In Quick v. Annucci, 2016 U.S. Dist. LEXIS 115217 (ND NY, Aug. 29, 2016) a New York federal district court allowed a Muslim inmate to move ahead against the prison superintendent with his complaint that he was denied the cold alternative diet and was told it was only available to Jewish inmates.
In Lindh v. Warden, Federal Correctional Institution, 2016 U.S. Dist. LEXIS 116243 (SD IN, Aug. 30, 2016), an Indiana federal district court enjoined a federal prison under RFRA from conducting a visual strip search of a Muslim inmate as a pre-condition for a non-contact visit in the communications management housing unit.
In Meece v. Ballard, 2016 U.S. Dist. LEXIS 116364 (WD KY, Aug. 30, 2016), a Kentucky federal district court denied a preliminary injunction to a Reform Jewish inmate who claimed his free exercise rights were substantially burdened when he was removed from the kosher diet program for purchasing food inconsistent with Orthodox Jewish kosher rules, but not with Reform Jewish practices for kosher diets.
In Brown v. Clarke, 2016 U.S. Dist. LEXIS 117017 (WD VA, Aug. 31, 2016), a Virginia federal district court referred to mediation a Muslim inmate's claim that he was wrongly removed from the Common Fare diet for six month.
In Percival v. Stuhler, 2016 U.S. Dist. LEXIS 117129 (WD MI, Aug. 31, 2016), a Michigan federal district court dismissed an inmate's complaint that he was not allowed to attend group worship while he was in toplock for misconduct.
In Mohammed v. Daniels, 2016 U.S. Dist. LEXIS 117201 (ED NC, Aug. 31, 2016), a North Carolina federal district court dismissed as unproven a Muslim inmate's claim that he was denied access to his Quran during Ramadan. It also dismissed his complaint that he was not allowed to make a telephone call to the chaplain.
B.L. v. Zong, 2016 U.S. Dist. LEXIS 117509 (MD PA, Aug. 30, 2016), is a suit by a male inmate charging a female correctional officer with an extensive pattern of sexual predation. Defendants did not move to dismiss plaintiff's claim that he was forced to engage in sexual activity that violated his religious tenets. However a Pennsylvania federal magistrate judge recommended dismissing claims against others relating to plaintiff's work assignment that allowed the predation to occur and eventual transfer to another institution that briefly interfered with plaintiff's religious exercise.
In Burley v. Ball, 2016 U.S. Dist. LEXIS 117971 (WD MI, Sept. 1, 2016), a Michigan federal district court disagreed with a magistrate's recommendation (2016 U.S. Dist. LEXIS 118338, Aug. 12, 2016) and dismissed a Jewish inmate's complaint that the chaplain denied him a transfer to another facility where he could participate in a Passover seder and obtain food that was kosher for Passover.
In Johnson v. Roskosci, 2016 U.S. Dist. LEXIS 118804 (MD PA, Sept. 2, 2016), a Pennsylvania federal district court allowed an inmate to move ahead with his complaint under the free exercise clause that his religious cultural beads were taken from him because they did not have crosses on them. The court dismissed with leave to amend his retaliation as well as his 8th and 14th Amendment claims.
In Robinson v. Cameron, 2016 U.S. Dist. LEXIS 119090 (WD PA, Sept. 1, 2016), a Pennsylvania federal magistrate judge recommended dismissing an inmate's complaint that his religious rights are substantially burdened by the requirement that in order to participate in the sex offender program he must admit guilt. Plaintiff says his religious belief is that confession is to be made only to God.
Showing posts with label Prisoner cases. Show all posts
Showing posts with label Prisoner cases. Show all posts
Sunday, September 04, 2016
Sunday, August 28, 2016
Recent Prisoner Free Exercise Cases
In Daker v. Warren, (11th Cir., Aug. 22, 2016), the 11th Circuit reversed and remanded the district court's dismissal of a Muslim inmate's free exercise challenge (but not his RLUIPA challenge) to a total ban on hardcover books and the dismissal of his RLUIPA challenge (but not his free exercise challenge) to holding religious services only on Wednesdays.
In Berger v. Burl, 2016 U.S. Dist. LEXIS 111380 (ED AR, Aug. 22, 2016), an Arkansas federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 111559, Aug. 5, 2016) and dismissed an an atheist inmate's claim that his rights were infringed when he was not allowed to grow a beard and long hair for non-religious reasons while others were permitted to do so for religious reasons. The court allowed him to proceed on his complaint that a Christian group was allowed to line up outside his cell to sing and preach when he was placed in lock down.
In Robertson v. Call, 2016 Kan. App. Unpub. LEXIS 682 (KS App., Aug. 19, 2016), a Kansas appellate court affirmed dismissal of a free exercise challenge by a Messianic Jewish inmate to a rule that prevents prisoners in segregation from having face-to-face meetings with their spiritual advisers. The court remanded for further findings an Establishment Clause challenge to the rule.
In Martin v. MacLaren, 2016 U.S. Dist. LEXIS 112812 (WD MI, Aug. 24, 2016), a Michigan federal district court adopted a magistrate's recommendation and dismissed an inmate's complaint that he was denied access to his book titled "The Fundamentals of the Yoruba Religion (Orisa Worship)."
In Al-Azim v. Everett, 2016 U.S. Dist. LEXIS 113109 (ED VA, Aug. 23, 2016), a Virginia federal district court allowed an inmate to move ahead with his complaint that he was not receiving meals that complied with Nation of Islam dietary requirements. However the court dismissed his complaints about the need for more time for group religious activities and his inability to purchase CDs of Minister Farrakhan's sermons directly from the Final Call, Inc.
In Blalock v. Smith, 2016 U.S. Dist. LEXIS 114215 (ND NY, Aug. 24, 2016), a New York federal magistrate judge recommended that a Muslim inmate be allowed to proceed with his complaint that he was not permitted to wear his pants hemmed above the top of his ankle as religiously required; but recommended dismissing complaints over his inability to attend two congregate prayer services and over a cell search that confiscated religious books.
In Greene v. County of Durham Office of the Sheriff Department, 2016 U.S. Dist. LEXIS 114425 (MD NC, Aug. 26, 2016), a North Carolina federal district court permitted a Muslim inmate to proceed with a claim that arose when he was a pre-trial detainee that he was denied access to the day room for Islamic studies, but dismissed for failure to exhaust administrative remedies his complaint that his Ramadan meal was thrown away and he was not given a replacement.
In Berger v. Burl, 2016 U.S. Dist. LEXIS 111380 (ED AR, Aug. 22, 2016), an Arkansas federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 111559, Aug. 5, 2016) and dismissed an an atheist inmate's claim that his rights were infringed when he was not allowed to grow a beard and long hair for non-religious reasons while others were permitted to do so for religious reasons. The court allowed him to proceed on his complaint that a Christian group was allowed to line up outside his cell to sing and preach when he was placed in lock down.
In Robertson v. Call, 2016 Kan. App. Unpub. LEXIS 682 (KS App., Aug. 19, 2016), a Kansas appellate court affirmed dismissal of a free exercise challenge by a Messianic Jewish inmate to a rule that prevents prisoners in segregation from having face-to-face meetings with their spiritual advisers. The court remanded for further findings an Establishment Clause challenge to the rule.
In Martin v. MacLaren, 2016 U.S. Dist. LEXIS 112812 (WD MI, Aug. 24, 2016), a Michigan federal district court adopted a magistrate's recommendation and dismissed an inmate's complaint that he was denied access to his book titled "The Fundamentals of the Yoruba Religion (Orisa Worship)."
In Al-Azim v. Everett, 2016 U.S. Dist. LEXIS 113109 (ED VA, Aug. 23, 2016), a Virginia federal district court allowed an inmate to move ahead with his complaint that he was not receiving meals that complied with Nation of Islam dietary requirements. However the court dismissed his complaints about the need for more time for group religious activities and his inability to purchase CDs of Minister Farrakhan's sermons directly from the Final Call, Inc.
In Blalock v. Smith, 2016 U.S. Dist. LEXIS 114215 (ND NY, Aug. 24, 2016), a New York federal magistrate judge recommended that a Muslim inmate be allowed to proceed with his complaint that he was not permitted to wear his pants hemmed above the top of his ankle as religiously required; but recommended dismissing complaints over his inability to attend two congregate prayer services and over a cell search that confiscated religious books.
In Greene v. County of Durham Office of the Sheriff Department, 2016 U.S. Dist. LEXIS 114425 (MD NC, Aug. 26, 2016), a North Carolina federal district court permitted a Muslim inmate to proceed with a claim that arose when he was a pre-trial detainee that he was denied access to the day room for Islamic studies, but dismissed for failure to exhaust administrative remedies his complaint that his Ramadan meal was thrown away and he was not given a replacement.
Sunday, August 21, 2016
Recent Prisoner Free Exercise Cases
In Aref v. Lynch, (DC Cir., Aug. 19, 2016), the D.C. Circuit Court of Appeals, in an opinion involving a number of other issues as well, rejected the claim of an inmate convicted of supporting terrorism that he was denied transfer out of the restrictive Communications Management Unit as retaliation for a sermon he gave as part of a Muslim prayer meeting.
