In Buckley v. Cook, 2018 U.S. Dist. LEXIS 59987 (SD IL, April 9, 2018), an Illinois federal district court dismissed without prejudice an inmate's complaint that the Alton County Jail did not offer formal religious services on Sundays. The court allowed him to proceed on certain unrelated claims.
In Little v. Guice, 2018 U.S. Dist. LEXIS 59995 (WD NC, April 6, 2018), a North Carolina federal district court dismissed an inmate's complaint that he was sanctioned for writing his cousin about the Moorish American faith.
In Chila v. Camden County Correctional Facility, 2018 U.S. Dist. LEXIS 60547 ( NJ, April 9, 2018), a New Jersey federal district court dismissed a female Muslim inmate's complaint that her hijab was taken from her, she was denied access to a Quran, and she could not leave her cell for religious worship.
In Johnson v. Bienkoski, 2018 U.S. Dist. LEXIS 61560 (MD PA, April 10, 2018), a Pennsylvania federal magistrate judge recommended dismissing without prejudice an inmate's complaint that his religious beads were confiscated and his commissary privileges were restricted during Ramadan.
In Robertson v. Call, 2018 Kan. App. Unpub. LEXIS 274 (KA App., April 13, 2018), a Kansas Court of Appeals agreed that a prison had not violated the Establishment Clause by limiting a Messianic Jewish inmate's visits with his rabbi to interaction through video conferencing rather than allowing face-to-face visits. It also agreed that a visit by a Christian ministries group had not violated the Establishment Clause.
Showing posts with label Prisoner cases. Show all posts
Showing posts with label Prisoner cases. Show all posts
Sunday, April 15, 2018
Monday, April 09, 2018
Recent Prisoner Free Exercise Cases
In Ackridge v. Aramark Correctional Food Services, 2018 U.S. Dist. LEXIS 54733 (SD NY, March 30, 2018), a New York federal district court in a lengthy opinion, while dismissing numerous claims, allowed a Jewish inmate to move ahead on his free exercise claim for delay in receipt of kosher meals and lack of regular Jewish religious services. The opinion includes a lengthy analysis of the state action doctrine as applied to the prison's food service contractor.
In Seamons v. Ramirez, 2018 U.S. Dist. LEXIS 55348 (D ID, March 30, 2018), an Idaho federal magistrate judge dismissed an inmate's complaint that, while in administrative segregation, he was limited to possessing no more than the five books and was not provided with regular, in-person, clergy visits.
In DePaola v. Clarke, 2018 U.S. Dist. LEXIS 55925 (WD VA, March 30, 2018), a Virginia federal district court allowed a Muslim inmate to move ahead with his claim that he was punished with reduced privileges for failing to shave his beard for religious reasons with no barbering services available to trim it, and that he was deprived of attending Jum'ah services or watching them on television.
In Allen v. Kunkel, 2018 U.S. Dist. LEXIS 56249 (D CT, April 2, 2018), a Connecticut federal district court allowed a Moorish-American inmate to move ahead with his complaint regarding denial of access to a particular book and refusal to allow him to purchase a fez. It dismissed his claim that he was denied the right to choose his nationality under the Universal Declaration of Human Rights.
In Rickman v. Martin, 2018 U.S. Dist. LEXIS 55624 (WD MI, April 2, 2018), a Michigan federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 56828, Feb. 21, 2018) and allowed a Hebrew-Israelite inmate to move ahead with complaints that his request for a religious diet was denied as was his request to purchase a kufi and Star of David pendant.
In Hall v. Annucci, 2018 U.S. Dist. LEXIS 57317 (ND NY, April 4, 2018), a New York federal district court allowed a Muslim inmate to move ahead with his amended complaint that contends he was served meals that do not comply with requirements for Halal food.
In McLendon v. Montgomery County Jail, 2018 U.S. Dist. LEXIS 58365 (MD TN, April 5, 2018), a Maryland federal district court allowed an inmate to move ahead with 1st and 8th Amendment claims against a jail chaplain contending that plaintiff was not furnished nutritionally adequate meals that complied with his religious diet.
In Allen v. Holt, 2018 U.S. Dist. LEXIS 58362 (MD TN, April 5, 2018), a Tennessee federal district court held that inmates have not alleged a substantial burden on free exercise by alleging that during religious services in their housing pod the television is on at high volume and inmates not attending the service are out of their cells talking loudly.
In Larry v. Goldsmith, 2018 U.S. Dist. LEXIS 59100 (ED WI, March 30, 2018), a Wisconsin federal district court allowed a Muslim inmate to move ahead with his complaint that officers prevented him from praying on one ocassion during
Ramadan, but dismissed for failure to exhaust administrative remedies his complaint that he was not allowed to have his meals during Ramadan later in the day.
In Wells v. Gonzales, 2018 U.S. Dist. LEXIS 59198 (ED CA, April 6, 2018), a California federal magistrate judge recommended that a Native American inmate be allowed to move ahead with his complaint that a correctional officer confiscated and handled disrespectfully a native spiritual totem of Plaintiff's which was on display for Native Heritage Month. He also can pursue retaliation claims against defendant. UPDATE: The court adopted the magistrate's recommendation at 2018 U.S. Dist. LEXIS 120099, July 17, 2018.
In Seamons v. Ramirez, 2018 U.S. Dist. LEXIS 55348 (D ID, March 30, 2018), an Idaho federal magistrate judge dismissed an inmate's complaint that, while in administrative segregation, he was limited to possessing no more than the five books and was not provided with regular, in-person, clergy visits.
In DePaola v. Clarke, 2018 U.S. Dist. LEXIS 55925 (WD VA, March 30, 2018), a Virginia federal district court allowed a Muslim inmate to move ahead with his claim that he was punished with reduced privileges for failing to shave his beard for religious reasons with no barbering services available to trim it, and that he was deprived of attending Jum'ah services or watching them on television.
In Allen v. Kunkel, 2018 U.S. Dist. LEXIS 56249 (D CT, April 2, 2018), a Connecticut federal district court allowed a Moorish-American inmate to move ahead with his complaint regarding denial of access to a particular book and refusal to allow him to purchase a fez. It dismissed his claim that he was denied the right to choose his nationality under the Universal Declaration of Human Rights.
In Rickman v. Martin, 2018 U.S. Dist. LEXIS 55624 (WD MI, April 2, 2018), a Michigan federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 56828, Feb. 21, 2018) and allowed a Hebrew-Israelite inmate to move ahead with complaints that his request for a religious diet was denied as was his request to purchase a kufi and Star of David pendant.
In Hall v. Annucci, 2018 U.S. Dist. LEXIS 57317 (ND NY, April 4, 2018), a New York federal district court allowed a Muslim inmate to move ahead with his amended complaint that contends he was served meals that do not comply with requirements for Halal food.
In McLendon v. Montgomery County Jail, 2018 U.S. Dist. LEXIS 58365 (MD TN, April 5, 2018), a Maryland federal district court allowed an inmate to move ahead with 1st and 8th Amendment claims against a jail chaplain contending that plaintiff was not furnished nutritionally adequate meals that complied with his religious diet.
In Allen v. Holt, 2018 U.S. Dist. LEXIS 58362 (MD TN, April 5, 2018), a Tennessee federal district court held that inmates have not alleged a substantial burden on free exercise by alleging that during religious services in their housing pod the television is on at high volume and inmates not attending the service are out of their cells talking loudly.
In Larry v. Goldsmith, 2018 U.S. Dist. LEXIS 59100 (ED WI, March 30, 2018), a Wisconsin federal district court allowed a Muslim inmate to move ahead with his complaint that officers prevented him from praying on one ocassion during
Ramadan, but dismissed for failure to exhaust administrative remedies his complaint that he was not allowed to have his meals during Ramadan later in the day.
In Wells v. Gonzales, 2018 U.S. Dist. LEXIS 59198 (ED CA, April 6, 2018), a California federal magistrate judge recommended that a Native American inmate be allowed to move ahead with his complaint that a correctional officer confiscated and handled disrespectfully a native spiritual totem of Plaintiff's which was on display for Native Heritage Month. He also can pursue retaliation claims against defendant. UPDATE: The court adopted the magistrate's recommendation at 2018 U.S. Dist. LEXIS 120099, July 17, 2018.
Tuesday, April 03, 2018
Recent Prisoner Free Exercise Cases
In Patterson v. Quigley, 2018 U.S. Dist. LEXIS 54165 (ED PA, March 30, 2018), a Pennsylvania federal district court refused to dismiss a Muslim inmate's complaint that the presence of guns during religious services generally prevented him from focusing on prayer, and that he was also prevented from engaging in religious exchange with other inmates.
