5th Circuit Upholds Direct Supervision Requirement For Muslim Inmate Worship Services

In Brown v. Scott, (5th Cir., July 5, 2019), the U.S. 5th Circuit Court of Appeals in a 2-1 decision (56 pages long) written by Judge Owen held that a 1977 consent decree allowing Muslim inmates to gather for worship without direct supervision should be vacated. While Muslim inmates had met with only indirect supervision from 1977 to 2012, that arrangement was terminated after a Jehovah's Witness inmate successfully sued arguing that the more favorable treatment of Muslim inmates violates the Establishment Clause. The termination of the special treatment for Muslim inmates, however, violated the earlier consent decree. This led prison officials to ask that the earlier decree be vacated under provisions of the Prison Litigation Reform Act that allow lifting of the injunction if it is no longer needed to correct an ongoing violation of rights.

Muslim inmates argued that requiring direct supervision of their services would impose a substantial burden in violation of the Religious Land Use and Institutionalized Persons Act. The majority held, however, that it is not prison authorities that have imposed a substantial burden, but instead it is caused by a lack of Muslim volunteers from outside who will supervise services. The majority also rejected Free Exercise and Establishment Clause arguments.

The district court had concluded that Texas prison regulations favor Catholic, Jewish, Native American and Protestant inmates over Muslim inmates.  Judge Owen concluded that this does not create an Establishment Clause violation because in the prison context the more lenient Turner v. Safley test should be applied to Establishment Clause claims.

Judge King joined all of Judge Owen's opinion except for the Establishment Clause section. She held there was an Establishment Clause violation, but that the 1977 consent decree should be vacated nevertheless because it is broader than necessary to remedy the violation.

Judge Dennis in a separate opinion dissented as to the RLUIPA issue, and would not have reached the Establishment Clause or Free Exercise claims

Arkansas Supreme Court OKs Limits On Leaders of Prison Religious Services

In Mutaqim v. Lay, (AR Sup. Ct., June 6, 2019), the Arkansas Supreme Court rejected challenges by a Nation of Islam inmate to two separate prison policies. The Court upheld the denial in 2013 to 2015 of several issues of the NOI publication The Final Call because they suggested that readers "rise up and strike out at their oppressors." These were censored to protect prison safety and security. The court also upheld a policy barring religious services from being led by inmates, and allowing them to be led by outsiders only if they are credentialed volunteers who are responsible for the orthodoxy of the religion or sect. NOI volunteers could not be found.  The Court said in part:

During the hearing, ADC’s chaplain testified that this policy is designed to protect prison security and order by preventing the dissemination of unorthodox or heretical views to the respective religion or sect, which could result in violence.  As indicated above, prison security is the most compelling government interest in the prison setting.

4th Circuit: Inmate Fails To Prove Causation In His RLUIPA And Free Exercise Claims

In Wright v. Lassiter, (4th Cir., April 17, 2019), the U.S. 4th Circuit Court of Appeals rejected a Rastafarian inmate's claims that his rights under RLUIPA and the 1st Amendment were infringed when prison officials rejected his request to celebrate four annual religious holidays through communal feasts and three others that do not include feasts. The court, holding that "plaintiff must show that the prison's policies imposed a substantial burden on his exercise of sincerely held religious beliefs," concluded that plaintiff failed to show the required causation:

...Wright’s causation problem stems from the fact that he has requested communal gatherings and feasts. There is no such thing as a community of one, and Wright agreed at oral argument that he was not seeking a feast for himself alone. He therefore had to show that, but for the policies that allegedly prohibit the requested holiday gatherings, other inmates would join in the gatherings.... There was no testimony showing that any other Rastafarian at Central Prison or any other North Carolina prison had joined in his requests to celebrate in the manner he requested or would attend his gatherings if they were held....

Recent Prisoner Free Exercise Cases

In Smith v. Drawbridge, (10th Cir., March 18, 2019), the 10th Circuit affirmed the dismissal of an Orthodox Jewish inmate's complaint that he received only a cold sack meal rather than a hot meal at the conclusion of the Fast of Tammuz.

In Newsome v. Fairley, 2019 U.S. Dist. LEXIS 39138 (SD MS, March 12, 2019), a Mississippi federal district court adopted in part a magistrate's recommendations (2019 U.S. Dist. LEXIS 40431, Jan. 28, 2019) and allowed an inmate who professed the Natsarim Faith to move ahead against two defendants on his complaint that he was denied a yeast free diet during Passover, and was denied immersion baptism and religious counseling.

