Recent Prisoner Free Exercise Cases-- Installment #2 For the Week

In Hall v. Martin, 2015 U.S. Dist. LEXIS 29585 (WD MI, March 11, 2015), a Michigan federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 30572, Feb. 18, 2015) and denied summary judgment to a Messianic Jewish inmate who was suing because he was denied a strict vegetarian diet.

In Haynes v. Hedgpeth, 2015 U.S. Dist. LEXIS 30673 (ND CA, March 12, 2015), a California federal district court refused to dismiss some of the claims by a Muslim inmate complaining that he was denied access to group Jumu'ah prayer. The court referred the case for settlement proceedings.

In Chaparro v. Ducart, 2015 U.S. Dist. LEXIS 30912 (ND CA, March 9, 2015), a California federal district court permitted a Jehovah's Witness inmate to proceed with his complaint that under prison policy he was not permitted to attend religious services for 30 days because he failed to attend a service that he had been authorized to attend.

In Fluker v. Davis, 2015 U.S. Dist. LEXIS 31140 (SD MS, March 13, 2015), a Mississippi federal magistrate judge dismissed a Muslim inmate's complaint that while in restrictive custody he could not attend Jumu'ah services outside of his unit.

In Williams v. Miller, 2015 U.S. Dist. LEXIS 31296 (WD OK, March 12, 2015), and Oklahoma federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 30419, Jan. 27, 2015) and dismissed a Muslim inmate's complaint that he lacked access to a Qur'an during Ramadan and that prison officials failed to remove from Ramadan participation inmates that failed to honor the Ramadan fast.

Recent Prisoner Free Exercise Cases

In Abernathy v. Strada, 2015 U.S. Dist. LEXIS 28041 (ED NY, March 6, 2015), a New York federal district court dismissed, primarily for failure to exhaust administrative remedies, a complaint by a former Native American inmate that he was refused a transfer to a correctional facility in which he could have access to a sweat lodge, tobacco for pipe ceremonies, musical instruments and religious literature.

In Rountree v. Clarke, 2015 U.S. Dist. LEXIS 28511 (WD VA, March 9, 2015), a Virginia federal district court dismissed an inmate's claim that religious books sent to her were improperly confiscated, but allowed her to move ahead with her claim for injunctive relief growing out of her complaint that she has been prohibited from standing on her prayer rug during count procedures as required by her Buddhist faith.

In Smith v. Cruzen, 2015 U.S. Dist. LEXIS 28604 (ND C, Feb. 24, 2015), a California federal district court permitted a Muslim inmate to proceed with his complaint that a correctional officer stopped Muslims from engaging in previously-approved group prayer.  A second pro se plaintiff who had filed jointly was dismissed without prejudice, allowing him if he wishes to file a separate action.

In Harris v. Gipson, 2015 U.S. Dist. LEXIS 28609 (ED CA, March 6, 2015), a California federal magistrate judge dismissed a Muslim inmate's complaint that the prison's Religious Meat Alternative Program offers halal meat for diner, but only a vegetarian diet for breakfast and lunch.

In Williams v. DeJesus, 2015 U.S. Dist. LEXIS 29164 (ED VA, March 9, 2015), a Virginia federal district court upheld a prison's decision to ban an inmate from possessing The Satanic Bible.

In Hailes v. Free, 2015 U.S. Dist. LEXIS 29409 (SD OH, March 10, 2015), an Ohio federal district court adopted a magistrate's recommendation (2014 U.S. Dist. LEXIS 76127, June 3, 2014) and dismissed a Seventh Day Adventist inmate's complaint that he was ordered to report for snow duty even though he had religious accommodation papers excusing him.  When he refused, he was placed in segregation.

In Hayles v. Taylor, 2015 U.S. Dist. LEXIS 29558 (MD GA, March 11, 2015) a Georgia federal magistrate judge dismissed without prejudice an inmate's conclusory allegation that while in disciplinary segregation he was denied access to religious services.

In Carmichael v. Aguilar, 2015 U.S. Dist. LEXIS 29990 (ED CA, March 11, 2015), a California federal magistrate judge dismissed a Muslim inmate's complaint over delays in implementing a prison halal diet.

Recent Prisoner Free Exercise Cases

In Spence v. Nelson, (5th Cir., March 5. 2015), the 5th Circuit affirmed the dismissal of a Shia Muslim inmate's complaint regarding an alleged unpublished prison mail room policy that prohibited inmates from receiving literature from Iran.  The court concluded that the named plaintiffs were not the policy makers responsible.

In Triplett v. LeBlanc, 2015 U.S. Dist. LEXIS 24468 (MD LA, March 2, 2015), a Louisiana federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 24663, Feb. 5, 2015) and dismissed an inmate's complaint that his free exercise and equal protection rights were infringed when he was reassigned and disciplined for not attending a scheduled church call-out for inmate ministers.

In Addis v. Arizona Department of Corrections, 2015 U.S. Dist. LEXIS 25519 (D AZ, March 2, 2015), an Arizona federal district court dismissed with leave to amend an inmate's complaint that trash, contraband or notes were sometimes placed in kosher meals.

