In Njie v. Yurkovich, (7th Cir., Jan. 5, 2018), the 7th Circuit vacated the district court's dismissal of a lawsuit by a Rastafarian inmate, concluding that the district court wrongly concluded that all the claims were duplicative of those in another pending lawsuit.
In Hoskins v. Spiller, 2018 U.S. Dist. LEXIS 364 (SD IL, Jan. 2, 2017), an Illinois federal district court dis missed without prejudice a Muslim inmate's complaint about religious diet and Ramadan observance. It severed and allowed plaintiff to pursue separately complaints about prayer conditions and religious diet at another institution to which he was transferred.
In LeBaron v. Massachusetts Partnership for Correctional Healthcare, 2017 U.S. Dist. LEXIS 213577 (D MA, Dec. 1, 2017), a Massachusetts federal magistrate judge recommended dismissing claims by a Messianic Jewish inmate that labeling him with a psychiatric condition and forcing him to take mental health drugs substantially burdens his free exercise of religion.
In Aguilar v. Linderman, 2018 U.S. Dist. LEXIS 954 (D AZ, Jan. 2, 2018), an Arizona federal district court allowed an inmate who is an adherent of Assembly of Yahuwah-Is to move ahead with his complaint regarding a religious diet, but dismissed claims of inadequate religious feast meals and refusal to deliver religious literature mailed to him.
In Wonsch v. Garner, 2018 U.S. Dist. LEXIS 74 (WD OK, Jan. 2, 2018), an Oklahoma federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 213803, Nov. 22, 2017) and dismissed an inmate's claim that he was denied access to clergy, and was requred to take an 8-week Bible study course to be approved for baptism.
In Townsend v. Ouellette, 2018 U.S. Dist. LEXIS 1427 (WD MI, Jan. 4, 2017), a Michigan federal district court allowed a Buddhist inmate to move ahead with his complaint that he was denied a vegan-compliant Vitamin B-12 supplement, but dismissed his complaints regarding religious oil restrictions and denial of a PSA blood test in place of a digital rectal exam that violates his religious beliefs.
In Watford v. Newbold, 2018 U.S. Dist. LEXIS 1636 (SD IL, Jan. 4, 2018), and Illinois federal district court dismissed an inmate's claim that denial of dental and medical treatment violates his religious obligation to properly care for his body.
Showing posts with label Prisoner cases. Show all posts
Showing posts with label Prisoner cases. Show all posts
Sunday, January 07, 2018
Sunday, December 31, 2017
Recent Prisoner Free Exercise Cases
In Smith v. Murphy, 2017 Conn. Super. LEXIS 4974 (CT Super., Nov. 28, 2017), a Connecticut trial court dismissed an inmate's complaints that his religious oils and his gold chain and cross were placed in temporary storage; however the court allowed him to move ahead on his claim that his oils were wrongly classified as contraband.
In Kollock v. Beemer, 2017 Pa. Commw. Unpub. LEXIS 883 (NPA Commnw. Ct., Nov. 39, 2917), a Pennsylvania state appeals court rejected an inmate's claim that the sex offender treatment program required for parole forces him to admit guilt in violation of his religious convictions by forcing him to bear false witness against himself.
In Riddick v. Department of Corrections, 2017 U.S. Dist. LEXIS 211696 (WD VA, Dec. 26, 2017), a Virginia federal district court dismissed an inmate's complaints that his request for Passover participation and food were not processed, was denied the Common Fare diet, and was not permitted to celebrate both Passover and Ramadan.
In Leibelson v. Collins, 2017 U.S. Dist. LEXIS 212026 (SD WV, Dec. 27, 2017), dismissed the claim by a former inmate who is a transgender woman that her rights were infringed when she was removed from chapel which she was attending. She attended so she could spend time with another inmate with whom she was having intimate relations.
In Orozco v. Kernan, 2017 U.S. Dist. LEXIS 212146 (ED CA, Dec. 26, 2017), a California federal magistrate judge dismissed with leave to amend a Jewish inmate's complaint that Jewish inmates are spread out among institutions so that none of the locations have ten men for a prayer minyan.
In Monroe v. Gerbing, 2017 U.S. Dist. LEXIS 212172 (SD NY, Dec. 27, 2017), a New York federal district court allowed a Muslim inmate to move ahead with his complaint that during Ramadan, his medications were delivered during fasting hours.
In United States v. Parson, 2017 U.S. Dist. LEXIS 213201 (D NE, Dec. 29, 2017), a Nebraska federal district court ordered an inmate to submit to tuberculosis testing, rejecting his claim that this impermissibly violates his religious rights.
In Kollock v. Beemer, 2017 Pa. Commw. Unpub. LEXIS 883 (NPA Commnw. Ct., Nov. 39, 2917), a Pennsylvania state appeals court rejected an inmate's claim that the sex offender treatment program required for parole forces him to admit guilt in violation of his religious convictions by forcing him to bear false witness against himself.
In Riddick v. Department of Corrections, 2017 U.S. Dist. LEXIS 211696 (WD VA, Dec. 26, 2017), a Virginia federal district court dismissed an inmate's complaints that his request for Passover participation and food were not processed, was denied the Common Fare diet, and was not permitted to celebrate both Passover and Ramadan.
In Leibelson v. Collins, 2017 U.S. Dist. LEXIS 212026 (SD WV, Dec. 27, 2017), dismissed the claim by a former inmate who is a transgender woman that her rights were infringed when she was removed from chapel which she was attending. She attended so she could spend time with another inmate with whom she was having intimate relations.
In Orozco v. Kernan, 2017 U.S. Dist. LEXIS 212146 (ED CA, Dec. 26, 2017), a California federal magistrate judge dismissed with leave to amend a Jewish inmate's complaint that Jewish inmates are spread out among institutions so that none of the locations have ten men for a prayer minyan.
In Monroe v. Gerbing, 2017 U.S. Dist. LEXIS 212172 (SD NY, Dec. 27, 2017), a New York federal district court allowed a Muslim inmate to move ahead with his complaint that during Ramadan, his medications were delivered during fasting hours.
In United States v. Parson, 2017 U.S. Dist. LEXIS 213201 (D NE, Dec. 29, 2017), a Nebraska federal district court ordered an inmate to submit to tuberculosis testing, rejecting his claim that this impermissibly violates his religious rights.
Sunday, December 24, 2017
Recent Prisoner Free Exercise Cases
In Howard v. Joyce Meyer Ministries, 2017 U.S. Dist. LEXIS 207022 (ED WI, Dec. 18, 2017), a Wisconsin federal district court dismissed an inmate's complaint that the prison promoted Christianity through a Library drawing, a gift bag give away, and Christian radio programming, as well as his claim that he was not allowed to possess a Buddha emblem necklace.
In Cooper v. Bower, 2017 U.S. Dist. LEXIS 207350 (WD KY, Dec. 15, 2017), a Kentucky federal district court held that correctional officers were entitled to qualified immunity as to their rejection of a Qur'an that had been mailed to plaintiff inmate.
In Spearman v. Williams, 2017 U.S. Dist. LEXIS 208111 (WD MI, Dec. 19, 2017), a Michigan federal district court dismissed on statute of limitations grounds an inmate's claim that his Nuwaubian religious scrolls were lost when he was moved to a different room.
In Sabir v. Williams, 2017 U.S. Dist. LEXIS 208640 (D CT, Dec. 19, 2017), a Connecticut federal district court permitted a Musim inmate to move ahead with his complaint about prison policy that prohibited gropu prayer outside of the chapel.
In Endicott v. Allen, 2017 U.S. Dist. LEXIS 209998 (ED MO, Dec. 21, 2017), a Missouri federal district court allowed a Jewish inmate to move ahead with a number of complaints regarding availability of kosher meals, food items and religious materials. Among his charges he claims that the canteen manipulates the items listed as kosher to catch him buying non-kosher food and obtain his removal from the religious diet list.
In Cochran v. Sherman, 2017 U.S. Dist. LEXIS 210403 (ED CA, Dec. 21, 2017), a California federal magistrate judge recommended allowing an inmate to proceed against certain defendants who denied his religious request for a publicly recorded legal name change to Gabriel Christian Hunter.
In Hearns v. Gonzales, 2017 U.S. Dist. LEXIS 210517 (ED CA, Dec. 21, 2017), a California federal magistrate judge recommended allowing a former inmate to move ahead with his complaint regarding a retaliatory cell search, but dismissed with leave to amend his complaint regarding damage to and confiscation of his prayer rug.
In Davis v. Hamilton County Jail, 2017 U.S. Dist. LEXIS 210697 (ED TN, Dec. 22, 2017),a Tennessee federal district court dismissed an inmate's complaint that verbal harassment interfered with his ability to practice his religion.
In Saif'Ullah v. Albritton, 2017 U.S. Dist. LEXIS 211188 (ND CA, Dec. 21, 2017), a California federal district court dismissed a Muslim inmate's complaint regarding reminders about the ban on large group noon and afternoon congregational prayer during open day room.
In Cooper v. Bower, 2017 U.S. Dist. LEXIS 207350 (WD KY, Dec. 15, 2017), a Kentucky federal district court held that correctional officers were entitled to qualified immunity as to their rejection of a Qur'an that had been mailed to plaintiff inmate.
In Spearman v. Williams, 2017 U.S. Dist. LEXIS 208111 (WD MI, Dec. 19, 2017), a Michigan federal district court dismissed on statute of limitations grounds an inmate's claim that his Nuwaubian religious scrolls were lost when he was moved to a different room.
In Sabir v. Williams, 2017 U.S. Dist. LEXIS 208640 (D CT, Dec. 19, 2017), a Connecticut federal district court permitted a Musim inmate to move ahead with his complaint about prison policy that prohibited gropu prayer outside of the chapel.
In Endicott v. Allen, 2017 U.S. Dist. LEXIS 209998 (ED MO, Dec. 21, 2017), a Missouri federal district court allowed a Jewish inmate to move ahead with a number of complaints regarding availability of kosher meals, food items and religious materials. Among his charges he claims that the canteen manipulates the items listed as kosher to catch him buying non-kosher food and obtain his removal from the religious diet list.
