Recent Prisoner Free Exercise Cases

In Merrick v. Inmate Legal Services, 2013 U.S. Dist. LEXIS 181120 (D AZ, Dec. 30, 2013), an Arizona federal district court dismissed an inmate's complaint that he was denied unmonitored and unrecorded clergy calls with a specific pastor he preferred.

In Morton v. Eastern Regional Jail, 2013 U.S. Dist. LEXIS 181186 (ND WV, Dec. 30, 2013), a West Virginia federal district court adopted in part a magistrate's recommendations (2013 U.S. Dist. LEXIS 181185, June 14, 2013) and dismissed a Muslim inmate's claims against the named defendants that the jail violated his rights by failing to provide Islamic worship services, religious study classes, prayer materials, or staff.

In Goodwin v. Palmer, 2013 U.S. Dist. LEXIS 181529 (N.D. Iowa Dec. 31, 2013), an Iowa federal district court permitted a civil detainee to proceed with his complaint that his free exercise rights are being infringed by denial of access to a minister unless he signs a DHS authorization form.

In Strong v. Livingston, 2013 U.S. Dist. LEXIS 181671 (SD TX, Dec. 31, 2013), and in Hickman-Bey v. Livingston, 2013 U.S. Dist. LEXIS 181682 (SD TX, Dec. 31, 2013), a Texas federal district court denied stays pending appeal of previous preliminary injunctions allowing plaintiff Muslim inmates to wear a one-quarter inch beards.

In Ali v. Wingert, 2014 U.S. Dist. LEXIS 204 (D CO, Jan. 2, 2014), a Colorado federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 182081, Nov. 19, 2013) and dismissed a Muslim inmate's complaint that he was required to use his commitment name along with his religious name on his mail.

Recent Prisoner Free Exercise Cases

In Jenkins v. Urbina, 2013 U.S. Dist. LEXIS 169072 (ED CA, Nov. 22, 2013), a California federal magistrate judge dismissed a claim by an inmate that his free exercise and RLUIPA rights were violated when a correctional officer took property that included Native American items such as beads, sewing needles, choker, and feathers, from plaintiff's cell.

In Strickland v. Texas Department of Criminal Justice, 2013 U.S. Dist. LEXIS 179687 (SD TX, Dec. 23, 2013), a Texas federal district court permitted a Muslim inmate to proceed with his claim for declaratory and injunctive relief against one defendant. Plaintiff complains that he has been denied halal meals or the kosher diet provided to Jewish inmates.

In Strong v. Livingston, 2013 U.S. Dist. LEXIS 179009 (SD TX, Dec. 20, 2013), a Texas federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 179856, Oct. 17, 2013) and granted a preliminary injunction to allow a Muslim inmate to wear a one-quarter inch beard.

In Williams v. Fluaitt, 2013 U.S. Dist. LEXIS 179999 (ED WA, Dec. 23, 2013), a Washington federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 180003, Nov. 4, 2013) and dismissed a Muslim inmate's complaint that his rights were violated when he was not given special Ramadan meals in 2011 because he failed to comply with the sign-up procedure to participate.

In Rupe v. Beard, 2013 U.S. Dist. LEXIS 180415 (ED CA, Dec. 23, 2013), a California federal district court dismissed a Druid inmate's complaints that prison authorities failed to provide facilities for Druid worship such as a sweathouse, fire pit and food for Druid feasts; did not allow Druids on space provided for Pagan worship and instead required Durids to worship in the general population yard, and did not provide Pagan chaplains.

Recent Prisoner Free Exercise Cases

In Moore v. Cruse, 2013 U.S. Dist. LEXIS 176071 (SD OH, Dec. 13, 2013), an Ohio federal magistrate judge recommended dismissal of an inmate's complaint that his free exercise rights were infringed when an officer insisted that in order to wear religious headgear ("koofi") in the gym he must provide the proper religious affiliation paperwork.

In Beiler v. Jay County Sheriff, 2013 U.S. Dist. LEXIS 176641 (ND IN, Dec. 17, 2013), an Indiana federal district court dismissed an inmate's complaint that the jail's policy that one-on-one clergy visits to be conducted via video monitor effectively denied him visits with his minister.

In Hall v. Sutton, 2013 U.S. Dist. LEXIS 176115 (SD IL, Dec. 16, 2013), and Illinois federal district court modified and adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 176858, Oct. 3, 2013) and dismissed a Muslim inmate's complaint that during Ramadan he was not given a bag meal to replace his missed lunch, and his complaint that in 2010 the Eid prayer service was held one day late.

