In Incumaa v. Stirling, (4th Cir., July 1, 2015), the 4th Circuit rejected a claim by an inmate who is a member of Nation of Gods and Earths that his 20 years in solitary confinement following his participation in a 1995 prison riot with other Five Percenters violates his rights under RLUIPA. However the court held that plaintiff may move to trial on his procedural due process challenge to his continuing solitary confinement.
In Beamon v. Dittmann, 2015 U.S. Dist. LEXIS 83982 (ED WI, June 29, 2015), a Wisconsin federal district court refused to allow a Block Muslim inmate to add a RLUIPA claim to his complaint because plaintiff only seeks damages that are unavailable under RLUIPA.
In Gray v. Lewis, 2015 U.S. Dist. LEXIS 84133 (ND CA, June 29, 2015), a California federal district court allowed an inmate to proceed with most of his claims that he was restricted from obtaining a kosher diet and in other ways not provided with the resources to practice his Yahweh religion. The case was referred to the pro-se prisoner mediation program.
In Sessing v. Beard, 2015 U.S. Dist. LEXIS 84194 (ED CA, June 28, 2015), a California federal magistrate judge recommended that an Odinist inmate be allowed to proceed with his equal protection challenge to authorities' denial to him of access to outdoor space and a fire pit for worship since they were permitting Native American inmates access. However plaintiff's RLUIPA and free exercise claims were dismissed.
In Clark v. Anderson, 2015 U.S. Dist. LEXIS 84349 (ND TX, June 29, 2015), a Texas federal district court dismissed an inmate's complaint that one defendant failed to return a spiritual book, requiring him to order another copy from the publisher.
In Sousa v. Wegman, 2015 U.S. Dist. LEXIS 85208 (ED CA, June 29, 2015), a California federal magistrate judge recommended that an inmate be permitted to move ahead with his attempt to obtain recognition of those with Mexican Indian Beliefs as a religious group, and their access to religious services, holiday celebrations and use of a sweat lodge.
In Adler v. Gonzalez, 2015 U.S. Dist. LEXIS 85210 (ED CA, June 30, 2015), in a suit by a Catholic inmate, a California federal magistrate judge recommended a finding that there are still disputed facts that need to go to trial on whether or not Catholic services were available and whether plaintiff made any attempt to participate in them.
In Shabazz v. Johnson, 2015 U.S. Dist. LEXIS 86787 (ED VA, July 2, 2015), a Virginia federal district court rejected a Nation of Islam inmate's claim that requiring him to eat the Common Fare diet rather than a strict Nation of Islam diet violated his rights under RLUIPA.
Showing posts with label Prisoner cases. Show all posts
Showing posts with label Prisoner cases. Show all posts
Sunday, July 05, 2015
Sunday, June 28, 2015
Recent Prisoner Free Exercise Cases
In Jones v. Williams, (9th Cir., June 25, 2015), the 9th Circuit held that prison authorities are not entitled to qualified immunity on a Muslim inmate's cliam that he was ordered to cook pork loins as part of his job duties. The court however dismissed claims that cooks added pork to a tamale pie, and that the grill cleaning method left residual pork grease on the grill.
In Speed v. Neal, 2015 U.S. Dist. LEXIS 81606 (ED MO, June 24, 2015), a Missouri federal district court dismissed a Muslim inmate's complaint that on one occasion he did not receive a non-pork tray. It also dismissed his claim for damages of $30 million because of failure to receive pre-dawn meals, a copy of the Qur'an, a place to congregate for prayer and a clock to tell the correct time for prayer.
In Koenig v. Maryland, 2015 U.S. Dist. LEXIS 81696 (D MD, June 23, 2015), a Maryland federal district court dismissed a Jewish inmate's claims that the kosher diet menu was made unattractive to discourage inmates from signing up for it, and that study sessions occur infrequently and religious texts are not available.
In Linares v. Department of Homeland Security, 2015 U.S. Dist. LEXIS 83379 (ND AL, May 28, 2015), an Alabama federal magistrate judge recommended that a Jewish Immigrations and Customs civil detainee be permitted to proceed with his claim that his free exercise rights were infringed by denial of kosher meals, Sabbath services and access to a rabbi, but recommended dismissal of his class action claims and claims for injunctive relief. The federal district court (2015 U.S. Dist. LEXIS 82492, June 25, 2015) held that while the magistrate's recommendation was well taken, the suit should be dismissed without prejudice because plaintiff culd no longer be located.
In Speed v. Neal, 2015 U.S. Dist. LEXIS 81606 (ED MO, June 24, 2015), a Missouri federal district court dismissed a Muslim inmate's complaint that on one occasion he did not receive a non-pork tray. It also dismissed his claim for damages of $30 million because of failure to receive pre-dawn meals, a copy of the Qur'an, a place to congregate for prayer and a clock to tell the correct time for prayer.
In Koenig v. Maryland, 2015 U.S. Dist. LEXIS 81696 (D MD, June 23, 2015), a Maryland federal district court dismissed a Jewish inmate's claims that the kosher diet menu was made unattractive to discourage inmates from signing up for it, and that study sessions occur infrequently and religious texts are not available.
In Linares v. Department of Homeland Security, 2015 U.S. Dist. LEXIS 83379 (ND AL, May 28, 2015), an Alabama federal magistrate judge recommended that a Jewish Immigrations and Customs civil detainee be permitted to proceed with his claim that his free exercise rights were infringed by denial of kosher meals, Sabbath services and access to a rabbi, but recommended dismissal of his class action claims and claims for injunctive relief. The federal district court (2015 U.S. Dist. LEXIS 82492, June 25, 2015) held that while the magistrate's recommendation was well taken, the suit should be dismissed without prejudice because plaintiff culd no longer be located.
Sunday, June 21, 2015
Recent Prisoner Free Exercise Cases
In Robinson v. Jackson, (6th Cir., June 15, 2015), the 6th Circuit held that vegetarian meals satisfied an inmate's need for a Halal diet.
In Mauwee v. Palmer, 2015 U.S. Dist. LEXIS 77830 (D NV, June 16, 2015), a Nevada federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 77833, May 26, 2015) and dismissed a complaint by a Native American inmate that his eagle talon-- a sacred object-- was confiscated and destroyed before he completed the grievance process.
In Cohee v. Coupe, 2015 U.S. Dist. LEXIS 77940 (D DE, June 16, 2015, a Delaware federal district court permitted plaintiff, who is a Thelemite, to proceed with his complaint that when he was transferred to the hole he was denied access to his religious book and was advised that he could only have a Bible or the Qur'an. He did not have a constitutional claim regarding theft of several of his religious books.
In Rogers v. Molina, 2015 U.S. Dist. LEXIS 78010 (ND CA, June 15, 2015), a California federal magistrate judge held that a nursing home resident can proceed with his complaint that while in the emergency room, sheriff's deputies instead of providing him a wheelchair, a threw him to the ground and, among other things, seized blessing oil that he uses to practice his religion.
In O'Neal v. Amah, 2015 U.S. Dist. LEXIS 78716 (ED CA, June 16, 2015, a California federal magistrate judge allowed an inmate to move ahead with his complaint that when he was moved to a new facility he was denied a religious diet for over 60 days. He was given leave to amend his complaint to more clearly allege facts regarding denial of access to weekly church services much of the time.
In Nance v. Miser, 2015 U.S. Dist. LEXIS 79136 (D AZ, June 16, 2015), an Arizona federal district court dismissed a Muslim inmate's complaint that a Halal diet with meat was unavailable, but permitted him to move ahead with his 1st Amendment damage claim for denial of a shaving waiver for 7 months.
In Mauwee v. Palmer, 2015 U.S. Dist. LEXIS 77830 (D NV, June 16, 2015), a Nevada federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 77833, May 26, 2015) and dismissed a complaint by a Native American inmate that his eagle talon-- a sacred object-- was confiscated and destroyed before he completed the grievance process.
In Cohee v. Coupe, 2015 U.S. Dist. LEXIS 77940 (D DE, June 16, 2015, a Delaware federal district court permitted plaintiff, who is a Thelemite, to proceed with his complaint that when he was transferred to the hole he was denied access to his religious book and was advised that he could only have a Bible or the Qur'an. He did not have a constitutional claim regarding theft of several of his religious books.
In Rogers v. Molina, 2015 U.S. Dist. LEXIS 78010 (ND CA, June 15, 2015), a California federal magistrate judge held that a nursing home resident can proceed with his complaint that while in the emergency room, sheriff's deputies instead of providing him a wheelchair, a threw him to the ground and, among other things, seized blessing oil that he uses to practice his religion.
In O'Neal v. Amah, 2015 U.S. Dist. LEXIS 78716 (ED CA, June 16, 2015, a California federal magistrate judge allowed an inmate to move ahead with his complaint that when he was moved to a new facility he was denied a religious diet for over 60 days. He was given leave to amend his complaint to more clearly allege facts regarding denial of access to weekly church services much of the time.
