsjens v. Jesson, 2014 U.S. Dist. LEXIS 20911 (D MN, Feb. 19, 2014), a Minnesota federal district court allowed plaintiffs to proceed with their claim that portions of the Minnesota civil commitment sex offender program violate their free exercise rights. Plaintiffs claim they are monitored during religious services and private meetings with clergy, are not allowed to wear religious apparel or have certain religious property, are not allowed communal religious feasts and cannot receive Kosher or Halal meals.
In Rahman v. Fischer, 2014 U.S. Dist. LEXIS 20846 (ND NY, Feb. 20, 2014), a New York federal district court adopted a magistrate's recommendation and dismissed a number of claims but permitted a Muslim inmate to proceed with his complaint that he was denied access to the sink to make ablution.
In Pelayo v. Hernandez, 2014 U.S. Dist. LEXIS 20616 (ND CA, Feb. 18, 2014), a California federal district court dismissed with leave to amend an inmate's complaint that he was prevented from entering the dining hall at breakfast because he was carrying a pocket Bible and thin Bible folder.
In Walker v. Artus, 2014 U.S. Dist. LEXIS 21745 (ND NY, Feb. 21, 2014), a New York federal district court adopted a magistrate's recommendations and dismissed a complaint that Muslim inmates in the special housing unit are not allowed to attend congregate religious services, nor are they allowed to watch or listen through closed circuit transmissions.
In Hoeck v. Miklich, 2014 U.S. Dist. LEXIS 20381 (D CO, Feb. 19, 2014), a Colorado federal district court adopted a magistrate's recommendations in part and allowed an inmate to proceed with his claims against certain defendants complaining that the practices of his "Biblical Christian" faith were not accommodated.
In Karsjens v. Jesson, 2014 U.S. Dist. LEXIS 20911 (D MN, Feb. 19, 2014), a Minnesota federal district court allowed plaintiffs to proceed with their claim that portions of the Minnesota civil commitment sex offender program violate their free exercise rights. Plaintiffs claim they are monitored during religious services and private meetings with clergy, are not allowed to wear religious apparel or have certain religious property, are not allowed communal religious feasts and cannot receive Kosher or Halal meals.
In Rahman v. Fischer, 2014 U.S. Dist. LEXIS 20846 (ND NY, Feb. 20, 2014), a New York federal district court adopted a magistrate's recommendation and dismissed a number of claims but permitted a Muslim inmate to proceed with his complaint that he was denied access to the sink to make ablution.
In Pelayo v. Hernandez, 2014 U.S. Dist. LEXIS 20616 (ND CA, Feb. 18, 2014), a California federal district court dismissed with leave to amend an inmate's complaint that he was prevented from entering the dining hall at breakfast because he was carrying a pocket Bible and thin Bible folder.
In Walker v. Artus, 2014 U.S. Dist. LEXIS 21745 (ND NY, Feb. 21, 2014), a New York federal district court adopted a magistrate's recommendations and dismissed a complaint that Muslim inmates in the special housing unit are not allowed to attend congregate religious services, nor are they allowed to watch or listen through closed circuit transmissions.
Sunday, February 16, 2014
Recent Prisoner Free Exercise Cases
In Pittman-Bey v. Celum, (5th Cir., Feb. 14, 2014), the 5th Circuit held that defendants in a prisoner lawsuit had qualified immunity because "there is neither controlling authority nor a robust consensus of persuasive authority showing that a Muslim inmate who did not participate in Jumu'ah services was entitled to participate in Ramadan activities and after sunset meals."
In Cauthen v. Rivera, 2014 U.S. Dist. LEXIS 16641 (ED CA, Feb. 7, 2014), a California federal magistrate judge recommended that a Rastafarian inmate be permitted to proceed with his complaint that his free exercise and RLUIPA rights were infringed when he was subjected to an unclothed body cavity search in the presence of female staff.
In Pattison v. Nevada, 2014 U.S. Dist. LEXIS 17109 (D NV, Feb. 11, 2014), a Nevada federal district court refused to reconsider its original imposition of sanctions of $100 on defendants who frivolously removed to federal court (after 2 years of state court litigation) a Jewish inmate's state court complaint that he was being denied kosher meals.