In Shaw v. Upton, 2016 U.S. Dist. LEXIS 107690 (SD GA, Aug. 15, 2016), a Georgia federal magistrate judge recommended that an inmate be allowed to move ahead with most of his claims contending that he was denied meals in accordance with the tenets of his religion. UPDATE: The court adopted the magistrate's recommendations, 2016 U.S. Dist. LEXIS 128232, Sept. 20, 2016.
In Thomas v. Lawler, 2016 U.S. Dist. LEXIS 108143 (MD PA, Aug. 16, 2016), a Pennsylvania federal district court held on various grounds that a Muslim inmate's rights under the Americans With Disabilities Act were not infringed when Friday Jumu'ah services were held in the multi-faith chapel accessible only by walking four flights of steps.
In Sanford v. Madison County, 2016 U.S. Dist. LEXIS 108734 (SD IL, Aug. 17, 2016), an Illinois federal district court dismissed some, but not all, defendants in a suit by a Muslim jail inmate complaining that he was denied Jumu'ah prayer services and was denied religious counseling on a equal basis with Christian inmates.
In Ryan v. Graham, 2016 U.S. Dist. LEXIS 108976 (ND NY, Aug. 17, 2016), a New York federal district court adopted a magistrate's recommendations and dismissed an inmate's complaint over rules that limited him to having eleven religious books at one time.
In Epps v. Hein, 2016 U.S. Dist. LEXIS 109247 (SD GA, Aug. 17, 2016), a Georgia federal magistrate judge allowed an inmate to proceed with his RLUIPA challenge to the denial of a Rastafarian diet.
In Deangelis v. Cowels, 2016 U.S. Dist. LEXIS 109785 (D CT, Aug. 18, 2016), a Connecticut federal district court dismissed, with leave to amend, an inmate's complaint that his free exercise rights were infringed when his religious gold cross and gold necklace were taken from him and subsequently lost.
In Brown v. Cox, 2016 U.S. Dist. LEXIS 110284 (ED CA, Aug. 18, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that his free exercise rights were infringed when he was denied access to his religious beads and cross while temporarily in administrative segregation.
In White v. Baker, 2016 U.S. Dist. LEXIS 110873 (D NV, Aug. 19, 2016), a Nevada federal district court allowed an inmate to move ahead with his suit seeking a "sacred Heraklean diet" (high protein natural and organic cuisine) and the right to possess two religious rings and a necklace, but dismissed his claims seeking group worship and official recognition of his religion.
In Carey v. Mason, 2016 U.S. Dist. LEXIS 110879 (MD AL, Aug. 18, 2016), an Alabama federal magistrate judge, among other issues, dismissed a Buddhist inmate's complaint that the warden tore up his bible (Diamond Sutra) and threw it in the trash.
In Shaw v. Upton, 2016 U.S. Dist. LEXIS 107690 (SD GA, Aug. 15, 2016), a Georgia federal magistrate judge recommended that an inmate be allowed to move ahead with most of his claims contending that he was denied meals in accordance with the tenets of his religion. UPDATE: The court adopted the magistrate's recommendations, 2016 U.S. Dist. LEXIS 128232, Sept. 20, 2016.
In Thomas v. Lawler, 2016 U.S. Dist. LEXIS 108143 (MD PA, Aug. 16, 2016), a Pennsylvania federal district court held on various grounds that a Muslim inmate's rights under the Americans With Disabilities Act were not infringed when Friday Jumu'ah services were held in the multi-faith chapel accessible only by walking four flights of steps.
In Sanford v. Madison County, 2016 U.S. Dist. LEXIS 108734 (SD IL, Aug. 17, 2016), an Illinois federal district court dismissed some, but not all, defendants in a suit by a Muslim jail inmate complaining that he was denied Jumu'ah prayer services and was denied religious counseling on a equal basis with Christian inmates.
In Ryan v. Graham, 2016 U.S. Dist. LEXIS 108976 (ND NY, Aug. 17, 2016), a New York federal district court adopted a magistrate's recommendations and dismissed an inmate's complaint over rules that limited him to having eleven religious books at one time.
In Epps v. Hein, 2016 U.S. Dist. LEXIS 109247 (SD GA, Aug. 17, 2016), a Georgia federal magistrate judge allowed an inmate to proceed with his RLUIPA challenge to the denial of a Rastafarian diet.
In Deangelis v. Cowels, 2016 U.S. Dist. LEXIS 109785 (D CT, Aug. 18, 2016), a Connecticut federal district court dismissed, with leave to amend, an inmate's complaint that his free exercise rights were infringed when his religious gold cross and gold necklace were taken from him and subsequently lost.
In Brown v. Cox, 2016 U.S. Dist. LEXIS 110284 (ED CA, Aug. 18, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that his free exercise rights were infringed when he was denied access to his religious beads and cross while temporarily in administrative segregation.
In White v. Baker, 2016 U.S. Dist. LEXIS 110873 (D NV, Aug. 19, 2016), a Nevada federal district court allowed an inmate to move ahead with his suit seeking a "sacred Heraklean diet" (high protein natural and organic cuisine) and the right to possess two religious rings and a necklace, but dismissed his claims seeking group worship and official recognition of his religion.
In Carey v. Mason, 2016 U.S. Dist. LEXIS 110879 (MD AL, Aug. 18, 2016), an Alabama federal magistrate judge, among other issues, dismissed a Buddhist inmate's complaint that the warden tore up his bible (Diamond Sutra) and threw it in the trash.
Sunday, August 14, 2016
Recent Prisoner Free Exercise Cases
In Sims v. Owens, 2016 U.S. Dist. LEXIS 105341 (MD GA, Aug. 10, 2016), a Georgia federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 105554, July 22, 2016) and dismissed a suit by a Rastafarian inmate who was not permitted to grow a goatee.
In Glidden v. Cerliano, 2016 U.S. Dist. LEXIS 105928 (ED TX, Aug. 10, 2016), a Texas federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 106356, June 24, 2016) and dismissed a suit by an inmate who had recently changed his religious preference to Pagan, but was not permitted to take possession of a book sent to him titled Buckland's Complete Book of Witchcraft, and was not permitted to meet with a Coven priestess.
In Hoke v. Lyle, 2016 U.S. Dist. LEXIS 106912 (SD GA, Aug. 8, 2016), a Georgia federal magistrate judge recommended that a Christian inmate be allowed to proceed with certain RLUIPA, free exercise and equal protection claims regarding the refusal to provide him with a study Bible and his Bible lessons.
In Hunter v. Corrections Corporation of America, 2016 U.S. Dist. LEXIS 105035 (SD GA, Aug. 9, 2016), a Georgia federal magistrate judge recommended denying summary judgement to either side in a Muslim inmate's Establishment Clause and RLUIPA claims (but only for nominal damages) challenging the Georgia prison system's Life Principles Program.
In Glidden v. Cerliano, 2016 U.S. Dist. LEXIS 105928 (ED TX, Aug. 10, 2016), a Texas federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 106356, June 24, 2016) and dismissed a suit by an inmate who had recently changed his religious preference to Pagan, but was not permitted to take possession of a book sent to him titled Buckland's Complete Book of Witchcraft, and was not permitted to meet with a Coven priestess.
In Hoke v. Lyle, 2016 U.S. Dist. LEXIS 106912 (SD GA, Aug. 8, 2016), a Georgia federal magistrate judge recommended that a Christian inmate be allowed to proceed with certain RLUIPA, free exercise and equal protection claims regarding the refusal to provide him with a study Bible and his Bible lessons.
In Hunter v. Corrections Corporation of America, 2016 U.S. Dist. LEXIS 105035 (SD GA, Aug. 9, 2016), a Georgia federal magistrate judge recommended denying summary judgement to either side in a Muslim inmate's Establishment Clause and RLUIPA claims (but only for nominal damages) challenging the Georgia prison system's Life Principles Program.
Sunday, August 07, 2016
Recent Prisoner Free Exercise Cases
In Smith v. Perlman, (2d Cir., Aug. 3, 2016), the 2nd Circuit vacated and remanded a suit by a Muslim inmate challenging the policy that allows only one family event day (except for Native Americans).
In Putnam v. Brown, 2016 U.S. Dist. LEXIS 100731 (D OR, Aug. 1, 2016), an Oregon federal district court dismissed an inmate's complaint that worship services were interrupted to turn on light and require a reduction in music volume, and his complaint that he was not permitted to attend worship services at times that conflicted with his work schedule.
In Shabazz v. Schofield, 2016 U.S. Dist. LEXIS 100928 (WD TN, Aug. 2, 2016), a Tennessee federal district court allowed a Muslim inmate to move ahead on his complaint that he was refused a protein supplement when pork was served and was not allowed to eat within the proper time during Ramadan.
In Fisher v. Schweitzer, 2016 U.S. Dist. LEXIS 101831 (SD OH, July 6, 2016), an Ohio federal magistrate judge allowed an inmate to move ahead with his claim that the warden prevented him from attending church services.
In Fox v. Lee, 2016 U.S. Dist. LEXIS 103098 (ND NY, Aug. 5, 2016), a New York federal district court ordered the parties to move ahead with discovery on the claim by an inmate that he is a member of the ancient African Anunake religion and is being required to cut his hair which his religion calls for him to wear in a Mohawk style with Dreadlocks.