In Wilson v. Virginia Department of Corrections, 2019 U.S. Dist. LEXIS 41528 (ED VA, March 13, 2019), a Virginia federal district court dismissed a hearing impaired inmate's contention that his religious exercise was substantially burdened when officials refused to permit him to purchase a larger TV set so he can view religious programming with large closed captioning. His equal protection claim was not dismissed.

In Howard v. Polley, 2019 U.S. Dist. LEXIS 41696 (D NV, March 13, 2019), a Nevada federal district court dismissed an inmate's complaint about different treatment of Muslim prisoners growing out of a shortage of imams to conduct Jumu'ah services in multiple housing modules.

In Arboleda v. O'Banion, 2019 U.S. Dist. LEXIS 41907 (ED CA, March 14, 2019), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that on one occasion he was denied access to a Jehovah's Witness religious service.

In Abreu v. Farley, 2019 U.S. Dist. LEXIS 42801 (WD NY, March 15, 2019), a New York federal district court dismissed the portion of an inmate's 531 paragraph complaint claiming that he is Jewish and is entitled to be served "Kosher loaves." The court concluded that plaintiff's beliefs were not sincerely held.

In Brandon v. Royce, 2019 U.S. Dist. LEXIS 42807 (SD NY, March 15, 2019), a New York federal district court rejected an inmate's claim that his free exercise rights were infringed when he did not receive a purportedly promised feed-in meal in exchange for his voluntarily not attending an oversubscribed Eid Celebration.

In Carawan v. Solomon, 2019 U.S. Dist. LEXIS 43609 (ED NC, March 18, 2019), a North Carolina federal district court allowed a Muslim inmate to move ahead with his complaint that his requests were denied for congregational prayer beyond just Friday Jumu'ah services. The court dismissed his complaint that the prison had no Zakat fund that would eliminate the administrative fee for him to done funds to charity.

Recent Prisoner Free Exercise Cases

In Schwartz v. Korn, 2019 U.S. Dist. LEXIS 38486 (ED TN, March 11, 2019), a Tennessee federal district court allowed an inmate to move ahead with his complaint that his food is not being prepared according to kosher requirements and he does not receive the same number of meals as other inmates.

In Khan v. Barela, 2019 U.S. Dist. LEXIS 38496 (D NM, March 11, 2019), a New Mexico federal district court dismissed a Muslim inmate's complaint that he was not provided  a clock, prayer schedule, or Muslim calendar, was deterred from participating in Ramadan and was not allowed to leave the pod on three occasions when Christian sermons were being delivered.

In Hardeman v. Trammell, 2019 U.S. Dist. LEXIS 39070 (ED OK, March 12, 2019), an Oklahoma federal district court dismissed an inmate's claim that limits on the amount of property that an inmate can possess led to confiscation of some of his religious books.

In Orum v. Michigan Department of Corrections, 2019 U.S. Dist. LEXIS 39278 (WD MI, March 12, 2019), a Michigan federal district court adopted in part a magistrate's recommendations (2018 U.S. Dist. LEXIS 222616, Dec. 11, 2018), and in a case in which a Jewish inmate complained that he was denied a religious diet and was retaliated against for filing a grievance about it, the court dismissed a number of plaintiff's claims but permitted him to move ahead with some of his RLUIPA and retaliation claims.

In Lombardo v. Freebern, 2019 U.S. Dist. LEXIS 39355 (SD NY, March 11, 2019), a New York federal district court dismissed a suit filed by a Jewish patient confined at a psychiatric facility. The suit claimed he was deprived of grape juice; denied access to his religious books and items; his conversation with Rabbi Schwab was interrupted; the menorah was broken; he was unable to attend the Passover Seder and the Eid ul-Fitr feast.

In Gates v. LeGrand, 2019 U.S. Dist. LEXIS 39766 (D NV, March 12, 2019), a Nevada federal district court accepted in part a magistrate's recommendation and allowed a Wiccan inmate to move ahead on his equal protection, but not his free exercise or due process, claim growing out of the denial of incense that he had been permitted to order.

Recent Prisoner Free Exercise Cases

In Janny v. Gamez, 2019 U.S. Dist. LEXIS 34932 (D CO, March 5, 2019), a Colorado federal district court adopted in part a magistrate's recommendation (2018 U.S. Dist. LEXIS 222320, Sept. 20, 2018) and allowed a parolee who is an atheist to move ahead with objections to the requirement that he stay at a Rescue Mission and take part in its religious activities.