In Gooden v. Muse, 2013 U.S. Dist. LEXIS 176994 (WD VA, Dec. 17, 2013), a Virginia federal district court dismissed a Muslim inmate's complaint claiming that an officer lied to him about whether bologna on his food tray contained pork.

In Simmons v. Adamy, 2013 U.S. Dist. LEXIS 176993 (WD NY, Dec. 17, 2013), a New York federal district court dismissed an inmate's complaint that many of his library call-out times were scheduled in conflict with Ramadan, weekly Quranic classes and weekly Jumu'ah services.

In Chambers v. Roberts, 2013 U.S. Dist. LEXIS 177261 (D KA, Dec. 18, 2013), a Kansas federal district court gave an inmate 30 days to cure the deficiencies in his complaint seeking access to a Sweat Lodge once a week instead of once a month and a personal Prayer Pipe with Sacred Tobacco daily instead of weekly. The court also denied class action status.

In Casey v. Pallito, 2013 U.S. Dist. LEXIS 177237 (D VT, Dec. 18, 2013), a Vermont federal district court adopted in part a magistrate's recommendation (2013 U.S. Dist. LEXIS 178152, July 25, 2013), and dismissed an inmate's complaint over separating him from another inmate to whom he was providing religious counseling.  The action was taken to protect the other inmate from sexual predation. The court however allowed plaintiff to move ahead with a challenge to his being removed from his law library job.

In Rogers v. Stanback, 2013 U.S. Dist. LEXIS 178412 (MD NC, Dec. 19, 2013), a North Carolina federal magistrate judge recommended denying a TRO and preliminary injunction sought to prevent prison authorities from confiscating from plaintiff's cell a photocopy of the Nation of Gods and Earth flag that plaintiff says he had in order to prove his legal claims.

In Depaola v. Virginia Department of Corrections, 2013 U.S. Dist. LEXIS 178837 (WD VA, Dec. 20, 2013), a Virginia federal district court dismissed a Nation of Islam inmate's claim that he was denied the Eid-ul-Adha feast on one occasion and was denied a Christmas feast meal. The court allowed plaintiff to proceed with his complaints regarding a TB screening injection that contains alcohol; the common fare diet that he claims does not satisfy his religious beliefs; and food allegedly served under unsanitary conditions.

In Hickman-Bey v. Livingston, 2013 U.S. Dist. LEXIS 179012 (SD TX, Dec. 20, 2013), a Texas federal district court granted a Muslim inmate preliminary injunction allowing him to grow a quarter-inch beard during the pendency of his lawsuit, and barring officials from harassing or retaliating against him.

European Human Rights Court Says Refusal of Vegetarian Diet To Buddhist Prisoner Violated His Religious Rights

In Vartic v. Romania, (ECHR, Dec.17, 2013),the European Court of Human Rights, in a Chamber judgment, held that a Buddhist prison inmate's rights of religion and conscience protected by Article 9 of the European Convention on Human Rights, were infringed when Romanian officials refused to provide him with a vegetarian diet:

...[D]espite the margin of appreciation left to the respondent State, the Court finds that the authorities failed to strike a fair balance between the interests of the prison authorities and those of the applicant, namely the right to manifest his religion through observance of the rules of the Buddhist religion.

The court awarded petitioner damages of 3200 Euros. Courthouse News Service reports on the decision.

Recent Prisoner Free Exercise Cases

In McBryde v. Thomas, 2013 U.S. Dist. LEXIS 169260 (D MT, Nov. 27, 2013), a Montana federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 169522, Nov. 7, 2013) and allowed an inmate to move ahead with his complaint that the Parole Board conditioned his parole on successful completion of a chemical dependency treatment program that required him to accept religious teachings.

In Kyles v. Kusey, 2013 U.S. Dist. LEXIS 147910 (ED MI, Oct. 15, 2013), a Michigan federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 173112, Sept. 5, 2013) and permitted a Muslim inmate to proceed with his complaint that his free exercise rights were violated when bag meals he was given during the Ramadan fast provided insufficient nutritional value.

In Morrow v. Kelley, 2013 U.S. Dist. LEXIS 173439 (ED AR, Dec. 11, 2013), and Arkansas adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 173437, Nov. 15, 2013) that an inmate be allowed to move ahead with his claim that correctional officers confiscated religious texts from his cell.