In Walker v. Koon, 2016 U.S. Dist. LEXIS 103225 (D SC, Aug. 5, 2016), a South Carolina federal district court agreed with a magistrate's recommendation and dismissed without prejudice an inmate's complaint that he was denied a vegan or vegetarian diet on the basis of his inadequately completing a questionnaire on his religious need for it, and his complaint that a religion was needed to obtain such a diet.
In Sangraal v. Flagg, 2016 U.S. Dist. LEXIS 103417 (SD IL, Aug. 5, 2016), an Illinois federal district court allowed a former inmate who is a Pagan to move ahead with his complaint that he was not permitted to attend group worship while in segregation and was deliberately transferred to an institution that did not have Pagan religious services. In a second decision involving the same plaintiff, Sangraal v. Keim, 2016 U.S. Dist. LEXIS 103447 (SD IL, Aug. 5, 2016), the court allowed plaintiff to move ahead with a damage claim against the prison chaplain for denying him a kosher diet.
In Putnam v. Brown, 2016 U.S. Dist. LEXIS 100731 (D OR, Aug. 1, 2016), an Oregon federal district court dismissed an inmate's complaint that worship services were interrupted to turn on light and require a reduction in music volume, and his complaint that he was not permitted to attend worship services at times that conflicted with his work schedule.
In Shabazz v. Schofield, 2016 U.S. Dist. LEXIS 100928 (WD TN, Aug. 2, 2016), a Tennessee federal district court allowed a Muslim inmate to move ahead on his complaint that he was refused a protein supplement when pork was served and was not allowed to eat within the proper time during Ramadan.
In Fisher v. Schweitzer, 2016 U.S. Dist. LEXIS 101831 (SD OH, July 6, 2016), an Ohio federal magistrate judge allowed an inmate to move ahead with his claim that the warden prevented him from attending church services.
In Fox v. Lee, 2016 U.S. Dist. LEXIS 103098 (ND NY, Aug. 5, 2016), a New York federal district court ordered the parties to move ahead with discovery on the claim by an inmate that he is a member of the ancient African Anunake religion and is being required to cut his hair which his religion calls for him to wear in a Mohawk style with Dreadlocks.
In Walker v. Koon, 2016 U.S. Dist. LEXIS 103225 (D SC, Aug. 5, 2016), a South Carolina federal district court agreed with a magistrate's recommendation and dismissed without prejudice an inmate's complaint that he was denied a vegan or vegetarian diet on the basis of his inadequately completing a questionnaire on his religious need for it, and his complaint that a religion was needed to obtain such a diet.
In Sangraal v. Flagg, 2016 U.S. Dist. LEXIS 103417 (SD IL, Aug. 5, 2016), an Illinois federal district court allowed a former inmate who is a Pagan to move ahead with his complaint that he was not permitted to attend group worship while in segregation and was deliberately transferred to an institution that did not have Pagan religious services. In a second decision involving the same plaintiff, Sangraal v. Keim, 2016 U.S. Dist. LEXIS 103447 (SD IL, Aug. 5, 2016), the court allowed plaintiff to move ahead with a damage claim against the prison chaplain for denying him a kosher diet.
Sunday, July 31, 2016
Recent Prisoner Free Exercise Cases
In Mayo v. County of York, (3d Cir., July 25, 2016), the 3rd Circuit (via a footnote) affirmed dismissal of an inmate's complaint that a package containing a Bible was initially rejected as overweight.
In Salas v. Gomez, 2016 U.S. Dist. LEXIS 96769 (ND CA, July 25, 2016), a California federal district court allowed a Jewish inmate to move ahead with claims against various defendants as to the adequacy of the kosher diet furnished him and the refusal to transfer him to a different prison that could meet his religious needs more generally.
In Long v. John Does 1-3, 2016 U.S. Dist. LEXIS 96859 (D HI, July 25, 2016), a Hawaii federal district court held that a Muslim inmate's complaint that he was not provided early meals during Ramadan states a claim, but that he must identify the John Doe defendants through interrogatories in order to move ahead.
In Parkell v. Senato, 2016 U.S. Dist. LEXIS 97903 (D DE, July 26,2016), a Delaware federal district court permitted an inmate who practices a faith that combines Wicca and Judaism to move ahead with his 1st Amendment and equal protection claims regarding past refusal to furnish him a kosher diet.
In Rivera v. Stirling, 2016 U.S. Dist. LEXIS 97947 (D SC, July 27, 2016), a South Carolina federal district court dismissed under the "three strikes" rule a suit by a Muslim inmate complaining that he did not receive a vegetarian diet. The magistrate's recommendation is at 2016 U.S. Dist. LEXIS 98082, June 24, 2016.
In Hastings v. Thomas, 2016 U.S. Dist. LEXIS 98161 (MD AL, July 26, 2016), an Alabama federal magistrate judge recommended dismissing for failure to exhaust administrative remedies a complaint by a Native American inmate that his religion was impeded.
In Salas v. Gomez, 2016 U.S. Dist. LEXIS 96769 (ND CA, July 25, 2016), a California federal district court allowed a Jewish inmate to move ahead with claims against various defendants as to the adequacy of the kosher diet furnished him and the refusal to transfer him to a different prison that could meet his religious needs more generally.
In Long v. John Does 1-3, 2016 U.S. Dist. LEXIS 96859 (D HI, July 25, 2016), a Hawaii federal district court held that a Muslim inmate's complaint that he was not provided early meals during Ramadan states a claim, but that he must identify the John Doe defendants through interrogatories in order to move ahead.
In Parkell v. Senato, 2016 U.S. Dist. LEXIS 97903 (D DE, July 26,2016), a Delaware federal district court permitted an inmate who practices a faith that combines Wicca and Judaism to move ahead with his 1st Amendment and equal protection claims regarding past refusal to furnish him a kosher diet.
In Rivera v. Stirling, 2016 U.S. Dist. LEXIS 97947 (D SC, July 27, 2016), a South Carolina federal district court dismissed under the "three strikes" rule a suit by a Muslim inmate complaining that he did not receive a vegetarian diet. The magistrate's recommendation is at 2016 U.S. Dist. LEXIS 98082, June 24, 2016.
In Hastings v. Thomas, 2016 U.S. Dist. LEXIS 98161 (MD AL, July 26, 2016), an Alabama federal magistrate judge recommended dismissing for failure to exhaust administrative remedies a complaint by a Native American inmate that his religion was impeded.
Sunday, July 24, 2016
Recent Prisoner Free Exercise Cases
In Turner v. Sidorowicz, 2016 U.S. Dist. LEXIS 93339 (SD NY, July 18, 2016), a New York federal district court dismissed an inmate's complaint that he was removed from the kosher diet meal plan after he allegedly took food from the regular meal line.
In Powell v. City of New York, 2016 U.S. Dist. LEXIS 94186 (SD NY, July 14, 2016), a New York federal magistrate judge recommended dismissal of an inmate's complaint that Muslims in his housing unit were not called for Friday Jummah services for two consecutive weeks. UPDATE: The court adopted the magistrate's recommendation at 2016 U.S. Dist. LEXIS 101919 (Aug. 3, 2016).
In Turner v. Schofield, 2016 U.S. Dist. LEXIS 94304 (WD TN, July 20, 2016), a Tennessee federal district court, while dismissing a number of claims, allowed a Nation of Islam inmate to move ahead with his complaint that pork meals are being served in the non-pork food line, that he is allergic to the food being served as a pork replacement, and he has been refused passes for religious services when hi uses his Nation of Islam name to sign up.
In Burrell v. Loungo, 2016 U.S. Dist. LEXIS 94561 (MD PA, July 18, 2016), a Pennsylvania federal magistrate judge dismissed, with leave to amend, numerous claims by an inmate including his claim that his free exercise rights were infringed when his request for a furlough to attend an outside church service was denied.
In McCann v. Moreno, 2016 Tex. App. LEXIS 7715 (TX App., July 21, 2016), a Texas state appeals court affirmed the dismissal of a claim by a Jewish-Druid inmate that insistence he receive an insulin dose at 3:00 am violates his free exercise rights because his religion requires that he not eat or rise before sunrise.
In Henderson v. Muniz, 2016 U.S. Dist. LEXIS 94828 (ND CA, July 20, 2016), a California federal district court allowed a Muslim inmate to move ahead with his complaints regarding denial of daily and Friday prayers, denial of a qualified Muslim chaplain, necessary congregational artifacts, ability to celebrate Iftar and, as to one defendant, failure to provide hot Ramadan meals prepared and served by Muslim inmates.
In Etterson v. Newcome, 2016 U.S. Dist. LEXIS 94927 (ED VA, July 19, 2016), a Virginia federal district court refused to dismiss a Muslim inmate's complaint that he was wrongly removed him from the list to receive Ramadan trays when he was seen eating and drinking after sundown but before the Ramadan trays had been served.
In Celestin v. Rock, 2016 U.S. Dist. LEXIS 95450 (ND NY, July 20, 2016), a New York federal magistrate judge recommended dismissing on qualified immunity grounds a Jewish inmate's complaint about not receiving Seder meals in special housing unit. The court stated: "although plaintiff may have had a well-established right to have the Seder meal brought to his cell, based on his individual belief that he could celebrate the Seder by himself, it was objectively reasonable for all the defendants to believe that they were not violating plaintiff's rights...."
In Flowers v. Mullet, 2016 U.S. Dist. LEXIS 95009 (WD OK, July 21, 2016), an Oklahoma federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 95473, June 27, 2016) and dismissed an inmate's complaint that a Bible was taken from his cell.