In Kruger v. Lashbrook, 2019 U.S. Dist. LEXIS 36031 (SD IL, March 5, 2019), an Illinois federal district court dismissed an inmate's free exercise claim growing out of the refusal to allow him to receive religious greeting cards that he had ordered. Other religious claims were severed into a new case.

In Knight v. Shults, 2019 U.S. Dist. LEXIS 35791 (SD MS, March 6, 2019), a Mississippi federal district court adopted a magistrate's recommendation (2019 U.S. Dist. LEXIS 36936, Feb. 11, 2019) and refused to dismiss an inmate's claim under RFRA that he was not provided a requested Nation of Islam Ceremonial Meal.

In Fisherman v. Schaefer, 2019 U.S. Dist. LEXIS 36821 (D MN, March 7, 2019), a Minnesota federal district court adopted a magistrate's recommendation (2019 U.S. Dist. LEXIS 37752, Jan. 16, 2019) and dismissed an inmate's complaint that he was denied a vegan diet.

In Larry v. Goldsmith, 2019 U.S. Dist. LEXIS 38128 (ED WI, March 11, 2019), a Wisconsin federal district court dismissed a Muslim inmate's complaint about the one-time enforcement of a rule prohibiting praying on the floor between bunks when the dayroom is closed.

In Wilcox v. Erie County Prison, 2019 U.S. Dist. LEXIS 38282 (WD PA, March 11, 2019), a Pennsylvania federal district court dismissed an inmate's complaint that his kosher diet was rescinded as punishment for his eating kosher foods from another inmate's tray.

Recent Prisoner Free Exercise Cases

In Hatton v. Piper, 2019 U.S. Dist. LEXIS 32219 (D MN, Feb. 28,2019), a Minnesota federal district court adopted with modifications a magistrate's report (2019 U.S. Dist. LEXIS 33010, Jan. 23, 2019) and dismissed complaints by civilly committed sex offenders that they were not permitted to attend Native American religious services.

In Long v. Somerset County Jail, 2019 U.S. Dist. LEXIS 33508 (D NJ, March 4, 2019), a New Jersey federal district court dismissed, with leave to amend, a complaint by a Muslim pre-trial detainee that the jail did not permit Friday prayer services, had insufficient accommodations for Ramadan, did not provide prayer rules, kufis or prayer oil, and serve kosher instead of halal meals.

In Burtton v. Kenosha County Jail, 2019 U.S. Dist. LEXIS 33830 (ED WI, March 4, 2019), a Wisconsin federal district court allowed a Jewish inmate to move ahead with his complaint that he was removed from the kosher meal program.

In Heid v. Mohr, 2019 U.S. Dist. LEXIS 33895 (SD OH, March 4, 2019), in a lengthy opinion, an Ohio federal district court in denying a preliminary injunction upheld a prison's prohibiting inmate access to material of the Christian Separatist Church. The judge also denied a motion for recusal.

In Mason v. Ryan, 2019 U.S. Dist. LEXIS 33962 (D AZ, March 4, 2019), in a footnote in an opinion dealing largely with other matters an Arizona federal district court rejected an inmate's complaint that he was denied access to religious programs and services.

In Young v. Rodriguez, 2019 U.S. Dist. LEXIS 34235 (ED CA, March 4, 2019), a California federal magistrate judge refused to grant summary judgment to defendants on a Rastafarian inmate's 1st and 14th Amendment claims growing out of the refusal to allow him to wear his Crown into the prison visitation room.

Recent Prisoner Free Exercise Cases

In Hill v. Palmer, 2019 U.S. Dist. LEXIS 30851 (WD NC, Feb. 26, 2019), a North Carolina federal district court dismissed an inmate's complaint that he was denied daily devotionals and religious materials from various ministries.

In Miller v. Acosta, 2019 U.S. Dist. LEXIS 30547 (CD CA, Feb. 26, 2019), a California federal magistrate judge dismissed with leave to amend a Wiccan inmate's complaint regarding his removal from the religious meal program.

In Whitely v. CDCR, 2019 U.S. Dist. LEXIS 30672 (ED CA, Feb. 25, 2019), a California federal magistrate judge recommended dismissing a suit by a Muslim inmate alleging denial of access to Islamic services and delay of religious services.