In Muhammad v. Wheeler, 2018 U.S. Dist. LEXIS 54292 (ED AR, March 30, 2018), an Arkansas federal district court ordered that a Muslim inmate be provided a halal diet that includes one daily serving of halal meat, kosher meat or fish.
In Johnson v. Lopez, 2018 U.S. Dist. LEXIS 54348 (D NV, March 30, 2018), a Nevada federal district court allowed a Muslim inmate to proceed on his claim that he was denied adequate edible food, that he was denied his Eid al-Fitr feast in 2014, and on his request to be allowed to possess scented oils and obtain pre-dawn Ramadan meals.
In Dorsey v. Shearin, 2018 U.S. Dist. LEXIS 54440 (D MD, March 30, 2018), a Maryland federal district court dismissed a complaint by a Native American inmate that he was not allowed to attend group religious services because of his disciplinary segregation.
In Sims v. Jones, 2018 U.S. Dist. LEXIS 53094 (ND FL, March 29, 2018), a Florida federal district court adopted in part a magistrate's recommendations (2018 U.S. Dist. LEXIS 54652, March 1, 2018) and dismissed a Muslim inmate's 1st Amendment challenge to a beard length rule and strip search policy. The magistrate had concluded, however, that defendant had violated RLUIPA. The court, nevertheless, sent back to the magistrate judge for additional consideration plaintiff's RLUIPA challenges.
In Sanford v. Madison County, Illinois, 2018 U.S. Dist. LEXIS 54704 (SD IL, March 29, 2018), an Illinois federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 54709, March 1, 2018) and dismissed a Muslim inmate's complaint that the county jail did not allow Jumu'ah services to be held in a common space on Fridays, but only allowed use of a fellow-inmate's cell.
In Lombardo v. Freebern, 2018 U.S. Dist. LEXIS 54735 (SD NY, March 30, 2018), a New York federal district court dismissed without prejudice claims by a Jewish inmate at a psychiatric detention center that his free exercise was burdened by denial of religious items and grape juice, interruption of his conversation with a rabbi, delivery of a broken menorah and denial of attendance at a Passover seder.
In Muhammad v. Wheeler, 2018 U.S. Dist. LEXIS 54292 (ED AR, March 30, 2018), an Arkansas federal district court ordered that a Muslim inmate be provided a halal diet that includes one daily serving of halal meat, kosher meat or fish.
In Johnson v. Lopez, 2018 U.S. Dist. LEXIS 54348 (D NV, March 30, 2018), a Nevada federal district court allowed a Muslim inmate to proceed on his claim that he was denied adequate edible food, that he was denied his Eid al-Fitr feast in 2014, and on his request to be allowed to possess scented oils and obtain pre-dawn Ramadan meals.
In Dorsey v. Shearin, 2018 U.S. Dist. LEXIS 54440 (D MD, March 30, 2018), a Maryland federal district court dismissed a complaint by a Native American inmate that he was not allowed to attend group religious services because of his disciplinary segregation.
In Sims v. Jones, 2018 U.S. Dist. LEXIS 53094 (ND FL, March 29, 2018), a Florida federal district court adopted in part a magistrate's recommendations (2018 U.S. Dist. LEXIS 54652, March 1, 2018) and dismissed a Muslim inmate's 1st Amendment challenge to a beard length rule and strip search policy. The magistrate had concluded, however, that defendant had violated RLUIPA. The court, nevertheless, sent back to the magistrate judge for additional consideration plaintiff's RLUIPA challenges.
In Sanford v. Madison County, Illinois, 2018 U.S. Dist. LEXIS 54704 (SD IL, March 29, 2018), an Illinois federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 54709, March 1, 2018) and dismissed a Muslim inmate's complaint that the county jail did not allow Jumu'ah services to be held in a common space on Fridays, but only allowed use of a fellow-inmate's cell.
In Lombardo v. Freebern, 2018 U.S. Dist. LEXIS 54735 (SD NY, March 30, 2018), a New York federal district court dismissed without prejudice claims by a Jewish inmate at a psychiatric detention center that his free exercise was burdened by denial of religious items and grape juice, interruption of his conversation with a rabbi, delivery of a broken menorah and denial of attendance at a Passover seder.
Monday, April 02, 2018
Recent Prisoner Free Exercise Cases
In Powers v. Jones, 2018 U.S. Dist. LEXIS 50418 (MD FL, March 27, 2018), Florida federal district court allowed a Messianic Jewish inmate to move ahead against a Department of Corrections official with his complaint that authorities refused to provide him his Sabbath meal a day in advance so it would not be cooked on the Sabbath.
In March v. Aramark Corp., 2018 U.S. Dist. LEXIS 51258 (ED TN, March 28, 2018), a Tennessee federal district court allowed a Jewish inmate to move ahead with free exercise challenges regarding compliance of his meals with kosher standards and actions of correctional officials in serving him these meals. However the court rejected plaintiff's attempts to challenge more broadly the food contract and conduct of the food service provider in obtaining and fulfilling the contract.
In James v. Virginia Department of Corrections, 2018 U.S. Dist. LEXIS 51284 (WD VA, March 28, 2018), a Virginia federal district court dismissed a Jewish inmate's complaint that he was not allowed to have matzah and grape juice for Sabbath ceremonies in his cell and his complaint that a cardiac version of the Common Fare diet was not available.
In Burke v. Clarke, 2018 U.S. Dist. LEXIS 51403 (WD VA, March 27, 2018) a Virginia federal district court allowed a Rastafarian inmate to move ahead on claims that he was not allowed congregate meetings with other Rastafarians and was not allowed Rastafarian holiday meals or religious items.
In Johnson v. Secretary of Corrections, 2018 U.S. Dist. LEXIS 52357 (D MN, March 27, 2018), a New Mexico federal district court dismissed, with leave to amend, a Muslim inmate's complaint charging religious and racial discrimination when he was fired from his prison job and reassigned to a less desirable one after he left early to attend a religious service.
In Bey v. Tennessee Department of Corrections, 2018 U.S. Dist. LEXIS 52572 (ED TN, March 29, 2018), a Tennessee federal district court dismissed a Muslim inmate's complaint that he could not buy certified Halal prayer oil, and his complaint regarding the Halal food menu and timing of Ramadan trays in 2014.
In Mack v. Walker, 2018 U.S. Dist. LEXIS 53316 (SD IL, March 29, 2018), an Illinois federal district court permitted an inmate to move ahead with his complaint that he was denied access to Hebrew Israelite religious services.
In March v. Aramark Corp., 2018 U.S. Dist. LEXIS 51258 (ED TN, March 28, 2018), a Tennessee federal district court allowed a Jewish inmate to move ahead with free exercise challenges regarding compliance of his meals with kosher standards and actions of correctional officials in serving him these meals. However the court rejected plaintiff's attempts to challenge more broadly the food contract and conduct of the food service provider in obtaining and fulfilling the contract.
In James v. Virginia Department of Corrections, 2018 U.S. Dist. LEXIS 51284 (WD VA, March 28, 2018), a Virginia federal district court dismissed a Jewish inmate's complaint that he was not allowed to have matzah and grape juice for Sabbath ceremonies in his cell and his complaint that a cardiac version of the Common Fare diet was not available.
In Burke v. Clarke, 2018 U.S. Dist. LEXIS 51403 (WD VA, March 27, 2018) a Virginia federal district court allowed a Rastafarian inmate to move ahead on claims that he was not allowed congregate meetings with other Rastafarians and was not allowed Rastafarian holiday meals or religious items.
In Johnson v. Secretary of Corrections, 2018 U.S. Dist. LEXIS 52357 (D MN, March 27, 2018), a New Mexico federal district court dismissed, with leave to amend, a Muslim inmate's complaint charging religious and racial discrimination when he was fired from his prison job and reassigned to a less desirable one after he left early to attend a religious service.
In Bey v. Tennessee Department of Corrections, 2018 U.S. Dist. LEXIS 52572 (ED TN, March 29, 2018), a Tennessee federal district court dismissed a Muslim inmate's complaint that he could not buy certified Halal prayer oil, and his complaint regarding the Halal food menu and timing of Ramadan trays in 2014.
In Mack v. Walker, 2018 U.S. Dist. LEXIS 53316 (SD IL, March 29, 2018), an Illinois federal district court permitted an inmate to move ahead with his complaint that he was denied access to Hebrew Israelite religious services.
Creativity Movement Is Not A "Religion"
In Hale v. Federal Bureau of Prisons, (D CO, March 28, 2018), a Colorado federal district court in a 33-page opinion held that the White supremacist Creativity movement is not a "religion" for purposes of the Free Exercise clause of the First Amendment or the Religious Freedom Restoration Act. In reaching this conclusion, the court (applying tests from a 1996 10th Circuit opinion) said that while Creativity has many of the accoutrements of religion, several other factors weigh against accepting its claim as being religious:
Creativity lacks an ultimate belief system that addresses philosophical and existential issues such as the nature of man, whether there is life after death, what role man plays in the universe, and the like. These beliefs address only the relative positions of people of different races during their lifetimes. Thus, the Court finds that Creativity fails to address ultimate ideas or metaphysical issues because it lacks any cosmological, teleological and existential focus....