In McDaniels v. Elfo, 2013 U.S. Dist. LEXIS 174285 (WD WA,Dec. 12, 2013). a Washington federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 174301, Aug. 19, 2013) and allowed a Muslim inmate to proceed with his free exercise claims challenging the denial of Halal meat, the nutritional adequacy of the Ramadan diet and the denial of pain reliever during Ramadan. However the court dismissed complaints regarding failure to furnish an Arabic Qur'an, Ramadan meal times and dates, and a concluding feast.

In Janali v. Corrections Corporation of America. 2013 U.S. Dist. LEXIS 174825 (SD MS, Dec. 13, 2013), a Mississippi federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 174827, Oct. 30, 2013) and dismissed a Shiite Muslim inmate's complaint that there were not Jummah services for Shiite inmates separate from Sunnis. It also dismissed his complaint that he was removed from the kosher diet plan when he purchased clams, even though clams are permissible under Halal rules. He sought a Halal diet.

In Bramlett v. Isaacs, 2013 U.S. Dist. LEXIS 175213 (SD IL, Dec.12, 2013), an Illinois federal district court permitted plaintiff who is confined as a sexually dangerous person to proceed with his claim that his free exercise and RLUIPA rights were violated when the program administrator lowered his evaluation score because he refused for religious reasons to comply with the recommendation that he engage in masturbation to accomplish arousal control. He also claims retaliation because of the grievance he filed over this.

In Grayson v. Goetting, 2013 U.S. Dist. LEXIS 175242 (SD IL, Dec. 11, 2013), an Illinois federal district court permitted an African Hebrew-Israelite inmate to proceed with his claims that his free exercise and RLUIPA rights were violated when he was required to cut his dreadlocks. He was also permitted to proceed with a retaliation claim, but was denied an order for transfer to a different facility.

Court Orders Florida Prisons To Provide Kosher Diet Alternative

In an important prisoner free exercise decision last week, a federal district court granted a preliminary injunction ordering the Florida Department of Corrections to provide a kosher diet by July 1 to all prisoners with a sincere religious basis for keeping kosher.  The decision comes in what appears to be the first Justice Department suit directly against a state for violation of the prisoner provisions of the Religious Land Use and Institutionalized Persons Act. In United States v. Secretary, Florida Department of Corrections, (SD FL, Dec. 6, 2013), the court held that the United States was likely to prevail on the merits of its claim that Florida's religious diet policy violates RLUIPA.

The court held that Florida had not shown a compelling interest in a blanket denial of kosher food to prisoners-- in part because the state argued somewhat inconsistently that it was committed to providing kosher meals to all eligible inmates. The court also rejected Florida's argument that it had a compelling interest based on cost savings, saying:

While cost control may be a compelling interest in certain situations ... RLUIPA expressly contemplates that facilitating religious exercise "may require a government to incur expenses in its own operations.''.... The costs initially identifed by Defendants in this litigation are not of a compelling magnitude.... Even if participation were ... 1,000 prisoners per day - the cost would only be $2.12 million per year, or .001 of FDOC'S budget. No compelling interest is furthered by avoiding such a relatively minor expense....

The court additionally held invalid several provisions in a proposed religious diet program that the state had developed while the litigation was pending.  These include conditioning eligibility on clergy interpretations of religious doctrine or on prisoners' knowledge of religious law; summary suspension of prisoners from the program if they consume any item not listed as kosher; and removal from the program of prisoners who eat less than 90% of available meals, even if they consume only kosher food.  (See prior related posting.) [Thanks to Luke Goodrich for the lead.]

Recent Prisoner Free Exercise Cases

In Hilley v. Humes, 2013 U.S. Dist. LEXIS 169577 (SD GA, Dec. 2, 2013), a Georgia federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 169794, Aug. 20, 2013) and dismissed an inmate's complaint that Sunday morning Baptist church services were sometimes being cancelled or cut short.

In Chambers v. Harner, 2013 U.S. Dist. LEXIS 170591 (SD IL, Dec. 3, 2013), an Illinois federal district court permitted an African Hebrew Israelite inmate to proceed with his complaint that he was denied a kosher diet and religious reading materials, and that his dietary request was handled differently because of his race.

In Vega v. Rell, 2013 U.S. Dist. LEXIS 170835 (D CT, Dec. 4, 2013), a Connecticut federal district court held that defendants had qualified immunity on a Muslim inmate's complaint regarding administration of a program to purchase holiday food packages, but did not have immunity on complaints regarding identification of commissary items as Halal,"serving of non-Kosher, non-halal cheese on the common fare menu, and failure to clean rugs used for prayer.  The court also held that damages are not recoverable under RLUIPA.