In Parson v. Pierce, 2019 U.S. Dist. LEXIS 31757 (D DE, Feb. 28, 2019), a Delaware federal district court dismissed Muslim inmates' complaints about the ban on possessing razors and inadequate Ramadan diets. Other claims were dismissed for failure to exhaust administrative remedies.

In Blast v. Fischer, 2019 U.S. Dist. LEXIS 32336 (WD NY, Feb. 28, 2019), a New York federal magistrate judge denied a motion for civil contempt brought by an inmate who practices Santeria alleging loss of religious property for which she had a religious permit by reason of a prior court order.

In Townsend v. Georgia, 2019 U.S. Dist. LEXIS 33080 (SD GA, March 1, 2019), a Georgia federal district court agreed with a magistrate's recommendation (2019 U.S. Dist. LEXIS 33205, Feb. 11, 2019) and dismissed as frivolous an inmate's incoherent complaint that, invoking "sovereign citizen" theory, argued that his religious rights as a Rastafarian have been violated.

Recent Prisoner Free Exercise Cases

In Ollie v. Atchison, 2019 U.S. App. LEXIS 5439 (7th Cir., Feb. 25, 2019), the 7th Circuit affirmed dismissal of an inmate's claim that he was denied access to congregative religious services.

In Franklin v. Arguello, 2019 U.S. Dist. LEXIS 24469 (D NV, Jan. 14, 2019), a Nevada federal district court adopted a magistrate's recommendation (2019 U.S. Dist. LEXIS 25065, Jan. 7, 2019) and refused to dismiss an inmate's complaint that he was not allowed to participate in group Christian worship services and receive communion.

In Missouri v. Vansickle, 2019 U.S. Dist. LEXIS 23246 (WD MI, Feb. 13, 2019), a Michigan federal district court adopted a magistrate's recommendation (2019 U.S. Dist. LEXIS 25071, Jan. 23, 2019) and denied injunctive relief but permitted a Nation of Islam inmate to move ahead with his damages claim for refusal to accept his late sign-up for Ramadan meals.

In Stewart v. Richardson, 2019 U.S. Dist. LEXIS 26893 (SD NY, Feb. 19, 2019), a New York federal district court dismissed an inmate's complaint that his Arabic texts and his "Complete Book of Witchcraft" were confiscated.

In Cary v. Mox, 2019 U.S. Dist. LEXIS 26578 (ED MI, Feb. 20, 2019), a Michigan federal district court adopted a magistrate's recommendation (2019 U.S. Dist. LEXIS 27531, Jan. 22, 2019) and denied summary judgment, dismissing some of the claims, to a former inmate now on parole who asserted that his Native American medicine bag was desecrated in a search.

In Petersen v. Fresno County Sheriff's Office, 2019 U.S. Dist. LEXIS 27928 (ED CA, Feb. 20, 2019), a California federal magistrate judge recommended dismissing an inmate's complaint that his Sikh head covering was confiscated on two occasions.

In Dewitt v. Johnson, 2019 U.S. Dist. LEXIS 28493 (ND OH, Feb. 22, 2019), an Ohio federal district court dismissed an inmate's complaint that as a member of Disciple of Akrah he was discriminated against and denied a headband and scroll bag.

In Lane v. Tavares, 2019 U.S. Dist. LEXIS 28511 (MD PA, Feb. 21, 2019), a Pennsylvania federal magistrate judge recommended allowing a Muslim inmate to move ahead with his complaint that he was denied accommodation for his medical condition that he sought so he could access Friday prayers that were on a different floor of the prison.

In Love v. Price, 2019 U.S. Dist. LEXIS 29287 (ED MO, Feb. 25, 2019), a Missouri federal district court dismissed an inmate's claim that for two months he was forced to eat food that violated his religious diet.

In Ha'Keem v. Mesojedec, 2019 U.S. Dist. LEXIS 30328 (D MN, Feb. 26, 2019), a Minnesota federal district court rejected in part a magistrate's recommendation (2019 U.S. Dist. LEXIS 31083, Jan. 16, 2019) and allowed Muslim civil sex-offender detainees to move ahead on their claim that their facility's prayer oil policy violates their free exercise rights. However the court adopted other parts of the magistrate's recommendation and dismissed claims regarding religious discussions, cross-gender pat down searches, prayer rugs, prayer space and access to religious services.

Recent Prisoner Free Exercise Cases

In Maye v. Klee, (6th Cir., Feb. 14, 2019), the 6th Circuit denied qualified immunity to prison officials who refused to allow Nation of Islam members participate in the prison's Eid al-Fitr celebration.