Creativity does have a moral or ethical system, found mostly in its commandments. These commandments take definitive positions on what constitutes good, evil, right, and wrong in Creativity’s belief system. However, the system is less of a system and more of a single, binary precept.... Also at the same time, Creativity creates duties to itself, not to a higher power. There is no religious connotation to Creativity’s moral or ethical system; it is entirely based on the secular concern of white supremacy....
Creativity does not attempt to answer human kind’s basic questions; it either avoids questions or to the extent it has an answer, that answer is reduced to the single-dimensional idea of white dominance.
Sunday, April 01, 2018
Recent Prisoner Free Exercise Cases
In Clark v. Daddysman, 2018 U.S. Dist. LEXIS 47976 (D MD, March 22, 2018), a Maryland federal district court dismissed an inmate's complaint that his kufi was wrongfully seized.
In Reynolds v. Beasley, 2018 U.S. Dist. LEXIS 48189 (SD MS, March 23, 2018), a Mississippi federal magistrate judge dismissed an inmate's complaint that he was not permitted to attend a Jum'ah service.
In Lanahan v. Taller, 2018 U.S. Dist. LEXIS 48669 (D MD, March 23, 2018), a Maryland federal district court dismissed a complaint by an involuntarily committed psychiatric patient that he was not permitted to go outside to conduct Native American religious ceremonies.
In Browning v. Pszczolkowski, 2018 U.S. Dist. LEXIS 49313 (ND WV, March 26, 2018), a West Virginia federal magistrate judge dismissed for failure to exhaust administrative remedies an Orthodox Jewish inmate's complaint regarding interference with various religious practices-- religious holidays, food, religious correspondence course, receipt of tefillin.
In Becker v. Carney, 2018 U.S. Dist. LEXIS 49590 (WD WA, March 26, 2018), a Washington federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 49708, Feb. 20, 2018) and dismissed a Muslim inmate's complaint that he was unable to obtain a religious diet that also met his therapeutic dietary needs. UPDATE: The dismissal was affirmed at Becker v. Carney (9th Cir., March 19, 2019).
In Reynolds v. Beasley, 2018 U.S. Dist. LEXIS 48189 (SD MS, March 23, 2018), a Mississippi federal magistrate judge dismissed an inmate's complaint that he was not permitted to attend a Jum'ah service.
In Lanahan v. Taller, 2018 U.S. Dist. LEXIS 48669 (D MD, March 23, 2018), a Maryland federal district court dismissed a complaint by an involuntarily committed psychiatric patient that he was not permitted to go outside to conduct Native American religious ceremonies.
In Browning v. Pszczolkowski, 2018 U.S. Dist. LEXIS 49313 (ND WV, March 26, 2018), a West Virginia federal magistrate judge dismissed for failure to exhaust administrative remedies an Orthodox Jewish inmate's complaint regarding interference with various religious practices-- religious holidays, food, religious correspondence course, receipt of tefillin.
In Becker v. Carney, 2018 U.S. Dist. LEXIS 49590 (WD WA, March 26, 2018), a Washington federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 49708, Feb. 20, 2018) and dismissed a Muslim inmate's complaint that he was unable to obtain a religious diet that also met his therapeutic dietary needs. UPDATE: The dismissal was affirmed at Becker v. Carney (9th Cir., March 19, 2019).
Sunday, March 25, 2018
Recent Prisoner Free Exercise Cases
In Furr v. Kelley, 2018 U.S. Dist. LEXIS 43468 (ED AR, March 16, 2018), an Arkansas federal magistrate judge recommended dismissing claims by a Native American inmate that he was denied various ceremonial objects and a religious adviser.
In Burley v. Abdellatif, 2018 U.S. Dist. LEXIS 44187 (ED MI, March 19, 2018), a Michigan federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 44390, Jan. 26, 2018) and dismissed a number of claims but allowed an inmate to move ahead with his claim that the prison physician violated his 1st Amendment protection against retaliation by refusing to treat him because he is Jewish.
In Maye v. Klee, 2018 U.S. Dist. LEXIS 44188 (ED MI, March 19, 2018), a Michigan federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 44618, Jan.24, 2018) and granted a Nation of Islam inmate summary judgment on his complaint that the prison chaplain did not permit him to participate in Eid al-Fitr celebrations. He was allowed to move ahead with a free exercise claim against one other defendant. Supplemental briefing was ordered on the issue of damages.
In Le Bourgeois v. Wolf, 2018 U.S. Dist. LEXIS 44990 (ED WI, March 19, 2018), a Wisconsin federal district court dismissed an inmate's complaint that his religious book was seized and destroyed. He was allowed to move ahead with various other claims.
In Goff v. Todd, 2018 U.S. Dist. LEXIS 46294 (ED LA, March 21, 2018), a Louisiana federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 47329, Feb. 27, 2018) and in a suit by a Muslim inmate ordered that defendants file further pleadings explaining the prison policy that prevents plaintiff from wearing kufi caps.
In Adams-Bey v. Rogers, 2018 U.S. Dist. LEXIS 46307 (WD NC, March 21, 2018), a North Carolina federal district court dismissed (unless an amended complaint is filed) a suit by an inmate claiming that he was discriminated against and insulted based on his Moorish-American religion, that his religious material was confiscated and his religion was classified as a security threat group.
In Booker v. Engelke, 2018 U.S. Dist. LEXIS 46918 (WD VA, March 22, 2018), a Virginia federal district court allowed a Nation of Islam inmate to proceed with his complaint that his free exercise rights are infringed by limits on his access to the common fare diet, the content of that diet, the requirement that he eat his meals very quickly, and his inability to observe Eid-ul-Adha.
In Cary v. Mox, 2018 U.S. Dist. LEXIS 47078 (ED MI, March 22, 2018), a Michigan federal district court adopted in part a magistrate's recommendations (2018 U.S. Dist. LEXIS 48417, Feb. 8, 2018) and denied a preliminary injunction sought by an inmate who is a member of the Native American Traditional Way. Plaintiff asked for a ban on prison authorities physically touching medicine bags and herbs as part of a rewrite of procedures for searching these items.
In Maciejka v. Williams, 2018 U.S. Dist. LEXIS 47474 (SD FL, March 21, 2018), a Florida federal magistrate judge recommended that a former inmate who is Catholic be allowed to proceed on a claim for nominal damages. Plaintiff alleged that while in prison he was unable to attend group worship, celebrate certain religious holidays, obtain spiritual advice, keep religious materials and publications, or obtain religious property such as a Rosary and Scapular.
In Rivera v. Davey, 2018 U.S. Dist. LEXIS 47691 (ED CA, March 21, 2018), a California federal magistrate judge recommended dismissing a Jewish inmate's claim that he was denied the facility chapel to practice obligatory prayers and holy day events.
In Burley v. Abdellatif, 2018 U.S. Dist. LEXIS 44187 (ED MI, March 19, 2018), a Michigan federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 44390, Jan. 26, 2018) and dismissed a number of claims but allowed an inmate to move ahead with his claim that the prison physician violated his 1st Amendment protection against retaliation by refusing to treat him because he is Jewish.
In Maye v. Klee, 2018 U.S. Dist. LEXIS 44188 (ED MI, March 19, 2018), a Michigan federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 44618, Jan.24, 2018) and granted a Nation of Islam inmate summary judgment on his complaint that the prison chaplain did not permit him to participate in Eid al-Fitr celebrations. He was allowed to move ahead with a free exercise claim against one other defendant. Supplemental briefing was ordered on the issue of damages.
In Le Bourgeois v. Wolf, 2018 U.S. Dist. LEXIS 44990 (ED WI, March 19, 2018), a Wisconsin federal district court dismissed an inmate's complaint that his religious book was seized and destroyed. He was allowed to move ahead with various other claims.
In Goff v. Todd, 2018 U.S. Dist. LEXIS 46294 (ED LA, March 21, 2018), a Louisiana federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 47329, Feb. 27, 2018) and in a suit by a Muslim inmate ordered that defendants file further pleadings explaining the prison policy that prevents plaintiff from wearing kufi caps.
In Adams-Bey v. Rogers, 2018 U.S. Dist. LEXIS 46307 (WD NC, March 21, 2018), a North Carolina federal district court dismissed (unless an amended complaint is filed) a suit by an inmate claiming that he was discriminated against and insulted based on his Moorish-American religion, that his religious material was confiscated and his religion was classified as a security threat group.