In Hammer v. Keeling, 2015 U.S. Dist. LEXIS 25641 (ED VA, March 3, 2015), a Virginia federal district court dismissed an inmate's complaint over being temporarily removed from the Common Fare religious diet because he was found concealing a bell pepper in the front of his pants.

In Mitchell v. Cox, 2015 U.S. Dist. LEXIS 25871 (D NV, March 2, 2015), a Nevada federal district court permitted an inmate who identified as Jewish and Hebrew-Israelite to move ahead with complaints regarding kosher meals, denial of attendance at Sabbath services and restrictions on leaving his cell to observe Passover.

In Sutton v. VanLeeuwen, 2015 U.S. Dist. LEXIS 26367 (D CO, Feb. 25, 2015), a Colorado federal district court dismissed an inmate's complaint that his free exercise rights were infringed when he was forced to eat meat.

In Cullen v. Saddler, 2015 U.S. Dist. LEXIS 27459 (CD IL, March 6, 2015), an Illinois federal district court granted summary judgment to a pro se plaintiff who objected that while in prison he was required to participate in a religious 12-step program in order to be considered for additional good time credit. The court suggested that if further proceedings were necessary to decide whether plaintiff in fact suffered the $350 damages he claimed, that the parties should waive a jury trial.

In Adams v. Woodall, 2015 U.S. Dist. LEXIS 27719 (MD TN, March 4, 2015), a Tennessee federal magistrate judge recommended dismissing complaints of a Muslim inmate's complaints regarding denial of religious jewelry, denial of access to religious vendors and denial of a religious diet.

In Smith v. United States Congress, 2015 U.S. Dist. LEXIS 27818 (ED VA, March 6, 2015), a Virginia federal district court dismissed a complaint by a Nation of Islam inmate that Virginia state prison rules prevented him from purchasing CDs of sermons of Minister Farrakhan directly from The Final Call and barred Arabic language CDs.

In Lucas v. Director of Department of Corrections, 2015 U.S. Dist. LEXIS 27957 (ED CA, March 5, 2015), a California federal magistrate judge dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint that he has not received a religious diet.  The court held that an amended complaint filed after administrative remedies are exhausted cannot cure a prematurely filed original complaint.

Recent Prisoner Free Exercise Cases-- Installment #2 For The Week

In Jack-Bey v. Tribley, 2015 U.S. Dist. LEXIS 23161 (WD MI, Feb. 26, 2015), a Michigan federal district court refused to dismiss a claim by an inmate who was a member of the Moorish Science Temple of America that the 1st Amendment protects his right to study religious materials in the prison library.

In Allen v. Virga, 2015 U.S. Dist. LEXIS 23585 (ED CA, Feb. 25, 2015), a California federal magistrate judge recommended that an inmate who is a follower of Yahweh (HOYY) be permitted to move ahead with his complaint that he was denied a kosher diet.

In Hoye v. Clarke, 2015 U.S. Dist. LEXIS 23775 (WD VA, Feb. 27, 2015) a Virginia federal magistrate judge recommended dismissing claims of an inmate described as a "practicing Traditional and Messianic Jew" who objected to policies that precluded those on the Common Fare meal plan for religious diets from getting extra food on special meal days, and objected to the lack of a Common Fare diabetic option.  Plaintiff claimed these policies violated the free exercise, due process and equal protection clauses.

In Grayson v. Goetting, 2015 U.S. Dist. LEXIS 23984 (SD IL, Feb. 27, 2015), an Illinois federal district court allowed an African Hebrew-Israelite inmate to proceed with his free exercise, RLUIPA and equal protection challenges to the requirement that he remove his dreadlocks (which requires cutting his hair) to periodically have his identification photo taken.

In Miles v. Guice, 2015 U.S. Dist. LEXIS 24014 (ED NC, Feb. 26, 2015), a North Carolina federal district court refused to dismiss a challenge by an inmate to prison officials' refusal to recognize Nations of Gods and Earths as a religion and their classification of it as a security threat group. The court allowed plaintiff to move ahead with his claim that restrictions on his ability to practice various aspects of NGE violates his free exercise, RLUIPA and 8th Amendment rights.

In Adams v. Woodall, 2015 U.S. Dist. LEXIS 24046 (MD TN, Feb. 26, 2015), a Tennessee federal magistrate judge recommended denial of a preliminary injunction in a suit by a Muslim inmate who sought to order religious items and Halal meals from an outside vendor other than the prison's approved vendor.

In Brown v. Adams, 2015 U.S. Dist. LEXIS 24170 (ED WA, Feb. 27, 2015), a Washington federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 24169, Feb. 3, 2015) and dismissed a complaint by an Orthodox Jewish inmate that he was not allowed to have his religious texts while he was housed in a 4-man cell. He subsequently received his texts and the policy was revised.

In Douglas v. Clarke, 2015 U.S. Dist. LEXIS 24184 (ED VA, Feb. 27, 2015), a Virginia federal district court dismissed an inmate's complaint that he is not allowed to possess prayer oil while in segregation.

In Oliver v. Harrison, 2015 U.S. Dist. LEXIS 24317 (ED NC, Feb. 26, 2015), a North Carolina federal district court dismissed complaints by an inmate who had most recently described himself as of the Orthodox Jewish faith that before he was transferred to a different facility he did not receive a kosher diet.