In Cochran v. Sherman, 2017 U.S. Dist. LEXIS 210403 (ED CA, Dec. 21, 2017), a California federal magistrate judge recommended allowing an inmate to proceed against certain defendants who denied his religious request for a publicly recorded legal name change to Gabriel Christian Hunter.
In Hearns v. Gonzales, 2017 U.S. Dist. LEXIS 210517 (ED CA, Dec. 21, 2017), a California federal magistrate judge recommended allowing a former inmate to move ahead with his complaint regarding a retaliatory cell search, but dismissed with leave to amend his complaint regarding damage to and confiscation of his prayer rug.
In Davis v. Hamilton County Jail, 2017 U.S. Dist. LEXIS 210697 (ED TN, Dec. 22, 2017),a Tennessee federal district court dismissed an inmate's complaint that verbal harassment interfered with his ability to practice his religion.
In Saif'Ullah v. Albritton, 2017 U.S. Dist. LEXIS 211188 (ND CA, Dec. 21, 2017), a California federal district court dismissed a Muslim inmate's complaint regarding reminders about the ban on large group noon and afternoon congregational prayer during open day room.
Sunday, December 17, 2017
Recent Prisoner Free Exercise Cases
In Kemp v. Liebel, (7th Cir., Dec. 11, 2017), the 7th Circuit upheld qualified immunity for an official who transferred two Jewish inmates to another facility so they could obtain kosher meals, but did not delay the transfer until the new facility offered Jewish group worship and study.
In Reed v. Bryant, (10th Cir., Dec. 13, 2017), the 10th Circuit held that the district court should not have dismissed an inmate's due process and RLUIPA challenges to a zero tolerance rule that automatically suspends and inmate's kosher diet if he consumes any non-kosher food.
In Schuh v. Michigan Department of Corrections, 2017 U.S. App. LEXIS 25351 (6th Cir., Dec. 14, 2017), the 6th Circuit affirmed the dismissal of an inmate's complaint that he was denied a kosher diet because his insufficient knowledge of Judaism showed a lack of sincerity of belief.
In Priest v. Holbrook, 2017 U.S. Dist. LEXIS 203386 (ED MI, Dec. 11, 2017), a Michigan federal district court dismissed a complaint by a Native American inmate that his eagle feathers were stolen or destroyed.
In Dexter v. Olson, 2017 U.S. Dist. LEXIS 203923 (WD MI, Dec. 12, 2017), a Michigan federal district court allowed an inmate to move ahead with claims against two officials for refusing to permit Nation of Islam inmates to attend the Eid al-Fitr celebration.
In King v. Lombardi, 2017 U.S. Dist. LEXIS 203959 (ED MO, Dec. 12, 2017), a Missouri federal district court held that for purposes of the exhaustion requirement, an inmate's charge that he was unable to attend religious services was not a separate claim, but part of his due process claim challenging his lengthy assignment to administrative segregation.
In Christian Separatist Church Society of Ohio v. Ohio Department of Rehabilitation & Corrections, 2017 U.S. Dist. LEXIS 205480 (SD OH, Dec. 14, 2017), an Ohio federal magistrate judge recommended that inmates who are members of the Christian Separatist Church be allowed to move ahead with their claim for declaratory and injunctive relief in their suit challenging prison policy that denies them separate congregate worship and requires they worship with the recognized Protestant Christian organization.
In Cooper v. True, 2017 U.S. Dist. LEXIS 203780 (D MN, Dec.12, 2017), a Minnesota federal district court accepted a magistrate's recommendation (2017 U.S. Dist. LEXIS 205900, Nov. 2, 2017) and dismissed a Jewish inmate's damage claim against a warden who kept him at a facility that lacked access to a rabbi, a Torah, and minyan.
In Greenhill v. Clarke, 2017 U.S. Dist. LEXIS 206384 (WD VA, Dec. 15, 2017), a Virginia federal district court dismissed a Muslim inmate's complaint regarding ritual contamination of his food tray. It allowed him to proceed with RLUIPA, but not 1st Amendment, claims regarding beard length and group Jum'ah services.
In Miller v. Clarke, 2017 U.S. Dist. LEXIS 206382 (WD VA, Dec. 15, 2017), a Virginia federal district court allowed a Muslim inmate to move ahead with his damage claim growing out of his suspension from the Common Fare diet and denial of his participation in Ramadan.
In Reed v. Bryant, (10th Cir., Dec. 13, 2017), the 10th Circuit held that the district court should not have dismissed an inmate's due process and RLUIPA challenges to a zero tolerance rule that automatically suspends and inmate's kosher diet if he consumes any non-kosher food.
In Schuh v. Michigan Department of Corrections, 2017 U.S. App. LEXIS 25351 (6th Cir., Dec. 14, 2017), the 6th Circuit affirmed the dismissal of an inmate's complaint that he was denied a kosher diet because his insufficient knowledge of Judaism showed a lack of sincerity of belief.
In Priest v. Holbrook, 2017 U.S. Dist. LEXIS 203386 (ED MI, Dec. 11, 2017), a Michigan federal district court dismissed a complaint by a Native American inmate that his eagle feathers were stolen or destroyed.
In Dexter v. Olson, 2017 U.S. Dist. LEXIS 203923 (WD MI, Dec. 12, 2017), a Michigan federal district court allowed an inmate to move ahead with claims against two officials for refusing to permit Nation of Islam inmates to attend the Eid al-Fitr celebration.
In King v. Lombardi, 2017 U.S. Dist. LEXIS 203959 (ED MO, Dec. 12, 2017), a Missouri federal district court held that for purposes of the exhaustion requirement, an inmate's charge that he was unable to attend religious services was not a separate claim, but part of his due process claim challenging his lengthy assignment to administrative segregation.
In Christian Separatist Church Society of Ohio v. Ohio Department of Rehabilitation & Corrections, 2017 U.S. Dist. LEXIS 205480 (SD OH, Dec. 14, 2017), an Ohio federal magistrate judge recommended that inmates who are members of the Christian Separatist Church be allowed to move ahead with their claim for declaratory and injunctive relief in their suit challenging prison policy that denies them separate congregate worship and requires they worship with the recognized Protestant Christian organization.
In Cooper v. True, 2017 U.S. Dist. LEXIS 203780 (D MN, Dec.12, 2017), a Minnesota federal district court accepted a magistrate's recommendation (2017 U.S. Dist. LEXIS 205900, Nov. 2, 2017) and dismissed a Jewish inmate's damage claim against a warden who kept him at a facility that lacked access to a rabbi, a Torah, and minyan.
In Greenhill v. Clarke, 2017 U.S. Dist. LEXIS 206384 (WD VA, Dec. 15, 2017), a Virginia federal district court dismissed a Muslim inmate's complaint regarding ritual contamination of his food tray. It allowed him to proceed with RLUIPA, but not 1st Amendment, claims regarding beard length and group Jum'ah services.
In Miller v. Clarke, 2017 U.S. Dist. LEXIS 206382 (WD VA, Dec. 15, 2017), a Virginia federal district court allowed a Muslim inmate to move ahead with his damage claim growing out of his suspension from the Common Fare diet and denial of his participation in Ramadan.
Sunday, December 10, 2017
Recent Prisoner Free Exercise Cases
In Wilcox v. Brown, (4th Cir, Dec. 5, 2017), the 4th Circuit, reversing the district court in large part, held that an inmate had adequately stated a free exercise claim for denial of Rastafarian group religious services.
In Butts v. Martin, (5th Cir., Dec. 8, 2017), the 5th Circuit held that the district court had improperly dismissed a Jewish inmate's free exercise and retaliation claims growing out of a dispute about his wearing his yarmulke at a dinner.
In Ross v. Sandoval, 2017 U.S. Dist. LEXIS 198670 (D NV, Dec. 4, 2017), a Nevada federal district court allowed a Buddhist inmate to move ahead with his claim that he was denied a vegetable/ plant based diet.
In Cousins v. Lassiter, 2017 U.S. Dist. LEXIS 198816 (WD NC, Dec. 4, 2017), a North Carolina federal district court allowed a Rastafarian inmate who is seeking a vegan diet to move ahead with his challenge to regulations that bar him from changing his diet more than once each 90 days.
In Huapaya v. Davey, 2017 U.S. Dist. LEXIS 199128 (ED CA, Dec. 1, 2017), a California federal magistrate judge gave a Muslim inmate who claimed he was being prevented from attending religious services 30 days to file an amended complaint alleging a resultant substantial burden.
In Mixon v. Tyson, 2017 U.S. Dist. LEXIS 199188 (ED CA, Dec. 4, 2017), a California federal magistrate judge rejected an inmate's free exercise claim since he was permitted to put on a jump suit when he objected to appearing in his underwear before women.
In West v. Phelps, 2017 U.S. Dist. LEXIS 199301 (D DE, Dec. 4, 2017), a Delaware federal district court rejected free exercise claims by an inmate who practices the religion of Thelema. Plaintiff claimed he needed a healthy kosher diet; sexual relations with a female to perform a worship rite; and Tarot cards. He also claimed that his prison job amounted to a form of slavery that violates his religious beliefs.
In Faber v. Smith, 2017 U.S. Dist. LEXIS 201243 (WD MI, Dec. 7, 2017), a Michigan federal district court held that a Bivens action is not available for a free exercise claim.
In Dawson v. Beard, 2017 U.S. Dist. LEXIS 201955 (ED CA, Dec. 7, 2017), a California federal magistrate judge recommended dismissing an inmate's claim that he was denied access to religious services and the right to fast.
In Thomas v. Bzoskie, 2017 U.S. Dist. LEXIS 201959 (D MN, Dec. 6, 2017), a Minnesota federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 202511, Oct. 30, 2017) and dismissed on res judicata grounds an inmate's free-exercise and equal-protection claims regarding Islamic gatherings, access to worship materials, and unequal treatment. It also refused to hear related state claims.
In Hunter v. Corrections Corporation of America, 2017 U.S. Dist. LEXIS 199955 (SD GA, Dec.5, 2017), a Georgia federal district court held that a religious program run at a private prison violates the Establishment Clause and awarded plaintiff $1 in nominal damages.
In Butts v. Martin, (5th Cir., Dec. 8, 2017), the 5th Circuit held that the district court had improperly dismissed a Jewish inmate's free exercise and retaliation claims growing out of a dispute about his wearing his yarmulke at a dinner.