In Wallace v. Miller, 2014 U.S. Dist. LEXIS 17602 (SD IL, Feb. 12, 2014), an Illinois federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 185068, Aug. 22, 2013) and dismissed many of the claims by an inmate who was an adherent of Satmar Hasidic Judaism who contended that he was deprived of sufficient nutrition in connection with the amount of food he received on religious fast days, as well as claiming retaliation and differential treatment. However the court permitted plaintiff to proceed with a claim against the dietary services manager and the senior chaplain for damages for failure to provide kosher meals, as well as certain claims against other defendants.
In Bucano v. Monroe County Correctional Facility, 2014 U.S. Dist. LEXIS 17877 (MD PA, Feb. 10, 2014), a Pennsylvania federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 17122, Jan. 7, 2014) only in part and allowed an inmate to move ahead against one defendant on her claim that she was forced to eat non-kosher food. The defendant had not moved for dismissal. The remainder of the case was dismissed.
In Johnson v. Martin, 2014 U.S. Dist. LEXIS 17649 (WD MI, Feb. 12, 2014), a Michigan federal district court adopted in part a magistrate's recommendations (2014 U.S. Dist. LEXIS 18460, Jan. 14, 2014) and dismissed an inmate's complaint that he was denied Jewish reading material and a kosher diet, concluding that plaintiff failed to show that he has a sincerely held religious belief that requires accommodation.
In Boone v. Coleman, 2014 U.S. Dist. LEXIS 18739 (CD IL, Feb. 14, 2014), an Illinois federal district court permitted a Messianic Hebrew inmate to proceed against a correctional officer, but not other defendants, on his complaint that he was denied a kosher diet.
In Marron v. Jabe, 2014 U.S. Dist. LEXIS 19150 (ED VA, Feb. 14, 2014), a Virginia federal district court dismissed a Muslim inmate's objections to a prison rule that requires CDs or tapes to be ordered through a single vendor. The policy led to authorities refusing to allow plaintiff to have two religious non-music tapes that he had ordered through a different vendor.
In Cauthen v. Rivera, 2014 U.S. Dist. LEXIS 16641 (ED CA, Feb. 7, 2014), a California federal magistrate judge recommended that a Rastafarian inmate be permitted to proceed with his complaint that his free exercise and RLUIPA rights were infringed when he was subjected to an unclothed body cavity search in the presence of female staff.
In Pattison v. Nevada, 2014 U.S. Dist. LEXIS 17109 (D NV, Feb. 11, 2014), a Nevada federal district court refused to reconsider its original imposition of sanctions of $100 on defendants who frivolously removed to federal court (after 2 years of state court litigation) a Jewish inmate's state court complaint that he was being denied kosher meals.
In Wallace v. Miller, 2014 U.S. Dist. LEXIS 17602 (SD IL, Feb. 12, 2014), an Illinois federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 185068, Aug. 22, 2013) and dismissed many of the claims by an inmate who was an adherent of Satmar Hasidic Judaism who contended that he was deprived of sufficient nutrition in connection with the amount of food he received on religious fast days, as well as claiming retaliation and differential treatment. However the court permitted plaintiff to proceed with a claim against the dietary services manager and the senior chaplain for damages for failure to provide kosher meals, as well as certain claims against other defendants.
In Bucano v. Monroe County Correctional Facility, 2014 U.S. Dist. LEXIS 17877 (MD PA, Feb. 10, 2014), a Pennsylvania federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 17122, Jan. 7, 2014) only in part and allowed an inmate to move ahead against one defendant on her claim that she was forced to eat non-kosher food. The defendant had not moved for dismissal. The remainder of the case was dismissed.
In Johnson v. Martin, 2014 U.S. Dist. LEXIS 17649 (WD MI, Feb. 12, 2014), a Michigan federal district court adopted in part a magistrate's recommendations (2014 U.S. Dist. LEXIS 18460, Jan. 14, 2014) and dismissed an inmate's complaint that he was denied Jewish reading material and a kosher diet, concluding that plaintiff failed to show that he has a sincerely held religious belief that requires accommodation.
In Boone v. Coleman, 2014 U.S. Dist. LEXIS 18739 (CD IL, Feb. 14, 2014), an Illinois federal district court permitted a Messianic Hebrew inmate to proceed against a correctional officer, but not other defendants, on his complaint that he was denied a kosher diet.