In Powell v. City of New York, 2016 U.S. Dist. LEXIS 94186 (SD NY, July 14, 2016), a New York federal magistrate judge recommended dismissal of an inmate's complaint that Muslims in his housing unit were not called for Friday Jummah services for two consecutive weeks. UPDATE: The court adopted the magistrate's recommendation at 2016 U.S. Dist. LEXIS 101919 (Aug. 3, 2016).
In Turner v. Schofield, 2016 U.S. Dist. LEXIS 94304 (WD TN, July 20, 2016), a Tennessee federal district court, while dismissing a number of claims, allowed a Nation of Islam inmate to move ahead with his complaint that pork meals are being served in the non-pork food line, that he is allergic to the food being served as a pork replacement, and he has been refused passes for religious services when hi uses his Nation of Islam name to sign up.
In Burrell v. Loungo, 2016 U.S. Dist. LEXIS 94561 (MD PA, July 18, 2016), a Pennsylvania federal magistrate judge dismissed, with leave to amend, numerous claims by an inmate including his claim that his free exercise rights were infringed when his request for a furlough to attend an outside church service was denied.
In McCann v. Moreno, 2016 Tex. App. LEXIS 7715 (TX App., July 21, 2016), a Texas state appeals court affirmed the dismissal of a claim by a Jewish-Druid inmate that insistence he receive an insulin dose at 3:00 am violates his free exercise rights because his religion requires that he not eat or rise before sunrise.
In Henderson v. Muniz, 2016 U.S. Dist. LEXIS 94828 (ND CA, July 20, 2016), a California federal district court allowed a Muslim inmate to move ahead with his complaints regarding denial of daily and Friday prayers, denial of a qualified Muslim chaplain, necessary congregational artifacts, ability to celebrate Iftar and, as to one defendant, failure to provide hot Ramadan meals prepared and served by Muslim inmates.
In Etterson v. Newcome, 2016 U.S. Dist. LEXIS 94927 (ED VA, July 19, 2016), a Virginia federal district court refused to dismiss a Muslim inmate's complaint that he was wrongly removed him from the list to receive Ramadan trays when he was seen eating and drinking after sundown but before the Ramadan trays had been served.
In Celestin v. Rock, 2016 U.S. Dist. LEXIS 95450 (ND NY, July 20, 2016), a New York federal magistrate judge recommended dismissing on qualified immunity grounds a Jewish inmate's complaint about not receiving Seder meals in special housing unit. The court stated: "although plaintiff may have had a well-established right to have the Seder meal brought to his cell, based on his individual belief that he could celebrate the Seder by himself, it was objectively reasonable for all the defendants to believe that they were not violating plaintiff's rights...."
In Flowers v. Mullet, 2016 U.S. Dist. LEXIS 95009 (WD OK, July 21, 2016), an Oklahoma federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 95473, June 27, 2016) and dismissed an inmate's complaint that a Bible was taken from his cell.
Sunday, July 17, 2016
Recent Prisoner Free Exercise Cases
In Johnson v. Federal Bureau of Prisons, 2016 U.S. Dist. LEXIS 90255 (MD PA, July 11, 2016), Muslim inmates alleged various interferences with their ability to pray 5 times per day. A Pennsylvania federal magistrate judge recommended dismissing a number of the claims for failure to exhaust administrative remedies and dismissing on the merits a claim that plaintiff is not allowed to pray while in the prison library and while at his adult education classes.
In Lane v. Tavares, 2016 U.S. Dist. LEXIS 91052 (MD PA, July 12, 2016), a Pennsylvania federal magistrate judge recommended that a Muslim inmate be allowed to proceed with his complaint that authorities have failed to accommodate his religious needs. He often cannot attend Friday Prayers because his heart condition prevents him from climbing the five flights of stairs to reach the chapel.
In Giraldes v. Beard, 2016 U.S. Dist. LEXIS 91205 (ED CA, July 13, 2016), a California federal magistrate judge, denying a preliminary injunction, rejected a Catholic inmate's claim that denial of conjugal visits infringed his free exercise rights and his rights under RLUIPA.
In Roberts v. Perry, 2016 U.S. Dist. LEXIS 91639 (WD NC, July 14, 2016), a North Carolina federal district court allowed an inmate to proceed with his complaint that authorities refuse to recognize Nation of Israel as an approved faith group and that inmates are limited to ten religious publications.
In Allah v. Commonwealth of Virginia, 2016 U.S. Dist. LEXIS 91939 (WD VA, July 15, 2016), a Virginia federal district court dismissed an inmate's complaint that the file from his litigation that included much Nation of Gods and Earths material was seized by prison authorities.
In Lane v. Tavares, 2016 U.S. Dist. LEXIS 91052 (MD PA, July 12, 2016), a Pennsylvania federal magistrate judge recommended that a Muslim inmate be allowed to proceed with his complaint that authorities have failed to accommodate his religious needs. He often cannot attend Friday Prayers because his heart condition prevents him from climbing the five flights of stairs to reach the chapel.
In Giraldes v. Beard, 2016 U.S. Dist. LEXIS 91205 (ED CA, July 13, 2016), a California federal magistrate judge, denying a preliminary injunction, rejected a Catholic inmate's claim that denial of conjugal visits infringed his free exercise rights and his rights under RLUIPA.
In Roberts v. Perry, 2016 U.S. Dist. LEXIS 91639 (WD NC, July 14, 2016), a North Carolina federal district court allowed an inmate to proceed with his complaint that authorities refuse to recognize Nation of Israel as an approved faith group and that inmates are limited to ten religious publications.
In Allah v. Commonwealth of Virginia, 2016 U.S. Dist. LEXIS 91939 (WD VA, July 15, 2016), a Virginia federal district court dismissed an inmate's complaint that the file from his litigation that included much Nation of Gods and Earths material was seized by prison authorities.
Friday, July 15, 2016
7th Circuit Grants Preliminary Injunction To Wiccan Inmate
In Knowles v. Pfister, (7th Cir., July 13, 2016), the U.S. 7th Circuit Court of Appeals in an opinion by Judge Posner reversed the trial court and ordered entry of a preliminary injunction to allow a Wiccan inmate to wear a one-inch pentacle medallion around his neck. Finding that the inmate's "freedom of religion has been gratuitously infringed by the prison," the appeals court rejected the Illinois federal district court's reasoning, saying in part:
We have trouble seeing the force of these points—(1) what an adequate remedy at law would be (monetary compensation for the loss of a religious entitlement?); (2) how forbidding a religious observance important to a devout practitioner could be thought harmless to him because other observances remained open to him... and (3) how the plaintiff could obtain any relief unless the warden was enjoined from violating RLUIPA.
11th Circuit: Florida Prisons Must Offer Kosher Food
In United States v. Secretary, Florida Department of Corrections, (11th Cir., July 14, 2016), the US 11th Circuit Court of Appeals held that under the Religious Land Use and Institutionalized Persons Act, Florida must provide kosher meals for inmates with a sincere religious basis for demanding such meals. The court wrote in part:
The Secretary argues that denying a kosher diet statewide is the least restrictive means of furthering Florida’s interest in cost containment, but she fails to rebut three arguments to the contrary. First, she fails to explain why the Department cannot offer kosher meals when the Federal Bureau of Prisons and other states do so.... Second, the Secretary fails to explain why the Department cannot offer kosher meals when it offers vegan, medical, and therapeutic diets at similar marginal costs.... Third, the Secretary fails to explain why the less restrictive alternative of enforcing rules that limit access to, and continued participation in, the program would not further her stated interest. The United States produced evidence that the Department is not screening out insincere applicants or enforcing the rules of participation in the program, and the Secretary does not contest that evidence. She instead responds that enforcing the rules would be too time intensive....AP reports on the decision, pointing out that it was handed down only two days after oral argument in the case.
Sunday, July 10, 2016
Recent Prisoner Free Exercise Cases
In Gilbert v. Fox, 2016 U.S. Dist. LEXIS 86811 (D CO, June 9, 2016), a Colorado federal district court held that an inmate's claim that his free exercise rights are violated by refusal to recognize his Nuwaupian Certificate of Live Birth Name is a challenge to conditions of confinement and cannot be decided in a habeas corpus proceeding.
In Gadbury v. California, 2016 U.S. Dist. LEXIS 86891 (ED CA, July 1, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's attempt to obtain a vegetarian diet (which also meets his medical needs) for religious reasons.
In Ryan v. Graham, 2016 U.S. Dist. LEXIS 87477 (ND NY, July 5, 2016), a New York federal magistrate judge recommended dismissing a complaint by a Muslim inmate that his free exercise rights were infringed by limiting him to having eleven books in his cell while in special housing unit.
In Deen v. Albritton, 2016 U.S. Dist. LEXIS 87607 (ND CA, July 6, 2016), a California federal magistrate judge allowed a Muslim inmate to move ahead with his complaint that Muslim inmates are not allowed to pray in groups of more than four.
In Davis v. Bateman, 2016 U.S. Dist. LEXIS 88532 (ED PA, July 7, 2016), a Pennsylvania federal district court dismissed an inmate's complaint that he was denied access to attend religious services on four occasions. He had attended both Christian and Muslim services a total of 61 times.