In Ross v. Sandoval, 2017 U.S. Dist. LEXIS 198670 (D NV, Dec. 4, 2017), a Nevada federal district court allowed a Buddhist inmate to move ahead with his claim that he was denied a vegetable/ plant based diet.
In Cousins v. Lassiter, 2017 U.S. Dist. LEXIS 198816 (WD NC, Dec. 4, 2017), a North Carolina federal district court allowed a Rastafarian inmate who is seeking a vegan diet to move ahead with his challenge to regulations that bar him from changing his diet more than once each 90 days.
In Huapaya v. Davey, 2017 U.S. Dist. LEXIS 199128 (ED CA, Dec. 1, 2017), a California federal magistrate judge gave a Muslim inmate who claimed he was being prevented from attending religious services 30 days to file an amended complaint alleging a resultant substantial burden.
In Mixon v. Tyson, 2017 U.S. Dist. LEXIS 199188 (ED CA, Dec. 4, 2017), a California federal magistrate judge rejected an inmate's free exercise claim since he was permitted to put on a jump suit when he objected to appearing in his underwear before women.
In West v. Phelps, 2017 U.S. Dist. LEXIS 199301 (D DE, Dec. 4, 2017), a Delaware federal district court rejected free exercise claims by an inmate who practices the religion of Thelema. Plaintiff claimed he needed a healthy kosher diet; sexual relations with a female to perform a worship rite; and Tarot cards. He also claimed that his prison job amounted to a form of slavery that violates his religious beliefs.
In Faber v. Smith, 2017 U.S. Dist. LEXIS 201243 (WD MI, Dec. 7, 2017), a Michigan federal district court held that a Bivens action is not available for a free exercise claim.
In Dawson v. Beard, 2017 U.S. Dist. LEXIS 201955 (ED CA, Dec. 7, 2017), a California federal magistrate judge recommended dismissing an inmate's claim that he was denied access to religious services and the right to fast.
In Thomas v. Bzoskie, 2017 U.S. Dist. LEXIS 201959 (D MN, Dec. 6, 2017), a Minnesota federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 202511, Oct. 30, 2017) and dismissed on res judicata grounds an inmate's free-exercise and equal-protection claims regarding Islamic gatherings, access to worship materials, and unequal treatment. It also refused to hear related state claims.
In Hunter v. Corrections Corporation of America, 2017 U.S. Dist. LEXIS 199955 (SD GA, Dec.5, 2017), a Georgia federal district court held that a religious program run at a private prison violates the Establishment Clause and awarded plaintiff $1 in nominal damages.
Wednesday, December 06, 2017
Court Says Humanism Is Not A Religion
In Espinosa v. Stogner, (D NV, Dec. 4, 2017), a Nevada federal district court-- in a suit brought by a prisoner-- held that Humanism does not qualify as a "religion" for purposes of the Free Exercise or Establishment Clause. The court reasoned in part:
The Court has no basis to doubt Plaintiff’s sincerity as to his professed beliefs and of course has no opinion as to the value of those beliefs, but the allegations in the FAC confirm that despite the title Plaintiff gives his belief system (“Religious Humanism”), it is not a religion for the purposes of the religion clauses. See Peloza v. Capistrano Unified Sch. Dist., 37 F.3d 517, 521 (9th Cir. 1994) ... (“[R]eligion is the ‘belief in and reverence for a supernatural power accepted as the creator and governor of the universe.’”).... Alvarado v. City of San Jose, 94 F.3d 1223, 1229 (9th Cir. 1996) ... (“We are hard put to imagine a more unworkable definition of religion ... for purposes of the Establishment Clause or Free Exercise than that which is offered here. Few governmental activities could escape censure under a constitutional definition of ‘religion’ which includes any symbol or belief to which an individual ascribes ‘serious or almost serious’ spiritual significance. ‘If anything can be religion, then anything the government does can be construed as favoring one religion over another, and . . . the government is paralyzed. . . .’ While the First Amendment must be held to protect unfamiliar and idiosyncratic as well as commonly recognized religions, it loses its sense and thus its ability to protect when carried to the extreme proposed by the plaintiffs.”).
Sunday, December 03, 2017
Recent Prisoner Free Exercise Cases
In Eckstrom v. Beard, (9th Cir., Nov. 30, 2017), the 9th Circuit affirmed the dismissal of an inmate's claim that the prison's book policy violates his free exercise rights.
In Shaw v. Kaemingk, 2017 U.S. Dist. LEXIS 195018 (D SD, Nov. 28, 2017), a South Dakota federal district court allowed an inmate to move ahead with his complaint that authorities in numerous ways refused to accommodate his practice of Dorcha Cosà n as well as with his retaliation and other claims.
In Crowder v. Jones, 2017 U.S. Dist. LEXIS 195779 (SD IN, Nov. 29, 2017), an Indiana federal district court refused to find that a federal prison inmate had a Bivens implied private right of action against a prison chaplain for denial of a kosher diet. The court relied largely on the Supreme Court's June 2017 decision in Ziglar v. Abbasi.
In Ali v. Duboise, 2017 U.S. Dist. LEXIS 196881 (ND OK, Nov. 30, 2017), an Oklahoma federal district court dismissed on qualified immunity grounds a Muslim inmate's complaint that he was told to pray only outside his cell and was threatened, pushed and locked up temporarily when he asked for a more specific location.
In Valerio v. Wrenn, 2017 U.S. Dist. LEXIS 196632 (D NH, Nov. 29, 2017), a New Hampshire federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 196999, Oct. 23, 2017) and allowed an inmate to move ahead with his complaint that his religious freedom was violated when he was subjected to a visual body cavity search in front of other inmates after being denied a privacy screen.
In Abreu v. Jaime, 2017 U.S. Dist. LEXIS 197323 (ED CA, Nov. 29, 2017), a California federal magistrate judge recommended dismissing an inmate's complaint alleging retaliation for appealing denial of Muslim prayers, and alleging denial of religious meals during a transfer.
In Kanatzar v. Cole, 2017 U.S. Dist. LEXIS 198067 (D KS, Dec. 1, 2017), a Kansas federal district court concluded that a Jewish inmate had adequately alleged a claim against two defendants for failure to provide properly prepared kosher food, and was given 30 days to file an amended complaint as to many other claims/
In Silverman v. Humboldt County Correctional Facility, 2017 U.S. Dist. LEXIS 198208 (ND CA, Dec. 1, 2017), a California federal magistrate judge allowed a Jewish inmate to move ahead with his claim seeking a kosher diet.
In Kollock v. Beemer, 2017 Pa. Commw. LEXIS 994 (PA Commnwlth. Ct., Nov. 30, 2017), a Pennsylvania appellate court rejected contentions by an inmate convicted of sexual offenses that the requirement he complete a program which includes admission of guilt in order to obtain parole violates his religious rights. The inmate contended that this requires him to "bear false witness" against himself.
In Shaw v. Kaemingk, 2017 U.S. Dist. LEXIS 195018 (D SD, Nov. 28, 2017), a South Dakota federal district court allowed an inmate to move ahead with his complaint that authorities in numerous ways refused to accommodate his practice of Dorcha Cosà n as well as with his retaliation and other claims.
In Crowder v. Jones, 2017 U.S. Dist. LEXIS 195779 (SD IN, Nov. 29, 2017), an Indiana federal district court refused to find that a federal prison inmate had a Bivens implied private right of action against a prison chaplain for denial of a kosher diet. The court relied largely on the Supreme Court's June 2017 decision in Ziglar v. Abbasi.
In Ali v. Duboise, 2017 U.S. Dist. LEXIS 196881 (ND OK, Nov. 30, 2017), an Oklahoma federal district court dismissed on qualified immunity grounds a Muslim inmate's complaint that he was told to pray only outside his cell and was threatened, pushed and locked up temporarily when he asked for a more specific location.
In Valerio v. Wrenn, 2017 U.S. Dist. LEXIS 196632 (D NH, Nov. 29, 2017), a New Hampshire federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 196999, Oct. 23, 2017) and allowed an inmate to move ahead with his complaint that his religious freedom was violated when he was subjected to a visual body cavity search in front of other inmates after being denied a privacy screen.
In Abreu v. Jaime, 2017 U.S. Dist. LEXIS 197323 (ED CA, Nov. 29, 2017), a California federal magistrate judge recommended dismissing an inmate's complaint alleging retaliation for appealing denial of Muslim prayers, and alleging denial of religious meals during a transfer.
In Kanatzar v. Cole, 2017 U.S. Dist. LEXIS 198067 (D KS, Dec. 1, 2017), a Kansas federal district court concluded that a Jewish inmate had adequately alleged a claim against two defendants for failure to provide properly prepared kosher food, and was given 30 days to file an amended complaint as to many other claims/
In Silverman v. Humboldt County Correctional Facility, 2017 U.S. Dist. LEXIS 198208 (ND CA, Dec. 1, 2017), a California federal magistrate judge allowed a Jewish inmate to move ahead with his claim seeking a kosher diet.
In Kollock v. Beemer, 2017 Pa. Commw. LEXIS 994 (PA Commnwlth. Ct., Nov. 30, 2017), a Pennsylvania appellate court rejected contentions by an inmate convicted of sexual offenses that the requirement he complete a program which includes admission of guilt in order to obtain parole violates his religious rights. The inmate contended that this requires him to "bear false witness" against himself.
Sunday, November 26, 2017
Recent Prisoner Free Exercise Cases
In Brooks v. Walsh, (9th Cir., Nov. 22, 2017), the 9th Circuit upheld a qualified immunity defense in an inmate's suit because "it would not have been clear to every reasonable official that it was unlawful to require Brooks to fill out a Faith Group Affiliation Declaration form in order to reinstate his participation in the Common Fare diet after Brooks' voluntary withdrawal."
In King v. Stach, 2017 U.S. Dist. LEXIS 190788 (WD WA, Nov. 17, 2017), a Washington federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 191891, Oct. 19, 2017) and dismissed a Muslim inmate's complaint that unsanitary conditions in his safety/ observation cell made it impossible for him to perform his prayers, and that a corrections officer told him that he would be better off praying to Jesus.
In Veach v. Henderson County Detention Center, 2017 U.S. Dist. LEXIS 193177 (WD KY, Nov. 22, 2017), a Kentucky federal district court dismissed an inmate's complaint that on one occasion he was not given his Jewish meal tray.