In Marron v. Jabe, 2014 U.S. Dist. LEXIS 19150 (ED VA, Feb. 14, 2014), a Virginia federal district court dismissed a Muslim inmate's objections to a prison rule that requires CDs or tapes to be ordered through a single vendor. The policy led to authorities refusing to allow plaintiff to have two religious non-music tapes that he had ordered through a different vendor.
Sunday, February 09, 2014
Recent Prisoner Free Exercise Cases
In Wall v. Wade, (4th Cir., Feb. 3, 2014), the 4th Circuit vacated a Virginia federal district court's dismissal of damage claims and held that it is unconstitutional for a prison to condition inmates' participation in Ramadan observances on their providing some physical indicia of Islamic faith, such as a Quran, Kufi, prayer rug, or written religious material obtained from the prison Chaplain’s office.
In Holtz v. Karr, 2014 U.S. Dist. LEXIS 12519 (WD WA, Jan. 23, 2014), a Washington federal magistrate judge recommended that a Muslim inmate be permitted to proceed with his claims against the county alleging that jail policies interfere with his ability to practice Islam and are religiously discriminatory. Plaintiff's complaint covers religious living units, diet, and religious dress, items and prayer.
In Stevens v. Pennsylvania Department of Corrections, 2014 U.S. Dist. LEXIS 12586 (MD PA, Jan. 31, 2014), a Pennsylvania federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 13098, Jan. 14, 2014) and dismissed claims by a Native American inmate for $1 billion in damages for crushing his spirits; a "review of all religious freedoms towards Native American[s]"; and a written apology published in a newspaper after he did not hear his name called out for the Hoop worship service.
In Mitchell v. Fox, 2014 U.S. Dist. LEXIS 13845 (ED WA, Feb. 4, 2014), a Washington federal district court dismissed a Muslim inmate's complaint that his copy of the Qur'an was damaged and later taken and that two prayer books were taken during a search. He could have obtained another copy of the Qur'an from the chaplain.
In Gray v. Lewis, 2014 U.S. Dist. LEXIS 13899 (ND CA, Feb. 4, 2014), a California federal district court permitted an inmate who was a follower of the Yahweh religion to move ahead with his complaint that he was denied kosher meals.
In Fowler v. CDCR, 2014 U.S. Dist. LEXIS 13922 (ED CA, Feb. 3, 2014) and Nible v. CDCR, 2014 U.S. Dist. LEXIS 13924 (ED CA, Feb. 4, 2014), a California federal magistrate judge dismissed with leave to amend complaints by inmates that they were deprived of outdoor worship space chapel access, religious items and funds to practice the Asatru/Odinic religion, while mainstream religions were supported.
In Palermo v. New Hampshire State Prison, 2014 U.S. Dist. LEXIS 14096 (D NH, Feb. 4, 2014), a New Hampshire federal district court allowed an inmate to move ahead with his complaint that prison officials refused to recognize his religion; provide him with religious items or a religious diet; or allow him to receive religious posters or attend group worship.
In Ali v. Stephens, 2014 U.S. Dist. LEXIS 14460 (ED TX, Feb. 4, 2014), a Texas federal magistrate judge granted a Muslim inmate a TRO and preliminary injunction allowing him to wear a one-quarter inch beard, but denied a TRO and preliminary injunction on his request to wear a full beard and to wear his kufi cap throughout the prison at all times.
In Reiske v. Bruno, 2014 U.S. Dist. LEXIS 14696 (D CT, Feb. 6, 2014), a Connecticut federal district court refused to grant an inmate who is a second degree Wicca priest a TRO or preliminary injunction to require prison authorities to recognize his Wicca religion and allow him to purchase various religious items such as candles, oils, bowls and rope.
In Fox v. Stephens, 2014 U.S. Dist. LEXIS 15272 (SD TX, Feb. 6, 2014), a Texas federal district court dismissed an inmate's free exercise claims because they were not appropriately raised by a habeas corpus action and because the suit is subject to the 3-strike bar for frivolous in forma pauperis litigation.
In Holtz v. Karr, 2014 U.S. Dist. LEXIS 12519 (WD WA, Jan. 23, 2014), a Washington federal magistrate judge recommended that a Muslim inmate be permitted to proceed with his claims against the county alleging that jail policies interfere with his ability to practice Islam and are religiously discriminatory. Plaintiff's complaint covers religious living units, diet, and religious dress, items and prayer.