In Whitney v. Furgerson, 2019 U.S. Dist. LEXIS 21818 (MD PA, Feb. 8, 2019), a Pennsylvania federal magistrate judge recommended that an inmate's complaint that he was not allowed to purchase or carry beads or cowry shells should be dismissed without prejudice for improper joinder with other claims and of defendants.

In Hall v. Hamilton, 2019 U.S. Dist. LEXIS 22238 (WD NC, Feb. 11, 2019), a North Carolina federal district court allowed a Muslim inmate to move ahead with his complaint that inmates are required to go to the showers only in boxers while his religion requires him to be clad from waist to ankles.

In Rodriguez v. Dzurenda, 2019 U.S. Dist. LEXIS 23164 (D NV, Feb. 13, 2019), a Nevada federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 221326, Dec. 17, 2018) and refused to issue a preliminary injunction to require prison authorities to formally recognize Satanism and allow practice of the faith.

In Collins v. Brockbridge Correctional Facility, 2019 U.S. Dist. LEXIS 23207 (D MD, Feb. 12, 2019), a Maryland federal district court dismissed for failure to exhaust administrative remedies an inmate's claim that strip searches violated his religious freedom rights.

In Shields v. Khan, 2019 U.S. Dist. LEXIS 23761 (SD CA, Feb. 13, 2019), a California federal magistrate judge recommended that a Muslim inmate be allowed to move ahead with his complaint that his name was removed from the Ramadan list.

In Tatum v. Lucas, 2019 U.S. Dist. LEXIS 25020 (ED WI, Feb. 15, 2019), a Wisconsin federal district court dismissed a Nation of Islam inmate's complaint that he did not receive a meatless diet and that correctional officers mocked his religious beliefs.

Recent Prisoner Free Exercise Cases

In Warner v. Friedman, 2019 U.S. Dist. LEXIS 19465 (ND CA, Feb. 6, 2019), a California federal district court allowed an inmate to move ahead with his claim that he is still not being provided an acceptable kosher diet.

In Quintero v. Bisbee, 2019 U.S. Dist. LEXIS 19760 (D NV, Feb. 7, 2019), a Nevada federal district court rejected a magistrate's recommendation (2018 U.S. Dist. LEXIS 221068, Oct. 10, 2018) and allowed an inmate to move ahead with his challenge to regulations that exclude'religious activities' from being rewarded by time off sentence.

In Rivers v. Dumont, 2019 U.S. Dist. LEXIS 20144 (MD PA, Feb. 6, 2019), a Pennsylvania federal magistrate judge recommended dismissing plaintiff's claim that his free exercise rights were infringed when police, before his arrest, accosted him on the sidewalk outside his apartment while he was speaking to Allah.

In Noor v. Pigniolo, 2019 U.S. Dist. LEXIS 20318 (ED CA, Feb. 7, 2019), a California federal magistrate judge dismissed with leave to amend an inmate's claim that his free exercise rights were infringed when the prison's library assistant racially profiled him by calling him a terrorist.

In Luther v. White, 2019 U.S. Dist. LEXIS 20486 (WD KY, Feb. 6, 2019), a Kentucky federal district court allowed a Bobo Shanti Rastafarian inmate to move ahead with some claims regarding removal of his dreadlocks and right to purchase and use incense.  Various other claims were dismissed.

In Blake v. Donovan, 2019 U.S. Dist. LEXIS 20937 (WD WI, Feb. 7, 2019), a Wisconsin federal district court dismissed on exhaustion grounds an inmate's complaint regarding access to a new type of Pagan prayer oil. It also deniedhis motion to be considered as an expert in Pagan and Asatru theology.

In Toney v. Harrod, 2019 U.S. Dist. LEXIS 21580 (D KA, Feb. 11, 2019), a Kansas federal district court denied qualified immunity to defendant correctional officer being sued by a Muslim inmate who complained that he should have received breakfast during Ramadan before dawn, and not merely before sunrise which is later.

Recent Prisoner Free Exercise Cases

In Ali v. Duboise, (10th Cir., Feb. 6, 2019), the 10th Circuit affirmed the dismissal on qualified immunity grounds of a Muslim inmate's complaint that he was told to pray outside his cell but his request for a more specific location was met with threats, expletives, a push and temporary lock down.