Recent Prisoner Free Exercise Cases

In Pfeil v. Lampert, (10th Cir., Feb. 20, 2015), the 10th Circuit upheld dismissal of an inmate's complaint that on one occasion a volunteer Catholic minister was not allowed to enter to provide services, and that a prison policy banning hardbound books led to confiscation of his religious books which he could not afford to replace or get with the large type font he needs in softbound form.

In Blair v. California Department of Corrections and Rehabilitation, 2015 U.S. Dist. LEXIS 20751 (ED CA, Feb. 20, 2015), a California federal magistrate judge dismissed (with leave to amend) a Jewish inmate's claim that his temporary placement with a Muslim cellmate violated his free exercise and RLUIPA rights.

In Harris v. Arpaio, 2015 U.S. Dist. LEXIS 21802 (D AZ, Feb. 23, 2015), an Arizona federal district court dismissed an inmate's complaint that his Bible was confiscated and not replaced and that his request for baptismal services, marriage services and weekly religious services was refused.

In Pevia v. Shearin, 2015 U.S. Dist. LEXIS 21805 (D MD, Feb. 24, 2015), a Maryland federal district court refused to dismiss a complaint by an inmate that Native American religious services were not regularly scheduled and that he was not permitted to participate or have the services broadcast to him when they did take place.

In Johnson v. Pritchard, 2015 U.S. Dist. LEXIS 22921 (MD TN, Feb. 24, 2015), a Tennessee federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 21879, Jan 29, 2015) and allowed plaintiff to proceed with his claims for equitable relief to end a prison policy that precludes indigent inmates from attending Muslim religious feasts when they cannot pay the cost from their personal inmate trust fund accounts.

In Shabazz v. Johnson, 2015 U.S. Dist. LEXIS 21995 (ED VA, Feb. 24, 2015), a Virginia federal district court ordered further briefing on a claim by a Nation of Islam inmate that he has not received a diet consistent with his religious beliefs, but dismissed his complaints of insufficient NOI religious services, not being able to wear bow ties to religious services and being unable to watch Farrakhan sermons on cable television.

In Hodges v. Brown, 2015 U.S. Dist. LEXIS 22199 (ED NC, Feb. 20, 2015), a North Carolina federal district court dismissed a complaint by an Orthodox Messianic Jewish inmate regarding the kosher diet policy and practices, but permitted him to move ahead with his complaint regarding outside volunteer requirement for leading congregate worship services.

In Rossi v. Fishcer, 2015 U.S. Dist. LEXIS 22348 (SD NY, Feb. 24, 2015), a New York federal district court permitted a Nyahbinghi Rastafarian inmate to proceed with claims regarding recognition of four holy days, scheduling services on the correct day and wearing of a turban.  It dismissed claims regarding family events, holy day menus, spiritual advisers, fundraising proceeds, and reporting of plaintiff's marijuana use.

In Sims v. Wegman, 2015 U.S. Dist. LEXIS 22765 (ED CA, Feb. 24, 2015), a California federal magistrate judge dismissed, with leave to amend, a Nation of Islam inmate's complaint that he was denied kosher meals.

In Baumgarten v. Howard County Department of Corrections, 2015 U.S. Dist. LEXIS 23112  (D MD, Feb. 25, 2015), a Maryland federal district court dismissed a Jewish inmate's claim that while he was at a detention center his kosher meal requests were inadequately accommodated.

Recent Prisoner Free Exercise Cases

In Bausman v. California Department of Corrections and Rehabilitation, 2015 U.S. Dist. LEXIS 20213 (ED CA, Feb. 18, 2015), a California federal magistrate judge allowed a Native American inmate to move ahead with his complaint under RLUIPA that a change in regulations prohibiting possession of certain religious artifacts integral to participation in daily Native American cultural, traditional, ceremonial, and spiritual life substantially burdened his religious exercise.

In Blair v. CDCR, 2015 U.S. Dist. LEXIS 20751 (ED CA, Feb. 20, 2015), a California federal magistrate judge dismissed a complaint of a Jewish inmate that his temporary placement with a cellmate who was Muslim violated his free exercise and RLUIPA rights.

Recent Prisoner Free Exercise Cases

In Banks v. Secretary Pennsylvania Department of Corrections, (3d Cir., Feb. 9, 2015), the 3rd Circuit affirmed the dismissal of a Muslim inmate's challenge to prison policies on participation in feasts of Eid al-Fitr and Eid al-Adha, and to the use of prayer oils during religious services.

In Harris v. Pimentel, 2015 U.S. Dist. LEXIS 15338 (ED CA, Feb. 9, 2015), a California federal magistrate judge recommended refusing to strike an inmate's complaint that his cell was searched and his Qur'an kicked under the bed, defiled with a boot mark.

In Richardson v. Cheshire County, 2015 U.S. Dist. LEXIS 15903 (D NH, Feb. 6, 2015), a New Hampshire federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 15902, Jan. 14, 2015) and dismissed a Muslim inmate's complaint regarding the meals he received during Ramadan.

In Abdulkarim v. Metropolitan Sheriff Department, 2015 U.S. Dist. LEXIS 16609 (MD TN, Feb. 11, 2015), a Tennessee federal district court allowed an inmate to proceed with his claim that his jail will not provide religious services for Muslim inmates.