In Stevens v. Pennsylvania Department of Corrections, 2014 U.S. Dist. LEXIS 12586 (MD PA, Jan. 31, 2014), a Pennsylvania federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 13098, Jan. 14, 2014) and dismissed claims by a Native American inmate for $1 billion in damages for crushing his spirits; a "review of all religious freedoms towards Native American[s]"; and a written apology published in a newspaper after he did not hear his name called out for the Hoop worship service.
In Mitchell v. Fox, 2014 U.S. Dist. LEXIS 13845 (ED WA, Feb. 4, 2014), a Washington federal district court dismissed a Muslim inmate's complaint that his copy of the Qur'an was damaged and later taken and that two prayer books were taken during a search. He could have obtained another copy of the Qur'an from the chaplain.
In Gray v. Lewis, 2014 U.S. Dist. LEXIS 13899 (ND CA, Feb. 4, 2014), a California federal district court permitted an inmate who was a follower of the Yahweh religion to move ahead with his complaint that he was denied kosher meals.
In Fowler v. CDCR, 2014 U.S. Dist. LEXIS 13922 (ED CA, Feb. 3, 2014) and Nible v. CDCR, 2014 U.S. Dist. LEXIS 13924 (ED CA, Feb. 4, 2014), a California federal magistrate judge dismissed with leave to amend complaints by inmates that they were deprived of outdoor worship space chapel access, religious items and funds to practice the Asatru/Odinic religion, while mainstream religions were supported.
In Palermo v. New Hampshire State Prison, 2014 U.S. Dist. LEXIS 14096 (D NH, Feb. 4, 2014), a New Hampshire federal district court allowed an inmate to move ahead with his complaint that prison officials refused to recognize his religion; provide him with religious items or a religious diet; or allow him to receive religious posters or attend group worship.
In Ali v. Stephens, 2014 U.S. Dist. LEXIS 14460 (ED TX, Feb. 4, 2014), a Texas federal magistrate judge granted a Muslim inmate a TRO and preliminary injunction allowing him to wear a one-quarter inch beard, but denied a TRO and preliminary injunction on his request to wear a full beard and to wear his kufi cap throughout the prison at all times.
In Reiske v. Bruno, 2014 U.S. Dist. LEXIS 14696 (D CT, Feb. 6, 2014), a Connecticut federal district court refused to grant an inmate who is a second degree Wicca priest a TRO or preliminary injunction to require prison authorities to recognize his Wicca religion and allow him to purchase various religious items such as candles, oils, bowls and rope.
In Fox v. Stephens, 2014 U.S. Dist. LEXIS 15272 (SD TX, Feb. 6, 2014), a Texas federal district court dismissed an inmate's free exercise claims because they were not appropriately raised by a habeas corpus action and because the suit is subject to the 3-strike bar for frivolous in forma pauperis litigation.
Friday, February 07, 2014
Cert. Petitions On Prison Grooming Rules
Yesterday a petition for certiorari (full text) was filed with the U.S. Supreme Court in Jones v. Thompson. In the case (decided as Knight v. Thompson), the 11th Circuit rejected several Native American inmates' RLUIPA challenges to Alabama prison system grooming rules that prohibit them from wearing long hair as required by their religion. The 11th Circuit held that the short-hair policy for male inmates is the least restrictive means of furthering compelling governmental interests in security, discipline, hygiene and safety. (See prior posting.) A cert. petition (full text) was filed last September in another unrelated case also raising the constitutionality of prison grooming policies-- Holt v. Hobbs. Whether or not to grant cert. in that case, involving a Muslim inmate, is on the calendar for the Court's Feb. 21 conference. (See prior related posting.) [Thanks to Douglas Laycock for the lead.]
Sunday, February 02, 2014
Recent Prisoner Free Exercise Cases
In Daley v. Lappin, (3d Cir., Jan. 29, 2014), the 3rd Circuit vacated and remanded for the most part a decision of a Pennsylvania federal district court in a suit brought by a former federal inmate who was a Rastafarian. The Court of Appeals held that the district court erred in rejecting plaintiff's claim for a vegan diet merely on the ground that it was not a mandatory tenet of Rastafarianism.
In Harris v. Gipson, 2014 U.S. Dist. LEXIS 9792 (ED CA, Jan. 24, 2014), a California federal magistrate judge dismissed with leave to amend a Muslim inmate's complaint that he is being denied access to an adequate religious diet.