In Pierre v. Geo Group, 2016 U.S. Dist. LEXIS 88698 (MD GA, June 3, 2016), a Georgia federal magistrate judge recommended that a Muslim inmate be permitted to move ahead with his complaint that he was forced to shave rather than being allowed to grow a beard as required by his religious beliefs.
In Gadbury v. California, 2016 U.S. Dist. LEXIS 86891 (ED CA, July 1, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's attempt to obtain a vegetarian diet (which also meets his medical needs) for religious reasons.
In Ryan v. Graham, 2016 U.S. Dist. LEXIS 87477 (ND NY, July 5, 2016), a New York federal magistrate judge recommended dismissing a complaint by a Muslim inmate that his free exercise rights were infringed by limiting him to having eleven books in his cell while in special housing unit.
In Deen v. Albritton, 2016 U.S. Dist. LEXIS 87607 (ND CA, July 6, 2016), a California federal magistrate judge allowed a Muslim inmate to move ahead with his complaint that Muslim inmates are not allowed to pray in groups of more than four.
In Davis v. Bateman, 2016 U.S. Dist. LEXIS 88532 (ED PA, July 7, 2016), a Pennsylvania federal district court dismissed an inmate's complaint that he was denied access to attend religious services on four occasions. He had attended both Christian and Muslim services a total of 61 times.
In Pierre v. Geo Group, 2016 U.S. Dist. LEXIS 88698 (MD GA, June 3, 2016), a Georgia federal magistrate judge recommended that a Muslim inmate be permitted to move ahead with his complaint that he was forced to shave rather than being allowed to grow a beard as required by his religious beliefs.
Sunday, July 03, 2016
Recent Prisoner Free Exercise Cases
In Smith v. Jensen, 2016 U.S. Dist. LEXIS 82909 (WD WI, June 27, 2016), a Wisconsin federal district court rejected claims by plaintiff who was committed as a sexually violent person that his right to freely exercise his Wiccan religion were infringed by a new restrictions on computer use and on computer access to clip art.
In Townsend v. Headley, 2016 U.S. Dist. LEXIS 82947 (ND AL, June 27, 2016), an Alabama federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 83182, May 11, 2016) and dismissed without prejudice the claim by a member of the Moorish Science Temple of America that his free exercise rights were infringed when "my chartel paper I use to open up as Grand-Shiek" (along with other papers, books, magazines and photos) was destroyed as contraband.
In Hardwick v. Senato, 2016 U.S. Dist. LEXIS 83565 (D DE, June 28, 2016), a Delaware federal district court dismissed an inmate's complaint of 4 years' delay in confirming his Jewish faith, and called for plaintiff to file an a mended complaint stating more clearly his claims regarding refusal of a position because he would not work on his Sabbath, and problems receiving kosher meals.
In Bryant v. Woodall, 2016 U.S. Dist. LEXIS 83690 (MD TN, June 28, 2016), a Tennessee federal magistrate judge recommended that inmates who are members of the Odinic or Asatru faith be allowed to move ahead with their attempt to obtain approval for group worship and acquisition of various items used during worship ceremonies.
In Stile v. United States Marshals Services, 2016 U.S. Dist. LEXIS 83747 (D NH, June 27, 2016), a New Hampshire federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 83750, May 9, 2016) and allowed an inmate to move ahead with his complaint that he could not participate in weekly religious services while he was being housed the maximum security disciplinary unit.
In Amaker v. Goord, 2016 U.S. Dist. LEXIS 83976 (WD NY, June 27, 2016), a New York federal magistrate judge (in addition to ruling on a number of non-religion related issues) recommended that an inmate be allowed to proceed with his free expression, but not his RLUIPA, complaint that delivery of incoming mail including Jehovah's Witnesses' magazines was denied. The court recommended dismissal of his complaint regarding occasional denial of food to break the fast during Ramadan, and his claim that denial of call outs was in retaliation for not complying with the prison grooming policy.
In Holland v. City of New York, 2016 U.S. Dist. LEXIS 84586 (SD NY, June 24, 2016), a New York federal district court dismissed on qualified immunity grounds a Muslim inmate's complaint about a strip search because there was no clearly established rule that, during a lockdown or other exigent situation, a correction officer is prohibited from conducting a strip search and viewing the private parts of a Muslim inmate of the opposite sex,
In Brown v. Fischer, 2016 U.S. Dist. LEXIS 85105 (WD NY, June 23, 2016), a New York federal district court allowed a Rastafarian inmate to proceed with his complaint that, while in restraints after an attempt to injure himself, his dreadlocks were forcibly cut while he was told Rastafarians were not permitted in that housing unit.
In Kadonsky v. D'Ilio, 2016 U.S. Dist. LEXIS 86224 (D NJ, July 1, 2016), a New Jersey federal district court allowed an inmate to proceed with his claim that a series of incidents led to ongoing theft and denial of access to his personal religious documents.
In Mehmood v. United States Marshals Services, 2016 U.S. Dist. LEXIS 86082 (D NV, June 30, 2016), a Nevada federal district court held that petitioners had stated a colorable free exercise claim based on the lack of halal-certified meals, but dismissed without prejudice ordering each petitioner to file separately stating allegations specific to him.
In Green v. Director/Secretary, California Department of Corrections and Rehabilitation, 2016 U.S. Dist. LEXIS 86187 (SD CA, June 10, 2016), a California federal magistrate judge recommended dismissing for failure to exhaust administrative remedies a Native American inmate's complaint that his free exercise rights were infringed when his religious items were confiscated and he was denied access to a sweat lodge, and that his 8th Amendment claims be similarly dismissed.
In Townsend v. Headley, 2016 U.S. Dist. LEXIS 82947 (ND AL, June 27, 2016), an Alabama federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 83182, May 11, 2016) and dismissed without prejudice the claim by a member of the Moorish Science Temple of America that his free exercise rights were infringed when "my chartel paper I use to open up as Grand-Shiek" (along with other papers, books, magazines and photos) was destroyed as contraband.
In Hardwick v. Senato, 2016 U.S. Dist. LEXIS 83565 (D DE, June 28, 2016), a Delaware federal district court dismissed an inmate's complaint of 4 years' delay in confirming his Jewish faith, and called for plaintiff to file an a mended complaint stating more clearly his claims regarding refusal of a position because he would not work on his Sabbath, and problems receiving kosher meals.
In Bryant v. Woodall, 2016 U.S. Dist. LEXIS 83690 (MD TN, June 28, 2016), a Tennessee federal magistrate judge recommended that inmates who are members of the Odinic or Asatru faith be allowed to move ahead with their attempt to obtain approval for group worship and acquisition of various items used during worship ceremonies.
In Stile v. United States Marshals Services, 2016 U.S. Dist. LEXIS 83747 (D NH, June 27, 2016), a New Hampshire federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 83750, May 9, 2016) and allowed an inmate to move ahead with his complaint that he could not participate in weekly religious services while he was being housed the maximum security disciplinary unit.
In Amaker v. Goord, 2016 U.S. Dist. LEXIS 83976 (WD NY, June 27, 2016), a New York federal magistrate judge (in addition to ruling on a number of non-religion related issues) recommended that an inmate be allowed to proceed with his free expression, but not his RLUIPA, complaint that delivery of incoming mail including Jehovah's Witnesses' magazines was denied. The court recommended dismissal of his complaint regarding occasional denial of food to break the fast during Ramadan, and his claim that denial of call outs was in retaliation for not complying with the prison grooming policy.
In Holland v. City of New York, 2016 U.S. Dist. LEXIS 84586 (SD NY, June 24, 2016), a New York federal district court dismissed on qualified immunity grounds a Muslim inmate's complaint about a strip search because there was no clearly established rule that, during a lockdown or other exigent situation, a correction officer is prohibited from conducting a strip search and viewing the private parts of a Muslim inmate of the opposite sex,
In Brown v. Fischer, 2016 U.S. Dist. LEXIS 85105 (WD NY, June 23, 2016), a New York federal district court allowed a Rastafarian inmate to proceed with his complaint that, while in restraints after an attempt to injure himself, his dreadlocks were forcibly cut while he was told Rastafarians were not permitted in that housing unit.
In Kadonsky v. D'Ilio, 2016 U.S. Dist. LEXIS 86224 (D NJ, July 1, 2016), a New Jersey federal district court allowed an inmate to proceed with his claim that a series of incidents led to ongoing theft and denial of access to his personal religious documents.
In Mehmood v. United States Marshals Services, 2016 U.S. Dist. LEXIS 86082 (D NV, June 30, 2016), a Nevada federal district court held that petitioners had stated a colorable free exercise claim based on the lack of halal-certified meals, but dismissed without prejudice ordering each petitioner to file separately stating allegations specific to him.
In Green v. Director/Secretary, California Department of Corrections and Rehabilitation, 2016 U.S. Dist. LEXIS 86187 (SD CA, June 10, 2016), a California federal magistrate judge recommended dismissing for failure to exhaust administrative remedies a Native American inmate's complaint that his free exercise rights were infringed when his religious items were confiscated and he was denied access to a sweat lodge, and that his 8th Amendment claims be similarly dismissed.
Sunday, June 26, 2016
Recent Prisoner Free Exercise Cases
In Russell v. Helder, 2016 U.S. Dist. LEXIS 79862 (WD AR, June 20, 2016), an Arkansas federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 79870, May 18, 2016), and refused to dismiss a suit by a Wiccan inmate who was seeking a vegan diet for religious reasons.