In Saleem v. Bonds, 2019 U.S. Dist. LEXIS 16081 (D NJ, Jan.. 29, 2019), a New Jersey federal district court allowed an inmate to proceed with his complaint that the Muslim prison chaplain denied him access to Jumu'ah prayer services because photos depicting homosexuals had been sent to plaintiff.

In Hall v. Tapp, 2019 U.S. Dist. LEXIS 16506 (WD NC, Feb. 1, 2019), a North Carolina federal district court dismissed an inmate's complaint that a correctional officer took two bottles of oil and a kufi from his cell.

In Morales v. New Hampshire Attorney General, 2019 U.S. Dist. LEXIS 17125 (D NH, Feb. 1, 2019), a New Hampshire federal district court adopted a magistrate's recommendation (2019 U.S. Dist. LEXIS 17431, Jan. 3, 2019) and dismissed on qualified immunity grounds a Catholic inmate's free exercise objection to a strip search.

In Glenn v. Johnson, 2019 U.S. Dist. LEXIS 17515 (D NJ, Feb. 1, 2019), a New Jersey federal district court dismissed a Muslim inmate's complaint that he was not served Halal meat rather than a vegetarian diet.

In Vaughn v. Wegman, 2019 U.S. Dist. LEXIS 17639 (ED CA, Feb. 1, 2019), a California federal magistrate judge recommended dismissal of an inmate's complaint that the Community Resource Manager denied him participation in the Jewish kosher meal program and Jewish religious services.

In Depaola v. Clarke, 2019 U.S. Dist. LEXIS 18629 (WD VA, Feb. 5, 2019), a Virginia federal magistrate judge recommended finding that manner in which the one-quarter inch beard grooming policy was enforced against a Muslim inmate did not substantially burden his free exercise rights.

Recent Prisoner Free Exercise Cases

In Timmons v. Polley, 2019 U.S. Dist. LEXIS 14533 (D NV, Jan. 29, 2019), a Nevada federal district court allowed a Muslim inmate to move ahead with complaints regarding inadequate Halal food during Ramadan, and refusal of permission to attend Jumah services and receive certain religious material.

In McKinney v. County of Imperial, 2019 U.S. Dist. LEXIS 14927 (CD CA, Jan. 30, 2019), a California federal district court adopted a magistrate's recommendation (2019 U.S. Dist. LEXIS 14927, Jan. 3, 2019) and dismissed, with leave to amend, a Jewish inmate's claim for damages for denial of kosher meals.

In Sassi v. Dutchess County, 2019 U.S. Dist. LEXIS 15387 (ND NY, Jan. 23, 2019), a New York federal district court allowed a Catholic inmate to move ahead with his complaint that he was denied a Bible for several days, but dismissed his complaint regarding inability to attend Bible study groups.

In Hardy v. Agee, 2019 U.S. Dist. LEXIS 15093 (WD MI, Jan. 31, 2019), a Michigan federal district court, in a case on remand from the 6th Circuit, adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 220438, Dec. 11, 2018) and dismissed a Muslim inmate's complaint that he was not allowed for a period of time to attend religious services, and was not allowed to attend Taleem (study sessions) while on room restriction for refusing a work assignment.

In Dykes v. Benson, 2019 U.S. Dist. LEXIS 15990 (WD MI, Feb. 1, 2019), a Michigan federal district court allowed an inmate to move ahead with his complaint that he could not access his Koran for the first two weeks in segregation.

Recent Prisoner Free Exercise Cases

In DeMarco v.Davis, (5th Cir., Jan. 28, 2019), the 5th Circuit allowed an inmate to proceed against one defendant on his complaint regarding seizure of his religious material.

In Williams v. Las Vegas Metropolitan Police Department, 2019 U.S. Dist. LEXIS 12878 (D NV, Jan. 25, 2019), a Nevada federal district court allowed an inmate to move ahead with his claim that he was denied a food tray because he requested kosher food.

In Tormasi v. Lanigan, 2019 U.S. Dist. LEXIS 13028 (D NJ, Jan. 28, 2019), a New Jersey federal district court allowed a inmate "independently engaged in Jewish self-practice" to move ahead with some of his claims growing out of the prison's denial of his request for a religious circumcision.

In Brooks v. Cape Girardeau County, 2019 U.S. Dist. LEXIS 13847 (ED MO, Jan. 29, 2019), a Missouri federal district court dismissed an inmate's complaint that he has been denied a kosher diet.