In Hollins v. Curtin, 2014 U.S. Dist. LEXIS 10709 (WD MI, Jan. 29, 2014), a Michigan federal district court permitted a Nation of Islam inmate to move ahead with his challenge to a prison's blanket ban on group religious services for all inmates in segregation.
In Sousa v. Wegman, 2014 U.S. Dist. LEXIS 11132 (ED CA, Jan. 28, 2014), a California federal magistrate judge recommended that a Mexican Indian inmate be permitted to proceed with his complaint that prison officials refused to recognize his religion or allot him outside grounds to conduct services, burn sage and hold sweats. The court held that plaintiff's free exercise claim should not be barred by collateral estoppel, the 11th Amendment, or PLRA exhaustion.
In Washington v. Cate, 2014 U.S. Dist. LEXIS 12402 (ED CA, Jan. 31, 2014), a California federal magistrate judge dismissed a complaint by a Muslim inmate that his free exercise, equal protection and RLUIPA rights were infringed when was not permitted to have a conjugal visit to consummate his marriage that took place in a prison visiting room. Department of Corrections rules bar conjugal visits for prisoners serving life sentences.
In Martin v. Cate, 2014 U.S. Dist. LEXIS 12414 (ED CA, Jan. 31, 2014), a California federal magistrate judge recommended dismissing a complaint by a Christian inmate serving a life sentence that his free exercise and RLUIPA rights were infringed by rules denying him conjugal visits with his wife.
In Harris v. Gipson, 2014 U.S. Dist. LEXIS 9792 (ED CA, Jan. 24, 2014), a California federal magistrate judge dismissed with leave to amend a Muslim inmate's complaint that he is being denied access to an adequate religious diet.
In Hollins v. Curtin, 2014 U.S. Dist. LEXIS 10709 (WD MI, Jan. 29, 2014), a Michigan federal district court permitted a Nation of Islam inmate to move ahead with his challenge to a prison's blanket ban on group religious services for all inmates in segregation.
In Sousa v. Wegman, 2014 U.S. Dist. LEXIS 11132 (ED CA, Jan. 28, 2014), a California federal magistrate judge recommended that a Mexican Indian inmate be permitted to proceed with his complaint that prison officials refused to recognize his religion or allot him outside grounds to conduct services, burn sage and hold sweats. The court held that plaintiff's free exercise claim should not be barred by collateral estoppel, the 11th Amendment, or PLRA exhaustion.
In Washington v. Cate, 2014 U.S. Dist. LEXIS 12402 (ED CA, Jan. 31, 2014), a California federal magistrate judge dismissed a complaint by a Muslim inmate that his free exercise, equal protection and RLUIPA rights were infringed when was not permitted to have a conjugal visit to consummate his marriage that took place in a prison visiting room. Department of Corrections rules bar conjugal visits for prisoners serving life sentences.
In Martin v. Cate, 2014 U.S. Dist. LEXIS 12414 (ED CA, Jan. 31, 2014), a California federal magistrate judge recommended dismissing a complaint by a Christian inmate serving a life sentence that his free exercise and RLUIPA rights were infringed by rules denying him conjugal visits with his wife.
Sunday, January 26, 2014
Recent Prisoner Free Exercise Cases
In Cottriel v. Jones, 2014 U.S. Dist. LEXIS 6872 (WD OK, Jan. 21, 2014), an Oklahoma federal district court refused to hold the the Oklahoma Department of Corrections in contempt, finding that it has taken every reasonable step to comply with a prior injunction requiring it to furnish an Orthodox Jewish inmate with kosher food.
In Turner v. Hamblin, 2014 U.S. Dist. LEXIS 6986 (WD WI, Jan. 21, 2014), a Wisconsin federal district court dismissed a Muslim inmate's claim that his free exercise rights were infringed because prison officials cancelled Jumuah and Taleem services when an outside volunteer was not available to lead them.
In Hicks v. Ryan, 2014 U.S. Dist. LEXIS 7132 (D MA, Jan. 21, 2014), a Massachusetts federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that he was not allowed to attend church services while he was in the infirmary.