In Rivera v. Davey, 2017 U.S. Dist. LEXIS 193607 (ED CA, Nov. 22, 2017), a California federal magistrate judge ordered dismissal unless an amended complaint is filed of an inmate's complaint that he was denied equal access to the facility's chapel for Jewish prayer services and holy day events.
In King v. Stach, 2017 U.S. Dist. LEXIS 190788 (WD WA, Nov. 17, 2017), a Washington federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 191891, Oct. 19, 2017) and dismissed a Muslim inmate's complaint that unsanitary conditions in his safety/ observation cell made it impossible for him to perform his prayers, and that a corrections officer told him that he would be better off praying to Jesus.
In Veach v. Henderson County Detention Center, 2017 U.S. Dist. LEXIS 193177 (WD KY, Nov. 22, 2017), a Kentucky federal district court dismissed an inmate's complaint that on one occasion he was not given his Jewish meal tray.
In Rivera v. Davey, 2017 U.S. Dist. LEXIS 193607 (ED CA, Nov. 22, 2017), a California federal magistrate judge ordered dismissal unless an amended complaint is filed of an inmate's complaint that he was denied equal access to the facility's chapel for Jewish prayer services and holy day events.
Sunday, November 19, 2017
Recent Prisoner Free Exercise Cases
In Grief v. Quay, (2d Cir., Nov. 13, 2017), the 2nd Circuit concluded that a district court should not have dismissed as conclusively non-religious an inmate's claim that stuffed animals are necessary for his religious practice.
In Holt v. Givens, 2017 U.S. Dist. LEXIS 186752 (ND AL, Nov. Nov. 13, 2017), an Alabama federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 187165, Oct. 17, 2017) and dismissed an inmate's complaint that his prayer oil was seized as contraband.
In Moon v. Jordan, 2017 U.S. Dist. LEXIS 187012 (ED MO, Nov. 13, 2017), a Missouri federal district court dismissed a Muslim inmate's complaint that he was not provided an Arabic language Qur'an, a clock for prayer time, a prayer rug, a bottle for cleaning himself after using the restroom, televised Jumu'ah services, or an Imam, and was not permitted to wear a Kufi.
In Bynum v. Poole, 2017 U.S. Dist. LEXIS 187453 (MD NC, No. 13, 2017), a North Carolina federal magistrate judge recommended dismissing a Muslim inmate's complaint that Jumu'ah services were cancelled on one Friday.
In Hewitt v. Johnson, 2017 U.S. Dist. LEXIS 187649 (D SC, Nov. 14, 2017), a South Carolina federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 187901, Oct. 26, 2017) and dismissed on qualified immunity grounds denial of an inmate's request for a kosher diet because authorities found his professed belief insincere.
In Muslim v. Carmichael, 2017 U.S. Dist. LEXIS 188522 (WD NC, Nov. 14, 2017), a North Carolina federal district court allowed a Muslim inmate to move ahead wit his damage claim for denial of a Kosher diet and failure to provide an Imam to lead prayer services.
In Johnson v. Fields, 2017 U.S. Dist. LEXIS 189448 (WD NC, Nov. 16, 2017), a North Carolina federal district court upheld disciplinary sanctions that deprived an inmate of his Bible for 24 days.
In Meza v. California Department of Corrections and Rehabilitation, 2017 U.S. Dist. LEXIS 189996 (ED CA, Nov. 15, 2017), a California federal magistrate judge recommended dismissing a Catholic inmate's complaint that because of his alleged gang affiliation he was not allowed to attend his brother's funeral off prison grounds.
In Shabazz v. Secretary Department of Corrections, 2017 U.S. Dist. LEXIS 190725 (MD FL, Nov. 17, 2017), a Florida federal district court issued a temporary restraining order preventing prison authorities from requiring an inmate to shave his beard that he wears for religious reasons.
In Holt v. Givens, 2017 U.S. Dist. LEXIS 186752 (ND AL, Nov. Nov. 13, 2017), an Alabama federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 187165, Oct. 17, 2017) and dismissed an inmate's complaint that his prayer oil was seized as contraband.
In Moon v. Jordan, 2017 U.S. Dist. LEXIS 187012 (ED MO, Nov. 13, 2017), a Missouri federal district court dismissed a Muslim inmate's complaint that he was not provided an Arabic language Qur'an, a clock for prayer time, a prayer rug, a bottle for cleaning himself after using the restroom, televised Jumu'ah services, or an Imam, and was not permitted to wear a Kufi.
In Bynum v. Poole, 2017 U.S. Dist. LEXIS 187453 (MD NC, No. 13, 2017), a North Carolina federal magistrate judge recommended dismissing a Muslim inmate's complaint that Jumu'ah services were cancelled on one Friday.
In Hewitt v. Johnson, 2017 U.S. Dist. LEXIS 187649 (D SC, Nov. 14, 2017), a South Carolina federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 187901, Oct. 26, 2017) and dismissed on qualified immunity grounds denial of an inmate's request for a kosher diet because authorities found his professed belief insincere.
In Muslim v. Carmichael, 2017 U.S. Dist. LEXIS 188522 (WD NC, Nov. 14, 2017), a North Carolina federal district court allowed a Muslim inmate to move ahead wit his damage claim for denial of a Kosher diet and failure to provide an Imam to lead prayer services.
In Johnson v. Fields, 2017 U.S. Dist. LEXIS 189448 (WD NC, Nov. 16, 2017), a North Carolina federal district court upheld disciplinary sanctions that deprived an inmate of his Bible for 24 days.
In Meza v. California Department of Corrections and Rehabilitation, 2017 U.S. Dist. LEXIS 189996 (ED CA, Nov. 15, 2017), a California federal magistrate judge recommended dismissing a Catholic inmate's complaint that because of his alleged gang affiliation he was not allowed to attend his brother's funeral off prison grounds.
In Shabazz v. Secretary Department of Corrections, 2017 U.S. Dist. LEXIS 190725 (MD FL, Nov. 17, 2017), a Florida federal district court issued a temporary restraining order preventing prison authorities from requiring an inmate to shave his beard that he wears for religious reasons.
Sunday, November 12, 2017
Recent Prisoner Free Exercise Cases
In Garner v. Muenchow, (7th Cir., Nov. 8, 2017), the 7th Circuit reversed a Wisconsin federal district court grant of summary judgment for defendants in a suit in which a Muslim inmate alleged free exercise and equal protection violations growing out of efforts to prevent him from obtaining a copy of the Qur'an while in segregation.
In Cavin v. Heyns, 2017 U.S. App. LEXIS 22582 (6th Cir., Sept. 12, 2017), the 6th Circuit affirmed a finding of qualified immunity in a suit by an inmate challenging a blanket ban on attendance at religious services for prisoners on toplock status.
In Broyles v. Presley, 2017 U.S. Dist. LEXIS 182968 (D KA, Nov. 3, 2017), a Kansas federal district court held that plaintiff had stated a free exercise claim regarding his inability to receive a kosher diet. The court ordered relevant jail officials to investigate the facts, determine what action should be taken and file this as a report along with defendants' answer.
In Sears v. Thomas, 2017 U.S. Dist. LEXIS 186498 (SD FL, Nov. 8, 2017), a Florida federal district court rejected part of a magistrate's recommendation (2017 U.S. Dist. LEXIS 137998, Aug. 25, 2017) and held that an inmate can proceed with his claim for nominal damages against a correctional officer who insisted that a chain and crucifix discovered in plaintiff's cell must be returned to the vendor who sent it.
In Cavin v. Heyns, 2017 U.S. App. LEXIS 22582 (6th Cir., Sept. 12, 2017), the 6th Circuit affirmed a finding of qualified immunity in a suit by an inmate challenging a blanket ban on attendance at religious services for prisoners on toplock status.
In Broyles v. Presley, 2017 U.S. Dist. LEXIS 182968 (D KA, Nov. 3, 2017), a Kansas federal district court held that plaintiff had stated a free exercise claim regarding his inability to receive a kosher diet. The court ordered relevant jail officials to investigate the facts, determine what action should be taken and file this as a report along with defendants' answer.
In Sears v. Thomas, 2017 U.S. Dist. LEXIS 186498 (SD FL, Nov. 8, 2017), a Florida federal district court rejected part of a magistrate's recommendation (2017 U.S. Dist. LEXIS 137998, Aug. 25, 2017) and held that an inmate can proceed with his claim for nominal damages against a correctional officer who insisted that a chain and crucifix discovered in plaintiff's cell must be returned to the vendor who sent it.
Sunday, November 05, 2017
Recent Prisoner Free Exercise Cases
In Bethel v. Jenkins, 2017 U.S. App. LEXIS 22061 (6th Cir., Sept. 22, 2017), the 6th Circuit held that a district court correctly dismissed an Establishment Clause challenge, but should not have dismissed a free speech and procedural due process challenge, to a policy that barred inmate from receiving printed material ordered by a third party even directly from an approved vendor.
In Hargrove v. Holley, 2017 U.S. Dist. LEXIS 180284 (SD OH, Oct. 31, 2017), an Ohio federal magistrate judge recommended dismissal of an inmate's claim that compelled schooling without an Islamic curriculum violates his free exercise rights.
In Harris v. Cooper, 2017 U.S. Dist. LEXIS 181249 (ND CA, Nov. 1, 2017), a California federal magistrate judge allowed an inmate to move ahead against certain defendants with his claim that in a cell search his religious materials were confiscated as retaliation and part of a conspiracy to deny him parole because he is a Muslim.
In Maciejka v. Williams, 2017 U.S. Dist. LEXIS 182842 (SD L, Nov. 2, 2017), a Florida federal magistrate judge recommended ordering plaintiff, a former inmate, to file an amended complaint if he wishes to move ahead with his rambling allegations that while confined he was kept from attending Catholic religious services, and could not celebrate holidays, see chaplains or priests or keep religious publications and religious items such as a rosary and scapular.
In Hargrove v. Holley, 2017 U.S. Dist. LEXIS 180284 (SD OH, Oct. 31, 2017), an Ohio federal magistrate judge recommended dismissal of an inmate's claim that compelled schooling without an Islamic curriculum violates his free exercise rights.