In Booker v. Engelke, 2018 U.S. Dist. LEXIS 46918 (WD VA, March 22, 2018), a Virginia federal district court allowed a Nation of Islam inmate to proceed with his complaint that his free exercise rights are infringed by limits on his access to the common fare diet, the content of that diet, the requirement that he eat his meals very quickly, and his inability to observe Eid-ul-Adha.
In Cary v. Mox, 2018 U.S. Dist. LEXIS 47078 (ED MI, March 22, 2018), a Michigan federal district court adopted in part a magistrate's recommendations (2018 U.S. Dist. LEXIS 48417, Feb. 8, 2018) and denied a preliminary injunction sought by an inmate who is a member of the Native American Traditional Way. Plaintiff asked for a ban on prison authorities physically touching medicine bags and herbs as part of a rewrite of procedures for searching these items.
In Maciejka v. Williams, 2018 U.S. Dist. LEXIS 47474 (SD FL, March 21, 2018), a Florida federal magistrate judge recommended that a former inmate who is Catholic be allowed to proceed on a claim for nominal damages. Plaintiff alleged that while in prison he was unable to attend group worship, celebrate certain religious holidays, obtain spiritual advice, keep religious materials and publications, or obtain religious property such as a Rosary and Scapular.
In Rivera v. Davey, 2018 U.S. Dist. LEXIS 47691 (ED CA, March 21, 2018), a California federal magistrate judge recommended dismissing a Jewish inmate's claim that he was denied the facility chapel to practice obligatory prayers and holy day events.
Wednesday, March 21, 2018
Recent Prisoner Free Exercise Cases
In Quiero v. Muniz, 2018 U.S. Dist. LEXIS 41981 (MD PA, March 13, 2018), a Pennsylvania federal magistrate judge recommended dismissing a Christian inmate's complaint that while in restricted housing unit for ten days, he was denied access to Bible study and church services and could not meet one-on-one with chapel staff.
In Shields v. Kahn, 2018 U.S. Dist. LEXIS 42194 (SD CA, March 14, 2018), a California federal district court allowed a Muslim inmate to move ahead on his complaint that he was denied participation in Ramadan meals. He seeks to have the Muslim chaplain rather than other inmates control Islamic services.
In Gonzalez v. Morris, 2018 U.S. Dist. LEXIS 42534 (ND NY, March 15, 2018), a New York federal district court allowed an inmate who is a practitioner of Santeria to move ahead with his complaint that his equal protection rights were infringed when he was denied matches or a lighter to burn offerings. Various other claims were dismissed.
In McCoy v. Aramark Correctional Services, 2018 U.S. Dist. LEXIS 43301 (D KA, March 16, 2018), a Kansas federal district court allowed an Orthodox Jewish inmate to move ahead with claims that the meals served to him as kosher were not prepared and served in conformity with Jewish dietary laws.
In Doyle v. United States, 2018 U.S. Dist. LEXIS 43388 (ED KY, March 16, 2018), a Kentucky federal district court allowed a Muslim inmate to move ahead with his complaint that inmates can pray only in groups of two or three. Various other claims were dismissed.
In Shields v. Kahn, 2018 U.S. Dist. LEXIS 42194 (SD CA, March 14, 2018), a California federal district court allowed a Muslim inmate to move ahead on his complaint that he was denied participation in Ramadan meals. He seeks to have the Muslim chaplain rather than other inmates control Islamic services.
In Gonzalez v. Morris, 2018 U.S. Dist. LEXIS 42534 (ND NY, March 15, 2018), a New York federal district court allowed an inmate who is a practitioner of Santeria to move ahead with his complaint that his equal protection rights were infringed when he was denied matches or a lighter to burn offerings. Various other claims were dismissed.
In McCoy v. Aramark Correctional Services, 2018 U.S. Dist. LEXIS 43301 (D KA, March 16, 2018), a Kansas federal district court allowed an Orthodox Jewish inmate to move ahead with claims that the meals served to him as kosher were not prepared and served in conformity with Jewish dietary laws.
In Doyle v. United States, 2018 U.S. Dist. LEXIS 43388 (ED KY, March 16, 2018), a Kentucky federal district court allowed a Muslim inmate to move ahead with his complaint that inmates can pray only in groups of two or three. Various other claims were dismissed.
Sunday, March 18, 2018
Recent Prisoner Free Exercise Cases
In Ralston v. Cannon, (10th Cir., March 13, 2018), the 10th Circuit held it could not review in an interlocutory appeal on qualified immunity the district court's conclusion that there was sufficient evidence to allow a reasonable juror to find that defendant intentionally interfered with plaintiff's right to free exercise by denying his kosher diet request.
In Roberts v. Perry, 2018 U.S. Dist. LEXIS 39596 (WD NC, March 9, 2018), a North Carolina federal district court dismissed with leave to amend an inmate's complaint that he was prevented from enrolling in the Messianic Faith Group to begin a weekly educational class, and that his mail (including religious correspondence and books from unauthorized sources) was stopped and another book was seized as contraband.
In Ward v. Rice, 2018 U.S. Dist. LEXIS 39884 (WD AR, March 12, 2018), an Arkansas federal district court allowed a Muslim inmate to move ahead with his complaint that prison policy bars the use of prayer rugs without alternatives being provided. The court dismissed claims regarding the inmate's food tray and temporary denial of his Quran.
In Crowe v. Marquis, 2018 U.S. Dist. LEXIS 40062 (ND OH, March 12, 2018), an Ohio federal district court dismissed a Native American inmate's complaint that his prayer pipe was lost or stolen and that he was misinformed that prison policy would allow his family to send him tobacco.
In Venkataram v. Bureau of Prisons, 2018 U.S. Dist. LEXIS 39504 (SD FL, March 9, 2018), a Florida federal district court adopted in part a magistrate's recommendation (2018 U.S. Dist. LEXIS 40075, Jan. 16, 2018) and dismissed an inmate's attempt to obtain a vegetarian diet that complies with Hindu religious requirements.
In Ali v. Eckstein, 2018 U.S. Dist. LEXIS 40878 (ED WI, March 13, 2018), a Wisconsin federal district court permitted a Muslim inmate to move ahead with his claim for nominal and punitive damages against one defendant growing out of the omission of plaintiff from the list to participate in the Ramadan meal bag program.
In Jones v. Finco, 2018 U.S. Dist. LEXIS 41191 (WD MI, March 13, 2018), a Michigan federal district court, adopting a magistrate's recommendation, dismissed a Muslim inmate's complaint about the food served to him during Ramadan.
In Mares v. LePage, 2018 U.S. Dist. LEXIS 41907 (D CO, March 13, 2018), a Colorado federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 140796, Aug. 31, 2017) and dismissed an inmate's complaint regarding impediments to changing his religious designation to Judaism, receiving kosher meals, a personal Torah and a visiting rabbi.
In Sangraal v. Godinez, 2018 U.S. Dist. LEXIS 41952 (SD IL, March 13, 2018), an Illinois federal district court awarded $1 nominal damages to a former inmate who followed pagan beliefs who challenged prisons' banning the pentacle, limiting the use of tarot cards, requiring additional screening of pagan literature, and subjecting him to religious messages in the chapel.
In Roberts v. Perry, 2018 U.S. Dist. LEXIS 39596 (WD NC, March 9, 2018), a North Carolina federal district court dismissed with leave to amend an inmate's complaint that he was prevented from enrolling in the Messianic Faith Group to begin a weekly educational class, and that his mail (including religious correspondence and books from unauthorized sources) was stopped and another book was seized as contraband.
In Ward v. Rice, 2018 U.S. Dist. LEXIS 39884 (WD AR, March 12, 2018), an Arkansas federal district court allowed a Muslim inmate to move ahead with his complaint that prison policy bars the use of prayer rugs without alternatives being provided. The court dismissed claims regarding the inmate's food tray and temporary denial of his Quran.
In Crowe v. Marquis, 2018 U.S. Dist. LEXIS 40062 (ND OH, March 12, 2018), an Ohio federal district court dismissed a Native American inmate's complaint that his prayer pipe was lost or stolen and that he was misinformed that prison policy would allow his family to send him tobacco.
In Venkataram v. Bureau of Prisons, 2018 U.S. Dist. LEXIS 39504 (SD FL, March 9, 2018), a Florida federal district court adopted in part a magistrate's recommendation (2018 U.S. Dist. LEXIS 40075, Jan. 16, 2018) and dismissed an inmate's attempt to obtain a vegetarian diet that complies with Hindu religious requirements.
In Ali v. Eckstein, 2018 U.S. Dist. LEXIS 40878 (ED WI, March 13, 2018), a Wisconsin federal district court permitted a Muslim inmate to move ahead with his claim for nominal and punitive damages against one defendant growing out of the omission of plaintiff from the list to participate in the Ramadan meal bag program.