In Nance v. Miser, 2015 U.S. Dist. LEXIS 79136 (D AZ, June 16, 2015), an Arizona federal district court dismissed a Muslim inmate's complaint that a Halal diet with meat was unavailable, but permitted him to move ahead with his 1st Amendment damage claim for denial of a shaving waiver for 7 months.
Friday, June 19, 2015
9th Circuit Rejects Inmate's RLUIPA Claim For Racially Segregated Cell
In Walker v. Beard, (9th Cir., June 18, 2015), the U.S. 9th Circuit Court of Appeals rejected an Aryan Christian Odinist prison inmate's claim that under RLUIPA he should be exempt from being classified as eligible for placement in a racially mixed cell-- just as inmates who have a history of perpetrating or being victimized by racial violence are exempted. Here inmate Dennis Walker claimed that part of his Odinist religious practice is "the spiritual circle of Odinist Warding" ritual. The presence of a non-Aryan in his cell during the ritual would pollute the spiritual circle. The court held that even though "the racially eligible classification under the Housing Policy substantially burdens his religious exercise," the state has a compelling interest in complying with constitutional requirements barring racial segregation in prisons, and its actions were the least restrictive means to further this compelling interest. The court added:
it is possible to imagine how the State might have maintained its race-neutral celling policy and offered an accommodation to Walker – for example, by giving him time outside his cell to perform the warding ritual by himself. But Walker never asked for such relief, nor has he given any indication that he would accept anything short of being assigned a white cellmate. The State has no additional obligation under RLUIPA independently to research and propose every possible way of mitigating that practice’s negative effects.... If Walker wants time outside his cell to perform the ritual, he needs to ask for it. If the State were to refuse him, that might be the basis for a separate RLUIPA challenge, but it does not bear on the challenge here, which is to the application of the Housing Policy to him without an exemption.The court also rejected Walker's 1st Amendment free exercise argument. Sacramento Bee reports on the decision.
Monday, June 15, 2015
Cert. Granted In Prisoner IFP Litigation Fee Case
The U.S. Supreme Court today granted certiorari in Bruce v. Samuels, (Docket No. 14-844, cert. granted 6/15/2015) (Order List), a case that is important for prisoner litigation over religious accommodations-- cases that are often brought by prisoners in forma pauperis. At issue is the interpretation of a provision in the Prison Litigation Reform Act that caps monthly payments by prisoners proceeding in forma pauperis at 20% (28 USC 1915(b)(2)). At issue in the case is whether a prisoner who files multiple cases or appeals has his monthly payment capped at 20% of his total income, or whether he must pay 20% of his income each month for each pending case. The Circuits are split on the issue. In the decision below (full text), the D.C. Circuit chose the per-case approach. The SCOTUS blog case page for the case is here.
Sunday, June 14, 2015
Recent Prisoner Free Exercise Cases
In Rowell v. Cox, 2015 Nev. App. Unpub. LEXIS 243 (NV App., , May 27, 2015), a Nevada appeals court affirmed dismissal of an inmate's complaint that his free exercise rights under the state and federal constitutions were infringed when prison authorities refused to furnish him a low-sodium, soybean-free, kosher diet so he could meet both his health and religious needs.
In Womack v. Cross, 2015 U.S. Dist. LEXIS 73884 (SD IL, June 8, 2015), an Illinois federal district court permitted a Native American inmate to proceed with his free exercise and equal protection challenge to the prison chaplain's hostile impediments to Native American ceremonies and worship.
In Young v. Biter, 2015 U.S. Dist. LEXIS 73944 (ED CA, June 8, 2015), a California federal magistrate judge dismissed, with leave to amend, a Messianic Jewish inmate's 200-page complaint alleging, among other things, denial of a kosher diet and denial of inmate minister status.
In Anderson v. United States, 2015 U.S. Dist. LEXIS 74249 (ED MO, June 9, 2015), a Missouri federal district court dismissed a suit by a prisoner awaiting trial on possession and distribution of heroin charges seeking a declaration that the government's decision to indict him and hold him for trial violates his free exercise rights. He claims that he "is a student of Esoteric and Mysticism studies" and that he distributes heroin to "the sick, lost, blind, lame, deaf, and dead members of Gods' Kingdom" to save their souls.
In Ramrattan v. Fischer, 2015 U.S. Dist. LEXIS 74510 (SD NY, June 9, 2015), a New York federal district court dismissed, with leave to amend, a Hindu inmate's complaint regarding failure to hire a Hindu chaplain and failure to provide him with a religious diet.
In Garcia v. Godinez, 2015 U.S. Dist. LEXIS 75125 (SD IL, June 10, 2015), an Illinois federal district court permitted an inmate who had changed his faith from Hebrew Israelite to Orthodox Jewish to move ahead with his complaint that he was being denied use of tefillin because the Department of Corrections contracted rabbi refused to instruct him in their use since he did not consider him Jewish.
In Wright v. Lassiter, 2015 U.S. Dist. LEXIS 75838 (ED NC, June 10, 2015), a North Carolina federal district court dismissed a Rastafarian inmate's complaint that prison authorities refused to recognize certain holidays he sought to observe.
In Womack v. Cross, 2015 U.S. Dist. LEXIS 73884 (SD IL, June 8, 2015), an Illinois federal district court permitted a Native American inmate to proceed with his free exercise and equal protection challenge to the prison chaplain's hostile impediments to Native American ceremonies and worship.
In Young v. Biter, 2015 U.S. Dist. LEXIS 73944 (ED CA, June 8, 2015), a California federal magistrate judge dismissed, with leave to amend, a Messianic Jewish inmate's 200-page complaint alleging, among other things, denial of a kosher diet and denial of inmate minister status.
In Anderson v. United States, 2015 U.S. Dist. LEXIS 74249 (ED MO, June 9, 2015), a Missouri federal district court dismissed a suit by a prisoner awaiting trial on possession and distribution of heroin charges seeking a declaration that the government's decision to indict him and hold him for trial violates his free exercise rights. He claims that he "is a student of Esoteric and Mysticism studies" and that he distributes heroin to "the sick, lost, blind, lame, deaf, and dead members of Gods' Kingdom" to save their souls.
In Ramrattan v. Fischer, 2015 U.S. Dist. LEXIS 74510 (SD NY, June 9, 2015), a New York federal district court dismissed, with leave to amend, a Hindu inmate's complaint regarding failure to hire a Hindu chaplain and failure to provide him with a religious diet.
In Garcia v. Godinez, 2015 U.S. Dist. LEXIS 75125 (SD IL, June 10, 2015), an Illinois federal district court permitted an inmate who had changed his faith from Hebrew Israelite to Orthodox Jewish to move ahead with his complaint that he was being denied use of tefillin because the Department of Corrections contracted rabbi refused to instruct him in their use since he did not consider him Jewish.
In Wright v. Lassiter, 2015 U.S. Dist. LEXIS 75838 (ED NC, June 10, 2015), a North Carolina federal district court dismissed a Rastafarian inmate's complaint that prison authorities refused to recognize certain holidays he sought to observe.
Sunday, June 07, 2015
Recent Prisoner Free Exercise Cases
In Howard v. Joyce Meyer Ministries, 2015 U.S. Dist. LEXIS 70768 (ED WI, June 1, 2015), a Wisconsin federal district court allowed a Therevedan Buddhist inmate to move ahead with complaints that a picture of Jesus was displayed on the library wall; gift bags containing hygiene products included Bible passages; the TV channel carrying inmate announcements had Christian radio audio; and a religious necklace he ordered was classified as contraband.
In Williams v. Leonard, 2015 U.S. Dist. LEXIS 72070 (ND NY, June 4, 2015), a New York federal district court permitted an inmate to move ahead with RLUIPA claims for injunctive relief regarding length of pants and family participation in Eid el-Adha, but dismissed his equal protection and damages claims.
In Anderson v. Olson, 2015 U.S. Dist. LEXIS 72595 (WD WI, June 4, 2015), a Wisconsin federal district court dismissed a Nation of Islam inmate's claim that his free exercise rights were infringed when officials threw out his copy of the Qur'an along with other books of his that were over the limit for the number of allowable books, rather than mailing them out to his family. However he was allowed to proceed on his due process claim.
In Furnace v. Gipson, 2015 U.S. Dist. LEXIS 72570 (ED CA, June 3, 2015), a California federal magistrate judge recommended permitting an inmate who practiced Shetaut Neter to proceed with his claim that his free exercise rights were infringed when he was unable to change his name or obtain items needed to practice his religion, particularly an ankh, a prayer mat, cleansing oil, and various dried fruits.
In Prim v. Jackson, 2015 U.S. Dist. LEXIS 72721 (SD OH, June 4, 2015), an Ohio federal district court adopted a magistrate's recommendation (see prior posting) and permitted a Natsarim (Messianic Jewish) inmate to move to an evidentiary hearing on his request for a preliminary injunction regarding Sabbath services, recognition of plaintiff's religious calendar, sack meals on Friday night for the Sabbath and retaliation for filing grievances.
In Kalican v. Dzurenda, 2015 U.S. Dist. LEXIS 72917 (D CT, June 5, 2015), a Connecticut federal district court denied an inmate's motion for rehearing on his complaint that on one occasion he was barred from carrying his kufi to the dining hall in his pocket.