In Harris v. Cooper, 2017 U.S. Dist. LEXIS 181249 (ND CA, Nov. 1, 2017), a California federal magistrate judge allowed an inmate to move ahead against certain defendants with his claim that in a cell search his religious materials were confiscated as retaliation and part of a conspiracy to deny him parole because he is a Muslim.
In Maciejka v. Williams, 2017 U.S. Dist. LEXIS 182842 (SD L, Nov. 2, 2017), a Florida federal magistrate judge recommended ordering plaintiff, a former inmate, to file an amended complaint if he wishes to move ahead with his rambling allegations that while confined he was kept from attending Catholic religious services, and could not celebrate holidays, see chaplains or priests or keep religious publications and religious items such as a rosary and scapular.
Sunday, October 29, 2017
Recent Prisoner Free Exercise Cases
In Abdullah v. Cohen, 2017 U.S. Dist. LEXIS 174961 (D NJ, Oct. 23, 2017), a New Jersey federal district court dismissed without prejudice an inmate's suit alleging that hie was not on the Ramadan list and that his isolation in jail prevents him from practicing his religion.
In Green v. Frank Parish Detention Center, 2017 U.S. Dist. LEXIS 175215 (WD LA, Oct. 20, 2017), a Louisiana federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 175704, Sept. 19, 2017) and dismissed a Muslim inmate's complaint that group Jumah religious services are not offered on Fridays.
In Smith v. Drawbridge, 2017 U.S. Dist. LEXIS 175014 (WD OK, Oct. 23, 2017), an Oklahoma federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 175923, Sept. 8, 2017) while dismissing a number of claims, allowed an Orthodox Jewish inmate to move ahead with his complaint that the chaplain consistently denied requests for religious accommodation as to food and various religious items and observances.
In Haslett v. Arnold, 2017 U.S. Dist. LEXIS 175988 (SD IL, Oct. 24, 2017), an Illinois federal district court allowed a Muslim inmate to move ahead with his complaint that he was not allowed to observe the Ramadan fast.
In Watkins v. Stogner, 2017 U.S. Dist. LEXIS 176502 (D NV, Oct. 25, 2017), a Nevada federal magistrate judge recommended dismissing a Muslim inmate's complaint over the manner in which inmates were permitted to celebrate Eid al-Fitr. UPDATE: The court adopted the magistrate's recommendation, 2017 U.S. Dist. LEXIS 212202 (Dec. 27, 2017).
In Trammell v. McDonnell, 2017 U.S. Dist. LEXIS 177229 (CD CA, Oct. 25, 2017), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that during a one week period he was not provided with Ramadan meals or was provided them only after sunrise.
In Saif'ullah v. Cruzen, 2017 U.S. Dist. LEXIS 177873 and Smith v. Cruzen, 2017 U.S. Dist. LEXIS 178733 (ND CA, Oct. 26, 2017), a California federal district court dismissed inmates' complaints that on one evening during Ramadan Muslim inmates were interrupted and stopped from completing a congregational prayer session.
In Fisk v. Warren County Sheriff's Department, 2017 U.S. Dist. LEXIS 178128 (ED TN, Oct. 27, 2017), a Tennessee federal district court dismissed with leave to amend an inmate's claim that he was denied the things he needed to practice his religion, and dismissed his complaint that he was not permitted to attend his mother's funeral.
In Green v. Frank Parish Detention Center, 2017 U.S. Dist. LEXIS 175215 (WD LA, Oct. 20, 2017), a Louisiana federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 175704, Sept. 19, 2017) and dismissed a Muslim inmate's complaint that group Jumah religious services are not offered on Fridays.
In Smith v. Drawbridge, 2017 U.S. Dist. LEXIS 175014 (WD OK, Oct. 23, 2017), an Oklahoma federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 175923, Sept. 8, 2017) while dismissing a number of claims, allowed an Orthodox Jewish inmate to move ahead with his complaint that the chaplain consistently denied requests for religious accommodation as to food and various religious items and observances.
In Haslett v. Arnold, 2017 U.S. Dist. LEXIS 175988 (SD IL, Oct. 24, 2017), an Illinois federal district court allowed a Muslim inmate to move ahead with his complaint that he was not allowed to observe the Ramadan fast.
In Watkins v. Stogner, 2017 U.S. Dist. LEXIS 176502 (D NV, Oct. 25, 2017), a Nevada federal magistrate judge recommended dismissing a Muslim inmate's complaint over the manner in which inmates were permitted to celebrate Eid al-Fitr. UPDATE: The court adopted the magistrate's recommendation, 2017 U.S. Dist. LEXIS 212202 (Dec. 27, 2017).
In Trammell v. McDonnell, 2017 U.S. Dist. LEXIS 177229 (CD CA, Oct. 25, 2017), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that during a one week period he was not provided with Ramadan meals or was provided them only after sunrise.
In Saif'ullah v. Cruzen, 2017 U.S. Dist. LEXIS 177873 and Smith v. Cruzen, 2017 U.S. Dist. LEXIS 178733 (ND CA, Oct. 26, 2017), a California federal district court dismissed inmates' complaints that on one evening during Ramadan Muslim inmates were interrupted and stopped from completing a congregational prayer session.
In Fisk v. Warren County Sheriff's Department, 2017 U.S. Dist. LEXIS 178128 (ED TN, Oct. 27, 2017), a Tennessee federal district court dismissed with leave to amend an inmate's claim that he was denied the things he needed to practice his religion, and dismissed his complaint that he was not permitted to attend his mother's funeral.
Sunday, October 22, 2017
Recent Prisoner Free Exercise Cases
In Davis v. Heyns, 2017 U.S. App. LEXIS 20377 (6th Cir, Oct 16, 2017), the 6th Circuit affirmed dismissal of an Muslim inmate's complaint that the only religious diet he could receive was the vegan diet.
In Cooper v. Bower, 2017 U.S. Dist. LEXIS 171529 (WD KY, Oct. 17, 2017), a Kentucky federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that he was not allowed to receive a copy of the Quran which had been ordered for him.
In Howard v. Connett, 2017 U.S. Dist. LEXIS 172130 (D NV, Oct. 17, 2017), a California federal district court reduced the punitive damages that had previously been awarded against two specific defendants on an inmate's complaint that his religious items were not returned when he was placed in a different cell, and his equal protection complaint that he was unable to attend Nation of Islam services. The court refused to reduce punitive damages as to other claims.
In Cripe v. Gliddenn, 2017 U.S. Dist. LEXIS 172393 (SD IL, Oct. 18, 2017), an Illinois federal district court allowed a Jewish inmate to move ahead with his complaint that he was denied a kosher diet.
In Toney v. Harrod, 2017 U.S. Dist. LEXIS 173946 (D KA, Oct. 20, 2017), a Kansas federal district court allowed a Muslim inmate to move ahead against one defendant on his claim that his Ramadan meals were not served early enough.
In Johnson v. Little, 2017 U.S. Dist. LEXIS 174006 (D NV, Oct. 18, 2017), a Nevada federal district court refused to dismiss a Muslim inmate's complaint regarding the timing of his Ramadan meals.
In Moir v. Amdahl, 2017 U.S. Dist. LEXIS 174216 (SD IL, Oct. 19, 2017), an Illinois federal district court allowed a Muslim inmate to move ahead with his complaint that his prayer rug was confiscated.
In Sassi v. Dutchess County, 2017 U.S. Dist. LEXIS 174507 (ND NY, Oct. 20, 2017), a New York federal district court dismissed with leave to amend an inmate's claim that he was not permitted to access a Bible for seven days and was not permitted to participate in Bible study classes.
In Cooper v. Bower, 2017 U.S. Dist. LEXIS 171529 (WD KY, Oct. 17, 2017), a Kentucky federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that he was not allowed to receive a copy of the Quran which had been ordered for him.
In Howard v. Connett, 2017 U.S. Dist. LEXIS 172130 (D NV, Oct. 17, 2017), a California federal district court reduced the punitive damages that had previously been awarded against two specific defendants on an inmate's complaint that his religious items were not returned when he was placed in a different cell, and his equal protection complaint that he was unable to attend Nation of Islam services. The court refused to reduce punitive damages as to other claims.
In Cripe v. Gliddenn, 2017 U.S. Dist. LEXIS 172393 (SD IL, Oct. 18, 2017), an Illinois federal district court allowed a Jewish inmate to move ahead with his complaint that he was denied a kosher diet.
In Toney v. Harrod, 2017 U.S. Dist. LEXIS 173946 (D KA, Oct. 20, 2017), a Kansas federal district court allowed a Muslim inmate to move ahead against one defendant on his claim that his Ramadan meals were not served early enough.
In Johnson v. Little, 2017 U.S. Dist. LEXIS 174006 (D NV, Oct. 18, 2017), a Nevada federal district court refused to dismiss a Muslim inmate's complaint regarding the timing of his Ramadan meals.
In Moir v. Amdahl, 2017 U.S. Dist. LEXIS 174216 (SD IL, Oct. 19, 2017), an Illinois federal district court allowed a Muslim inmate to move ahead with his complaint that his prayer rug was confiscated.
In Sassi v. Dutchess County, 2017 U.S. Dist. LEXIS 174507 (ND NY, Oct. 20, 2017), a New York federal district court dismissed with leave to amend an inmate's claim that he was not permitted to access a Bible for seven days and was not permitted to participate in Bible study classes.
Sunday, October 15, 2017
Recent Prisoner Free Exercise Cases
In Entler v. Gregoire, (9th Cir., Oct. 6, 2017), the 9th Circuit held that an inmate who was sanctioned for threatening to sue after he was given a job assignment inconsistent with his religious beliefs has a valid retaliation claim.
In Finley v. Cox, (9th Cir., Oct. 6, 2017), the 9th Circuit upheld a trial court's dismissal of complaints by inmates that they were offered a common fare religious diet instead of pre-packaged kosher meals.
In Michalski v. Semple, 2017 U.S. Dist. LEXIS 166524 (D CT, Oct. 6, 2017), a Connecticut federal district court allowed Native American inmates to move ahead with their complaint that defendants suspended their religious services for several months, denied collective smudging, restricted access to the sweat lodge, denied adequate ceremonial foods, and provided an unequal amount of chaplains, supplies, literature and educational opportunities.