Marshall v. Pennsylvania Department of Corrections, 2014 U.S. Dist. LEXIS 7421 (MD PA, Jan. 22, 2014), is a Pennsylvania federal district court case in which an inmate is challenging the refusal to offer services for Nation of Islam and Muhammad's Temple of Islam adherents separate from broader Islamic services. The court concluded that prior opinions in the case already dealt with a number of issues raised in motions before it, denied plaintiff's motion to amend, and ordered defendants to comply with outstanding discovery requests.
In Cox v. Stephens, 2014 U.S. Dist. LEXIS 7578 (SD TX, Jan. 22, 2014), a Texas federal district court denied a motion by a program analyst to dismiss him as a defendant in a suit by a Native American inmate who claims that grooming rules and rules limiting his wearing of a medicine bag and his participation in a pipe ceremony infringe his free exercise rights.
In Redd v. Lutgen, 2014 U.S. Dist. LEXIS 8070 (ND IA, Jan. 23, 2014), an Iowa federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 155252, Oct. 28, 2013) and dismissed an inmate's complaint that his free exercise rights were infringed when he was told he must sign a "Ramadan Agreement" in order to participate in the Eid feast with other inmates, since his name appeared on the Ramadan list anyway.
In Clay v. Livingston, 2014 U.S. Dist. LEXIS 9186 (ND CA, Jan. 24, 2014), a California federal magistrate judge permitted a Muslim inmate to move ahead with his complaint that Muslims fasting during Ramadan did not receive their lunches.
In Turner v. Hamblin, 2014 U.S. Dist. LEXIS 6986 (WD WI, Jan. 21, 2014), a Wisconsin federal district court dismissed a Muslim inmate's claim that his free exercise rights were infringed because prison officials cancelled Jumuah and Taleem services when an outside volunteer was not available to lead them.
In Hicks v. Ryan, 2014 U.S. Dist. LEXIS 7132 (D MA, Jan. 21, 2014), a Massachusetts federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that he was not allowed to attend church services while he was in the infirmary.
Marshall v. Pennsylvania Department of Corrections, 2014 U.S. Dist. LEXIS 7421 (MD PA, Jan. 22, 2014), is a Pennsylvania federal district court case in which an inmate is challenging the refusal to offer services for Nation of Islam and Muhammad's Temple of Islam adherents separate from broader Islamic services. The court concluded that prior opinions in the case already dealt with a number of issues raised in motions before it, denied plaintiff's motion to amend, and ordered defendants to comply with outstanding discovery requests.
In Cox v. Stephens, 2014 U.S. Dist. LEXIS 7578 (SD TX, Jan. 22, 2014), a Texas federal district court denied a motion by a program analyst to dismiss him as a defendant in a suit by a Native American inmate who claims that grooming rules and rules limiting his wearing of a medicine bag and his participation in a pipe ceremony infringe his free exercise rights.
In Redd v. Lutgen, 2014 U.S. Dist. LEXIS 8070 (ND IA, Jan. 23, 2014), an Iowa federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 155252, Oct. 28, 2013) and dismissed an inmate's complaint that his free exercise rights were infringed when he was told he must sign a "Ramadan Agreement" in order to participate in the Eid feast with other inmates, since his name appeared on the Ramadan list anyway.
In Clay v. Livingston, 2014 U.S. Dist. LEXIS 9186 (ND CA, Jan. 24, 2014), a California federal magistrate judge permitted a Muslim inmate to move ahead with his complaint that Muslims fasting during Ramadan did not receive their lunches.
Friday, January 24, 2014
10th Circuit Rules For Native American Inmate In Cogent Review Of RLUIPA's Requirements
In a highly articulate 31-page opinion by Judge Gorsuch in Yellowbear v. Lampert, (10th Cir., Jan. 23, 2014), the U.S. 10th Circuit Court of Appeals yesterday reviewed each element of a RLUIPA prisoner's rights claim and reversed the trial court's summary judgment against a Native American inmate. Here is the court's description of the case:
Andrew Yellowbear will probably spend the rest of his life in prison. Time he must serve for murdering his daughter. With that much lying behind and still before him, Mr. Yellowbear has found sustenance in his faith. No one doubts the sincerity of his religious beliefs....