In Amaker v. Goord, 2015 U.S. Dist. LEXIS 73133 (WD NY, June 5, 2015), a New York federal magistrate judge held that absent accompanying physical injury, under federal statutory law an inmate cannot recover compensatory damages for denial of access to religious services while in special housing unit. However the court awarded $1 nominal damages. It also granted plaintiff's request for a specific witness on a separate claim for punitive damages.
In Freeman v. Arpaio, 2015 U.S. Dist. LEXIS 71870 (D AZ, June 2, 2015), an Arizona federal district court dismissed with leave to amend using the proper court-approved form an atheist inmate's complaint that the Establishment Clause is violated by patriotic and religious songs that are played every morning and evening on the jail's televisions.
In Williams v. Leonard, 2015 U.S. Dist. LEXIS 72070 (ND NY, June 4, 2015), a New York federal district court permitted an inmate to move ahead with RLUIPA claims for injunctive relief regarding length of pants and family participation in Eid el-Adha, but dismissed his equal protection and damages claims.
In Anderson v. Olson, 2015 U.S. Dist. LEXIS 72595 (WD WI, June 4, 2015), a Wisconsin federal district court dismissed a Nation of Islam inmate's claim that his free exercise rights were infringed when officials threw out his copy of the Qur'an along with other books of his that were over the limit for the number of allowable books, rather than mailing them out to his family. However he was allowed to proceed on his due process claim.
In Furnace v. Gipson, 2015 U.S. Dist. LEXIS 72570 (ED CA, June 3, 2015), a California federal magistrate judge recommended permitting an inmate who practiced Shetaut Neter to proceed with his claim that his free exercise rights were infringed when he was unable to change his name or obtain items needed to practice his religion, particularly an ankh, a prayer mat, cleansing oil, and various dried fruits.
In Prim v. Jackson, 2015 U.S. Dist. LEXIS 72721 (SD OH, June 4, 2015), an Ohio federal district court adopted a magistrate's recommendation (see prior posting) and permitted a Natsarim (Messianic Jewish) inmate to move to an evidentiary hearing on his request for a preliminary injunction regarding Sabbath services, recognition of plaintiff's religious calendar, sack meals on Friday night for the Sabbath and retaliation for filing grievances.
In Kalican v. Dzurenda, 2015 U.S. Dist. LEXIS 72917 (D CT, June 5, 2015), a Connecticut federal district court denied an inmate's motion for rehearing on his complaint that on one occasion he was barred from carrying his kufi to the dining hall in his pocket.
In Amaker v. Goord, 2015 U.S. Dist. LEXIS 73133 (WD NY, June 5, 2015), a New York federal magistrate judge held that absent accompanying physical injury, under federal statutory law an inmate cannot recover compensatory damages for denial of access to religious services while in special housing unit. However the court awarded $1 nominal damages. It also granted plaintiff's request for a specific witness on a separate claim for punitive damages.
In Freeman v. Arpaio, 2015 U.S. Dist. LEXIS 71870 (D AZ, June 2, 2015), an Arizona federal district court dismissed with leave to amend using the proper court-approved form an atheist inmate's complaint that the Establishment Clause is violated by patriotic and religious songs that are played every morning and evening on the jail's televisions.
Sunday, May 31, 2015
Recent Prisoner Free Exercise Cases
In Grief v. Ask-Carlson, 2015 U.S. Dist. LEXIS 66653 (ED NY, May 21, 2015), a New York federal district court dismissed with leave to amend an inmate's claim that he needs two stuffed animals to use in his practice of meditation that is part of his quest for spiritual enlightenment.
In Allah v. Wade, 2015 U.S. Dist. LEXIS 66690 (ED NC, May 20, 2015), a North Carolina federal district court dismissed an inmate's claim that his religious material was seized and declared contraband and non-religious.
In Shabazz v. Lokey, 2015 U.S. Dist. LEXIS 67051 (WD VA, May 22, 2015), a Virginia federal district court permitted an inmate to move ahead with his claim that his Nation of Islam materials were seized and wrongly declared to be gang-related "Five Percenter" documents.
In Aytch v. Cox, 2015 U.S. Dist. LEXIS 67180 (D NV, May 21, 2015), a Nevada federal district court granted a Muslim inmate a preliminary injunction ordering prison officials to provide him with a diet that complies with both the tenets of his Muslim faith and his low sodium medical needs.
In Quinn v. Management & Training Corp., 2015 U.S. Dist. LEXIS 68388 (SD MS, May 4, 2015), a Mississippi federal magistrate judge recommended that an inmate's claim that officials refused to recognize Voodoo as his religion and to allow him access to written religious materials be dismissed as abandoned by plaintiff at the hearing.
In Winston v. Gray, 2015 U.S. Dist. LEXIS 69388 (ED MO, May 29, 2015), a Missouri federal district court dismissed an inmate's complaint that he is being denied kosher meals because he failed to comply with the court's discovery order.
In Sessing v. Beard, 2015 U.S. Dist. LEXIS 69916 (ED CA, May 28, 2015), a California federal magistrate judge vacated his earlier findings and recommendation to dismiss and gave plaintiff 30 days to file a new complaint alleging that Asatru/Odinists were arbitrarily denied access to the Native American fire pit and to a suitable worship area.
In Wahid v. Cruzen, 2015 U.S. Dist. LEXIS 70036 (ND CA, May 28, 2015), a California federal district court allowed a Muslim inmate to proceed with his claim for nominal and punitive damages for authorities' interrupting Muslim congregational prayer on one day.
In Allah v. Wade, 2015 U.S. Dist. LEXIS 66690 (ED NC, May 20, 2015), a North Carolina federal district court dismissed an inmate's claim that his religious material was seized and declared contraband and non-religious.
In Shabazz v. Lokey, 2015 U.S. Dist. LEXIS 67051 (WD VA, May 22, 2015), a Virginia federal district court permitted an inmate to move ahead with his claim that his Nation of Islam materials were seized and wrongly declared to be gang-related "Five Percenter" documents.
In Aytch v. Cox, 2015 U.S. Dist. LEXIS 67180 (D NV, May 21, 2015), a Nevada federal district court granted a Muslim inmate a preliminary injunction ordering prison officials to provide him with a diet that complies with both the tenets of his Muslim faith and his low sodium medical needs.
In Quinn v. Management & Training Corp., 2015 U.S. Dist. LEXIS 68388 (SD MS, May 4, 2015), a Mississippi federal magistrate judge recommended that an inmate's claim that officials refused to recognize Voodoo as his religion and to allow him access to written religious materials be dismissed as abandoned by plaintiff at the hearing.
In Winston v. Gray, 2015 U.S. Dist. LEXIS 69388 (ED MO, May 29, 2015), a Missouri federal district court dismissed an inmate's complaint that he is being denied kosher meals because he failed to comply with the court's discovery order.
In Sessing v. Beard, 2015 U.S. Dist. LEXIS 69916 (ED CA, May 28, 2015), a California federal magistrate judge vacated his earlier findings and recommendation to dismiss and gave plaintiff 30 days to file a new complaint alleging that Asatru/Odinists were arbitrarily denied access to the Native American fire pit and to a suitable worship area.
In Wahid v. Cruzen, 2015 U.S. Dist. LEXIS 70036 (ND CA, May 28, 2015), a California federal district court allowed a Muslim inmate to proceed with his claim for nominal and punitive damages for authorities' interrupting Muslim congregational prayer on one day.
Monday, May 18, 2015
Supreme Court Interprets Indigent Prisoner Litigation Statute
The U.S. Supreme Court today in Coleman v. Tollefson, (Sup. Ct., May 18, 2015), gave a literal interpretation to the "three strikes" provision of 28 USC Sec. 1915(g) that restricts the ability of inmates to bring multiple challenges to prison conditions without paying the required filing fees. The section, which qualifies the right of indigent inmates to file federal lawsuits in forma pauperis, provides:
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.In an opinion by Justice Breyer, the Court held unanimously that a dismissal which is under appeal still counts as one of the "three strikes" to prevent an additional lawsuit from being filed. The Court left open the question of whether this interpretation also would preclude an appeal of a trial court decision that was itself the third strike. Today's decision upholds the view of the 6th Circuit below, and rejects a contrary interpretation by a number of other Circuits. The decision will particularly impact inmates seeking religious accommodations from prison systems, since these cases rarely if ever will fall within the "imminent danger of serious physical injury" exception.
Sunday, May 17, 2015
Recent Prisoner Free Exercise Cases
In Quezada v. Long, 2015 U.S. Dist. LEXIS 61753 (CD CA, May 11, 2015), a California federal magistrate judge dismissed, with leave to amend, a complaint by an Orthodox Jewish inmate that he was not allowed to take his religious meals out of the dining hall to his cell, so that he could perform ritual washing of hands and recitation of prayers before eating.
In Strickland v. Godinez, 2015 U.S. Dist. LEXIS 62179 (SD IL, May 12, 2015), an Illinois federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 62176, April 20, 2015) and denied a preliminary injunction to an inmate who practices Asatruar who sought protection from retaliation, participation in worship, ownership of various ritual items and setting aside of sacred land where rituals could be performed.