In Nji v. Heath, 2013 U.S. Dist. LEXIS 171112 (SD NY, Dec. 2, 2013), a New York federal district court permitted an Episcopalian inmate to proceed against one of the defendants on his complaint that his request to be let out of keeplock to attend Christmas services was denied.

In Woods v. Adams, 2013 U.S. Dist. LEXIS 171178 (EDCA, Dec. 4, 2013), a California federal magistrate judge ordered plaintiff to file a new complaint clarifying his "mishmash"of claims. Among the claims were ones that his free exercise rights were infringed when he was denied a kosher meal and was prevented from wearing his kippah at all times.

In Jack-Bey v. Tribley, 2013 U.S. Dist. LEXIS 171315 (WD MI, Dec. 5, 2013), a Michigan federal district court permitted an inmate who was a member of the Moorish Science Temple of America to proceed with his free exercise complaint that he was barred from entering the prison law library with religious reading material.

In Hoeck v. Miklich, 2013 U.S. Dist. LEXIS 171648 (D CO, Dec. 5, 2013), a Colorado federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 171645, Nov. 7, 2013) and dismissed without prejudice complaints by an inmate who is a member of the Church of God that defendants deprived him of meals to observe holy days and feasts, a place for worship, the right to observe his Holy Sabbath without retaliation, and religious objects (including a Hymnal) needed to follow doctrines of "Biblical Christianity."

Recent Prisoner Free Exercise Cases

In Young v. Owens, 2013 U.S. Dist. LEXIS 165751 (SD GA, Nov. 20, 2013), a Georgia federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 166587, Sept. 3, 2013) and, while dismissing RLUIPA damage claims, allowed an inmate to proceed with the remainder of his complaint that his rights were violated by rule changes as to what sacred objects are permitted in a prison setting, a package program and restrictions on holiday observance and worship time.

In Darrough v. Allen, 2013 U.S. Dist. LEXIS 166741 (MD GA, Nov. 25, 2013), a Georgia federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 167166, Oct. 17, 2013) and dismissed an inmate's complaint that he was ordered to be shaved in violation of his religious beliefs.

In San Antonio v. Henry, 2013 U.S. Dist. LEXIS 167343 (ND FL, Nov. 25, 2013), a Florida federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 167347, Nov. 4, 2013), and held that a suit in which an inmate alleged he had been improperly removed from a faith-based dormitory and retaliated against for grieving the incident was properly removed from state to federal court, despite plaintiff's state law allegations.

In Petty v. Lagore, 2013 U.S. Dist. LEXIS 167864 (ED MO, Nov. 26, 2013), a Missouri federal district court dismissed an inmate's complaint that while in Administrative Segregation he could not attend his self-help recovery program and was not allowed to go to church or participate in outside religious activities.

In Vega v. Lantz, 2013 U.S. Dist. LEXIS 167797 (D CT, Nov. 26, 2013), a Connecticut federal magistrate judge in an opinion after a 3-day non-jury trial held that a Muslim inmate's free exercise and RLUIPA rights were not infringed by the cancellation of weekly Jumu'ah prayer when staff is unavailable, denying plaintiff's request to purchase prayer oils from an outside vendor and his request for elective circumcision surgery.

In McCray v. Passaic County Jail, 2013 U.S. Dist. LEXIS 168481 (D NJ, Nov. 25, 2013), a New Jersey federal district court dismissed, with leave to amend, a Muslim pre-trial detainee's complaint that his jail provided Muslim inmates a vegetarian diet, but would not provide them a diet with Halal/Kosher meat.

In Jenkins v. Urbina, 2013 U.S. Dist. LEXIS 169072 (ED CA, Nov. 25, 2013), a California federal magistrate judge dismissed a Native American inmate's complaint that his free exercise and RLUIPA rights were infringed when, being placed in administrative segregation for two days, a corrections officer took his property which included religious items such as beads, sewing needles, choker, and feathers. He did not receive back all the property taken.

Recent Prisoner Free Exercise Cases

In Ricks v. Albitre, 2013 U.S. Dist. LEXIS 163200 (ED CA, Nov. 13, 2013), a California federal magistrate judge permitted an inmate to move forward with his 1st Amendment and RLUIPA claims against various defendants for failure to provide Wiccan religious services.