In Woodside-Fisher v. Pulley, 2015 U.S. Dist. LEXIS 17319 (WD CA, Feb. 12, 2015), a California federal district court, adopting a magistrate's recommendation, dismissed an inmate's complaint that his food was tampered with because it was a halal food tray, his non-halal tray was not replaced on 3 occasions, an officer made remarks about his religion, and on one occasion he did not have time for a shower because he was praying.

In Gamble v. Kenworthy, 2015 U.S. Dist. LEXIS 17587 (ED NC, Feb. 12, 2015), a North Carolina federal district court dismissed a Muslim inmate's complaint that control status inmates were not allowed to receive special food from outside the institution for Eid al Fitr.

In Scheeler v. Lehigh County Prison, 2015 U.S. Dist. LEXIS 17781 (ED PA, Feb. 12, 2015), a Pennsylvania federal district court dismissed for failure to exhaust administrative remedies and inmate's complaint that he was denied access to his Bible while in the Restricted Housing Unit for 9 days.

Recent Prisoner Free Exercise Cases

In Patterson v. Linderman, (9th Cir., Feb. 3, 2015), the 9th Circuit upheld an inmate's suspension from the kosher meal plan for sharing or trading of food with other inmates.

In Karsjens v. Jesson, 2015 U.S. Dist. LEXIS 11779 (D MN, Feb. 2, 2015), a Minnesota federal district court, in a suit challenging many aspects of the Minnesota Sexual Offender Program, permitted plaintiffs to move ahead with their claim that MSOP's policies and practices restrict when and where plaintiffs may worship and limit their ability to practice their sincerely held religious beliefs.

In Stemple v. Shearin, 2015 U.S. Dist. LEXIS 12253 (D MD, Feb. 2, 2015), a Maryland federal district court dismissed a Wiccan inmate's complaints regarding the inadequacy of the previous location of Wiccan services and his 6-month suspension from congregate worship opportunities for rule violations.

In Woodstock v. Shaffer, 2015 U.S. Dist. LEXIS 13158 (D CO, Feb. 4, 2015), a Colorado federal magistrate judge ordered plaintiff, a Messianic Jewish inmate, to file an amended complaint setting out the personal involvement of each defendant in the alleged failure to provide a kosher diet

In Trice v. Shearin, 2015 U.S. Dist. LEXIS 13653 (D MD, Feb. 4, 2015), a Maryland federal district court permitted a Native American inmate to move ahead with his complaint that he was not permitted to attend congregate services and that Cherokee Native American religious services were not permitted in an outside grassy area as religiously required.

In Jackson v. Crawford, 2015 U.S. Dist. LEXIS 14222 (WD NO, Feb. 6, 2015), a Missouri federal district court permitted an inmate to proceed with his complaint that his religious exercise was substantially burdened by the inability to list atheism as his religion.

Recent Prisoner Free Exercise Cases

In Brooks v. Roy, (8th Cir., Jan. 27, 2015), the 8th Circuit upheld dismissal of an inmate's claims that a chemical-dependency program conflicted with his Native American religious faith. From the complaint, the court could not determine the nature of the prisoner's religious beliefs and thus prison officials were not put on notice of his claims.

In Robertson v. Call, 2015 Kan. App. Unpub. LEXIS 33 (KS App., Jan. 15, 2015), a Kansas state appellate court reversed a trial court's summary dismissal of a Messianic Jewish inmate's claim that allowing his meetings with his rabbi only to be by video link violates the free exercise and establishment clauses.

In Henderson v. Hernandez, 2015 U.S. Dist. LEXIS 8773 (ND CA, Jan. 23, 2015), a California federal district court allowed a Muslim inmate to move ahead with 1st Amendment and RLUIPA claims that he has been denied congregate prayer, appropriate Ramadan and festival meals, a qualified Muslim chaplain and resource group, and various religious items. The court dismissed his claim that Muslim inmates should be housed in the same building.

In Grisham v. Pritcher, 2015 U.S. Dist. LEXIS 9132 (MD TN, Jan. 27, 2015), a Tennessee federal district court permitted an inmate to move ahead with his complaint that authorities refused to provide a room for Hanafi Muslims to meet twice a week for study and prayer.

In Payne v. Gipson, 2015 U.S. Dist. LEXIS 9218 (ED CA, Jan.26, 2015), a California federal district court dismissed with leave to amend a Muslim inmate's claim for damages for denial of a Halal meal. Various other claims for equitable relief involving religious exercise concerns were dismissed as moot.

In Cejas v. Myers, 2015 U.S. Dist. LEXIS 9258 (ED CA, Jan. 27, 2015), a California federal magistrate judge recommended allowing an inmate to move ahead with his free exercise claim alleging that Buddhist inmates were denied unsupervised access to the chapel, while Jewish and Muslim inmates were allowed such access. UPDATE: The court adopted the magistrate's recommendations at 2015 U.S. Dist. LEXIS 46627 (April 9, 2015).

In Mohammed-Bey v. Pool, 2015 U.S. Dist. LEXIS 9348 (ND CA, Jan. 26, 2015), a California federal district court denied a preliminary injunction and TRO to an inmate seeking for religious reasons to change his ethnicity from "negro," or "black" to "Moorish-American."