In Hamrick v. Baird, 2017 U.S. Dist. LEXIS 168197 (SD IL, Oct. 11, 2017), an Illinois federal district court allowed an inmate to move ahead with a damage claim against a former warden for restrictions on his engaging in daily group prayers, but suggested additional briefing on whether damages are available under RFRA.
In Shorter v. Romero, 2017 U.S. Dist. LEXIS 168920 (SD FL, Oct. 11, 2017), a Florida federal magistrate judge recommended allowing an inmate to move ahead with his claim that he was not allowed to attend Christian religious services.
In Nible v. Fink, 2017 U.S. Dist. LEXIS 170015 (SD CA, Oct. 12, 2017), a California federal magistrate judge recommended dismissing an inmate's claims against certain defendants growing out of the refusal to allow him to receive a package containing runes that he had ordered.
In Finley v. Cox, (9th Cir., Oct. 6, 2017), the 9th Circuit upheld a trial court's dismissal of complaints by inmates that they were offered a common fare religious diet instead of pre-packaged kosher meals.
In Michalski v. Semple, 2017 U.S. Dist. LEXIS 166524 (D CT, Oct. 6, 2017), a Connecticut federal district court allowed Native American inmates to move ahead with their complaint that defendants suspended their religious services for several months, denied collective smudging, restricted access to the sweat lodge, denied adequate ceremonial foods, and provided an unequal amount of chaplains, supplies, literature and educational opportunities.
In Hamrick v. Baird, 2017 U.S. Dist. LEXIS 168197 (SD IL, Oct. 11, 2017), an Illinois federal district court allowed an inmate to move ahead with a damage claim against a former warden for restrictions on his engaging in daily group prayers, but suggested additional briefing on whether damages are available under RFRA.
In Shorter v. Romero, 2017 U.S. Dist. LEXIS 168920 (SD FL, Oct. 11, 2017), a Florida federal magistrate judge recommended allowing an inmate to move ahead with his claim that he was not allowed to attend Christian religious services.
In Nible v. Fink, 2017 U.S. Dist. LEXIS 170015 (SD CA, Oct. 12, 2017), a California federal magistrate judge recommended dismissing an inmate's claims against certain defendants growing out of the refusal to allow him to receive a package containing runes that he had ordered.
Sunday, October 08, 2017
Recent Prisoner Free Exercise Cases
In Williams v. Blood, 2017 U.S. Dist. LEXIS 160062 (D UT, Sept. 27, 2017), a Utah federal district court dismissed an inmate's clam of retaliation for his complaining about his religious diet. The court agreed to appoint counsel for his complaint regarding ending of Islamic congregational meetings when no approved outside volunteer was available.
In Womack v. Perry, 2017 U.S. Dist. LEXIS 160271 (ED CA, Sept. 27, 2017), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that defendant cancelled bi-weekly Muslim services in one location because of a disagreement with an inmate there.
In Faver v. Clarke, 2017 U.S. Dist. LEXIS 160857 (WD VA, Sept. 29, 2017), a Virginia federal district court allowed a Muslim inmate to move ahead with RLUPA claims regarding wearing of a beard, the source from which he can acquire prayer oils, and his religious diet. His 1st Amendment claims were dismissed.
In Hall v. Helder, 2017 U.S. Dist. LEXIS 161626 (WD AR, Sept. 29, 2017), an Arkansas federal district court dismissed an inmate's complaint that there had been a 2-week delay in furnishing him a religious diet.
In Shabazz v. Lokey, 2017 U.S. Dist. LEXIS 162270 (WD VA, Sept. 30, 2017), a Virginia federal district court after a bench trial dismissed an inmate's suit charging confiscation of his Nation of Islam materials. Officials had mistaken the materials for gang-related Nation of Gods and Earth materials.
In Corley v. City of New York, 2017 U.S. Dist. LEXIS 162761 (SD NY, Sept. 28, 2017), a New York federal district court allowed an inmate to move ahead with his complaint that he was prevented from acquiring a "Jewish ID" that would give his access to kosher meals, and was denied kosher meals once he received that ID.
In Cary v. Phol, 2017 U.S. Dist. LEXIS 163128 (WD MI, Oct. 3, 2017), a Michigan a Michigan federal district court permitted a Native american inmate to move ahead with his complaint that he was not allowed to wear his medicine bag for a 10-day period.
In Cagle v. Ryan, 2017 U.S. Dist. LEXIS 165387 (D AZ, Oct. 4, 2017), an Arizona federal magistrate judge (while dismissing a large number of plaintiff's claims) allowed an inmate who had converted from Christianity to Islam to move ahead with his complaint about the denial of a halal diet for some 9 months. UPDATE: The district court adopted the magistrate's recommendations at 2017 U.S. Dist. LEXIS 179944, Oct. 30, 2017.
In Sariaslan v. Rackley, 2017 U.S. Dist. LEXIS 165681 (ED CA, Oct. 4, 2017), a California federal magistrate judge, in a case on remand from the 9th Circuit, gave a Muslim inmate 30 days to file an adequate amended complaint setting out of his allegations that he purchased raisins, honey, and dates for his Ramadan meal, but never received them.
In O'Carroll v. Lanigan, 2017 U.S. Dist. LEXIS 165788 (D NJ, Oct. 6, 2017), a New Jersey federal district court permitted an inmate who practiced Odinism (Asatru) to move ahead with his complaint that while Christian and Muslim inmates are allowed to wear metal medallions, Odinist inmates are not permitted Thor's Hammer medallions made of metal. UPDATE: The same court issued essentially identical opinions in a similar claims by different inmates, in Scaffidi v. Lanigan, 2017 U.S. Dist. LEXIS 166012 (D NJ, Oct. 5, 2017), and Halstead v. Hughes, 2017 U.S. Dist. LEXIS 166607 (D NJ, Oct. 5, 2017).
In Womack v. Perry, 2017 U.S. Dist. LEXIS 160271 (ED CA, Sept. 27, 2017), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that defendant cancelled bi-weekly Muslim services in one location because of a disagreement with an inmate there.
In Faver v. Clarke, 2017 U.S. Dist. LEXIS 160857 (WD VA, Sept. 29, 2017), a Virginia federal district court allowed a Muslim inmate to move ahead with RLUPA claims regarding wearing of a beard, the source from which he can acquire prayer oils, and his religious diet. His 1st Amendment claims were dismissed.
In Hall v. Helder, 2017 U.S. Dist. LEXIS 161626 (WD AR, Sept. 29, 2017), an Arkansas federal district court dismissed an inmate's complaint that there had been a 2-week delay in furnishing him a religious diet.
In Shabazz v. Lokey, 2017 U.S. Dist. LEXIS 162270 (WD VA, Sept. 30, 2017), a Virginia federal district court after a bench trial dismissed an inmate's suit charging confiscation of his Nation of Islam materials. Officials had mistaken the materials for gang-related Nation of Gods and Earth materials.
In Corley v. City of New York, 2017 U.S. Dist. LEXIS 162761 (SD NY, Sept. 28, 2017), a New York federal district court allowed an inmate to move ahead with his complaint that he was prevented from acquiring a "Jewish ID" that would give his access to kosher meals, and was denied kosher meals once he received that ID.
In Cary v. Phol, 2017 U.S. Dist. LEXIS 163128 (WD MI, Oct. 3, 2017), a Michigan a Michigan federal district court permitted a Native american inmate to move ahead with his complaint that he was not allowed to wear his medicine bag for a 10-day period.
In Cagle v. Ryan, 2017 U.S. Dist. LEXIS 165387 (D AZ, Oct. 4, 2017), an Arizona federal magistrate judge (while dismissing a large number of plaintiff's claims) allowed an inmate who had converted from Christianity to Islam to move ahead with his complaint about the denial of a halal diet for some 9 months. UPDATE: The district court adopted the magistrate's recommendations at 2017 U.S. Dist. LEXIS 179944, Oct. 30, 2017.
In Sariaslan v. Rackley, 2017 U.S. Dist. LEXIS 165681 (ED CA, Oct. 4, 2017), a California federal magistrate judge, in a case on remand from the 9th Circuit, gave a Muslim inmate 30 days to file an adequate amended complaint setting out of his allegations that he purchased raisins, honey, and dates for his Ramadan meal, but never received them.
In O'Carroll v. Lanigan, 2017 U.S. Dist. LEXIS 165788 (D NJ, Oct. 6, 2017), a New Jersey federal district court permitted an inmate who practiced Odinism (Asatru) to move ahead with his complaint that while Christian and Muslim inmates are allowed to wear metal medallions, Odinist inmates are not permitted Thor's Hammer medallions made of metal. UPDATE: The same court issued essentially identical opinions in a similar claims by different inmates, in Scaffidi v. Lanigan, 2017 U.S. Dist. LEXIS 166012 (D NJ, Oct. 5, 2017), and Halstead v. Hughes, 2017 U.S. Dist. LEXIS 166607 (D NJ, Oct. 5, 2017).
Sunday, October 01, 2017
Recent Prisoner Free Exercise Cases
In Rogers v. Jackson, 2017 U.S. Dist. LEXIS 155893 (ED NC, Sept. 25, 2017), a North Carolina federal district court upheld a prison's designation of Five Percenters as a security threat group, as well as upholding restrictions on Nation of Islam. The court also sealed exhibits in the case because they would create a security risk if exposed to inmates.
In Gordon v. Combs, 2017 U.S. Dist. LEXIS 156357 (WD VA, Sept. 25. 2017), a Virginia federal district court allowed a Nation of Islam inmate to move ahead with his complaint that he was not allowed to participate in the fast of Ramadan in 2014.
In Bayadi v. Clarke, 2017 U.S. Dist. LEXIS 156356 (WD VA, Sept. 25, 2017), a Virginia federal district court allowed an inmate to move ahead with his claim under RLUIPA challenging a grooming policy that barred him from growing a beard.
In Rushdan v. Gear, 2017 U.S. Dist. LEXIS 156675 (ED CA, Sept. 25, 2017), a California federal magistrate judge held that an inmate's free exercise rights were not violated when authorities, while allowing him to use both his committed name and his religious name on prison forms, required his list his committed name first.