That takes us to the nub of our case. Mr. Yellowbear, an enrolled member of the Northern Arapaho Tribe, seeks access to the prison’s existing sweat lodge to facilitate his religious exercises. The prison has refused. The prison’s sweat lodge is located in the general prison yard and Mr. Yellowbear is housed in a special protective unit (not because of any disciplinary infraction he has committed, but because of threats against him). Prison officials insist that the cost of providing the necessary security to take Mr. Yellowbear from the special protective unit to the sweat lodge and back is “unduly burdensome.” Mr. Yellowbear disagrees and seeks relief under RLUIPA. For its part, the district court discerned no statutory violation and entered summary judgment against Mr. Yellowbear. Mr. Yellowbear asks us to undo that judgment so that his case might proceed to trial.
At the end of the day, we find that’s exactly the relief we must provide.AP reports on the decision.
Muslims Want Florida Prisons To Offer Halal Meals
Now that the Justice Department has won a preliminary injunction from a federal district court ordering Florida prisons to make kosher meals available by July 1 to all prisoners with a sincere religious basis for keeping kosher (see prior posting), Muslim groups are asking for Halal meals as well. In a press release yesterday, CAIR-Florida said:
We welcome the decision [on kosher food] as an important step in protecting religious rights of incarcerated individuals. It is only fair and equitable that if Jewish inmates receive kosher food, as they should, that Muslim inmates have access to halal meals. Muslim businesses in our state stand ready to offer the advice and services needed to provide halal meals to inmates.According to the Huffington Post, Halal prison meals would cost only about one-third of the cost of kosher meals.
Tuesday, January 21, 2014
States Concerned Over Costs and Demand For Prison Kosher Food
Today's New York Times carries a front page story titled You Don’t Have to Be Jewish to Love a Kosher Prison Meal, focusing on the added cost to prison systems of serving kosher food ($7 per day vs. $1.54 in Florida) and the feigning of Jewish religious beliefs by some inmates in order to be placed on kosher diets:
Some states, like New York, do nothing to try to discern who is feigning Jewishness. In California, inmates talk with a rabbi who will gauge, very generally, a prisoner’s actual interest.
But some Jewish groups in Florida are pushing for greater control, which may pose a difficult legal hurdle.
Sunday, January 19, 2014
Recent Prisoner Free Exercise Cases
In State of New Mexico ex rel Peterson v. Aramark Correctional Services, LLC, (NM App., Jan. 15, 2014), a New Mexico appeals court held that an inmate's prior suit under the state Religious Freedom Restoration Act did not bar on issue preclusion or claim preclusion grounds a qui tam action under the state Fraud Against Taxpayers Act against the company that had a contract to provide prison meals.
In Nelson v. Jackson, 2014 U.S. Dist. LEXIS 5222 (SD OH, Jan. 15, 2014), an Ohio federal magistrate judge recommended denying a Jewish inmate's summary judgment motion because of factual questions about whether plaintiff's beliefs in keeping kosher and not using a microwave on Saturdays are sincerely held. The court also denied summary judgment on plaintiff's complaint that meat and dairy were served together to him in the same meals.
In Dixie v. Virga, 2014 U.S. Dist. LEXIS 5892 (ED CA, Jan. 15, 2014), a California federal magistrate judge recommended permitting a Muslim inmate to proceed with various of his free exercise and RLUIPA challenges to a decision to prohibit inmates in the Enhanced Outpatient Program from attending Jumu'ah prayer sessions with inmates from the General Population. Plaintiff's equal protection challenge was dismissed with leave to amend.
In Evans v. Jabe, 2014 U.S. Dist. LEXIS 6454 (ED VA, Jan. 17, 2014), a Virginia federal district court dismissed a Muslim inmate's complaint that his free exercise and RLUIPA rights were infringed when in a lock down period that occurred during Ramadan 2010, six times breakfast trays were incomplete or not timely.
In Cohen v. Wagner, 2014 U.S. Dist. LEXIS 6426 (ED PA, Jan. 16, 2014), a Pennsylvania federal district court dismissed, with leave to amend, a Jewish inmate's complaint that the food he was served was not kosher and that his religious text (Tanach) was destroyed.
In Nelson v. Jackson, 2014 U.S. Dist. LEXIS 5222 (SD OH, Jan. 15, 2014), an Ohio federal magistrate judge recommended denying a Jewish inmate's summary judgment motion because of factual questions about whether plaintiff's beliefs in keeping kosher and not using a microwave on Saturdays are sincerely held. The court also denied summary judgment on plaintiff's complaint that meat and dairy were served together to him in the same meals.