In Jones v. Finco, 2018 U.S. Dist. LEXIS 41191 (WD MI, March 13, 2018), a Michigan federal district court, adopting a magistrate's recommendation, dismissed a Muslim inmate's complaint about the food served to him during Ramadan.
In Mares v. LePage, 2018 U.S. Dist. LEXIS 41907 (D CO, March 13, 2018), a Colorado federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 140796, Aug. 31, 2017) and dismissed an inmate's complaint regarding impediments to changing his religious designation to Judaism, receiving kosher meals, a personal Torah and a visiting rabbi.
In Sangraal v. Godinez, 2018 U.S. Dist. LEXIS 41952 (SD IL, March 13, 2018), an Illinois federal district court awarded $1 nominal damages to a former inmate who followed pagan beliefs who challenged prisons' banning the pentacle, limiting the use of tarot cards, requiring additional screening of pagan literature, and subjecting him to religious messages in the chapel.
Sunday, March 11, 2018
Recent Prisoner Free Exercise Cases
In Hardy v. Agee, 2018 U.S. App. LEXIS 5648 (6th Cir., March 5, 2018), the 6th Circuit reversed the district court's dismissal for failure to exhaust administrative remedies of a suit by a Muslim inmate claiming that while on room restriction he was prevented from attending religious services and classes.
In England v. Walsh, (9th Cir., March 9, 2018), the 9th Circuit upheld dismissal of claims regarding failure to list Nation of Islam in the Nevada Department of Corrections Religious Practice Manual, and furnishing an inmate a vegetarian diet to meet NOI dietary requirements.
In Ackbar v. Byers, 2018 U.S. Dist. LEXIS 36006 (D SC, March 5, 2018), a South Carolina federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 37278, Jan. 22, 2018) and dismissed a complaint by an inmate that his Nation of Gods and Earths material was confiscated.
In Duncan v. Lay, 2018 U.S. Dist. LEXIS 35213 (ED AR, March 5, 2018), an Arkansas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 36288, Feb. 14, 2018) and allowed an inmate to move ahead with his complaint that he has been denied access to the chapel library.
In Broyles v. Presley, 2018 U.S. Dist. LEXIS 36190 (D KA, March 6, 2018), a Kansas federal district court dismissed a suit alleging lack of kosher food brought by an inmate who says he practices the Jewish faith, Yahweh Assembly in Yahshua.
In Goddard v. Alexakos, 2018 U.S. Dist. LEXIS 36322 (ED KY, March 6, 2018), a Kentucky federal district court dismissed an inmate's complaint that the federal medical center at which he was confined only offered a general Christian religious service and would not provide a separate service for "The Way" (a non-Protestant Christian religion).
In Carawan v. Mitchell, 2018 U.S. Dist. LEXIS 36897 (WD NC, March 6, 2018), a North Carolina federal district court dismissed a Muslim inmate's complaint that the prison had discontinued the Zakat fund through which inmates could fulfill their religious obligation to give charity.
In Trainauskas v. Fralicker, 2018 U.S. Dist. LEXIS 37408 (SD IL, March 7, 2018), an Illinois federal district court allowed an inmate to move ahead with his complaint regarding disciplinary sanction related to letters he wrote about an Odinist religion known as The Guardians of Othala Kindred.
In Walker v. Harris, 2018 U.S. Dist. LEXIS 37693 (MD GA, March 8, 2018), a Georgia federal district court adopted most of a magistrate's recommendation (2018 U.S. Dist. LEXIS 38118, Feb. 9, 2018) and allowed a Muslim inmate to proceed with an excessive force claim, but not a free exercise or RLUIPA claim, regarding action against him for tucking his pants legs in his socks.
In Dawson v. Wagatsuma, 2018 U.S. Dist. LEXIS 39037 (D HI, March 9, 2018), a Hawaii federal district court dismissed an inmate's claim that he was required to denounce his Native Hawaiian Religion in order to participate in the prison's Module Contract Program.
In England v. Walsh, (9th Cir., March 9, 2018), the 9th Circuit upheld dismissal of claims regarding failure to list Nation of Islam in the Nevada Department of Corrections Religious Practice Manual, and furnishing an inmate a vegetarian diet to meet NOI dietary requirements.
In Ackbar v. Byers, 2018 U.S. Dist. LEXIS 36006 (D SC, March 5, 2018), a South Carolina federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 37278, Jan. 22, 2018) and dismissed a complaint by an inmate that his Nation of Gods and Earths material was confiscated.
In Duncan v. Lay, 2018 U.S. Dist. LEXIS 35213 (ED AR, March 5, 2018), an Arkansas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 36288, Feb. 14, 2018) and allowed an inmate to move ahead with his complaint that he has been denied access to the chapel library.
In Broyles v. Presley, 2018 U.S. Dist. LEXIS 36190 (D KA, March 6, 2018), a Kansas federal district court dismissed a suit alleging lack of kosher food brought by an inmate who says he practices the Jewish faith, Yahweh Assembly in Yahshua.
In Goddard v. Alexakos, 2018 U.S. Dist. LEXIS 36322 (ED KY, March 6, 2018), a Kentucky federal district court dismissed an inmate's complaint that the federal medical center at which he was confined only offered a general Christian religious service and would not provide a separate service for "The Way" (a non-Protestant Christian religion).
In Carawan v. Mitchell, 2018 U.S. Dist. LEXIS 36897 (WD NC, March 6, 2018), a North Carolina federal district court dismissed a Muslim inmate's complaint that the prison had discontinued the Zakat fund through which inmates could fulfill their religious obligation to give charity.
In Trainauskas v. Fralicker, 2018 U.S. Dist. LEXIS 37408 (SD IL, March 7, 2018), an Illinois federal district court allowed an inmate to move ahead with his complaint regarding disciplinary sanction related to letters he wrote about an Odinist religion known as The Guardians of Othala Kindred.
In Walker v. Harris, 2018 U.S. Dist. LEXIS 37693 (MD GA, March 8, 2018), a Georgia federal district court adopted most of a magistrate's recommendation (2018 U.S. Dist. LEXIS 38118, Feb. 9, 2018) and allowed a Muslim inmate to proceed with an excessive force claim, but not a free exercise or RLUIPA claim, regarding action against him for tucking his pants legs in his socks.
In Dawson v. Wagatsuma, 2018 U.S. Dist. LEXIS 39037 (D HI, March 9, 2018), a Hawaii federal district court dismissed an inmate's claim that he was required to denounce his Native Hawaiian Religion in order to participate in the prison's Module Contract Program.
Sunday, March 04, 2018
Recent Prisoner Free Exercise Cases
In Abdul-Aziz v. Lanigan, 2018 U.S. Dist. LEXIS 30258 (D NJ, Feb. 26, 2018), a New Jersey federal district court, while dismissing some claims, allowed Muslim inmates to move ahead with a claim for prospective injunctive relief as to daily Halal meals.
In Fisher v. Schweitzer, 2018 U.S. Dist. LEXIS 33166 (SD OH, March 1, 2018), an Ohio federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 33457, Jan. 2, 2018) and dismissed an inmate's complaint that the warden stopped him from attending church as a way of punishing him for being the victim of an assault.
In Thomas v. Waugh, 2018 U.S. Dist. LEXIS 33541 (ND NY, Feb. 28, 2018), a New York federal magistrate judge recommended allowing plaintiff, an African American of the Jewish-Hebrew faith, to proceed with his 1st Amendment free exercise claim growing out of the refusal by authorities to allow him to wear a tam as an alternative form of Jewish head covering. UPDATE: The magistrate's recommendation was adopted by the court at 2018 U.S. Dist. LEXIS 50282, March 27, 2018.
In Moore v. Jay, 2018 U.S. Dist. LEXIS 34078 (WD OK, March 2, 2018),an Oklahoma federal district court refused at this point to dismiss a suit by a Muslim inmate who alleged that while he agreed to accept kosher food in place of halal food, he was intentionally deceived about the kosher status of the meals he was served.
In Fisher v. Schweitzer, 2018 U.S. Dist. LEXIS 33166 (SD OH, March 1, 2018), an Ohio federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 33457, Jan. 2, 2018) and dismissed an inmate's complaint that the warden stopped him from attending church as a way of punishing him for being the victim of an assault.
In Thomas v. Waugh, 2018 U.S. Dist. LEXIS 33541 (ND NY, Feb. 28, 2018), a New York federal magistrate judge recommended allowing plaintiff, an African American of the Jewish-Hebrew faith, to proceed with his 1st Amendment free exercise claim growing out of the refusal by authorities to allow him to wear a tam as an alternative form of Jewish head covering. UPDATE: The magistrate's recommendation was adopted by the court at 2018 U.S. Dist. LEXIS 50282, March 27, 2018.