In Maon v. State Department of State Hospitals, 2016 Cal. App. Unpub. LEXIS 4576 (CA App., June 21, 2016), a California state appeals court upheld a decision by authorities at a state mental hospital refusing to allow a patient detained there who was to be married in the hospital's visiting room to wear a tuxedo for the ceremony in accordance with Buddhist tradition.
In Rivera v. Raines, 2016 U.S. Dist. LEXIS 82495 (SD IL, June 23, 2016), an inmate complaining about the refusal of prison officials to permit Nation of Gods & Earths to hold religious services was allowed by an Illinois federal district court to move ahead with his challenges under the 1st Amendment, the Equal Protection Clause, and his official capacity RLUIPA claims.
In Maon v. State Department of State Hospitals, 2016 Cal. App. Unpub. LEXIS 4576 (CA App., June 21, 2016), a California state appeals court upheld a decision by authorities at a state mental hospital refusing to allow a patient detained there who was to be married in the hospital's visiting room to wear a tuxedo for the ceremony in accordance with Buddhist tradition.
In Rivera v. Raines, 2016 U.S. Dist. LEXIS 82495 (SD IL, June 23, 2016), an inmate complaining about the refusal of prison officials to permit Nation of Gods & Earths to hold religious services was allowed by an Illinois federal district court to move ahead with his challenges under the 1st Amendment, the Equal Protection Clause, and his official capacity RLUIPA claims.
Sunday, June 19, 2016
Recent Prisoner Free Exercise Cases
In Davis v. Davis, (5th Cir., June 14, 2016), the 5th Circuit , while affirming in part, vacated and remanded a district court's refusal to allow Native American inmates to wear long hair or kouplocks. The district court had not evaluated plaintiffs' claims in light of the specific characteristics and security risks posed by each inmate.
In Rouser v. White, (9th Cir., June 17, 2016), the 9th Circuit, in a 2-1 decision, held that the district court had abused its discretion in terminating a 2011 consent decree that allowed a Wiccan inmate to practice his religion in various ways.
In Epps v. Hein, 2016 U.S. Dist. LEXIS 73906 (SD GA, June 6, 2016), a Georgia federal magistrate judge dismissed, but with leave to amend to allege a sincere religious belief, an inmate's complaint that he was denied a kosher Rastafarian diet.
In Ahdom v. Etchebehere, 2016 U.S. Dist. LEXIS 76149 (ED CA, June 9, 2016), a California federal district court permitted a Muslim inmate to move ahead under the free exercise clause with his complaint that he had been denied religious Ramadan Halal meals for a period of six days.
In Parker v. Shepard, 2016 U.S. Dist. LEXIS 77854 (SD GA, June 15, 2016), a Georgia federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 78216, April 18, 2016) and denied a preliminary injunction to a Rastafarian inmate who wished to wear long hair and dreadlocks.
In Muhammad v. Crews, 2016 U.S. Dist. LEXIS 78744 (ND FL, June 15, 2016), a Florida federal district court, adopting a magistrate's recommendations in part, dismissed a number of claims by a Muslim inmate but remanded for evaluation under a proper framework his claim that he was denied a religious diet during a 4-year period.
In Owens v. Kernan, 2016 U.S. Dist. LEXIS 78854 (ED CA, June 16, 2016), a California federal magistrate judge dismissed a claim by an inmate serving a life sentence that denial of a conjugal visit to consummate his marriage violates his rights under RLUIPA.
In Rouser v. White, (9th Cir., June 17, 2016), the 9th Circuit, in a 2-1 decision, held that the district court had abused its discretion in terminating a 2011 consent decree that allowed a Wiccan inmate to practice his religion in various ways.
In Epps v. Hein, 2016 U.S. Dist. LEXIS 73906 (SD GA, June 6, 2016), a Georgia federal magistrate judge dismissed, but with leave to amend to allege a sincere religious belief, an inmate's complaint that he was denied a kosher Rastafarian diet.
In Ahdom v. Etchebehere, 2016 U.S. Dist. LEXIS 76149 (ED CA, June 9, 2016), a California federal district court permitted a Muslim inmate to move ahead under the free exercise clause with his complaint that he had been denied religious Ramadan Halal meals for a period of six days.
In Parker v. Shepard, 2016 U.S. Dist. LEXIS 77854 (SD GA, June 15, 2016), a Georgia federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 78216, April 18, 2016) and denied a preliminary injunction to a Rastafarian inmate who wished to wear long hair and dreadlocks.
In Muhammad v. Crews, 2016 U.S. Dist. LEXIS 78744 (ND FL, June 15, 2016), a Florida federal district court, adopting a magistrate's recommendations in part, dismissed a number of claims by a Muslim inmate but remanded for evaluation under a proper framework his claim that he was denied a religious diet during a 4-year period.
In Owens v. Kernan, 2016 U.S. Dist. LEXIS 78854 (ED CA, June 16, 2016), a California federal magistrate judge dismissed a claim by an inmate serving a life sentence that denial of a conjugal visit to consummate his marriage violates his rights under RLUIPA.
Sunday, June 05, 2016
Recent Prisoner Free Exercise Cases
In Longoria v. Kansas Department of Corrections, 2016 Kan. App. Unpub. LEXIS 414 (KA App., May 27, 2016), a Kansas appellate court dismissed an inmate's complaint that among items taken by a correctional officer from his cell were 5 pages he had torn out from the Bible.
In Isby-Israel v. Lemmon, 2016 U.S. Dist. LEXIS 71092 (SD IN, June 1, 2016), an Indiana federal district court dismissed a Hebrew Israelite inmate's complaint regarding the form that was required to be signed in order to obtain kosher meals.
In Skates v. Shusda, 2016 U.S. Dist. LEXIS 71446 (ND NY, May 31, 2106), a New York federal magistrate judge recommended that a Nation of Islam inmate be permitted to move ahead with his complaint that he did not received a Sahoor bag meal on one occasion that he needed to consume before down in order to observe the NOI Holy Day of Atonement fast.
In Jackson v. Russell, 2016 U.S. Dist. LEXIS 71842 (D DE, June 2, 2016), a Delaware federal district court dismissed an inmate's claim that he was relieved of his duties as chapel photographer and not chosen as Nehemiah Chapel Clerk because he is a Mormon.
In Doering v. Reed, 2016 U.S. Dist. LEXIS 72638 (WD AR, June 3, 2016), an Arkansas federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 72639, April 29, 2016) and dismissed an inmate's complaint that a correctional officer asked to see his religious accommodation form that allowed him to wear a beard, and when shown it threw it to the floor and said he hoped plaintiff "got mange."
In Shakur v. Thomas, 2016 U.S. Dist. LEXIS 72707 (ND NY, June 2, 2016), a New York federal magistrate judge recommended that a Muslim inmate be allowed to move ahead with his complaint that he was denied an Eid ul-Adha festival meal, was denied halal meals and sahur bags for 6 days during Ramadan when there was a prison shutdown, was denied participation in congregational prayer and a halal meal during the Muslim holiday of Shawwal, and was subjected to retaliation. However he recommended dismissal of various other claims, including and equal protection claim.
In Kindred v. King, 2016 U.S. Dist. LEXIS 72851 (ED CA, June 2, 2016), a California federal magistrate judge recommended dismissing with leave to amend a suit by a Native American civil detainee who alleged a series of infringements of his Native American religious practices.
In Isby-Israel v. Lemmon, 2016 U.S. Dist. LEXIS 71092 (SD IN, June 1, 2016), an Indiana federal district court dismissed a Hebrew Israelite inmate's complaint regarding the form that was required to be signed in order to obtain kosher meals.
In Skates v. Shusda, 2016 U.S. Dist. LEXIS 71446 (ND NY, May 31, 2106), a New York federal magistrate judge recommended that a Nation of Islam inmate be permitted to move ahead with his complaint that he did not received a Sahoor bag meal on one occasion that he needed to consume before down in order to observe the NOI Holy Day of Atonement fast.
In Jackson v. Russell, 2016 U.S. Dist. LEXIS 71842 (D DE, June 2, 2016), a Delaware federal district court dismissed an inmate's claim that he was relieved of his duties as chapel photographer and not chosen as Nehemiah Chapel Clerk because he is a Mormon.
In Doering v. Reed, 2016 U.S. Dist. LEXIS 72638 (WD AR, June 3, 2016), an Arkansas federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 72639, April 29, 2016) and dismissed an inmate's complaint that a correctional officer asked to see his religious accommodation form that allowed him to wear a beard, and when shown it threw it to the floor and said he hoped plaintiff "got mange."
In Shakur v. Thomas, 2016 U.S. Dist. LEXIS 72707 (ND NY, June 2, 2016), a New York federal magistrate judge recommended that a Muslim inmate be allowed to move ahead with his complaint that he was denied an Eid ul-Adha festival meal, was denied halal meals and sahur bags for 6 days during Ramadan when there was a prison shutdown, was denied participation in congregational prayer and a halal meal during the Muslim holiday of Shawwal, and was subjected to retaliation. However he recommended dismissal of various other claims, including and equal protection claim.