In Durbin v. Cain, 2013 U.S. Dist. LEXIS 163245 (MD LA, Nov. 15, 2013), a Louisiana federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 163632, Oct. 24, 2013), and dismissed a Jewish inmate's complaint that he was not permitted to use the prison chapel for Friday evening services and instead was required to use space in the security office.

In McCray v. Holmes, 2013 U.S. Dist. LEXIS 163423 (D NJ, Nov. 15, 2013), a New Jersey federal district court permitted a Jewish inmate to move ahead with his free exercise complaint that he was not furnished kosher meals. However his equal protection claim was dismissed without prejudice.

In Gambino v. Payne, 2013 U.S. Dist. LEXIS 164396 (WD NY, Nov. 18, 2013), a New York federal district court allowed an inmate to proceed with two free exercise complaints-- refusal to allow inmates to cover portions of the shower door to block a correctional officer's view of their genitals, and a complaint that plaintiff's kosher meals were repeatedly mutilated, contaminated and tampered with.

In Delavergne v. Washington State Department of Corrections, 2013 U.S. Dist. LEXIS 164639 (WD WA, Nov.19, 2013), a Washington federal district court adopted a magistrate's recommendation (2013 U.S. Dist. LEXIS 164643, Sept. 11, 2013) and dismissed without prejudice an inmate's rather incoherent free exercise claim that his therapy uses past and future behavior as teaching tools which do not conform with his belief that Jesus' "blood cleansed" him of his past behavior.

In Adekoya v. Herron, 2013 U.S. Dist. LEXIS 164575 (WD NY, Nov. 19, 2013), a New York federal district court dismissed complaints by plaintiff, an African immigrant of the Spiritism faith, that in the facility in which he was formerly detained his quest for practicing his faith was ignored, his requests to attend services were canceled and his request for a prayer mat was denied.

In Warrior v. Gonzalez, 2013 U.S. Dist. LEXIS 165387 (ED CA, Nov. 19, 2013), a California federal district court permitted an inmate to move ahead with his free exercise, establishment clause, equal protection and 4th amendment challenges to the policy of strip searching Muslim inmates attending religious programming during Ramadan.

In Blakemore v. Godinez, 2013 U.S. Dist. LEXIS 165610 (SD IL, Nov. 20, 2013), an Illinois federal district court allowed a Rastafarian inmate to proceed with his claim for an injunction against enforcement of an Illinois Department of Corrections policy that prevents him from wearing his hair in dreadlocks.

In Hawes v. Breiner, 2013 U.S. Dist. LEXIS 163949 (ND CA, Nov. 14, 2013), a California federal district court rejected an inmate's claim that his rights under the free exercise and establishment clauses were violated by the involuntary administration to him of anti-psychotic drugs.

Court Will Approve Settlement In Class Action By Michigan Muslim Inmates

According to the Wall Street Journal, at a hearing yesterday a Michigan federal court judge indicated he would approve a proposed settlement (full text) in a long-running class-action lawsuit by Muslim prisoners.  Under the settlement in Dowdy-El v. Caruso, (ED MI), the state will provide Muslim inmates meals that comply with halal standards.  The settlement does not require the meals to include meat, and the state says it plans to furnish vegan meals to meet its obligations.  The settlement also provides a procedure for inmates who were disciplined because of conflicts between religious services and work, school or administrative detail assignments to have the record of disciplinary actions expunged.

Recent Prisoner Free Exercise Cases

In Smith v. Goord, (2d Cir., Nov. 15, 2013), the 2nd Circuit affirmed dismissal of a Muslim inmate's RLUIPA and equal protection challenges to the lack of Islamic services at a facility where he was held for approximately 4 weeks.

In Awe v. Virginia Department of Corrections, 2013 U.S. Dist. LEXIS 161227 (WD VA, Nov. 12, 2013), a Virginia federal district court dismissed an inmate's claim that the Virginia Department of Corrections Common Fare policy requiring inmates to sign an agreement to consent to possible suspension from the diet violates his free exercise and equal protection rights. Plaintiff was suspended for having a fried egg from the master menu in his pocket.

In Gooch v. Georgia Department of Corrections, 2013 U.S. Dist. LEXIS 160882 (MD GA, Nov. 12, 2013), a Georgia federal district court adopted in part a magistrate's recommendation (2013 U.S. Dist. LEXIS 161630, Sept. 18, 2013) and permitted an inmate to proceed against various defendants on his claim that they  failed to provide him with a specific diet required by his religion.