In Porter v. Wegman, 2015 U.S. Dist. LEXIS 63573 (ED CA, May 15, 2015), a California federal magistrate judge recommended dismissing a House of Yahweh inmate's complaint over lack of accommodation of his Passover observance and denial of participation in the Jewish kosher diet program.
In Strickland v. Godinez, 2015 U.S. Dist. LEXIS 62179 (SD IL, May 12, 2015), an Illinois federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 62176, April 20, 2015) and denied a preliminary injunction to an inmate who practices Asatruar who sought protection from retaliation, participation in worship, ownership of various ritual items and setting aside of sacred land where rituals could be performed.
In Porter v. Wegman, 2015 U.S. Dist. LEXIS 63573 (ED CA, May 15, 2015), a California federal magistrate judge recommended dismissing a House of Yahweh inmate's complaint over lack of accommodation of his Passover observance and denial of participation in the Jewish kosher diet program.
Sunday, May 10, 2015
Recent Prisoner Fre Exercise Casess
In Ajala v. West, 2015 U.S. Dist. LEXIS 57944 (WD WI, May 4, 2015), a Wisconsin federal district court held that the state had not shown as a matter of law that banning a Muslim inmate from wearing a kufi outside his cell and group worship is the least restrictive means of furthering a compelling government interest. It ordered the case to trial on injunctive and declaratory relief, but found qualified immunity as to damages.
In Cauthen v. Rivera, 2015 U.S. Dist. LEXIS 58244 (ED CA, May 4, 2015), a California federal magistrate judge recommended dismissing a complaint by a Rastafarian inmate about a body cavity search. Plaintiff objected on religious grounds that it would be indecent to expose his naked body to people that don't "look like" him, such as females or homosexuals.
In Mallory v. Stanitis, 2015 Pa. Commw. Unpub. LEXIS 312 (PA Commnw. Ct., May 5, 2015), a 3-judge panel of the Pennsylvania Commonwealth Court affirmed a trial court's dismissal of a Muslim inmate's retaliation and free exercise claims growing out of plaintiff's insistence on wearing his pants legs rolled up to the middle of his shins for religious reasons.
In Pabon v. Cheshire County Department of Corrections, 2015 U.S. Dist. LEXIS 58717 (D NH, May 1, 2015), a New Hampshire federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 183796, April 17, 2014), and allowed an inmate to proceed with his constitutional, but not his RLUIPA, claims for damages based on allegations that he was denied access to religious items and prevented from practicing his religion.
In Rinaldi v. United States, 2015 U.S. Dist. LEXIS 59579 (MD PA, May 7, 2015), a Pennsylvania federal district court dismissed a Muslim inmate's complaint that he was denied the opportunity to engage in congregate Friday Jumuah prayers with other Muslims. While issues of fact remained as to plaintiff's claim under RFRA, he failed to allege personal involvement of any of the defendants.
In Fox v. Heyns, 2015 U.S. Dist. LEXIS 60247 (WD MI, May 7, 2015), a Michigan federal magistrate judge recommended dismissing as moot, as well as for failure to exhaust, complaints by two inmates seeking recognition of the Christian Identity Faith and its holy days as well as of full-body immersion.
In Wilson-El v. Mutayoba, 2015 U.S. Dist. LEXIS 60688 (SD IL, May 8, 2015), an Illinois federal district court upheld $10,100 punitive damage verdict a jury had awarded against a prison chaplain who had denied a Moorish Science Temple member a vegan diet.
In Oliver v. Adams, 2015 U.S. Dist. LEXIS 60859 (ED CA, May 7, 2015), a California federal magistrate judge recommended allowing a Shetaut Neter inmate to move ahead with his First Amendment, RLUIPA and equal protection claims asserting favoritism to conventional Western world religions and denials of a religious diet, prayer rug, religious materials, worship services, and other programming. UPDATE: The court adopted the magistrate's recommendations at 2015 U.S. Dist. LEXIS 126886 (Sept. 21, 2015).
In Cauthen v. Rivera, 2015 U.S. Dist. LEXIS 58244 (ED CA, May 4, 2015), a California federal magistrate judge recommended dismissing a complaint by a Rastafarian inmate about a body cavity search. Plaintiff objected on religious grounds that it would be indecent to expose his naked body to people that don't "look like" him, such as females or homosexuals.
In Mallory v. Stanitis, 2015 Pa. Commw. Unpub. LEXIS 312 (PA Commnw. Ct., May 5, 2015), a 3-judge panel of the Pennsylvania Commonwealth Court affirmed a trial court's dismissal of a Muslim inmate's retaliation and free exercise claims growing out of plaintiff's insistence on wearing his pants legs rolled up to the middle of his shins for religious reasons.
In Pabon v. Cheshire County Department of Corrections, 2015 U.S. Dist. LEXIS 58717 (D NH, May 1, 2015), a New Hampshire federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 183796, April 17, 2014), and allowed an inmate to proceed with his constitutional, but not his RLUIPA, claims for damages based on allegations that he was denied access to religious items and prevented from practicing his religion.
In Rinaldi v. United States, 2015 U.S. Dist. LEXIS 59579 (MD PA, May 7, 2015), a Pennsylvania federal district court dismissed a Muslim inmate's complaint that he was denied the opportunity to engage in congregate Friday Jumuah prayers with other Muslims. While issues of fact remained as to plaintiff's claim under RFRA, he failed to allege personal involvement of any of the defendants.
In Fox v. Heyns, 2015 U.S. Dist. LEXIS 60247 (WD MI, May 7, 2015), a Michigan federal magistrate judge recommended dismissing as moot, as well as for failure to exhaust, complaints by two inmates seeking recognition of the Christian Identity Faith and its holy days as well as of full-body immersion.
In Wilson-El v. Mutayoba, 2015 U.S. Dist. LEXIS 60688 (SD IL, May 8, 2015), an Illinois federal district court upheld $10,100 punitive damage verdict a jury had awarded against a prison chaplain who had denied a Moorish Science Temple member a vegan diet.
In Oliver v. Adams, 2015 U.S. Dist. LEXIS 60859 (ED CA, May 7, 2015), a California federal magistrate judge recommended allowing a Shetaut Neter inmate to move ahead with his First Amendment, RLUIPA and equal protection claims asserting favoritism to conventional Western world religions and denials of a religious diet, prayer rug, religious materials, worship services, and other programming. UPDATE: The court adopted the magistrate's recommendations at 2015 U.S. Dist. LEXIS 126886 (Sept. 21, 2015).
Sunday, May 03, 2015
Recent Prisoner Free Exercise Cases
In Herbert v. Balducci, 2015 U.S. Dist. LEXIS 54866 (WD WA, April 27, 2015), a Washington federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 54945, Jan. 8, 2015) and dismissed an inmate's claim that his free exercise rights were infringed by prison policy that limits reading material to a Bible while serving disciplinary confinement Plaintiff argued this means he is forced to read a Bible and cannot read his Alcoholics Anonymous Big Book.
In Truidalle v. Godinez, 2015 U.S. Dist. LEXIS 55061 (CD IL, April 28, 2015), an Illinois federal district court dismissed with leave to amend a complaint by a Rastafarian inmate that he was receiving a vegan rather than a kosher diet, and that his religion was wrongly changed on his identification card to "other."
In Walker v. Fasulo, 2015 U.S. Dist. LEXIS 56209 (D NV, April 29, 2015), a Nevada federal magistrate judge permitted a Muslim inmate to move ahead with his complaints that jail officials prevented him from praying (and threatened to send him to disciplinary housing if he prayed without permission), prevented him from attending Jumua services, and from obtaining Kosher-Halal meals.
In Simmons v. Williams, 2015 U.S. Dist. LEXIS 56134 (SD GA, April 29, 2015), a Georgia federal magistrate judge recommended permitting an inmate to move ahead with his claims that a search resulting in his being undressed in front of other men and having to shave his beard imposed a substantial burden on the exercise of his religion.
In Wilson-El v. Mutayoba, 2015 U.S. Dist. LEXIS 56163 (SD IL, April 29, 2015), an Illinois federal district court held that requiring an inmate who had successfully recovered $10,100 in punitive damages against prison officials who had denied his request for a vegan diet should not be required to pay more than a nominal amount of his $15,000 attorneys fees, with the remainder paid by defendants.
In Kindred v. Allenby, 2015 U.S. Dist. LEXIS 56318 (ED CA, April 29, 2015), a California federal magistrate judge dismissed with leave to amend a complaint by a Native American civil detainee that Native Americans were denied the right to hold Sunrise Prayer Ceremonies, were retaliated against for displaying sacred or spiritual items, and that his spiritual rug was confiscated and his medicine bag desecrated.
In Truidalle v. Godinez, 2015 U.S. Dist. LEXIS 55061 (CD IL, April 28, 2015), an Illinois federal district court dismissed with leave to amend a complaint by a Rastafarian inmate that he was receiving a vegan rather than a kosher diet, and that his religion was wrongly changed on his identification card to "other."