In Barfell v. Aramark Correctional Services, 2019 U.S. Dist. LEXIS 13945 (ED WI, Jan. 29, 2019), a Wisconsin federal district court dismissed an inmate's complaint that his request for vegan meals was not approved for 5 days.

In Weathersby v. Ituah, 2019 U.S. Dist. LEXIS 15385 and Mitchell v. Ituah, 2019 U.S. Dist. LEXIS 15769 (SD TX, Jan. 31, 2019), a Texas federal district court dismissed a Muslim inmate's complaint that on one occasion inmates were not told that an evening meal consisting of "Beenies and Weenies" contained pork.

Recent Prisoner Free Exercise Cases

In Gibson v. Miller, 2019 N.J. Super. Unpub. LEXIS 155 (NJ App., Jan. 22, 2019), a New Jersey state appellate court rejected an argument from an inmate convicted of murdering a former girlfriend that the divorce obtained by his wife was invalid because under Catholic doctrine a marriage cannot be dissolved by any earthly authority.

In Harris v. Holmes, 2019 U.S. Dist. LEXIS 10693 (D NJ, Jan. 23, 2019), a New Jersey federal district court dismissed a Muslim inmate's complaints about his diet during Ramadan, prayer time, access to prayer oils and wearing a kufi.

In Ruffin v. Baldwin, 2019 U.S. Dist. LEXIS 10881 (SD IL, Jan. 23, 2019), an Illinois federal district court allowed a Jewish inmate to move ahead with claims that he was denied certified kosher meals for breakfast, denied assembly for religious services, and not allowed to wear his religious medallion.

In Tenison v. Byrd, 2019 U.S. Dist. LEXIS 11620 (WD OK, Jan. 23, 2019), an Oklahoma federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 220080, Dec. 28, 2018) and dismissed a Muslim inmate's complaint that he had been threatened about giving away his halal food tray and that Muslims were no longer able to pray on the day room floor.

In Massaquoi v. Morris, 2019 U.S. Dist. LEXIS 10079 (MD PA, Jan. 18, 2019), a Pennsylvania federal magistrate judge recommended dismissing an inmate's claim that he was denied a religious exemption from the Department of Corrections's haircut policy.

Recent Prisoner Free Exercise Cases

In Sterling v. Sellers, 2019 U.S. App. LEXIS 1522 (11th Cir., Jan. 16, 2019), the 11th Circuit refused to allow a previously litigious inmate to proceed without paying a filing fee under the imminent danger exception. The inmate alleged that prison officials use physical force against Muslims to stop their congregate prayers in dorms.

In Blankumsee v. Foxwell, 2019 U.S. Dist. LEXIS 4574 (D MD, Jan. 10, 2019), a Maryland federal district court dismissed for failure to exhaust administrative remedies a complaint by a Christian inmate that serving him turkey sausages made with pork stock violated his religious beliefs.

In Bell v. English, 2019 U.S. Dist. LEXIS 5425 (D KA, Jan. 11, 2019), a Kansas federal district court gave an inmate 3 weeks to show cause not to dismiss his complaint that he was without his Bible for 3 days after a search.

In Dayton v. Lisenbee, 2019 U.S. Dist. LEXIS 5435 (ED MO, Jan. 11, 2019), a Missouri federal district court held that there is no constitutional requirement that a jail create religious services for prisoners, at least in the absence of a demand for particular religious services or an allegation that group services are the only meaningful way for an inmate to practice his religion.

In Scales v. Walker, 2019 U.S. Dist. LEXIS 9055 (WD WI, Jan. 18, 2019), a Wisconsin federal district court dismissed an inmate's claim that his free exercise and other rights were infringed when a correctional officer attempted to serve him a waffle that had dropped on the floor and refused to replace his Kosher meal when plaintiff learned what had happened.

Recent Prisoner Free Exercise Cases

In Carr v. Zwally, (10th Cir., Jan. 8, 2019), the 10th Circuit affirmed the dismissal of an inmate's complaint that a sheriff's deputy removed religious material, including two Bibles, from his cell.

In Anderson v. Dzurenda, 2019 U.S. Dist. LEXIS 784 (D NV, Jan. 3, 2019), a Nevada federal district court allowed a Wiccan inmate to move ahead with his complaint that he was denied religious items, religious oils and religious teas.

In Williams v. Kobayashi, 2019 U.S. Dist. LEXIS 1015 (D HI, Jan. 3, 2019), an Hawaii federal district court dismissed with leave to amend an inmate's complaint that his personal minister's application for special visitor status was denied.