In Lightner v. Wenderlich, 2017 U.S. Dist. LEXIS 157831 (WD NY, Sept. 25, 2017), a New York federal district court allowed a Muslim inmate to move ahead with his claim that he could not receive a Halal diet containing meat, but dismissed without prejudice his claim regarding access to an Islamic study correspondence course.
In Olds v. Clarke, 2017 U.S. Dist. LEXIS 158328 (WD VA, Sept. 27, 2017), a Virginia federal district court dismissed a Rastafarian inmate's complaint about Common Fare religious diet and transfer of inmates who violate grooming standards.
In Kasel v. Sedgwick County Detention Facility, 2017 U.S. Dist. LEXIS 158598 (D KA, Sept. 27, 2017), a Kansas federal district court gave a Wiccan inmate one month to show cause why his complaint regarding denial of religious services and materials should not be dismissed.
In Chichakli v. Samuels, 2017 U.S. Dist. LEXIS 158703 (WD OK, Sept. 27, 2017), an Oklahoma federal district court adopted a magistrate's recommendations (2017 U.S. Dist. LEXIS 159964, Aug. 15, 2017) and allowed an inmate to move ahead with his complaint that the diet served him did not comply with kosher standards, but dismissed his complaint regarding access to religious materials and ability to engage in prayer.
In Peyton v. Walrath, 2017 U.S. Dist. LEXIS 158820 (WD VA, Sept. 27, 2017), a Virginia federal district court dismissed a Nation of Islam inmate's complaint regarding unlawful confiscation of religious materials and suspension of NOI group services. Other complaints were dismissed for failure to exhaust administrative remedies.
In Lawson v. Carney, 2017 U.S. Dist. LEXIS 160030 (ED WA, Sept. 28, 2017), a Washington federal district court dismissed a Jewish inmate's complaint that his kosher diet was suspended for 77 days. UPDATE: The magistrate's recommendation in the case is at 2017 U.S. Dist. LEXIS 160272, Aug. 4, 2017.
In Gordon v. Combs, 2017 U.S. Dist. LEXIS 156357 (WD VA, Sept. 25. 2017), a Virginia federal district court allowed a Nation of Islam inmate to move ahead with his complaint that he was not allowed to participate in the fast of Ramadan in 2014.
In Bayadi v. Clarke, 2017 U.S. Dist. LEXIS 156356 (WD VA, Sept. 25, 2017), a Virginia federal district court allowed an inmate to move ahead with his claim under RLUIPA challenging a grooming policy that barred him from growing a beard.
In Rushdan v. Gear, 2017 U.S. Dist. LEXIS 156675 (ED CA, Sept. 25, 2017), a California federal magistrate judge held that an inmate's free exercise rights were not violated when authorities, while allowing him to use both his committed name and his religious name on prison forms, required his list his committed name first.
In Lightner v. Wenderlich, 2017 U.S. Dist. LEXIS 157831 (WD NY, Sept. 25, 2017), a New York federal district court allowed a Muslim inmate to move ahead with his claim that he could not receive a Halal diet containing meat, but dismissed without prejudice his claim regarding access to an Islamic study correspondence course.
In Olds v. Clarke, 2017 U.S. Dist. LEXIS 158328 (WD VA, Sept. 27, 2017), a Virginia federal district court dismissed a Rastafarian inmate's complaint about Common Fare religious diet and transfer of inmates who violate grooming standards.
In Kasel v. Sedgwick County Detention Facility, 2017 U.S. Dist. LEXIS 158598 (D KA, Sept. 27, 2017), a Kansas federal district court gave a Wiccan inmate one month to show cause why his complaint regarding denial of religious services and materials should not be dismissed.
In Chichakli v. Samuels, 2017 U.S. Dist. LEXIS 158703 (WD OK, Sept. 27, 2017), an Oklahoma federal district court adopted a magistrate's recommendations (2017 U.S. Dist. LEXIS 159964, Aug. 15, 2017) and allowed an inmate to move ahead with his complaint that the diet served him did not comply with kosher standards, but dismissed his complaint regarding access to religious materials and ability to engage in prayer.
In Peyton v. Walrath, 2017 U.S. Dist. LEXIS 158820 (WD VA, Sept. 27, 2017), a Virginia federal district court dismissed a Nation of Islam inmate's complaint regarding unlawful confiscation of religious materials and suspension of NOI group services. Other complaints were dismissed for failure to exhaust administrative remedies.
In Lawson v. Carney, 2017 U.S. Dist. LEXIS 160030 (ED WA, Sept. 28, 2017), a Washington federal district court dismissed a Jewish inmate's complaint that his kosher diet was suspended for 77 days. UPDATE: The magistrate's recommendation in the case is at 2017 U.S. Dist. LEXIS 160272, Aug. 4, 2017.
Sunday, September 24, 2017
Recent Prisoner Free Exercise Cases
In Paliotta v. State of Nevada ex rel Nevada Department of Corrections, (NV Sup. Ct., Sept. 14, 2017), the Nevada Supreme Court held that the trial court erred when it used the centrality test instead of the sincerely held belief test to decide if an inmate of the Thelemic faith was entitled to receive a kosher diet or a traditional Egyptian diet.
In Brown v. Solomon, 2017 U.S. Dist. LEXIS 150611 (WD NC, Sept. 15, 2017), a North Carolina federal district court allowed an inmate to move ahead with his efforts to reinstate separate religious services for Jehovah's Witnesses.
In Neely-Bey Tarik-El v. Conley, 2017 U.S. Dist. LEXIS 151714 (SDIN, Sept. 19, 2017), an Indiana federal district court dismissed on qualified immunity grounds a suit by an inmate claiming that his rights were violated when prison authorities disciplined him for violating a resolution of the Moorish Science Temple of America prohibiting him from actively engaging in MSTA religious services.
In Sabin v. Karber, 2017 U.S. Dist. LEXIS 152476 (WD MI, Sept. 20, 2017), a Michigan federal district court dismissed complaints by a Messianic Christian prison ministry that mail it sent into prisons was being rejected.
In Evans v. Lopez, 2017 U.S. Dist. LEXIS 153274 (ED CA, Sept. 15, 2017), a California federal magistrate judge allowed an inmate to move ahead with his complaint that he was denied Ramadan meals that he had bee approved to receive.
In Brown v. Solomon, 2017 U.S. Dist. LEXIS 150611 (WD NC, Sept. 15, 2017), a North Carolina federal district court allowed an inmate to move ahead with his efforts to reinstate separate religious services for Jehovah's Witnesses.
In Neely-Bey Tarik-El v. Conley, 2017 U.S. Dist. LEXIS 151714 (SDIN, Sept. 19, 2017), an Indiana federal district court dismissed on qualified immunity grounds a suit by an inmate claiming that his rights were violated when prison authorities disciplined him for violating a resolution of the Moorish Science Temple of America prohibiting him from actively engaging in MSTA religious services.
In Sabin v. Karber, 2017 U.S. Dist. LEXIS 152476 (WD MI, Sept. 20, 2017), a Michigan federal district court dismissed complaints by a Messianic Christian prison ministry that mail it sent into prisons was being rejected.
In Evans v. Lopez, 2017 U.S. Dist. LEXIS 153274 (ED CA, Sept. 15, 2017), a California federal magistrate judge allowed an inmate to move ahead with his complaint that he was denied Ramadan meals that he had bee approved to receive.
Sunday, September 17, 2017
Recent Prisoner Free Exercise Cases
In Canada v. Gregg, 2017 U.S. Dist. LEXIS 146892 (WD VA, Sept. 12, 2017), a Virginia federal district court dismissed a Muslim inmate's complaint that changes in the common fare diet menu caused him to lose substantial weight.
In Goins v. Fleming, 2017 U.S. Dist. LEXIS 146891 (WD VA, Sept. 12, 2017), a Virginia federal district court allowed a Muslim inmate to move ahead with his complaint regarding kufi use during pod recreation and bathroom access during Sunni group services. However the court dismissed a number of other claims regarding religious diet and location and monitoring of Sunni religious services.
In Jones v. North Carolina Department of Public Safety, 2017 U.S. Dist. LEXIS 147950 (WD NC, Sept. 12, 2017), a North Carolina federal district court allowed a Muslim inmate to move ahead with his complaint that he was required to shave his beard before he could go to a work-release job interview.
In Stansel v. Sorey, 2017 U.S. Dist. LEXIS 147985 (ND FL, Sept. 13, 2017), a Florida federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 148260, Aug. 8, 2017) and dismissed a Muslim inmate's complaint that an offer by an "Islamic sponsor" to provide funding for Ramadan and Eid al Fitr observances was rejected, while sponsors were accepted for other religious groups.
In Frazier v. Florida Department of Corrections, 2017 U.S. Dist. LEXIS 148814 (Sept. 14, 2017), a Florida federal district court dismissed a Jewish inmate's complaints regarding the adequacy and availability of a kosher diet.
In Johnson v. Swibas, 2017 U.S. Dist. LEXIS 149163 (D CO, Sept. 13, 2017), a Colorado federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 150250, July 28, 2017) and dismissed a Messianic Jewish inmate's complaint that he could not obtain an alternative kosher diet without confirmed medical food allergy test results.
In Goins v. Fleming, 2017 U.S. Dist. LEXIS 146891 (WD VA, Sept. 12, 2017), a Virginia federal district court allowed a Muslim inmate to move ahead with his complaint regarding kufi use during pod recreation and bathroom access during Sunni group services. However the court dismissed a number of other claims regarding religious diet and location and monitoring of Sunni religious services.
In Jones v. North Carolina Department of Public Safety, 2017 U.S. Dist. LEXIS 147950 (WD NC, Sept. 12, 2017), a North Carolina federal district court allowed a Muslim inmate to move ahead with his complaint that he was required to shave his beard before he could go to a work-release job interview.
In Stansel v. Sorey, 2017 U.S. Dist. LEXIS 147985 (ND FL, Sept. 13, 2017), a Florida federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 148260, Aug. 8, 2017) and dismissed a Muslim inmate's complaint that an offer by an "Islamic sponsor" to provide funding for Ramadan and Eid al Fitr observances was rejected, while sponsors were accepted for other religious groups.
In Frazier v. Florida Department of Corrections, 2017 U.S. Dist. LEXIS 148814 (Sept. 14, 2017), a Florida federal district court dismissed a Jewish inmate's complaints regarding the adequacy and availability of a kosher diet.