In Hall v. Bradshaw, 2013 U.S. Dist. LEXIS 162284 (WD NC, Nov. 14, 2013), a North Carolina federal district court dismissed an inmate's claim that his request for a Native American bible was denied.

Supreme Court In Unusual Move Gives Interim Relief On Grooming Rules To Muslim Prisoner

In an unusual order (full text) yesterday, the United States Supreme Court issued an injunction barring the Arkansas Department of Corrections from enforcing its grooming policy against Muslim inmate Gregory Holt "to the extent that it prohibits applicant from growing a one-half-inch beard in accordance with his religious beliefs."  The order entered in the case of Holt v. Hobbs, (Docket No. 13-6827) will terminate either when the Court denies Holt's petition for certiorari, or, if it grants the petition, when the Court enters its judgment. AP reports that Holt is serving a life sentence for domestic violence and burglary after he cut his girlfriend's throat and stabbed her. Holt, who also goes by his religious name of Abdul Maalik Muhammad, is appearing pro se.  He filed his handwritten application for an injunction while his cert. petition is pending with Justice Samuel Alito (who is assigned to receive such motions in 8th Circuit cases). Alito in turn referred the application to the entire court which issued yesterday's order. Here is the 8th Circuit's opinion upholding the prison system's grooming policy. [Thanks to How Appealing for the lead.]

Recent Prisoner Free Exercise Cases

In Whitaker v. Whitener, 2013 U.S. Dist. LEXIS 157692 (WD NC, Nov. 1, 2013), a North Carolina federal district court dismissed without prejudice a complaint by a Jewish prisoner that serving his kosher meals cold, or late, or delivering them along with non-kosher meals violates his free exercise rights.

In Barton v. Snaza, 2013 U.S. Dist. LEXIS 157934 (WD WA, Nov. 4,2013), a Washington federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 157937, Oct. 4, 2013) and dismissed without prejudice prior to service for failure to state a claim an inmate's complaint that  two of his personal Asatru/Odinist books were confiscated by an unidentified person, preventing him from performing a ceremonial rite in his cell for three different holidays.

In Arrendondo v. Brooks, 2013 U.S. Dist. LEXIS 158406 (D NV, Nov. 5, 2013), a Nevada federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 158403, Sept. 23, 2013) and dismissed an inmate's complaint that several of his religious books were confiscated as contraband because he did not have his name written in them.

In White v. Van Leer, 2013 U.S. Dist. LEXIS 159186 (ED CA, Nov. 5, 2013), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that he was denied kosher meals in place of the vegetarian substitute meals served at breakfast and lunch to those receiving Halal diets.

In Medina v. Snyder, 2013 U.S. Dist. LEXIS 159225 (ED CA, Nov 5, 2013), a California federal magistrate judge dismissed,with leave to amend, an inmate's complaint that he was denied a kosher meal on three separate occasions.

In George v. City of New York, 2013 U.S. Dist. LEXIS 159434 (SD NY, Nov. 6, 2013), a New York federal district court dismissed a Muslim inmate's claim that a strip search of him violated his free exercise rights. His request to be searched in private was refused.

In West v. Grams, 2013 U.S. Dist. LEXIS 160003 (WD WI, Nov. 8, 2013), a Wisconsin federal magistrate judge dismissed complaints by a Muslim inmate that Muslim prayer services were not permitted to be held when a volunteer leader from outside the prison was unavailable. The court also dismissed his claim that Ramadan meals were served as late as possible in retaliation for his arguing about the proper time to serve these meals.

In McKenzie v. Michigan Department of Corrections, 2013 U.S. Dist. LEXIS 159981 (WD MI, Nov. 8, 2013), a Michigan federal district court dismissed a suit brought by several Jewish prisoners complaining about a change in Department of Corrections policy that eliminated separate kosher meals and instead made vegan meals that meet kosher and halal standards available for religious diets.

In Arafat v. U.S. Department of Justice, 2013 U.S. Dist. LEXIS 160075 (D MN, Nov. 8, 2013), a Muslim inmate complained of a lack of a halal-certified diet at the county jail in which he was held while his federal criminal trial was under way.  A Minnesota federal district court dismissed most of his claims but allowed him to proceed with his claim for injunctive relief, subject to its being dismissed as moot as soon as his sentencing hearing was completed and he was transferred back to federal prison where a halal diet was available. UPDATE: The magistrate's recommendation in the case is at Wetsch v. U.S. Department of Justice, 2013 U.S. Dist. LEXIS 160407 (Aug.  22, 2013).