In Brown v. City of New York, 2015 U.S. Dist. LEXIS 10469 (SD NY, Jan. 29, 2015), a New York federal district court dismissed with leave to amend a Muslim inmate's complaint that he did not have access to an Imam.

In Dixie v. Virga, 2015 U.S. Dist. LEXIS 11429 (ED CA, Jan. 29, 2015), a California federal magistrate judge permitted a Muslim inmate to proceed with his complaint that Enhanced Outpatient Program prisoners were barred from attending Jumu'ah prayer sessions with General Population inmates. The court also ruled on a number of discovery requests.

Supreme Court Remands Native American Prisoner Free Exercise Case

In the wake of its decision on allowing prisoners to wear beards for religious reasons, the U.S. Supreme Court today sent a prisoner religious free exercise case back to the 11th Circuit for reconsideration.  In Knight v. Thompson, (Docket No. 13-955, vac. and remanded 1/26/2015) (Order List) the Court held:

The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Holt v. Hobbs, 574 U. S. ___ (2015).

In the case the 11th Circuit rejected several Native American inmates' RLUIPA challenges to Alabama prison system grooming rules that prohibit them from wearing long hair as required by their religion. (See prior posting.)

Recent Prisoner Free Exercise Cases

In Davila v. Marshall, 2015 U.S. Dist. LEXIS 6167 (SD GA, Jan. 20, 2014), a Georgia federal magistrate judge dismissed on mootness and qualified immunity grounds an inmate's complaint that he was denied a Santeria bead necklace and his bible.

In Greybuffalo v. Wall, 2015 U.S. Dist. LEXIS 6566 (WD WI, Jan. 21, 2015), a Wisconsin federal district court dismissed, with leave to amend, an inmate's complaint that prison authorities refused to recognize the Native American Church as an umbrella religious group.

In Sims v. Biter, 2015 U.S. Dist. LEXIS 6779 (ED CA, Jan. 21, 2015), a California federal magistrate judge dismissed on qualified immunity grounds a warden's denial of a legal religious name change to an inmate where the change could interfere with sex offender registration requirements.

In Planker v. Christie, 2015 U.S. Dist. LEXIS 6804 (D NJ, Jan. 20, 2014), a New Jersey federal district court dismissed without prejudice an "Organic Odian" inmate's complaints about scheduling and access to religious services and ritual items, about a required TB test, and about racist and pro-Islamic comments made to him.

In Furnace v. Gipson, 2015 U.S. Dist. LEXIS 6879 (ED CA, Jan. 20, 2015), a California federal magistrate judge dismissed with leave to amend claims by an inmate that authorities restricted his ability to practice Shetaut Neter in the prison's Special Housing Unit by preventing a name change and ordering of spiritual items, and by denying communal worship, observance of Neterian holidays and access to a Neterian chaplain.

In Gee v. Sabol, 2015 U.S. Dist. LEXIS 6891 (MD PA, Jan. 21, 2015), a Pennsylvania federal district court denied a temporary restraining order to an inmate who was refused kosher meals because. while claiming he is Jewish, at other times had stated that he was Muslim or had no faith.

In Dennison v. Ryan, 2015 U.S. Dist. LEXIS 7334 (D AZ, Jan. 16, 2015), an Arizona federal magistrate judge passed on a number of discovery requests by an inmate suing to obtain a diet consistent with his Seventh Day Adventist faith.

In Muhammad v. Mathena, 2015 U.S. Dist. LEXIS 7330 (WD VA, Jan. 22, 2015), a Virginia federal district court held that the prison's Common Fare diet substantially accommodates the religious dietary needs a Nation of Islam inmate.

In Thompson v. Boldt, 2015 U.S. Dist. LEXIS 7349 (CD CA, Jan. 21, 2015), on remand from the 9th Circuit, a California federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 180795, Aug. 22, 2014) and dismissed a complaint by a pre-trial detainee who had become and adherent of Assemblies of Yahweh that he was denied a religious diet, access to a religious leader, service and other religious items, as well as the ability to observe holy days and feasts.

In Hammond v. Department of Corrections, 2015 Mich. App. LEXIS 105 (MI App., Jan, 22, 2015), a Michigan state appellate court dismissed for failure to exhaust administrative remedies an inmate's objections to a policy change that called for prisoners seeking a kosher diet to receive vegan meals.

Some Thoughts On Today's Supreme Court Decision In Holt v. Hobbs

Today's Supreme Court decision in Holt v. Hobbs (see prior posting) is likely to lead to a dramatic increase in resources that federal district courts must devote to the dozens-- if not hundreds-- of prisoner RLUIPA cases that are filed each year.  Federal courts, under 28 USC Sec. 1915A, are required to conduct an early preliminary screening of prisoner lawsuits in order to dismiss those that have no chance of success.  It has been common for district courts to dismiss cases at this preliminary stage on the ground that the inmate has failed to show a "substantial burden" on his or her religious exercise.  Often courts have reached that conclusion on the basis that, while an inmate was denied the ability to carry out some particular religious ritual or requirement, the inmate had a number of other ways to practice his or her faith.  Today the Supreme Court rejected that approach, saying:

[T]he District Court erred by concluding that the grooming policy did not substantially burden petitioner’s religious exercise because “he had been provided a prayer rug and a list of distributors of Islamic material, he was allowed to correspond with a religious advisor, and was allowed to maintain the required diet and observe religious holidays.”... In taking this approach, the District Court improperly imported a strand of reasoning from cases involving prisoners’ First Amendment rights. See, e.g., O’Lone v. Estate of Shabazz, 482 U. S. 342, 351–352 (1987); see also Turner v. Safley, 482 U. S. 78, 90 (1987). Under those cases, the availability of alternative means of practicing religion is a relevant consideration, but RLUIPA provides greater protection. RLUIPA’s “substantial burden” inquiry asks whether the government has substantially burdened religious exercise (here, the growing of a 1⁄2-inch beard), not whether the RLUIPA claimant is able to engage in other forms of religious exercise.