In Lopez v. Semple, 2019 U.S. Dist. LEXIS 1361 (D CT, Jan. 4, 2019), a Connecticut federal district court dismissed an inmate's claim that he was deprived of religious services while in segregation.

In Wilson v. Arizona, 2019 U.S. Dist. LEXIS 1744 (D AZ, Jan. 3, 2019), an Arizona federal district court dismissed an inmate's complaint that he was denied religious meals and that his food was tampered with because of his religion.

In Canada v. Stirling, 2019 U.S. Dist. LEXIS 3004 (D SC, Jan. 8, 2019), a South Carolina federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 218699, Dec. 17, 2018) and dismissed an inmate's claim that playing the Pledge of Allegiance over the prison loudspeaker two to three times per day violated the Establishment Clause.

In Wilcox v. Brown, 2019 U.S. Dist. LEXIS 3684 (WD NC, Jan. 9, 2019),a North Carolina federal district court allowed an inmate to move ahead with his damage claim for the temporary cancellation of Rastafarian religious services.

10th Circuit: Church of the Creator Does Not Qualify As A "Religion"

In Hale v. Federal Bureau of Prisons, (10th Cir., Jan. 7, 2019), the U.S. 10th Circuit Court of Appeals, in a prisoner free exercise case, held that the white supremacist Church of the Creator does not qualify as a "religion".  Thus the protections of the Religious Freedom Restoration Act do not apply to claims of an inmate whose participation in Creativity was limited because of its designation as a security threat group. The court applied a 5-factor test set out in earlier cases to determine whether Creativity was a religious belief system.  The court said in part:

Instead of addressing existential, teleological, or cosmological matters, Creativity presents only a singular concern of racial dominance, framed in terms of social, political, and ideological struggles. Thus, Creativity does not address ultimate ideas.

7th Circuit Remands Prisoner's Attempt To Join Moorish Science Worship

In Neely-Bey v. Conley, (7th Cir., Jan. 2, 2019), the U.S. 7th Circuit Court of Appeals, in a 38-page opinion, remanded to an Indiana federal district court a suit by an inmate who claimed that his free exercise rights were infringed when prison authorities at Correctional Industrial Facility did not permit him to participate fully in worship services of the Moorish Science Temple of America. The court said in part:

Mr. Neely-Bey ... does not ask the CIF to accommodate a personal belief not required of MSTA adherents. Rather, he asks that the CIF require the MSTA to accept him as a full member even though his belief system as a declared sovereign citizen differs substantially from that of the MSTA and MSTA liturgical practices require that its adherents share their religious beliefs in the course of their worship services. The MSTA consequently believes that admitting Mr. Neely-Bey as a member would challenge its teachings and, possibly, jeopardize its status....

We therefore have no doubt that the prison officials are on solid ground in maintaining that they have a right, and indeed an obligation, to protect the right of other prisoners who adhere to the MSTA faith to worship in a congregational manner to the extent that such a practice is consistent with other penal objectives.

Of course, in asserting such an objective and in choosing a means to achieve such an objective, Turner v. Safley ...teaches that prison officials cannot rely on the mere incantation of a penal interest but must come forward with record evidence that substantiates that the interest is truly at risk and that prison officials have chosen an appropriate manner to assert that interest. Before us, the defendants justify their actions only in terms of the MSTA’s rights without any reference to the possible impact on the security, operations, or finances of the CIF. Under such circumstances, we cannot conclude that the defendants have articulated a legitimate “penological” reason for denying Mr. Neely-Bey full participation in MSTA’s Friday services.

The merits of Mr. Neely-Bey’s claim for injunctive relief therefore remain an open question. In considering this question, the district court should not only determine the propriety of injunctive relief under the Free Exercise Clause, but possible relief under RLUIPA.

Indiana Lawyer reports on the decision.

Recent Prisoner Free Exercise Cases

In Pattison v. State Department of Corrections, 2018 Nev. App. Unpub. LEXIS 962 (NV App., Dec. 17, 2018), a Nevada appellate court held that the trial court did not abuse its discretion in denying a permanent injunction to require the Department of Corrections to furnish an inmate kosher meals.

In Jackson v. Mike-Lopez, 2018 U.S. Dist. LEXIS 215692 (D MN, Dec. 20, 2018), a Minnesota federal magistrate judge recommended dismissing claims of several inmates that their placement in segregation prevented them from taking part in various religious practices.