In Moore v. Jay, 2018 U.S. Dist. LEXIS 34078 (WD OK, March 2, 2018),an Oklahoma federal district court refused at this point to dismiss a suit by a Muslim inmate who alleged that while he agreed to accept kosher food in place of halal food, he was intentionally deceived about the kosher status of the meals he was served.
Saturday, March 03, 2018
Inmate Is Not "Employee" Under Title VII
A Texas federal magistrate's decision in Smith v. Gonzales, 2018 U.S. Dist. LEXIS 31836 (ND TX, Feb. 2, 2018), adopted by the court at 2018 U.S. Dist. LEXIS 30160 (Feb. 26, 2018), rejected a Title VII religious discrimination claim filed by a state prison inmate. Plaintiff David Wayne Smith alleged religious discrimination because he was required to work in his prison job on the Sabbath. The court, relying in part on a 1986 EEOC opinion, held that the inmate is not an "employee" for purposes of Title VII of the 1964 Civil Rights Act.
Sunday, February 25, 2018
Recent Prisoner Free Exercise Cases
In Dunham v. Wainwright, (5th Cir., Feb. 22, 2018), the 5th Circuit affirmed the dismissal of an inmate's complaint that limits on the number of letters he can send at state expense interferes with his right to send correspondence to religious organizations.
In Jordan v. Commonwealth, (VA Sup. Ct., Feb. 22, 2018), the Virginia Supreme Court upheld a lower court's refusal to allow an inmate to change his name after he underwent a religious conversion. The inmate conceded that the denial would not hinder his free exercise of religion.
In Gillen v. Parker, 2018 U.S. Dist. LEXIS 26881 (MD TN, Feb. 20, 2018), a Tennessee federal magistrate judge recommended upholding a prison's requirement that Musliim inmates must register their religion in order to participate in Ramadan and Eid al-Fitr celebrations.
In Clemens v. Warden, 2018 U.S. Dist. LEXIS 27146 (ED PA, Feb. 20, 2018), a Pennsylvania federal district court dismissed an inmate's complaint that one of his two Bibles was confiscated.
In Dawdy v. Allen, 2018 U.S. Dist. LEXIS 27207 (ED MO, Feb. 21, 2018), a Missouri federal district court allowed a Jewish inmate to move ahead with a variety of complaints regarding the availability of kosher meals on holidays and the Sabbath; the requirement that there be 5 members for a religious community to have access to materials and services; and the denial of canteen funds for Jewish needs.
In Thomas v. Lakin, 2018 U.S. Dist. LEXIS 27576 (SD IL, Feb. 21, 2018), an Illinois federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 27639, Jan. 22, 2018) and dismissed as moot an inmate's complaint that his requests for a copy of the Qur'an, a prayer mat, religious services, and a religious diet were denied.
In Hartney v. Butcher, 2018 U.S. Dist. LEXIS 28765 (SD TX, Feb. 21, 2018), a Texas federal district court dismissed a Native American inmate's complaint that some of his religious articles were confiscated.
In Hearns v. Gonzales, 2018 U.S. Dist. LEXIS 28959 (ED CA, Feb. 22, 2018), a California federal magistrate judge allowed a Muslim former inmate to move ahead with his retaliation and free exercise claims growing out of a correctional officer's pouring bleach on, and confiscating, his prayer rug.
In Jordan v. Commonwealth, (VA Sup. Ct., Feb. 22, 2018), the Virginia Supreme Court upheld a lower court's refusal to allow an inmate to change his name after he underwent a religious conversion. The inmate conceded that the denial would not hinder his free exercise of religion.
In Gillen v. Parker, 2018 U.S. Dist. LEXIS 26881 (MD TN, Feb. 20, 2018), a Tennessee federal magistrate judge recommended upholding a prison's requirement that Musliim inmates must register their religion in order to participate in Ramadan and Eid al-Fitr celebrations.
In Clemens v. Warden, 2018 U.S. Dist. LEXIS 27146 (ED PA, Feb. 20, 2018), a Pennsylvania federal district court dismissed an inmate's complaint that one of his two Bibles was confiscated.
In Dawdy v. Allen, 2018 U.S. Dist. LEXIS 27207 (ED MO, Feb. 21, 2018), a Missouri federal district court allowed a Jewish inmate to move ahead with a variety of complaints regarding the availability of kosher meals on holidays and the Sabbath; the requirement that there be 5 members for a religious community to have access to materials and services; and the denial of canteen funds for Jewish needs.
In Thomas v. Lakin, 2018 U.S. Dist. LEXIS 27576 (SD IL, Feb. 21, 2018), an Illinois federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 27639, Jan. 22, 2018) and dismissed as moot an inmate's complaint that his requests for a copy of the Qur'an, a prayer mat, religious services, and a religious diet were denied.
In Hartney v. Butcher, 2018 U.S. Dist. LEXIS 28765 (SD TX, Feb. 21, 2018), a Texas federal district court dismissed a Native American inmate's complaint that some of his religious articles were confiscated.
In Hearns v. Gonzales, 2018 U.S. Dist. LEXIS 28959 (ED CA, Feb. 22, 2018), a California federal magistrate judge allowed a Muslim former inmate to move ahead with his retaliation and free exercise claims growing out of a correctional officer's pouring bleach on, and confiscating, his prayer rug.
Sunday, February 18, 2018
Recent Prisoner Free Exercise Cases
In Mikell v. Folino, (3d Cir., Feb. 13, 2018), the 3rd Circuit affirmed the dismissal of an inmate's complaint that he did not receive Ramadan meals.
In Corbett v. Annucci, 2018 U.S. Dist. LEXIS 24291 (SD NY, Feb. 13, 2018), a New York federal district court allowed an inmate to move ahead with claims for injunctive relief alleging that he did not receive Halal meals.
In Jones v. Annucci, 2018 U.S. Dist. LEXIS 24359 (SD NY, Feb. 13, 2018), a New York federal district court dismissed an inmate's complaint that he was required to change his religious registration from Islam to Shia before he could participate in Shia religious events.
In Thomas v. Slusher, 2018 U.S. Dist. LEXIS 25916 (ND OH, Feb. 16, 2018), an Ohio federal district court dismissed an inmate's complaint that he was transferred out of the faith-based prison unit.
In Woods v. Paramo, 2018 U.S. Dist. LEXIS 25989 (SD CA, Feb. 15, 2018), a California federal court allowed an inmate to move ahead with his suit challenging delays in providing a kosher diet when he is transferred for extensive periods.
In Corbett v. Annucci, 2018 U.S. Dist. LEXIS 24291 (SD NY, Feb. 13, 2018), a New York federal district court allowed an inmate to move ahead with claims for injunctive relief alleging that he did not receive Halal meals.
In Jones v. Annucci, 2018 U.S. Dist. LEXIS 24359 (SD NY, Feb. 13, 2018), a New York federal district court dismissed an inmate's complaint that he was required to change his religious registration from Islam to Shia before he could participate in Shia religious events.
In Thomas v. Slusher, 2018 U.S. Dist. LEXIS 25916 (ND OH, Feb. 16, 2018), an Ohio federal district court dismissed an inmate's complaint that he was transferred out of the faith-based prison unit.
In Woods v. Paramo, 2018 U.S. Dist. LEXIS 25989 (SD CA, Feb. 15, 2018), a California federal court allowed an inmate to move ahead with his suit challenging delays in providing a kosher diet when he is transferred for extensive periods.
Sunday, February 11, 2018
Recent Prisoner Free Exercise Cases
In Fox v. Lee, 2018 U.S. Dist. LEXIS 19402 (ND NY, Feb. 5, 2018), a New York federal magistrate judge recommended denying an inmate's motion for summary judgment in his suit claiming to be an adherent of the Anuaki religion and needing to wear his hair in a Mohawk cut for religious reasons.
In Blackbear v. Butler County Jail, 2018 U.S. Dist. LEXIS 19935 (D KA, Feb. 7, 2018), a Kansas federal district court rejected an inmate's complaint that for 3 weeks he was denied a special diet he needed for religious reasons.
In Sajous v. Withers, 2018 U.S. Dist. LEXIS 20191 (SD FL, Feb. 6, 2018), a Florida federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 20820, Jan. 16, 2018) and dismissed an inmate's complaint that a Haitian Flag Day ceremonial meal was canceled and that he is unable to practice his Vodoo religion.
In Williams v. Paramo, 2018 U.S. Dist. LEXIS 21191 (SD CA, Feb. 7, 2018), a California federal district court allowed an inmate to move ahead with his complaint that he was not allowed to participate in Ramadan in 2017.