So courts will now need to concentrate on the "compelling interest" and "least restrictive means" prongs of RLUIPA in initial screening of complaints.  More cases are likely to survive initial screening when those elements are the focus.  In prison contexts, generally one of two sorts of compelling interests are asserted-- (1) prison security or (2) budgetary concerns in accommodating prisoner religious practices.  In Holt, security and safety were asserted, and the Court conceded that those are compelling interests. However it suggested that budgetary concerns (such as those asserted when inmates seek religious diets) pose a more difficult question, saying:

Congress stated that RLUIPA “may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise.” §2000cc–3(c). See Hobby Lobby.... 

When it comes to evaluating whether the government has shown that its restriction on religious exercise is the least restrictive means of furthering a compelling governmental interest, the Court emphasized that the inquiry must be narrowly focused:

The Department argues that its grooming policy represents the least restrictive means of furthering a “‘broadly formulated interes[t],’” ... namely, the Department’s compelling interest in prison safety and security. But RLUIPA, like RFRA, contemplates a “‘more focused’” inquiry and “‘requires the Government to demonstrate that the compelling interest test is satisfied through application of the challenged law “to the person”––the particular claimant whose sincere exercise of religion is being substantially burdened.’”... RLUIPA requires us to “‘scrutiniz[e] the asserted harm of granting specific exemptions to particular religious claimants’” and “to look to the marginal interest in enforcing” the challenged government action in that particular context....

How far must this individualization go?  Must authorities consider how likely it is that the particular claimant will create a security risk?  Should the evaluation of alternatives depend, for example, on whether the particular inmate seeking to grow a beard has a history of attempting to smuggle contraband? The more individualized the determination must be, the fewer cases that will be able to be disposed of at the preliminary screening stage.

Finally one additional portion of the Court's opinion adds complexity to the question of when a religious exemption from a prison rule must be granted. The Court said:

[T]he District Court went astray when it relied on petitioner’s testimony that not all Muslims believe that men must grow beards. Petitioner’s belief is by no means idiosyncratic....  But even if it were, the protection of RLUIPA, no less than the guarantee of the Free Exercise Clause, is “not limited to beliefs which are shared by all of the members of a religious sect.”

Those who follow Religion Clause's weekly summary of prisoner free exercise cases know that inmates professing a wide variety of religious beliefs seek religious accommodations relating to grooming, clothing, possession of religious items, worship space, congregate religious services, religious dietary restrictions, and more.  The Supreme Court has now reaffirmed the conclusion of most courts that an inmate may invoke RLUIPA to require accommodation of a totally idiosyncratic belief-- so long as it is sincerely held. Religious visions shared by no one else apparently still qualify.

Recent Prisoner Free Exercise Cases

In Jones v. Foster, 2015 U.S. Dist. LEXIS 3289 (D NV, Jan. 12, 2015), a Nevada federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 180081, Dec. 23, 2014) and denied a preliminary injunction to a Muslim inmate who complained that he was receiving the Common Fare Meal instead of a separate halal or kosher diet.

In Thierry v. Maricopa County Sheriff's Office, 2015 U.S. Dist. LEXIS 3726 (D AZ, Jan. 13, 2015), an Arizona federal district court dismissed with leave to amend a complaint by a Jehovah's Witness inmate seeking a New World Holy Scriptures Bible and complaining that there are no Jehovah's Witness bible studies or meetings, and that only six inmates per pod are permitted to attend church.

In Williams v. Cox, 2015 U.S. Dist. LEXIS 4621 (SD GA, Jan. 13, 2015), a Georgia federal magistrate judge allowed an inmate to move ahead with his claim that he was denied a requested work proscription in observance of the Feast of Shavout.

Recent Prisoner Free Exercise Cases

In Davila v. Gladden, (11th Cir., Jan. 9, 2015), the 11th Circuit Court of Appeals in a 31-page opinion reversed a district court's dismissal of a claim for injunctive relief under RFRA by a federal prisoner who is a Santeria priest.  He was not allowed to have his goddaughter bring him his set of personal Santeria beads and Cowrie shells. The court said that "the prison has offered no evidence to justify its cost and safety concerns."  The Court however affirmed the dismissal of plaintiff's 1st Amendment claims and his damage claims under RFRA.

In  Mobley v. Coleman, 2015 Pa. Commw. Unpub. LEXIS 15 (PA Commnwlth. Ct., Jan. 6, 2015), a Pennsylvania trial court rejected an inmate's claim that the Establishment Clause and Equal Protection Clause were violated when a prison provided Sunni Muslim congregational services while not providing similar Nation of Islam services.