In Walker v. Fasulo, 2015 U.S. Dist. LEXIS 56209 (D NV, April 29, 2015), a Nevada federal magistrate judge permitted a Muslim inmate to move ahead with his complaints that jail officials prevented him from praying (and threatened to send him to disciplinary housing if he prayed without permission), prevented him from attending Jumua services, and from obtaining Kosher-Halal meals.
In Simmons v. Williams, 2015 U.S. Dist. LEXIS 56134 (SD GA, April 29, 2015), a Georgia federal magistrate judge recommended permitting an inmate to move ahead with his claims that a search resulting in his being undressed in front of other men and having to shave his beard imposed a substantial burden on the exercise of his religion.
In Wilson-El v. Mutayoba, 2015 U.S. Dist. LEXIS 56163 (SD IL, April 29, 2015), an Illinois federal district court held that requiring an inmate who had successfully recovered $10,100 in punitive damages against prison officials who had denied his request for a vegan diet should not be required to pay more than a nominal amount of his $15,000 attorneys fees, with the remainder paid by defendants.
In Kindred v. Allenby, 2015 U.S. Dist. LEXIS 56318 (ED CA, April 29, 2015), a California federal magistrate judge dismissed with leave to amend a complaint by a Native American civil detainee that Native Americans were denied the right to hold Sunrise Prayer Ceremonies, were retaliated against for displaying sacred or spiritual items, and that his spiritual rug was confiscated and his medicine bag desecrated.
Justice Department Wins Its Suit Against Florida To Require a Kosher Meal Program In Prisons
The U.S. Department of Justice has won it long-running lawsuit against the state of Florida over its prisons' kosher meal policy. In United States v. Secretary, Florida Department of Corrections, (SD FL, April 30, 2015), a Florida federal district court held that the blanket denial of kosher meals violates RLUIPA, and issued a permanent injunction requiring the state to provide kosher meals to those prisoners with a sincere religious belief requiring kosher meals. The state initially suspended its kosher meal program for budgetary reasons, but reinstituted a program in 2013. However the state rejects the claim that it is by law required to provide kosher meals. In granting the injunction, the court said in part:
Because neither side disputes that a blanket denial of kosher meals imposes a substantial burden on prisoners' religious exercise for those prisoners that have a sincere religious belief requiring them to eat kosher, the burden is on Defendants to demonstrate that denying such prisoners kosher meals (a) is in furtherance of a compelling state interest and (b) is the least restrictive means of achieving that interest. Throughout this litigation, Defendants have asserted that they have a compelling state interest in cost containment and that not providing a kosher diet is the least restrictive means of achieving cost containment. Defendants have not met their burden....
As the United States contends, it is hard to understand how Defendants can have a compelling state interest in not spending money that they are already voluntarily spending on the exact thing they claim to have an interest in not providing.The court also enjoined two other aspects of the religious diet program: the zero tolerance policy on infractions and the rule requiring removal from the program of an inmate who has missed 10% of his meals. However the court refused to enjoin the potential use as one part of its testing of an inmate's religious sincerity a question asking the inmate to identify the religious rules that require him to eat a religious diet. The Justice Department issued a press release announcing the decision. Orlando Sentinel yesterday reported on the decision.
Sunday, April 26, 2015
Recent Prisoner Free Exercise Cases
In West v. Grams, (7th Cir., April 22, 2015), the 7th Circuit vacated the district court's dismissal on mootness grounds of a Muslim inmate's RLUIPA claim. While the inmate had been transferred to another institution, the challenged policy of allowing religious services only if an outside volunteer is available to lead them is a system-wide policy.
In Holtz v. Pierce County, 2015 U.S. Dist. LEXIS 52453 (WD WA, April 20. 2015), a Washington federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 52448, April 1, 2015) and dismissed a number of claims by a Muslim inmate. Numerous claims were dismissed without prejudice for failure to exhaust administrative remedies. Claims relating to Halal meat and dessert; purchase of Kosher food; non-recorded visitations; threat and inappropriate language regarding religion by an officer; and conditions of housing unit regarding prayer were dismissed with prejudice.
In Desmond v. Phelps, 2015 U.S. Dist. LEXIS 52657 (D DE, April 22, 2015), a Delaware federal district court severed into three separate suits a case in which a number of inmates representing 3 different religions (Islam, Catholicism, Judaism) complained about availability of religious services.
In Allah v. Colorado Department of Corrections, 2015 U.S. Dist. LEXIS 52792 (D CO, April 22, 2015), a Colorado federal district court dismissed a Muslim inmate's complaint that after he had legally changed his name to a religious name, prison authorities only allowed him to use that as an a.k.a. along with name under which he was originally committed.
In Montague v. Schofield, 2015 U.S. Dist. LEXIS 53208 (ED TN, April 22, 2015), a Tennessee federal district court dismissed an inmate's complaint that religious programs have been curtailed and that Muslim inmates are allowed to purchase prayer oil only from a single vendor, but with general leave to amend because class action status had been denied for these and numerous other claims.
In El v. Wehling, 2015 U.S. Dist. LEXIS 53356 (D NJ, April 23, 2015), a New Jersey federal district court in dealing with a sprawling 537-page complaint raising 49 counts relating to plaintiff's arrest and his being charged with weapons and drug offenses among other things dismissed plaintiff's claim that his free exercise rights were infringed when officials used his given name rather than his Moorish name on court papers.
In Barstad v. Wright, 2015 U.S. Dist. LEXIS 53573 (WD WA, April 23, 2015), a Washington federal magistrate judge recommend dismissing an inmate's complaint that his free exercise rights were infringed by various mail rejections.
In Kuykendall v. Kennell, 2015 U.S. Dist. LEXIS 53798 (CD IL, April 24, 2015), an Illinois federal district court dismissed an inmate's complaint that his requests to change his religious affiliation from Catholic to Messianic Hebrew, then to Judaism, and lastly to Assemblies of Yahweh were not honored to legitimize his requests for a list of Jewish holidays, special religious holiday meals and a Kosher diet.
In Holtz v. Pierce County, 2015 U.S. Dist. LEXIS 52453 (WD WA, April 20. 2015), a Washington federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 52448, April 1, 2015) and dismissed a number of claims by a Muslim inmate. Numerous claims were dismissed without prejudice for failure to exhaust administrative remedies. Claims relating to Halal meat and dessert; purchase of Kosher food; non-recorded visitations; threat and inappropriate language regarding religion by an officer; and conditions of housing unit regarding prayer were dismissed with prejudice.
In Desmond v. Phelps, 2015 U.S. Dist. LEXIS 52657 (D DE, April 22, 2015), a Delaware federal district court severed into three separate suits a case in which a number of inmates representing 3 different religions (Islam, Catholicism, Judaism) complained about availability of religious services.
In Allah v. Colorado Department of Corrections, 2015 U.S. Dist. LEXIS 52792 (D CO, April 22, 2015), a Colorado federal district court dismissed a Muslim inmate's complaint that after he had legally changed his name to a religious name, prison authorities only allowed him to use that as an a.k.a. along with name under which he was originally committed.
In Montague v. Schofield, 2015 U.S. Dist. LEXIS 53208 (ED TN, April 22, 2015), a Tennessee federal district court dismissed an inmate's complaint that religious programs have been curtailed and that Muslim inmates are allowed to purchase prayer oil only from a single vendor, but with general leave to amend because class action status had been denied for these and numerous other claims.
In El v. Wehling, 2015 U.S. Dist. LEXIS 53356 (D NJ, April 23, 2015), a New Jersey federal district court in dealing with a sprawling 537-page complaint raising 49 counts relating to plaintiff's arrest and his being charged with weapons and drug offenses among other things dismissed plaintiff's claim that his free exercise rights were infringed when officials used his given name rather than his Moorish name on court papers.
In Barstad v. Wright, 2015 U.S. Dist. LEXIS 53573 (WD WA, April 23, 2015), a Washington federal magistrate judge recommend dismissing an inmate's complaint that his free exercise rights were infringed by various mail rejections.
In Kuykendall v. Kennell, 2015 U.S. Dist. LEXIS 53798 (CD IL, April 24, 2015), an Illinois federal district court dismissed an inmate's complaint that his requests to change his religious affiliation from Catholic to Messianic Hebrew, then to Judaism, and lastly to Assemblies of Yahweh were not honored to legitimize his requests for a list of Jewish holidays, special religious holiday meals and a Kosher diet.
Sunday, April 19, 2015
Recent Prisoner Free Exercise Cases
In Adams v. Scott, 2015 U.S. Dist. LEXIS 47928 (CD IL, April 10, 015), an Illinois federal district court permitted five non-denominational civil detainees to move ahead with their complaint that their RLUIPA and free exercise rights were infringed by refusal to create non-denominational religious services and by a policy that requires them to declare an affiliation with a denomination in order to attend services.