In Icangelo v. County of Suffolk, 2018 U.S. Dist. LEXIS 21903 (ED NY, Feb. 8, 2018), a New York federal magistrate judge allowed an inmate to move ahead with this complaint that for 6 weeks he was not allowed to attend Jummah religious services. UPDATE: The magistrate's opinion was adopted by the court at 2018 U.S. Dist. LEXIS 32754 (Feb. 28, 2018).
In Blackbear v. Butler County Jail, 2018 U.S. Dist. LEXIS 19935 (D KA, Feb. 7, 2018), a Kansas federal district court rejected an inmate's complaint that for 3 weeks he was denied a special diet he needed for religious reasons.
In Sajous v. Withers, 2018 U.S. Dist. LEXIS 20191 (SD FL, Feb. 6, 2018), a Florida federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 20820, Jan. 16, 2018) and dismissed an inmate's complaint that a Haitian Flag Day ceremonial meal was canceled and that he is unable to practice his Vodoo religion.
In Williams v. Paramo, 2018 U.S. Dist. LEXIS 21191 (SD CA, Feb. 7, 2018), a California federal district court allowed an inmate to move ahead with his complaint that he was not allowed to participate in Ramadan in 2017.
In Icangelo v. County of Suffolk, 2018 U.S. Dist. LEXIS 21903 (ED NY, Feb. 8, 2018), a New York federal magistrate judge allowed an inmate to move ahead with this complaint that for 6 weeks he was not allowed to attend Jummah religious services. UPDATE: The magistrate's opinion was adopted by the court at 2018 U.S. Dist. LEXIS 32754 (Feb. 28, 2018).
Tuesday, February 06, 2018
Recent Prisoner Free Exercise Cases
In Michalski v. Semple, 2018 U.S. Dist. LEXIS 13382 (D CT, Jan. 28, 2018), a Connecticut federal district court allowed a Native American inmate t move ahead with his complaint that officials refused to provide adequate winter clothing during his smudging times. It also permitted adding of a defendant to his complaint over denial of smudging.
In Stoltzfus v. Hutchins, 2018 U.S. Dist. LEXIS 14539 (SD IN, Jan. 30, 2018), an Indiana federal district court dismissed an inmate's claim that he was denied access to a Bible.
In Slater v. Askew, 2018 U.S. Dist. LEXIS 14757 (MD AL, Jan. 30, 2018), an Alabama federal magistrate judge recommended dismissing for failure to exhaust administrative remedies a Muslim inmate's complaint regarding wearing a beard, religious services and classes, religious mail, religious ID cards and other religious items. UPDATE: The court adopted the recommendation at 2018 U.S. Dist. LEXIS 30940 (Feb. 27, 2018).
In Staples v. Bellafonte, 2018 U.S. Dist. LEXIS 14950 (D NJ, Jan. 26, 2018), a New Jersey federal district court dismissed an inmate's free exercise and religious discrimination claims against a county jail.
In Wright v. Stallone, 2018 U.S. Dist. LEXIS 15732 (ND NY, Jan. 31, 2018), a New York federal district court issued a preliminary injunction allowing a Muslim inmate to engage in individual demonstrable prayer during outdoor recreation, but denied a preliminary injunction as to group prayer.
In Pouncil v. Sherman, 2018 U.S. Dist. LEXIS 15961 (ED CA, Jan.31, 2018), a California federal magistrate judge dismissed with leave to amend a Muslim inmate's complaint that he was denied meals on one night of Ramadan.
In Stoltzfus v. Hutchins, 2018 U.S. Dist. LEXIS 14539 (SD IN, Jan. 30, 2018), an Indiana federal district court dismissed an inmate's claim that he was denied access to a Bible.
In Slater v. Askew, 2018 U.S. Dist. LEXIS 14757 (MD AL, Jan. 30, 2018), an Alabama federal magistrate judge recommended dismissing for failure to exhaust administrative remedies a Muslim inmate's complaint regarding wearing a beard, religious services and classes, religious mail, religious ID cards and other religious items. UPDATE: The court adopted the recommendation at 2018 U.S. Dist. LEXIS 30940 (Feb. 27, 2018).
In Staples v. Bellafonte, 2018 U.S. Dist. LEXIS 14950 (D NJ, Jan. 26, 2018), a New Jersey federal district court dismissed an inmate's free exercise and religious discrimination claims against a county jail.
In Wright v. Stallone, 2018 U.S. Dist. LEXIS 15732 (ND NY, Jan. 31, 2018), a New York federal district court issued a preliminary injunction allowing a Muslim inmate to engage in individual demonstrable prayer during outdoor recreation, but denied a preliminary injunction as to group prayer.
In Pouncil v. Sherman, 2018 U.S. Dist. LEXIS 15961 (ED CA, Jan.31, 2018), a California federal magistrate judge dismissed with leave to amend a Muslim inmate's complaint that he was denied meals on one night of Ramadan.
Sunday, January 28, 2018
Recent Prisoner Free Exercise Cases
In Tehuti v. Robinson, 2018 U.S. Dist. LEXIS 9370 (WD VA, Jan. 22, 2018), a Virginia federal district court allowed an inmate to move ahead with his claim that the African American Church should be recognized and its religious services accommodated.
In Scally v. Arsaunt, 2018 U.S. Dist. LEXIS 9915 (ED CA, Jan. 19, 2018), a California federal magistrate judge recommended that a Muslim inmate be allowed to move ahead with his complaint that he was strip searched in the presence of female staff members.
In Al-Fuduyi v. California City Facility, 2018 U.S. Dist. LEXIS 10049 (ED CA, Jan. 22, 2018), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that Muslim religious services were not available.
In Tripati v. Corizon Inc., 2018 U.S. Dist. LEXIS 10532 (D AZ, Jan. 23, 2018), an Arizona federal district court dismissed a Hindu inmate's complaint that he could not receive a diet that met both his medical and his religious needs.
In Chappell v. Gilmore, 2018 U.S. Dist. LEXIS 10655 (WD PA, Jan. 22, 2018), a Pennsylvania federal magistrate judge recommended dismissing an inmate's complaint that he was not allowed to attend Nation of Islam services before he changed his religious preference registration.
In McClain v. Murry, 2018 U.S. Dist. LEXIS 10763 (ED PA, Jan. 19, 2018), a Pennsylvania federal district court dismissed with leave to amand an inmate's claim that he was denied religious materials.
In Rahman v. Grafton Correctional Institution, 2018 U.S. Dist. LEXIS 11559 (ND OH, Jan. 24, 2018), an Ohio federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 11562, Jan. 8, 2018) and dismissed for failure to exhaust administrative remedies dismissed a Muslim inmate's complaint about remarks from officers about his religion.
In Love v. Melvin, 2018 U.S. Dist. LEXIS 11810 (CD IL, Jan. 25, 2018), an Illinois federal district court allowed a Muslim inmate to move ahead with his complaint that he was wrongly removed from the Ramadan list.
In Prosha v. Robinson, 2018 U.S. Dist. LEXIS 12574 (ED VA, Jan. 25, 2018), a Virginia federal district court allowed a House of Yahweh member to move ahead against one defendant on his claim he was provided religiously inadequate meals during Passover.
In Carawan v. Mitchell, 2018 U.S. Dist. LEXIS 13081 (WD NC, Jan. 26, 2018), a North Carolina federal district court allowed a Muslim inmate to move ahead with his complaint that he was forced to reduce the number of books in his possession, which necessarily required him to eliminate religious and legal books.
In Scally v. Arsaunt, 2018 U.S. Dist. LEXIS 9915 (ED CA, Jan. 19, 2018), a California federal magistrate judge recommended that a Muslim inmate be allowed to move ahead with his complaint that he was strip searched in the presence of female staff members.
In Al-Fuduyi v. California City Facility, 2018 U.S. Dist. LEXIS 10049 (ED CA, Jan. 22, 2018), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that Muslim religious services were not available.
In Tripati v. Corizon Inc., 2018 U.S. Dist. LEXIS 10532 (D AZ, Jan. 23, 2018), an Arizona federal district court dismissed a Hindu inmate's complaint that he could not receive a diet that met both his medical and his religious needs.
In Chappell v. Gilmore, 2018 U.S. Dist. LEXIS 10655 (WD PA, Jan. 22, 2018), a Pennsylvania federal magistrate judge recommended dismissing an inmate's complaint that he was not allowed to attend Nation of Islam services before he changed his religious preference registration.
In McClain v. Murry, 2018 U.S. Dist. LEXIS 10763 (ED PA, Jan. 19, 2018), a Pennsylvania federal district court dismissed with leave to amand an inmate's claim that he was denied religious materials.
In Rahman v. Grafton Correctional Institution, 2018 U.S. Dist. LEXIS 11559 (ND OH, Jan. 24, 2018), an Ohio federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 11562, Jan. 8, 2018) and dismissed for failure to exhaust administrative remedies dismissed a Muslim inmate's complaint about remarks from officers about his religion.