In Williams v. Nish, 2015 U.S. Dist. LEXIS 1159 (MD PA, Jan. 7, 2015), a Pennsylvania federal district court dismissed complaints by a Native American inmate that he and others were forced to conduct prayer and smudging ceremonies outdoors in cold or adverse weather and that Three Sisters seeds used as ceremonial relics were destroyed and not replaced.

In Shaw v. Georgia, 2015 U.S. Dist. LEXIS 1484 (SD GA, Jan. 7, 2014), a Georgia federal magistrate judge permitted an inmate to proceed with his 1st and 8th Amendment claims based on his complaint that he has suffered serious health problems from the denial of a nutritionally adequate diet that complies with his religious beliefs.

In Mutawakkil v. Hamblin, 2015 Wisc. App. LEXIS 6 (WI App., Jan. 8, 2015), a Wisconsin state appeals court affirmed the dismissal of an inmate's complaint that he was only allowed to use his spiritual name along with the name on his judgment of conviction, while those who had their name changed legally could used their new name alone on correspondence and for various other purposes.

In Hassan v. Whart, 2015 U.S. Dist. LEXIS 2602 (ED VA, Jan. 9, 2015), a Virginia federal district court dismissed a suit by a former jail inmate who sued for $1 million in damages and injunctive relief because during his 5 weeks in jail he was not able to attend congregate Friday Jumu'ah services.

In Bear v. Dietsch, 2015 U.S. Dist. LEXIS 2763 (ND IA, Jan. 9, 2014), an Iowa federal district court dismissed for failure to exhaust administrative remedies inmates' complaint that while in the Transition Incentive Program they were not permitted to attend community religious services.

Recent Prisoner Free Exercise Cases

In Shehee v. Anlin, 2014 U.S. Dist. LEXIS 177898 (ED CA, Dec. 25, 2014), a California federal magistrate judge dismissed with leave to amend a civil detainee's complaint regarding problems in connection with a requested religious diet.

In Flippin v. Vaughn, 2014 U.S. Dist. LEXIS 178053 (WD KY, Dec. 30, 2014), a Kentucky federal district court permitted a pre-trial detainee to move ahead with his complaint that he was denied the right to attend church after he was placed in administrative segregation due to overcrowding.

In Curry v. Bradt, 2014 U.S. Dist. LEXIS 176210 (WD NY, Dec. 19, 2914), a New York federal district court accepted a magistrate's recommendation (2014 U.S. Dist. LEXIS 178826, Dec. 2, 2014), and denied a TRO and preliminary injunction to a Muslim inmate who complained that only one of the two meals furnished to inmates on a Ramadan diet was a hot meal.

Recent Prisoner Free Exercise Cases

In McElroy v. Mathena, 2014 U.S. Dist. LEXIS 175956 (WD VA, Dec. 22, 2014), a Virginia federal district court dismissed for failure to exhaust administrative remedies a Muslim inmate's complaint regarding his removal from the Ramadan fast list.

In Webb v. Californa Department of Corrections, 2014 U.S. Dist. LEXIS 177044 (ED CA, Dec. 22, 2014), a California federal magistrate judge dismissed with leave to amend an inmate's complaint regarding lack of funds, denial of religious items, chapel time and outdoor worship space for the Asatru/Odinic religion.

Recent Prisoner Free Exercise Cases

In Wakefield v. Indermill, (9th Cir, Dec. 18, 2014), the 9th Circuit affirmed dismissal of an inmate's complaint that he was denied weekly communion and foot washing services in the security housing unit.

In Presley v. Scott, 2014 U.S. Dist. LEXIS 172742 (ND AL, Dec. 15, 2014), an Alabama federal district court, while dismissing a number of plaintiff's claims, allowed an inmate to proceed against certain of the defendants for seizing and destroying his medicine bag and other religious items.

In Johnson v. Lewis, 2014 U.S. Dist. LEXIS 173411 (WD NC, Dec. 16, 2014), a North Carolina federal district court held that a Hebrew Israelite inmate seeking a kosher diet can move ahead with claims for injunctive relief against defendants in their official capacities, but dismissed damage and individual capacity claims.

In Surles v. Cater, 2014 U.S. Dist. LEXIS 174236 (SD GA, Dec. 17, 2014), a Georgia federal district court accepted a magistrate's recommendation and dismissed an inmate's claim that his free exercise and equal protection rights were infringed when on one occasion he was denied a pre-Ramadan meal.

In Ben-Levi v. Brown, 2014 U.S. Dist. LEXIS 175040 (ED NC, Dec. 18, 2014), a North Carolina federal district court upheld enforcement of a prison's rule that Jewish Bible study with fewer than ten participants must be led by a rabbi.

In Smith v. Perlman, 2014 U.S. Dist. LEXIS 175341 (ND NY, Dec. 18, 2014), a New York federal district court dismissed an inmate' complaint that the number of Islamic holy days designated as family events was reduced from 2 to 1; he was denied attendance at congregate religious services while in keeplock; and that his request to incorporate halal meats into his therapeutic diet was refused.