In Prim v. Jackson, 2015 U.S. Dist. LEXIS 48970 (SD OH, April 14, 2015), an Ohio federal magistrate judge recommended dismissing a number of complaints by an inmate, including his request that Natsarim be recognized as a subcategory under the Messianic Jewish faith and access to religious instructional videos. However he recommended that plaintiff be permitted to proceed to an evdentiary hearing on his request for a preliminary injunction regarding Sabbath services, recognition of plaintiff's religious calendar, sack meals on Friday night for the Sabbath and retaliation for filing grievances.
In Clark v. Davis, 2015 U.S. Dist. LEXIS 4975 (ND CA, April 15, 2015), a California federal district court allowed a Messianic Jewish death row in mate to proceed with his challenge to a policy that limits his access to clergy.
In Masas v. Conte, 2015 U.S. Dist. LEXIS 50009 (ND NY, April 16, 2015) a New York federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 50527, March 25, 2015) and dismissed for failure to exhaust administrative remedies an inmate's complaint that correction officers threatened to assault him if he did not shave his beard that he wore because of his Muslim religious faith.
In Gomez v. Chill, 2015 U.S. Dist. LEXIS 50800 (SD NY, April 17, 2015), a New York federal magistrate judge recommended on various procedural and substantive grounds dismissing the complaint by a Messianic Jewish inmate that he was denied kosher food and the right to attend Jewish religious services.
In Moore v. Hartley, 2015 U.S. Dist. LEXIS 50904 (D CO, April 17, 2015), a Colorado federal district court dismissed an inmate's complaint that while at a private correctional re-entry center his free exercise, RLUIPA and Establishment Clause rights were infringed by the requirement that each morning, inmates stand and recite the correctional center's "Credo", "Attitude", and "Choices."
In Prim v. Jackson, 2015 U.S. Dist. LEXIS 48970 (SD OH, April 14, 2015), an Ohio federal magistrate judge recommended dismissing a number of complaints by an inmate, including his request that Natsarim be recognized as a subcategory under the Messianic Jewish faith and access to religious instructional videos. However he recommended that plaintiff be permitted to proceed to an evdentiary hearing on his request for a preliminary injunction regarding Sabbath services, recognition of plaintiff's religious calendar, sack meals on Friday night for the Sabbath and retaliation for filing grievances.
In Clark v. Davis, 2015 U.S. Dist. LEXIS 4975 (ND CA, April 15, 2015), a California federal district court allowed a Messianic Jewish death row in mate to proceed with his challenge to a policy that limits his access to clergy.
In Masas v. Conte, 2015 U.S. Dist. LEXIS 50009 (ND NY, April 16, 2015) a New York federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 50527, March 25, 2015) and dismissed for failure to exhaust administrative remedies an inmate's complaint that correction officers threatened to assault him if he did not shave his beard that he wore because of his Muslim religious faith.
In Gomez v. Chill, 2015 U.S. Dist. LEXIS 50800 (SD NY, April 17, 2015), a New York federal magistrate judge recommended on various procedural and substantive grounds dismissing the complaint by a Messianic Jewish inmate that he was denied kosher food and the right to attend Jewish religious services.
In Moore v. Hartley, 2015 U.S. Dist. LEXIS 50904 (D CO, April 17, 2015), a Colorado federal district court dismissed an inmate's complaint that while at a private correctional re-entry center his free exercise, RLUIPA and Establishment Clause rights were infringed by the requirement that each morning, inmates stand and recite the correctional center's "Credo", "Attitude", and "Choices."
Sunday, April 12, 2015
Recent Prisoner Free Exercise Cases
In Wilkinson v. Geo Group, Inc., (11th Cir., April 7, 2015), the 11th Circuit affirmed the dismissal of a Santeria inmate's complaint that during a cell search a Santeria artifact was confiscated and a shrine destroyed. Authorities had offered to reimburse him for the shrine.
In Giorgio v. Jackson, 2015 U.S. Dist. LEXIS 44243 (D MA, April 1, 2015), a Massachusetts federal district court allowed Native American inmates to proceed with their complaint that they were denied access to smudging materials and ceremonies. Claims regarding denial of feathers, off-site pow-wows and purification lodge ceremonies were dismissed.
In Mitchell v. Mississippi Department of Corrections, 2015 U.S. Dist. LEXIS 43600 (ND MI, April 2. 2015), a Mississippi federal district court dismissed a Muslim inmate's complaint that Friday Jumu'ah services were cancelled for a number of months in one prison unit for security reasons.
In Varsanyi v. Piazza, 2015 U.S. Dist. LEXIS 46473, (MD PA. April 9, 2015), a Pennsylvania federal district court dismissed a complaint by a now-released Jewish inmate that the correctional facility's kosher diet did not meet Orthodox Jewish standards, that he was denied visits by an Orthodox Jewish rabbi and denied religious materials.
In Tamayo v. Fisher, 2015 U.S. Dist. LEXIS 46694 (ED CA, April 9, 2015), a California federal magistrate judge recommended that a Muslim inmate be allowed to proceed with his free exercise and RLUIPA complaint that his request to be placed on the list for Ramadan meals was ignored.
In Porter v. Biter, 2015 U.S. Dist. LEXIS 46725 (ED CA, April 9, 2015), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that he was denied permission to legally change his name to one consistent with his Islamic faith.
In Giorgio v. Jackson, 2015 U.S. Dist. LEXIS 44243 (D MA, April 1, 2015), a Massachusetts federal district court allowed Native American inmates to proceed with their complaint that they were denied access to smudging materials and ceremonies. Claims regarding denial of feathers, off-site pow-wows and purification lodge ceremonies were dismissed.
In Mitchell v. Mississippi Department of Corrections, 2015 U.S. Dist. LEXIS 43600 (ND MI, April 2. 2015), a Mississippi federal district court dismissed a Muslim inmate's complaint that Friday Jumu'ah services were cancelled for a number of months in one prison unit for security reasons.
In Varsanyi v. Piazza, 2015 U.S. Dist. LEXIS 46473, (MD PA. April 9, 2015), a Pennsylvania federal district court dismissed a complaint by a now-released Jewish inmate that the correctional facility's kosher diet did not meet Orthodox Jewish standards, that he was denied visits by an Orthodox Jewish rabbi and denied religious materials.
In Tamayo v. Fisher, 2015 U.S. Dist. LEXIS 46694 (ED CA, April 9, 2015), a California federal magistrate judge recommended that a Muslim inmate be allowed to proceed with his free exercise and RLUIPA complaint that his request to be placed on the list for Ramadan meals was ignored.
In Porter v. Biter, 2015 U.S. Dist. LEXIS 46725 (ED CA, April 9, 2015), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that he was denied permission to legally change his name to one consistent with his Islamic faith.
Monday, April 06, 2015
Recent Prisoner Free Exercise Cases
In Webb v. Broyles, 2015 U.S. Dist. LEXIS 39755 (WD VA, March 30, 2015), a Virginia federal district court permitted a Buddhist inmate to move ahead with his claim that the food services manager falsely accused him of violating the religious diet agreement in order to save money by getting him suspended from the Common Fare diet.
In Guillory v. Weber, 2015 U.S. Dist. LEXIS 39127 (ND NY, March 27, 2015), a New York federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 39836, March 6, 2015) and dismissed complaints by a Jewish inmate regarding lack of religious services on one day, no meal for breaking Fast of Tammuz, and lack of a microwave to heat meals to eat in the Sukkah and inability to access the Sukkah on certain days.
In Washington v. Chaboty, 2015 U.S. Dist. LEXIS 40245 (SD NY, March 30, 2015), a New York federal district court refused to dismiss an inmate's complaint that his placement in the special housing unit was was unconstitutionally in retaliation for his giving a copy of the Qur'an with attached material to a corrections officer. The court dismissed his complaint about the lack of religious services and classes in SHU.
In Jenkins v. Stutsman County Correction Center Commissioner Chairman, 2015 U.S. Dist. LEXIS 40614 (D ND, March 30, 2015), a North Dakota federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 40612, March 4, 2015) and dismissed a Muslim inmate's complaint about the food furnished to him during Ramadan.
In Sessing v. Beard, 2015 U.S. Dist. LEXIS 40834 (ED CA, March 30, 2015), a California federal magistrate judge recommended dismissing a complaint by an inmate seeking to have authorities construct an outdoor worship area for the exclusive use of adherents of Asatru/Odinism. A shared pagan grounds area already existed.
In Ealy v. Keen, 2015 U.S. Dist. LEXIS 40883 (MD PA, March 31, 2015), a Pennsylvania federal district court dismissed a Muslim inmate's complaints regarding additional Islamic classes, lack of a separate Halal meal plan, Ramadan arrangements, and rules on prayer oil and religious materials.
In Butts v. Martin, 2015 U.S. Dist. LEXIS 40908 (ED TX, March 30, 2015), a Texas federal district court dismissed a Hasidic Jewish inmate's complaint that on one occasion he was told by a corrections officer that he would either have to remove his yarmulke or leave the chow hall. He left.
In Thompson v. Holm, 2015 U.S. Dist. LEXIS 42028 (ED WI, March 30, 2015), a Wisconsin federal magistrate judge concluded that an allegedly wrongful removal of a Muslim inmate from the Ramadan participation list, which resulted in him missing two Ramadan meal bags, did not substantially burden his religious exercise.