In Johnson v. Swibas, 2017 U.S. Dist. LEXIS 149163 (D CO, Sept. 13, 2017), a Colorado federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 150250, July 28, 2017) and dismissed a Messianic Jewish inmate's complaint that he could not obtain an alternative kosher diet without confirmed medical food allergy test results.
Sunday, September 10, 2017
Recent Prisoner Free Exercise Cases
In Nunez v. Wertz, 2017 U.S. Dist. LEXIS 142825 (MD PA, Sept. 1, 2017), a Pennsylvania federal district court permitted a Muslim inmate to move ahead with his complaint that his rights under RLUIPA were violated when he was not permitted to wear his pants with legs rolled up to expose his ankles, except during religious services.
In Riley v. Franke, 2017 U.S. Dist. LEXIS 142971 (ED WI, Sept. 5, 2017), a Wisconsin federal district court dismissed a Muslim inmate's claim that a correctional officer engaged in religious discrimination by dropping his Ramadan meals on the floor.
In Troutman v. Mutayoba, 2017 U.S. Dist. LEXIS 144100 (SD IL, Sept. 6, 2017), an Illinois federal district court allowed an inmate to move ahead with his complaint that authorities refused to provide him with a diet consistent with his Native American religious beliefs.
In Thomas v. Pingotti, 2017 U.S. Dist. LEXIS 144173 (ND NY, Sept. 6, 2017), a New York federal district court allowed a Muslim inmate to move ahead with his claim that during his keeplock confinement he was not allowed to attend Jum'mah services, or the prayer and festival to break Ramadan.
In Gambino v. Payne, 2017 U.S. Dist. LEXIS 144337 (WD NY, Sept. 1, 2017), a New York federal magistrate judge in a suit brought by an inmate who was in the process of converting to Judaism recommended dismissing his complaint that showers with inadequate privacy violated his free exercise rights, but allowed him to move ahead with his claim against certain defendants that he was purposely served contaminated kosher meals which defendants refused to replace.
In Meza v. California Department of Corrections & Rehabilitation, 2017 U.S. Dist. LEXIS 144415 (ED CA, Sept. 6, 2017), dismissed with leave to amend a Catholic inmate's complaint that he was not allowed to attend a funeral outside of prison because of his alleged gang affiliation.
In Brim v. Donovan, 2017 U.S. Dist. LEXIS 144497 (W WI, Sept. 7, 2017), a Wisconsin federal district court allowed a Muslim inmate to proceed with a complaint that his name was removed from the congregate services pass list for 90 days and his name was not put on the 2015 Ramadan list.
In Allah v. Annucci, 2017 U.S. Dist. LEXIS 145104 (SD NY, Sept. 7, 2017), a New York federal district court allowed an inmate to move ahead with his claims that he was not allowed to attend two Shi'ite holy day events.
In Riley v. Franke, 2017 U.S. Dist. LEXIS 142971 (ED WI, Sept. 5, 2017), a Wisconsin federal district court dismissed a Muslim inmate's claim that a correctional officer engaged in religious discrimination by dropping his Ramadan meals on the floor.
In Troutman v. Mutayoba, 2017 U.S. Dist. LEXIS 144100 (SD IL, Sept. 6, 2017), an Illinois federal district court allowed an inmate to move ahead with his complaint that authorities refused to provide him with a diet consistent with his Native American religious beliefs.
In Thomas v. Pingotti, 2017 U.S. Dist. LEXIS 144173 (ND NY, Sept. 6, 2017), a New York federal district court allowed a Muslim inmate to move ahead with his claim that during his keeplock confinement he was not allowed to attend Jum'mah services, or the prayer and festival to break Ramadan.
In Gambino v. Payne, 2017 U.S. Dist. LEXIS 144337 (WD NY, Sept. 1, 2017), a New York federal magistrate judge in a suit brought by an inmate who was in the process of converting to Judaism recommended dismissing his complaint that showers with inadequate privacy violated his free exercise rights, but allowed him to move ahead with his claim against certain defendants that he was purposely served contaminated kosher meals which defendants refused to replace.
In Meza v. California Department of Corrections & Rehabilitation, 2017 U.S. Dist. LEXIS 144415 (ED CA, Sept. 6, 2017), dismissed with leave to amend a Catholic inmate's complaint that he was not allowed to attend a funeral outside of prison because of his alleged gang affiliation.
In Brim v. Donovan, 2017 U.S. Dist. LEXIS 144497 (W WI, Sept. 7, 2017), a Wisconsin federal district court allowed a Muslim inmate to proceed with a complaint that his name was removed from the congregate services pass list for 90 days and his name was not put on the 2015 Ramadan list.
In Allah v. Annucci, 2017 U.S. Dist. LEXIS 145104 (SD NY, Sept. 7, 2017), a New York federal district court allowed an inmate to move ahead with his claims that he was not allowed to attend two Shi'ite holy day events.
Sunday, September 03, 2017
Recent Prisoner Free Exercise Cases
In Niederberger v. Guyll, 2017 U.S. Dist. LEXIS 135552 (WD AR, Aug. 24, 2017), an Arkansas federal district court dismissed an inmate's complaint about problems with this kosher meals.
In Troutman v. Miami Correctional Facility, 2017 U.S. Dist. LEXIS 136753 (ND IN, Aug. 25, 2017), an Indiana federal district court allowed a Muslim inmate to move ahead with complaints that he was not permitted to attend Friday worship services after the end of his work shift, that his firing from his prison job was motivated by religious and racial animus, and with certain retaliation claims.
In Sears v. Thomas, 2017 U.S. Dist. LEXIS 137998 (SD FL, Aug. 25, 2017), a Florida federal magistrate judge recommended dismissing an inmate's complaint that he was not permitted to keep a chain and cross purchased from a non-approved vendor.
In Diaz v. Wall, 2017 U.S. Dist. LEXIS 139421 (D RI, July 10, 2017), a Rhode Island federal magistrate judge recommended dismissing an inmate's complaint that he was not allowed to attend religious services while in segregation for narcotics trafficking or while in High Security.
In Williams v. New York State Office of Mental Health, 2017 U.S. Dist. LEXIS 140151 (ED NY, Aug. 29, 2017), a New York federal magistrate judge recommended dismissing complaints by plaintiff, who had been committed to a psychiatric center, that defendants interfered with exercise of his faith as an Orthodox Jew practicing holostic medicine, including by medication injections and refusing to allow him to attend worship services.
In Meeks v. Sorsi, 2017 U.S. Dist. LEXIS 140721 (D NV,Aug. 31, 2017), a Nevada federal district court allowed an inmate to move ahead with his claim that defendant refused to open cell doors and the activity room for early Ramadan prayer. Defendants argued that plaintiff had changed his religion from Muslim to Moorish Science Temple of America.
In Mares v. LePage, 2017 U.S. Dist. LEXIS 140796 (D CO, Aug. 31, 2017), a Colorado federal magistrate judge recommended dismissing because of pleading defects an inmate's complaint regarding impediments to his changing his religion to Judaism and receiving a kosher diet.
In Fletcher v. United States, 2017 U.S. Dist. LEXIS 141932 (D AZ, Aug. 30, 2017), an Arizona federal district court dismissed a complaint by an inmate who was a member of the Asatru religion that his right to a religious fast and to use ceremonial grounds were impeded.
In Washington v. Gilmore, 2017 U.S. Dist. LEXIS 142055 (WD PA, Aug. 31, 2017), a Pennsylvania federal magistrate judge recommended dismissing an inmate's claims of denial of access to religious literature. UPDATE: The court adopted the magistrate's recommendation at 2017 U.S. Dist. LEXIS 150754 (Sept. 18, 2017).
In Troutman v. Miami Correctional Facility, 2017 U.S. Dist. LEXIS 136753 (ND IN, Aug. 25, 2017), an Indiana federal district court allowed a Muslim inmate to move ahead with complaints that he was not permitted to attend Friday worship services after the end of his work shift, that his firing from his prison job was motivated by religious and racial animus, and with certain retaliation claims.
In Sears v. Thomas, 2017 U.S. Dist. LEXIS 137998 (SD FL, Aug. 25, 2017), a Florida federal magistrate judge recommended dismissing an inmate's complaint that he was not permitted to keep a chain and cross purchased from a non-approved vendor.
In Diaz v. Wall, 2017 U.S. Dist. LEXIS 139421 (D RI, July 10, 2017), a Rhode Island federal magistrate judge recommended dismissing an inmate's complaint that he was not allowed to attend religious services while in segregation for narcotics trafficking or while in High Security.
In Williams v. New York State Office of Mental Health, 2017 U.S. Dist. LEXIS 140151 (ED NY, Aug. 29, 2017), a New York federal magistrate judge recommended dismissing complaints by plaintiff, who had been committed to a psychiatric center, that defendants interfered with exercise of his faith as an Orthodox Jew practicing holostic medicine, including by medication injections and refusing to allow him to attend worship services.
In Meeks v. Sorsi, 2017 U.S. Dist. LEXIS 140721 (D NV,Aug. 31, 2017), a Nevada federal district court allowed an inmate to move ahead with his claim that defendant refused to open cell doors and the activity room for early Ramadan prayer. Defendants argued that plaintiff had changed his religion from Muslim to Moorish Science Temple of America.
In Mares v. LePage, 2017 U.S. Dist. LEXIS 140796 (D CO, Aug. 31, 2017), a Colorado federal magistrate judge recommended dismissing because of pleading defects an inmate's complaint regarding impediments to his changing his religion to Judaism and receiving a kosher diet.
In Fletcher v. United States, 2017 U.S. Dist. LEXIS 141932 (D AZ, Aug. 30, 2017), an Arizona federal district court dismissed a complaint by an inmate who was a member of the Asatru religion that his right to a religious fast and to use ceremonial grounds were impeded.
In Washington v. Gilmore, 2017 U.S. Dist. LEXIS 142055 (WD PA, Aug. 31, 2017), a Pennsylvania federal magistrate judge recommended dismissing an inmate's claims of denial of access to religious literature. UPDATE: The court adopted the magistrate's recommendation at 2017 U.S. Dist. LEXIS 150754 (Sept. 18, 2017).
Subscribe to:
Posts (Atom)