In Pickering v. California Department of Corrections, 2014 U.S. Dist. LEXIS 175656 (ED CA, Dec. 18, 2014), a California federal magistrate judge dismissed, with leave to amend, an inmate's complaint that authorities have hindered his practice of his Asatru/Odinic faith in numerous ways including denial of chapel times on a few occasions, denial of outdoor worship space and of various items needed for worship.

A suit was filed this week in an Ohio federal district court on behalf of a Muslim woman who alleges that, over her objections, she was forced to attend Christian prayer services while serving a 60-day sentence in the Cuyahoga County (OH) jail. Cleveland.com reports on the lawsuit. (Full text of complaint in Majeed v. Cuyahoga County, (ND OH, filed 12/18/2014)). [Thanks to Matthew Besser for the lead.]

Recent Prisoner Free Exercise Cases

In Chavis v. United States, (3d Cir., Dec. 12, 2014), the 3rd Circuit affirmed the dismissal of an inmate's claim that a correctional officer's pat down search of his genital area violated his free exercise rights because his religion prohibits homosexual activity.

In Goninan v. Holmes, 2014 U.S. Dist. LEXIS 169213 (D OR, Dec. 4, 2014), an Oregon federal magistrate judge dismissed an inmate's challenge to the prison system's ban on the Satanic Bible and certain other Satanic publications.

In Powers v. Clarke, 2014 U.S. Dist. LEXIS 170322 (ED VA, Dec. 8, 2014), a Virginia federal district court dismissed an inmate complaint that the prison system classified the Nation of Gods and Earths as a gang rather than a spiritual organization.

In Hamilton v. Carr, 2014 Cal. App. Unpub. LEXIS 8811 (CA App., Dec. 11, 2014), a California appeals court affirmed the dismissal of an inmate's claim that a correctional officer violated California's Bane Act when he pulled plaintiff's kufi cap off his head and yelled "get out of here."

Recent Prisoner Free Exercise Cases

In Mitchell v. Fox, (9th Cir., Dec. 5, 2014), the 9th Circuit affirmed the dismissal of an inmate's complaint that prison officials destroyed and confiscated his religious property. Plaintiff had not shown that this constituted a substantial burden on his practice of religion.

In Mehmood v. United States Marshals Service, 2014 U.S. Dist. LEXIS 166386 (ED CA, Dec. 1, 2014), a California federal magistrate judge permitted a Muslim federal pre-trail detainee housed in a county jail to proceed with claims under the Free Exercise and Establishment clauses objecting to the diet furnished to him in response to his request for halal food, and denial of various religious items and of the ability to leave his cell 5 times a day to pray. His equal protection and RLUIPA claims were dismissed with leave to amend.

In Evans v. Godinez, (IL App., Dec. 1, 2014), an Illinois appellate court affirmed the trial court's dismissal of a complaint by a Nation of Islam inmate seeking space and time for weekly inmate-led NOI study groups and prayer sessions.

In Brame v. Hodge, 2014 U.S. Dist. LEXIS 166586 (SD IL, Dec. 2, 2014), an Illinois federal district court denied a preliminary injunction to a Hebrew Israelite inmate who claims he suffered retaliation because of a lawsuit he filed complaining that he was denied a kosher diet, attendance at Jewish services, and participation in Jewish holidays.

In Reiske v. Bruno, 2014 U.S. Dist. LEXIS 167443 (D CT, Dec. 3, 2014), a Connecticut federal district court dismissed a Wiccan inmate's complaint that he was not permitted to purchase various religious items, including religious oils and a pendant cord.

In Ajala v. West, 2014 U.S. Dist. LEXIS 168602 (WD WI, Dec. 5, 2014), a Wisconsin federal district court vacated its earlier order and allowed a Muslim inmate to proceed with his complaint that he was denied Ramadan meal accommodations, but affirmed the earlier dismissal of his complaint regarding his Eid-al-Fitr meal.

Recent Prisoner Free Exercise Cases

In Ajala v. West, 2014 U.S. Dist. LEXIS 163003 (WD WI, Nov. 19,2014), a Wisconsin federal district court dismissed a Muslim inmate's complaint that he was denied a halal diet and that officials refused to serve him the prepackaged meals that Jewish prisoners receiving kosher meals received.

In Dockery v. Wetzel, 2014 U.S. Dist. LEXIS 163403 (MD PA, Nov. 21, 2014), a Pennsylvania federal district court dismissed a Muslim inmate's complaint that his request for a halal diet with meat was refused; that he was not permitted to leave his unit (one for inmates with serious mental health and disciplinary problems) to attend Jumu'ah services with the general population; and he was not permitted to view religious services on closed circuit TV.

In Graddy v. Ding, 2014 U.S. Dist. LEXIS 163489 (ED CA, Nov, 20, 2014), a California federal magistrate judge dismissed with leave to amend a Muslim inmate's complaint that he was not allowed to participate in Ramadan activities while on "C Status" because of his misbehavior.

In Nji v. Heath, 2014 U.S. Dist. LEXIS 163060 (SD NY, Nov. 10, 2014), a New York federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that as a keeplock inmate he was not allowed to attend Christmas religious services.

In Houston v. Schriro, 2014 U.S. Dist. LEXIS 165409 (SD NY, Nov. 24, 2014), a New York federal district court allowed an inmate to proceed with his complaint that he was denied low-sodium halal meals.