In Kindred v. King, 2016 U.S. Dist. LEXIS 72851 (ED CA, June 2, 2016), a California federal magistrate judge recommended dismissing with leave to amend a suit by a Native American civil detainee who alleged a series of infringements of his Native American religious practices.
Sunday, May 29, 2016
Recent Prisoner Free Exercise Cases
In Clark v. Curry, 2016 U.S. Dist. LEXIS 67162 (MD AL, May 23, 2016), an Alabama federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 67312, April 20, 2016) and dismissed plaintiff's objections to allegedly required participation in a faith-based Alcoholics Anonymous 12-step program as a condition of his suspended sentence.
In Smith v. Fischer, 2016 U.S. Dist. LEXIS 67403 (WD NY, May 23, 2016), a New York federal district court dismissed an inmate's complaint about a 9-day delay in receiving a kosher diet.
In Powlette v. Morris, 2016 U.S. Dist. LEXIS 67796 (SD NY, May 23, 2016) a New York federal district court dismissed on qualified immunity grounds plaintiffs' complaint that prison authorities replaced the Rastafari holiday of Negus Day with the Battle of Adwa Victory in the 2013 DOCCS Religious Calendar.
In Riley v. Muhammad, 2016 U.S. Dist. LEXIS 68766 (WD PA, April 4, 2016), a Pennsylvania federal district court adopted a magistrate's recommendation and dismissed an inmate's complaint that he was not allowed to have his pants legs rolled up in violation of his religious beliefs, his complaint over the way prison authorities calculated the beginning of Ramadan, and his complaiant that he was not furnishes halal meat.
In Muhammad v. Douglas, 2016 U.S. Dist. LEXIS 70000 (SD NY, May 25, 2016), a New York federal district court dismissed an inmate's claim that his free exercise rights were infringed by placing him in keeplock for refusing to have his beard removed.
In Hoffman v. Lassen Adult Detention Facility, 2016 U.S. Dist. LEXIS 70086 (ED CA, May 26, 2016), a California federal magistrate judge recommended allowing plaintiff to proceed with his claim for damages for an initial denial of his request for a kosher diet.
In Smith v. Fischer, 2016 U.S. Dist. LEXIS 67403 (WD NY, May 23, 2016), a New York federal district court dismissed an inmate's complaint about a 9-day delay in receiving a kosher diet.
In Powlette v. Morris, 2016 U.S. Dist. LEXIS 67796 (SD NY, May 23, 2016) a New York federal district court dismissed on qualified immunity grounds plaintiffs' complaint that prison authorities replaced the Rastafari holiday of Negus Day with the Battle of Adwa Victory in the 2013 DOCCS Religious Calendar.
In Riley v. Muhammad, 2016 U.S. Dist. LEXIS 68766 (WD PA, April 4, 2016), a Pennsylvania federal district court adopted a magistrate's recommendation and dismissed an inmate's complaint that he was not allowed to have his pants legs rolled up in violation of his religious beliefs, his complaint over the way prison authorities calculated the beginning of Ramadan, and his complaiant that he was not furnishes halal meat.
In Muhammad v. Douglas, 2016 U.S. Dist. LEXIS 70000 (SD NY, May 25, 2016), a New York federal district court dismissed an inmate's claim that his free exercise rights were infringed by placing him in keeplock for refusing to have his beard removed.
In Hoffman v. Lassen Adult Detention Facility, 2016 U.S. Dist. LEXIS 70086 (ED CA, May 26, 2016), a California federal magistrate judge recommended allowing plaintiff to proceed with his claim for damages for an initial denial of his request for a kosher diet.
Sunday, May 22, 2016
Recent Prisoner Free Exercise Cases
In Davila v. Marshall, (11th Cir., May 20, 2016), the 11th Circuit upheld the dismissal of a complaint by an inmate that he was denied delivery of a Spanish language Santeria bible and a set of five Santeria bead necklaces required to practice his religion which had been sent to him.
In Merrick v. Inmate Legal Services, (9th Cir., 9th Cir., May 16, 2016), the 9th Circuit reversed the dismissal of an inmate's complaint that the jail did not allow him to confess to clergy of his faith by way of un-monitored, unrecorded phone calls.
In Quinn v. Management & Training Corp., 2016 U.S. Dist. LEXIS 64048 (SD MS, May 16, 2016), a Mississippi federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 64049, April 20, 2016) and dismissed an inmate's complaint that authorities denied him the right to designate Voodoo as his religion of preference.
In Cochran v. Sherman, 2016 U.S. Dist. LEXIS 64958 (ED CA, May 17, 2016), a California federal magistrate judge allowed an inmate to proceed with his RLUIPA claim against the warden seeking an injunction that would allow him, for religious reasons, to obtain a name change.
In Williams v. Beard, 2016 U.S. Dist. LEXIS 65245 (MD PA, May 18, 2016), a Pennsylvania federal district court, finding that plaintiff's rights under RLUIPA had been violated, ordered the prison to provide a clean and appropriate space for Muslim inmates working in the kitchen to offer prayer in a prone position during their shift all year round, or else allow Muslim inmates on kitchen duty to pray in the dining room.
In Atkinson v. Mackinnon, 2016 U.S. Dist. LEXIS 65281 (WD WI, May 18, 2016), a Wisconsin federal district court allowed an inmate to move ahead with his complaint that he was reassigned to a less desirable position with less pay and fewer hours because he is a Muslim.
In Bragg v. Smith, 2016 U.S. Dist. LEXIS 65412 (ED AR, May 18, 2016), an Arkansas federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 65408, April 27, 2016) and dismissed a Musliim inmate's complaint that he was served pork at least three times per week.
In Herndon v. Tostand, 2016 U.S. Dist. LEXIS 65662 (ED CA, May 17, 2016), a California federal magistrate judge dismissed with leave to amend a Muslim inmate's vague claim that "our Imam does not have any money to give one jumuah prayer on Fridays."
In Hall v. Frauenheim, 2016 U.S. Dist. LEXIS 65693 (ED CA, May 17, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that he missed numerous kosher meals, which are a call to worship, and that defendant criticized his religion.
In Cosby v. Erfe, 2016 U.S. Dist. LEXIS 65884 (D CT, May 19, 2016), a Connecticut federal district court dismissed a Buddhist inmate's complaint about difficulties in obtaining a vegetarian diet.
In Merrick v. Inmate Legal Services, (9th Cir., 9th Cir., May 16, 2016), the 9th Circuit reversed the dismissal of an inmate's complaint that the jail did not allow him to confess to clergy of his faith by way of un-monitored, unrecorded phone calls.
In Quinn v. Management & Training Corp., 2016 U.S. Dist. LEXIS 64048 (SD MS, May 16, 2016), a Mississippi federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 64049, April 20, 2016) and dismissed an inmate's complaint that authorities denied him the right to designate Voodoo as his religion of preference.
In Cochran v. Sherman, 2016 U.S. Dist. LEXIS 64958 (ED CA, May 17, 2016), a California federal magistrate judge allowed an inmate to proceed with his RLUIPA claim against the warden seeking an injunction that would allow him, for religious reasons, to obtain a name change.
In Williams v. Beard, 2016 U.S. Dist. LEXIS 65245 (MD PA, May 18, 2016), a Pennsylvania federal district court, finding that plaintiff's rights under RLUIPA had been violated, ordered the prison to provide a clean and appropriate space for Muslim inmates working in the kitchen to offer prayer in a prone position during their shift all year round, or else allow Muslim inmates on kitchen duty to pray in the dining room.
In Atkinson v. Mackinnon, 2016 U.S. Dist. LEXIS 65281 (WD WI, May 18, 2016), a Wisconsin federal district court allowed an inmate to move ahead with his complaint that he was reassigned to a less desirable position with less pay and fewer hours because he is a Muslim.
In Bragg v. Smith, 2016 U.S. Dist. LEXIS 65412 (ED AR, May 18, 2016), an Arkansas federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 65408, April 27, 2016) and dismissed a Musliim inmate's complaint that he was served pork at least three times per week.
In Herndon v. Tostand, 2016 U.S. Dist. LEXIS 65662 (ED CA, May 17, 2016), a California federal magistrate judge dismissed with leave to amend a Muslim inmate's vague claim that "our Imam does not have any money to give one jumuah prayer on Fridays."
In Hall v. Frauenheim, 2016 U.S. Dist. LEXIS 65693 (ED CA, May 17, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that he missed numerous kosher meals, which are a call to worship, and that defendant criticized his religion.
In Cosby v. Erfe, 2016 U.S. Dist. LEXIS 65884 (D CT, May 19, 2016), a Connecticut federal district court dismissed a Buddhist inmate's complaint about difficulties in obtaining a vegetarian diet.
Sunday, May 15, 2016
Recent Prisoner Free Exercise Cases
In Harvey v. Segura, (10th Cir., May 10, 2016), the 10th Circuit affirmed the dismissal of an inmate's complaint that authorities confiscated his kufi.
In Vazquez v. Maccone, 2016 U.S. Dist. LEXIS 60372 (ED NY, May 6, 2016), a New York federal district court held that plaintiff's inability to kneel on the floor to silently pray while temporarily held in the squad room for arrest processing did impose a substantial burden on his religious exercise.
In Jones v. Arizona Department of Corrections, 2016 U.S. Dist. LEXIS 60454 (D Z, May 5, 2016), an Arizona federal district court permitted a Muslim inmate to proceed with his complaint that he was not permitted to grow his beard longer than one-quarter inch, and that the feeding time for Ramadan began too late.