In Guillory v. Weber, 2015 U.S. Dist. LEXIS 39127 (ND NY, March 27, 2015), a New York federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 39836, March 6, 2015) and dismissed complaints by a Jewish inmate regarding lack of religious services on one day, no meal for breaking Fast of Tammuz, and lack of a microwave to heat meals to eat in the Sukkah and inability to access the Sukkah on certain days.
In Washington v. Chaboty, 2015 U.S. Dist. LEXIS 40245 (SD NY, March 30, 2015), a New York federal district court refused to dismiss an inmate's complaint that his placement in the special housing unit was was unconstitutionally in retaliation for his giving a copy of the Qur'an with attached material to a corrections officer. The court dismissed his complaint about the lack of religious services and classes in SHU.
In Jenkins v. Stutsman County Correction Center Commissioner Chairman, 2015 U.S. Dist. LEXIS 40614 (D ND, March 30, 2015), a North Dakota federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 40612, March 4, 2015) and dismissed a Muslim inmate's complaint about the food furnished to him during Ramadan.
In Sessing v. Beard, 2015 U.S. Dist. LEXIS 40834 (ED CA, March 30, 2015), a California federal magistrate judge recommended dismissing a complaint by an inmate seeking to have authorities construct an outdoor worship area for the exclusive use of adherents of Asatru/Odinism. A shared pagan grounds area already existed.
In Ealy v. Keen, 2015 U.S. Dist. LEXIS 40883 (MD PA, March 31, 2015), a Pennsylvania federal district court dismissed a Muslim inmate's complaints regarding additional Islamic classes, lack of a separate Halal meal plan, Ramadan arrangements, and rules on prayer oil and religious materials.
In Butts v. Martin, 2015 U.S. Dist. LEXIS 40908 (ED TX, March 30, 2015), a Texas federal district court dismissed a Hasidic Jewish inmate's complaint that on one occasion he was told by a corrections officer that he would either have to remove his yarmulke or leave the chow hall. He left.
In Thompson v. Holm, 2015 U.S. Dist. LEXIS 42028 (ED WI, March 30, 2015), a Wisconsin federal magistrate judge concluded that an allegedly wrongful removal of a Muslim inmate from the Ramadan participation list, which resulted in him missing two Ramadan meal bags, did not substantially burden his religious exercise.
Tuesday, March 31, 2015
Recent Prisoner Free Exercise Cases-- Installment 2 For the Week
In Epps v. Grannis, (9th Cir., March 27, 2015), the 9th Circuit upheld the district court's dismissal of a Muslim inmate's complaints regarding lack of a kosher diet, the prison's package policy, lack of a Muslim chaplain, failure to allow him to worship in a group setting following a prison riot in 2008; failure to deliver his Ramadan package in 2008; and confiscation of his religious books in 2010, which were returned in 2012.
In Williams v. GEO Group, 2015 U.S. Dist. LEXIS 37094 (MD GA, March 25, 2015), a Georgia federal magistrate judge recommended permitting a Rastafarian inmate to proceed with his free exercise and RLUIPA complaints that he was required to shave in violation of his Nazerite vow.
In Altman v. Palmer, 2015 U.S. Dist. LEXIS 37555 (ND IA, March 25, 2015), an Iowa federal district court rejected a claim by a civilly committed sex offender that his free exercise rights were infringed when he was not permitted to travel to attend the church in the town in which his family resided.
In Spigelman v. Samuels, 2015 U.S. Dist. LEXIS 38147 (ED KY, March 26, 2015), a Kentucky federal district court dismissed a Jewish inmate's complaint that his use of tefillin was restricted while he was in the prison's special housing unit.
In Hart v. Shearin, 2015 U.S. Dist. LEXIS 38189 (D MD, March 26, 2015), a Maryland federal district court upheld a prison's policy of limiting or cancelling religious services for problem inmates during a period of institutional lock-down. Inmates could have access to a chaplain and a religious TV video. Plaintiff's motion to file an amended complaint indicating that he had no TV and needed to see a chaplain was granted.
In Freeman v. Budnick, 2015 U.S. Dist. LEXIS 38613 (ED AR, March 26, 2015), an Arkansas federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 38618, March 4, 2015) and dismissed a complaint by an Odinist inmate that while in punitive isolation he was denied various items needed to practice his religion such as a Thor's hammer, a set of runes and rune cloth, an Odinist text, an altar and altar cloth and a wooden statue.
In Scott v. Erdogan, 2015 U.S. Dist. LEXIS 38739, (M.D. Pa. Mar. 25, 2015), a Pennsylvania federal district court concluded that factual issues for trial exist as to a Sunni Muslim inmate's complaint that there were only Wahhabi/Salafi services conducted and his RLUIPA complaint about the timing of Ramadan prayer. A number of other complaints about infringements of his religious practices were dismissed.
In Cox v. Stephens, 2015 U.S. Dist. LEXIS 39051 (SD TX, March 27, 2015), a Texas federal district court dismissed a Native American inmate's challenge to the Texas grooming policy that prohibits him from growing his hair, the religious objects policy that prohibits him from wearing his medicine bag at all times, and the pipe policy prohibiting him from partaking in the communal pipe. They were found to be the least restrictive means of furthering a compelling interest.
In Williams v. GEO Group, 2015 U.S. Dist. LEXIS 37094 (MD GA, March 25, 2015), a Georgia federal magistrate judge recommended permitting a Rastafarian inmate to proceed with his free exercise and RLUIPA complaints that he was required to shave in violation of his Nazerite vow.
In Altman v. Palmer, 2015 U.S. Dist. LEXIS 37555 (ND IA, March 25, 2015), an Iowa federal district court rejected a claim by a civilly committed sex offender that his free exercise rights were infringed when he was not permitted to travel to attend the church in the town in which his family resided.
In Spigelman v. Samuels, 2015 U.S. Dist. LEXIS 38147 (ED KY, March 26, 2015), a Kentucky federal district court dismissed a Jewish inmate's complaint that his use of tefillin was restricted while he was in the prison's special housing unit.
In Hart v. Shearin, 2015 U.S. Dist. LEXIS 38189 (D MD, March 26, 2015), a Maryland federal district court upheld a prison's policy of limiting or cancelling religious services for problem inmates during a period of institutional lock-down. Inmates could have access to a chaplain and a religious TV video. Plaintiff's motion to file an amended complaint indicating that he had no TV and needed to see a chaplain was granted.
In Freeman v. Budnick, 2015 U.S. Dist. LEXIS 38613 (ED AR, March 26, 2015), an Arkansas federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 38618, March 4, 2015) and dismissed a complaint by an Odinist inmate that while in punitive isolation he was denied various items needed to practice his religion such as a Thor's hammer, a set of runes and rune cloth, an Odinist text, an altar and altar cloth and a wooden statue.
In Scott v. Erdogan, 2015 U.S. Dist. LEXIS 38739, (M.D. Pa. Mar. 25, 2015), a Pennsylvania federal district court concluded that factual issues for trial exist as to a Sunni Muslim inmate's complaint that there were only Wahhabi/Salafi services conducted and his RLUIPA complaint about the timing of Ramadan prayer. A number of other complaints about infringements of his religious practices were dismissed.
In Cox v. Stephens, 2015 U.S. Dist. LEXIS 39051 (SD TX, March 27, 2015), a Texas federal district court dismissed a Native American inmate's challenge to the Texas grooming policy that prohibits him from growing his hair, the religious objects policy that prohibits him from wearing his medicine bag at all times, and the pipe policy prohibiting him from partaking in the communal pipe. They were found to be the least restrictive means of furthering a compelling interest.
Sunday, March 29, 2015
Recent Prisoner Free Exercise Cases
In Stavenjord v. Schmimdt, (AK Sup. Ct., March 20, 2015), the Alaska Supreme Court held that a trial court was incorrect in dismissing a RLUIPA claim by a Buddhist prisoner who wanted to receive a kosher diet and to purchase a prayer shawl.
In Lewis v. Godinez, 2015 U.S. Dist. LEXIS 34839 (ND IL, March 20, 2015), an Illinois federal district court allowed a Rastafarian inmate to proceed with his complaints that he was forced to cut his dreadlocks, denied access to religious literature, and that the prison refused to hire a Rastafarian religious leader or provide Rastafarian services.
In Lagar v. Tegels, 2015 U.S. Dist. LEXIS 34842 (WD WI, March 20, 2015), a Wisconsin federal district court dismissed an inmate's claim that his religious freedom was infringed when he was denied the right to wear a Rosicrucian emblem.
In Campbell v. Greeley, 2015 U.S. Dist. LEXIS 34967 (WD AR, March 20, 2015), an Arkansas federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 34980, Feb. 27, 2015) and dismissed an inmate's complaint that the detention center in which he was housed did not provide religious services.
In Browning v. Seifert, 2015 U.S. Dist. LEXIS 35079 (ND WV, March 20, 2015), a West Virginia federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 35075, Feb. 11, 2015) and allowed an Orthodox Jewish inmate to move ahead with his suit seeking various accommodations for kosher food, wearing of religious clothing, celebration of various holidays and permission to refrain from shaving and cutting his hair. Numerous other claims were dismissed.