In Love v. Melvin, 2018 U.S. Dist. LEXIS 11810 (CD IL, Jan. 25, 2018), an Illinois federal district court allowed a Muslim inmate to move ahead with his complaint that he was wrongly removed from the Ramadan list.
In Prosha v. Robinson, 2018 U.S. Dist. LEXIS 12574 (ED VA, Jan. 25, 2018), a Virginia federal district court allowed a House of Yahweh member to move ahead against one defendant on his claim he was provided religiously inadequate meals during Passover.
In Carawan v. Mitchell, 2018 U.S. Dist. LEXIS 13081 (WD NC, Jan. 26, 2018), a North Carolina federal district court allowed a Muslim inmate to move ahead with his complaint that he was forced to reduce the number of books in his possession, which necessarily required him to eliminate religious and legal books.
Tuesday, January 23, 2018
Supreme Court Review Sought In Prisoner Free Exercise Case
Yesterday, a petition for certiorari (full text) was filed with the U.S. Supreme Court in Hoever v. Belleis. In the case, the 11th Circuit held that denial of an English language Bible and devotional materials to an inmate for 20 days while in disciplinary confinement did not impose a substantial burden on his religious exercise. (See prior posting.) The petition for review argues that the 11th Circuit created a circuit split by holding that only a burden on a practice mandated by a prisoner’s faith can constitute a substantial burden. It also seeks review on the issue of the availability of compensatory damages in prisoner cases alleging 1st Amendment violations.
Sunday, January 21, 2018
Recent Prisoner Free Exercise Cases
In Ollie v. Illinois Department of Corrections, 2018 U.S. Dist. LEXIS 6684 (SD IL, Jan. 16, 2018), an Illinois federal district court dismissed a Christian inmate's complaint that he was not allowed to attend congregate religious services while in the Staff Assaulter Program.
In Jackson v. Climmer, 2018 U.S. Dist. LEXIS 6656 (D OR, Jan. 16, 2018), an Oregon federal district court adopted a magistrate's recommendations (2017 U.S. Dist. LEXIS 215490, Nov. 22, 2017) and dismissed an inmate's allegations that pork was included in his diet.
In Thompson v. Premo, 2018 U.S. Dist. LEXIS 7907 (D OR, Jan. 16, 2018), an Oregon federal district court, in an inmate's challenge to his sentence, rejected his argument that jurors' free exercise rights were infringed when jurors were death-qualified for the guilt phase of his trial.
In Braziel v. Roy, 2018 U.S. Dist. LEXIS 7106 (D MN, Jan. 17, 2018), a Minnesota federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 215627, Dec. 21, 2017) and dismissed a Muslim inmate's complaint regarding his suspension from the religious diet program and the policy underlying his suspension.
In Ramsey v. Fischer, 2018 U.S. Dist. LEXIS 9114 (WD NY, Jan. 18, 2018), a New York federal magistrate judge recommended dismissing an inmate's complaint that upon transfer it took a week for him to be placed on the kosher meal plan and another month to receive matzah and grape juice for Friday evening Sabbath services.
In Jackson v. Climmer, 2018 U.S. Dist. LEXIS 6656 (D OR, Jan. 16, 2018), an Oregon federal district court adopted a magistrate's recommendations (2017 U.S. Dist. LEXIS 215490, Nov. 22, 2017) and dismissed an inmate's allegations that pork was included in his diet.
In Thompson v. Premo, 2018 U.S. Dist. LEXIS 7907 (D OR, Jan. 16, 2018), an Oregon federal district court, in an inmate's challenge to his sentence, rejected his argument that jurors' free exercise rights were infringed when jurors were death-qualified for the guilt phase of his trial.
In Braziel v. Roy, 2018 U.S. Dist. LEXIS 7106 (D MN, Jan. 17, 2018), a Minnesota federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 215627, Dec. 21, 2017) and dismissed a Muslim inmate's complaint regarding his suspension from the religious diet program and the policy underlying his suspension.
In Ramsey v. Fischer, 2018 U.S. Dist. LEXIS 9114 (WD NY, Jan. 18, 2018), a New York federal magistrate judge recommended dismissing an inmate's complaint that upon transfer it took a week for him to be placed on the kosher meal plan and another month to receive matzah and grape juice for Friday evening Sabbath services.
Sunday, January 14, 2018
Recent Prisoner Free Exercise Cases
In Carter v. Fleming, (4th Cir., Jan. 8, 2018), the 4th Circuit reversed the district court's grant of summary judgment to defendants in an inmate's suit claiming that the Common Fare menu does not comply with Nation of Islam dietary restrictions because it includes fried foods and challenging his suspension from the Common Fare diet.
In Brooks v. Williams, 2018 U.S. Dist. LEXIS 3050 (Jan. 8, 2018), an Illinois federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 214438, Dec. 19, 2017) and refused to dismiss on exhaustion grounds an inmate's claim that he was denied access to Rastafari Sabbath services.
In Newman v. Grzegorek, 2018 U.S. Dist. LEXIS 3626 (ND IN, Jan. 9, 2018), an Indiana federal district court allowed an inmate to move ahead whit his challenge to jail policies that prevented him from attending church services and Bible study.
In Trisvan v. Annucci, 2018 U.S. Dist. LEXIS 3851 (ED NY, Jan. 9, 2018), a New York federal district court dismissed with leave to file an amended complaint a parolee's claim that his curfew and travel conditions prohibit him from praying at a mosque and participating in Ramadan between 9:00 PM and 7:00 AM, and from making a pilgrimage to Mecca.
In Canseco v. Spearman, 2018 U.S. Dist. LEXIS 3991 (ED CA, Jan. 9, 2018), a California federal magistrate judge dismissed a Muslim inmate's complaint that he was not allowed to attend evening religious activities in the dining hall during Ramadan.
In Wallace v. Ducart, 2018 U.S. Dist. LEXIS 4684 (ND CA, Jan. 10, 2018), a California federal magistrate judge dismissed with leave to amend an inmate's claim that he was required to strip in front of female guards in violation of his religious beliefs, and was not allowed to properly clean himself before prayer.
In Hatcher v. Trotter, 2018 U.S. Dist. LEXIS 4926 (WD TN, Jan. 11, 2018), a Tennessee federal district court, adopting a magistrate's recommendation (2017 U.S. Dist. LEXIS 215104, Dec. 20, 2017) dismissed an inmate's complaint that he was unable to attend Sunday religious services on one occasion due to a lock down.
In Rivera v. Davey, 2018 U.S. Dist. LEXIS 5422 (ED CA, Jan. 10, 2018), a California federal magistrate judge recommended dismissing an inmate's complaint that he was denied the opportunity to perform obligatory Jewish prayer services and holy day events.
In Brooks v. Williams, 2018 U.S. Dist. LEXIS 3050 (Jan. 8, 2018), an Illinois federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 214438, Dec. 19, 2017) and refused to dismiss on exhaustion grounds an inmate's claim that he was denied access to Rastafari Sabbath services.
In Newman v. Grzegorek, 2018 U.S. Dist. LEXIS 3626 (ND IN, Jan. 9, 2018), an Indiana federal district court allowed an inmate to move ahead whit his challenge to jail policies that prevented him from attending church services and Bible study.
In Trisvan v. Annucci, 2018 U.S. Dist. LEXIS 3851 (ED NY, Jan. 9, 2018), a New York federal district court dismissed with leave to file an amended complaint a parolee's claim that his curfew and travel conditions prohibit him from praying at a mosque and participating in Ramadan between 9:00 PM and 7:00 AM, and from making a pilgrimage to Mecca.
In Canseco v. Spearman, 2018 U.S. Dist. LEXIS 3991 (ED CA, Jan. 9, 2018), a California federal magistrate judge dismissed a Muslim inmate's complaint that he was not allowed to attend evening religious activities in the dining hall during Ramadan.
In Wallace v. Ducart, 2018 U.S. Dist. LEXIS 4684 (ND CA, Jan. 10, 2018), a California federal magistrate judge dismissed with leave to amend an inmate's claim that he was required to strip in front of female guards in violation of his religious beliefs, and was not allowed to properly clean himself before prayer.
In Hatcher v. Trotter, 2018 U.S. Dist. LEXIS 4926 (WD TN, Jan. 11, 2018), a Tennessee federal district court, adopting a magistrate's recommendation (2017 U.S. Dist. LEXIS 215104, Dec. 20, 2017) dismissed an inmate's complaint that he was unable to attend Sunday religious services on one occasion due to a lock down.
In Rivera v. Davey, 2018 U.S. Dist. LEXIS 5422 (ED CA, Jan. 10, 2018), a California federal magistrate judge recommended dismissing an inmate's complaint that he was denied the opportunity to perform obligatory Jewish prayer services and holy day events.
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