In Dixie v. Virga, 2014 U.S. Dist. LEXIS 5892 (ED CA, Jan. 15, 2014), a California federal magistrate judge recommended permitting a Muslim inmate to proceed with various of his free exercise and RLUIPA challenges to a decision to prohibit inmates in the Enhanced Outpatient Program from attending Jumu'ah prayer sessions with inmates from the General Population. Plaintiff's equal protection challenge was dismissed with leave to amend.
In Evans v. Jabe, 2014 U.S. Dist. LEXIS 6454 (ED VA, Jan. 17, 2014), a Virginia federal district court dismissed a Muslim inmate's complaint that his free exercise and RLUIPA rights were infringed when in a lock down period that occurred during Ramadan 2010, six times breakfast trays were incomplete or not timely.
In Cohen v. Wagner, 2014 U.S. Dist. LEXIS 6426 (ED PA, Jan. 16, 2014), a Pennsylvania federal district court dismissed, with leave to amend, a Jewish inmate's complaint that the food he was served was not kosher and that his religious text (Tanach) was destroyed.
Sunday, January 12, 2014
Recent Prisoner Free Exercise Cases
In Ghailani v. Holder, 2014 U.S. Dist. LEXIS 1986 (D CO, Jan., 8, 2014), a Colorado federal magistrate judge gave an inmate 30 days to file an amended complaint setting out more details of his claim that "special administrative measures" imposed on him violates his free exercise rights.
In Lewis v. Nevada, 2014 U.S. Dist. LEXIS 2045 (D NV, Jan. 7, 2014), a Nevada federal district court, while severing claims of several plaintiffs and dismissing a number of claims, permitted an African-American Hebrew Israelite inmate to move forward with his free exercise, RLUIPA and equal protection challenges to the denial of kosher meals and the insistence that he accept Common Fare meals. Plaintiff claimed that Jews who are white still receive kosher meals.
In Strickland v. Van Lanen, 2014 U.S. Dist. LEXIS 873 (ED WI, Jan. 3, 2014), a Wisconsin federal district court permitted a Muslim inmate to proceed with his complaint that strip searches in areas that lack privacy infringe his religious beliefs.
In Carmichael v. Geo Group, 2014 U.S. Dist. LEXIS 2697 (ED CA, Jan. 8, 2014), a California federal magistrate judge permitted a Muslim inmate to proceed with his complaint that he was denied a halal diet and the ability to purchase halal meat.
In Irvin v. Yates, 2014 U.S. Dist. LEXIS 2120 (ED CA, Jan. 8, 2014), a California federal magistrate judge dismissed with leave to file an amended complaint a Muslim inmate's free exercise, RLUIPA and equal protection claims.
In Sessing v. Beard, 2014 U.S. Dist. LEXIS 238 (ED CA, Jan. 2, 2013), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that his exercise of his Asatru (Odinism) faith is burdened by denial of his request for construction of an outdoor worship enclosure.
In Lewis v. Nevada, 2014 U.S. Dist. LEXIS 2045 (D NV, Jan. 7, 2014), a Nevada federal district court, while severing claims of several plaintiffs and dismissing a number of claims, permitted an African-American Hebrew Israelite inmate to move forward with his free exercise, RLUIPA and equal protection challenges to the denial of kosher meals and the insistence that he accept Common Fare meals. Plaintiff claimed that Jews who are white still receive kosher meals.
In Strickland v. Van Lanen, 2014 U.S. Dist. LEXIS 873 (ED WI, Jan. 3, 2014), a Wisconsin federal district court permitted a Muslim inmate to proceed with his complaint that strip searches in areas that lack privacy infringe his religious beliefs.
In Carmichael v. Geo Group, 2014 U.S. Dist. LEXIS 2697 (ED CA, Jan. 8, 2014), a California federal magistrate judge permitted a Muslim inmate to proceed with his complaint that he was denied a halal diet and the ability to purchase halal meat.
In Irvin v. Yates, 2014 U.S. Dist. LEXIS 2120 (ED CA, Jan. 8, 2014), a California federal magistrate judge dismissed with leave to file an amended complaint a Muslim inmate's free exercise, RLUIPA and equal protection claims.
In Sessing v. Beard, 2014 U.S. Dist. LEXIS 238 (ED CA, Jan. 2, 2013), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that his exercise of his Asatru (Odinism) faith is burdened by denial of his request for construction of an outdoor worship enclosure.
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