In Hughes v. Heimgartner, 2015 U.S. Dist. LEXIS 35642 (D KS, March 23, 2015), a Kansas federal district court refused to grant summary judgment to defendants on complaints by a Muslim inmate that he was denied access to an Eid ul Fitr meal because he was in disciplinary segregation.
In Banks v. NYPD, 2015 U.S. Dist. LEXIS 35129 (WD PA, March 20, 2015), a Pennsylvania federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 35770, Feb. 26, 2015) and dismissed an inmate's claim that Defendants conspired to keep him confined in a halfway house and to require him to apply for funds through two Christian organizations because of his status as a Wiccan, Warlock and Witch.
In McDonald v. West Contra Costa Narcotics Enforcement Team, 2015 U.S. Dist. LEXIS 36125 (ND CA, March 20, 2015), a California federal district court permitted an inmate to proceed with his complaint that his request for vegetarian meals was denied. Plaintiff was an adherent of "Evenism," a "religious and spiritual worldview" that "eating the flesh of land-based animals is no different than eating human flesh."
In Bell v. Scott, 2015 U.S. Dist. LEXIS 36262 (CD IL, March 24, 2015), an Illinois federal district court permitted a Seventh Day Adventist civil detainee to proceed with his complaint that authorities have refused to allow religious leaders to bring in a portable pool to baptize him.
In Jones v. Federal Bureau of Prisons, 2015 U.S. Dist. LEXIS 37080 (WD TN, March 24, 2015), a Tennessee federal district court permitted an inmate to proceed with his claim that he was denied equal protection when he was terminated from his prison job because of his religion.
In Lewis v. Godinez, 2015 U.S. Dist. LEXIS 34839 (ND IL, March 20, 2015), an Illinois federal district court allowed a Rastafarian inmate to proceed with his complaints that he was forced to cut his dreadlocks, denied access to religious literature, and that the prison refused to hire a Rastafarian religious leader or provide Rastafarian services.
In Lagar v. Tegels, 2015 U.S. Dist. LEXIS 34842 (WD WI, March 20, 2015), a Wisconsin federal district court dismissed an inmate's claim that his religious freedom was infringed when he was denied the right to wear a Rosicrucian emblem.
In Campbell v. Greeley, 2015 U.S. Dist. LEXIS 34967 (WD AR, March 20, 2015), an Arkansas federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 34980, Feb. 27, 2015) and dismissed an inmate's complaint that the detention center in which he was housed did not provide religious services.
In Browning v. Seifert, 2015 U.S. Dist. LEXIS 35079 (ND WV, March 20, 2015), a West Virginia federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 35075, Feb. 11, 2015) and allowed an Orthodox Jewish inmate to move ahead with his suit seeking various accommodations for kosher food, wearing of religious clothing, celebration of various holidays and permission to refrain from shaving and cutting his hair. Numerous other claims were dismissed.
In Hughes v. Heimgartner, 2015 U.S. Dist. LEXIS 35642 (D KS, March 23, 2015), a Kansas federal district court refused to grant summary judgment to defendants on complaints by a Muslim inmate that he was denied access to an Eid ul Fitr meal because he was in disciplinary segregation.
In Banks v. NYPD, 2015 U.S. Dist. LEXIS 35129 (WD PA, March 20, 2015), a Pennsylvania federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 35770, Feb. 26, 2015) and dismissed an inmate's claim that Defendants conspired to keep him confined in a halfway house and to require him to apply for funds through two Christian organizations because of his status as a Wiccan, Warlock and Witch.
In McDonald v. West Contra Costa Narcotics Enforcement Team, 2015 U.S. Dist. LEXIS 36125 (ND CA, March 20, 2015), a California federal district court permitted an inmate to proceed with his complaint that his request for vegetarian meals was denied. Plaintiff was an adherent of "Evenism," a "religious and spiritual worldview" that "eating the flesh of land-based animals is no different than eating human flesh."
In Bell v. Scott, 2015 U.S. Dist. LEXIS 36262 (CD IL, March 24, 2015), an Illinois federal district court permitted a Seventh Day Adventist civil detainee to proceed with his complaint that authorities have refused to allow religious leaders to bring in a portable pool to baptize him.
In Jones v. Federal Bureau of Prisons, 2015 U.S. Dist. LEXIS 37080 (WD TN, March 24, 2015), a Tennessee federal district court permitted an inmate to proceed with his claim that he was denied equal protection when he was terminated from his prison job because of his religion.
Sunday, March 22, 2015
Recent Prisoner Free Exercise Cases
In Bolds v. Cavazos, (9th Cir., March 20, 2015), the 9th Circuit held that the district court properly dismissed an inmate's free exercise claim because he failed to allege facts showing that the confiscation of his television substantially burdened the practice of his religion.
In Rojas v. Heimgartner, (10th Cir., March 20, 2015), the 10th Circuit upheld a prison policy barring Native American inmates from wearing colored bandannas outside of group religious worship services.
In Prim v. Jackson, 2015 U.S. Dist. LEXIS 32004 (SD OH, March 16, 2015), an inmate alleged he was prevented from celebrating the Passover seder, that inadequate security in the Chapel for female staff caused it to be closed from Friday night to Saturday night, and he was denied kosher meals. A federal magistrate judge recommended dismissing some of the claims against certain of the defendants.
In Marshall v. Pennsylvania Department of Corrections, 2015 U.S. Dist. LEXIS 32773 (MD PA, March 17, 2015), a Pennsylvania federal magistrate judge upheld a prison's refusal to provide separate congregate religious services for Nation of Islam adherents, limiting them to worshiping with Sunni Muslims.
In Brock-Butler v. Parker, 2015 U.S. Dist. LEXIS 33402 (WD KY, March 18, 2015), a Kentucky federal district court, in a case primarily about the use of excessive force against an inmate, permitted plaintiff to also proceed with a free exercise claim that he was forced to shave his head to treat a gash that resulted from his being Tasered.
In Williams v. Wilkinson, 2015 U.S. Dist. LEXIS 34172 (ED OK, March 19, 2015), an Oklahoma federal district court dismissed, for failure to exhaust administrative remedies, an inmate's complaint that Muslim communal religious services were suspended. It dismissed on the merits plaintiff's complaint that he had been denied a kosher diet.
In Shepherd v. Fischer, 2015 U.S. Dist. LEXIS 33110 (ND NY, March 18, 2015), a New York federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 34238, Feb. 23, 2015) and permitted a Rastafarian inmate to proceed against certain defendants on his complaint regarding several interferences with his religious practices.(diet, dreadlocks, religious services).
In Rogers v. Dart, 2015 U.S. Dist. LEXIS 34464 (ND IL, March 19, 2015), an Illinois federal district court permitted an inmate to proceed with his complaints regarding religious diet and auditing of his commissary purchases as retaliation for filing a grievance.
In Rojas v. Heimgartner, (10th Cir., March 20, 2015), the 10th Circuit upheld a prison policy barring Native American inmates from wearing colored bandannas outside of group religious worship services.
In Prim v. Jackson, 2015 U.S. Dist. LEXIS 32004 (SD OH, March 16, 2015), an inmate alleged he was prevented from celebrating the Passover seder, that inadequate security in the Chapel for female staff caused it to be closed from Friday night to Saturday night, and he was denied kosher meals. A federal magistrate judge recommended dismissing some of the claims against certain of the defendants.
In Marshall v. Pennsylvania Department of Corrections, 2015 U.S. Dist. LEXIS 32773 (MD PA, March 17, 2015), a Pennsylvania federal magistrate judge upheld a prison's refusal to provide separate congregate religious services for Nation of Islam adherents, limiting them to worshiping with Sunni Muslims.
In Brock-Butler v. Parker, 2015 U.S. Dist. LEXIS 33402 (WD KY, March 18, 2015), a Kentucky federal district court, in a case primarily about the use of excessive force against an inmate, permitted plaintiff to also proceed with a free exercise claim that he was forced to shave his head to treat a gash that resulted from his being Tasered.
In Williams v. Wilkinson, 2015 U.S. Dist. LEXIS 34172 (ED OK, March 19, 2015), an Oklahoma federal district court dismissed, for failure to exhaust administrative remedies, an inmate's complaint that Muslim communal religious services were suspended. It dismissed on the merits plaintiff's complaint that he had been denied a kosher diet.
In Shepherd v. Fischer, 2015 U.S. Dist. LEXIS 33110 (ND NY, March 18, 2015), a New York federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 34238, Feb. 23, 2015) and permitted a Rastafarian inmate to proceed against certain defendants on his complaint regarding several interferences with his religious practices.(diet, dreadlocks, religious services).
In Rogers v. Dart, 2015 U.S. Dist. LEXIS 34464 (ND IL, March 19, 2015), an Illinois federal district court permitted an inmate to proceed with his complaints regarding religious diet and auditing of his commissary purchases as retaliation for filing a grievance.
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