In Phillips v. Cobb, 2016 U.S. Dist. LEXIS 60716 (WD LA, May 6, 2016), a Louisiana federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 60717, April 4, 2016) and dismissed a complaint by a Muslim inmate that he was not allowed to attend congregational jumu'ah services, receive a prayer rug or kufi or receive adequate meals during Ramadan.
In Desmond v. Phelps, 2016 U.S. Dist. LEXIS 61406 (D DE, May 9, 2016), a Delaware federal district court refused to dismiss, but ordered an amended complaint with a more definite statement of plaintiffs' claims that authorities refused to allow Catholic inmates to worship, assemble, and celebrate on all religious holidays, and engaged in other sorts of retaliation.
In Jones v. Western Tidewater Regional Jail, 2016 U.S. Dist. LEXIS 61425 (ED VA, May 6, 2016), a Virginia federal district court dismissed a complaint by a Rastafarian inmate that the food service provider and kitchen supervisor refused to serve him his religiously required vegan diet.
In Tillman v. Allen, 2016 U.S. Dist. LEXIS 62260 (ED VA, May 9, 2016), a Virginia federal district court dismissed on various grounds a complaint by a Wiccan inmate that he could not attend Wiccan services, possess Wiccan objects or partake in the Common Fare diet.
In Vazquez v. Maccone, 2016 U.S. Dist. LEXIS 60372 (ED NY, May 6, 2016), a New York federal district court held that plaintiff's inability to kneel on the floor to silently pray while temporarily held in the squad room for arrest processing did impose a substantial burden on his religious exercise.
In Jones v. Arizona Department of Corrections, 2016 U.S. Dist. LEXIS 60454 (D Z, May 5, 2016), an Arizona federal district court permitted a Muslim inmate to proceed with his complaint that he was not permitted to grow his beard longer than one-quarter inch, and that the feeding time for Ramadan began too late.
In Phillips v. Cobb, 2016 U.S. Dist. LEXIS 60716 (WD LA, May 6, 2016), a Louisiana federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 60717, April 4, 2016) and dismissed a complaint by a Muslim inmate that he was not allowed to attend congregational jumu'ah services, receive a prayer rug or kufi or receive adequate meals during Ramadan.
In Desmond v. Phelps, 2016 U.S. Dist. LEXIS 61406 (D DE, May 9, 2016), a Delaware federal district court refused to dismiss, but ordered an amended complaint with a more definite statement of plaintiffs' claims that authorities refused to allow Catholic inmates to worship, assemble, and celebrate on all religious holidays, and engaged in other sorts of retaliation.
In Jones v. Western Tidewater Regional Jail, 2016 U.S. Dist. LEXIS 61425 (ED VA, May 6, 2016), a Virginia federal district court dismissed a complaint by a Rastafarian inmate that the food service provider and kitchen supervisor refused to serve him his religiously required vegan diet.
In Tillman v. Allen, 2016 U.S. Dist. LEXIS 62260 (ED VA, May 9, 2016), a Virginia federal district court dismissed on various grounds a complaint by a Wiccan inmate that he could not attend Wiccan services, possess Wiccan objects or partake in the Common Fare diet.
Sunday, May 08, 2016
Recent Prisoner Free Exercise Cases
In Robinson v. Wetzel, (3d Cir., May 3, 2016), the 3rd Circuit affirmed the dismissal of a complaint by a Christian inmate held in the highest level of security that he was not allowed to view church services, Bible study and religious programming by closed-circuit television.
In Garnica v. Washington Department of Corrections, (9th Cir., May 5, 2016), the 9th Circuit affirmed the dismissal of a suit complaining that prison officials inadvertently provided plaintiff a low-calorie meal on the first day of Ramadan 2010 before correcting the error.
In Williams v. Does, (2d Cir., May 6, 2016), the 2nd Circuit reversed the district court and held that a Muslim inmate plausibly alleged a free exercise violation stemming from several of his Ramadan meals being served to him before sunset.
In Bradford v. Kramer, 2016 U.S. Dist. LEXIS 58067 (SD IL, April 29, 2016), an Illinois federal district court permitted a Sunni Muslim pre-trial detainee to move ahead with his claim that 24-hour camera surveillance of him in his cell violates his religious belief that he can be seen nude only by his wife.
In Halsey v. Armstrong, 2016 U.S. Dist. LEXIS 58436 (D OR, April 28, 2016), an Oregon federal magistrate judge dismissed for failure to exhaust administrative remedies a complaint by a Muslim inmate that an officer insulted his religion; that he was wrongly removed from the Ramadan fast list because of false reports that he had broken the fast; and that he was subsequently precluded from engaging in any religious activities.
In Valerio v. New Hampshire Department of Corrections, 2016 U.S. Dist. LEXIS 59237 (D NH, May 3, 2016), a New Hampshire federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 59515, April 1, 2016) and, while dismissing a number of claims, allowed an inmate to move ahead with his complaint that his free exercise rights were infringed by a group strip search following a Christian revival event. His religious beliefs bar his being nude in front of other men.
In Bausman v. California Department of Corrections and Rehabilitation, 2016 U.S. Dist. LEXIS 59514 (ED CA,May 3, 2016), a California federal magistrate judge allowed an inmate to proceed with his complaint that a change in regulations reduced the kinds of religious and cultural items that Native American inmates can possess.
In Hoffmann v. Price, 2016 U.S. Dist. LEXIS 59520 (ED CA, May 3, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that during a cell search officer went through his kosher food bags and placed his Torah open and face-down on the floor and leaving a boot print on it.
In Hampton v. Chaplin, 2016 U.S. Dist. LEXIS 59583 (SD IN, May 4, 2016), an Indiana federal district court dismissed an inmate's suit claiming $1 million in damages for emotional distress when he was removed one time from religious services.
In Blankenship v. Setzer, 2016 U.S. Dist. LEXIS 59862 (WD NC, May 5, 2016), a North Carolina federal district court dismissed a Christian inmate's complaint that his Bible was confiscated under jail policies that barred possession of books without covers, and that he was not permitted to take his Bible during transfers between jails.
In Garnica v. Washington Department of Corrections, (9th Cir., May 5, 2016), the 9th Circuit affirmed the dismissal of a suit complaining that prison officials inadvertently provided plaintiff a low-calorie meal on the first day of Ramadan 2010 before correcting the error.
In Williams v. Does, (2d Cir., May 6, 2016), the 2nd Circuit reversed the district court and held that a Muslim inmate plausibly alleged a free exercise violation stemming from several of his Ramadan meals being served to him before sunset.
In Bradford v. Kramer, 2016 U.S. Dist. LEXIS 58067 (SD IL, April 29, 2016), an Illinois federal district court permitted a Sunni Muslim pre-trial detainee to move ahead with his claim that 24-hour camera surveillance of him in his cell violates his religious belief that he can be seen nude only by his wife.
In Halsey v. Armstrong, 2016 U.S. Dist. LEXIS 58436 (D OR, April 28, 2016), an Oregon federal magistrate judge dismissed for failure to exhaust administrative remedies a complaint by a Muslim inmate that an officer insulted his religion; that he was wrongly removed from the Ramadan fast list because of false reports that he had broken the fast; and that he was subsequently precluded from engaging in any religious activities.
In Valerio v. New Hampshire Department of Corrections, 2016 U.S. Dist. LEXIS 59237 (D NH, May 3, 2016), a New Hampshire federal district court adopted a magistrate's recommendations (2016 U.S. Dist. LEXIS 59515, April 1, 2016) and, while dismissing a number of claims, allowed an inmate to move ahead with his complaint that his free exercise rights were infringed by a group strip search following a Christian revival event. His religious beliefs bar his being nude in front of other men.
In Bausman v. California Department of Corrections and Rehabilitation, 2016 U.S. Dist. LEXIS 59514 (ED CA,May 3, 2016), a California federal magistrate judge allowed an inmate to proceed with his complaint that a change in regulations reduced the kinds of religious and cultural items that Native American inmates can possess.
In Hoffmann v. Price, 2016 U.S. Dist. LEXIS 59520 (ED CA, May 3, 2016), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that during a cell search officer went through his kosher food bags and placed his Torah open and face-down on the floor and leaving a boot print on it.
In Hampton v. Chaplin, 2016 U.S. Dist. LEXIS 59583 (SD IN, May 4, 2016), an Indiana federal district court dismissed an inmate's suit claiming $1 million in damages for emotional distress when he was removed one time from religious services.
In Blankenship v. Setzer, 2016 U.S. Dist. LEXIS 59862 (WD NC, May 5, 2016), a North Carolina federal district court dismissed a Christian inmate's complaint that his Bible was confiscated under jail policies that barred possession of books without covers, and that he was not permitted to take his Bible during transfers between jails.
Tuesday, May 03, 2016
Cert. Denied In Challenge To Alabama Prisoner Grooming Restrictions
The U.S. Supreme Court yesterday denied review in Knight v. Thompson, (Docket No. 15-999, cert. denied 5/2/2016). (Order List.) In the case, the U.S. 11th Circuit Court of Appeals upheld the Alabama prison system's grooming requirement that prohibited Native American inmates from wearing long hair, even for religious reasons. (See prior posting.) AP reports on the denial of certiorari.
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