Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, December 29, 2005
Judge Denies Request To Amend Indiana Legislative Prayer Ruling
Monday, February 25, 2008
Recent Prisoner Free Excercise Cases
In Lane-El v. Indiana Department of Corrections, 2008 U.S. Dist. LEXIS 13192 (SD IN, Feb. 20, 2008), an Indiana federal district court rejected plaintiffs' claims that their free exercise and equal protection rights, as well as their rights under the Indiana constitution, were violated when the Assistant Superintendent at Pendleton Correctional Instituiton temporarily suspended religious activities of the Moorish Science Temple of America. The suspension was ordered so that officials could investigate claims that inmates were being charged money to have their names placed on the list of those who could attend Moorish Science services.
In Odom v. Dixion, 2008 U.S. Dist. LEXIS 11748, (WD NY, Feb. 15, 2008), a New York federal magistrate judge dismissed, for failure to demonstrate proof, claims by a prisoner that his constitutional rights were violated by the denial of properly prepared kosher meals.
In Scott v. High Desert State Prison, 2008 U.S. Dist. LEXIS 12170, (ED CA, February 6, 2008), a California federal magistrate judge dismissed, with leave to amend, a prisoner's RLUIPA complaint that was too vague for the court to determine whether or not it was frivolous. Plaintiff, a member of the House of Yahweh, alleged that religious vendors were not approved and prison chaplains were ordered to deprive him of his right to religious activities.
In Bridgewater v. Scribner, 2008 U.S. Dist. LEXIS 12264 (ED CA, Feb. 6, 2008), a California federal magistrate judge permitted a Muslim prisoner to continue with his claim that his free exercise rights were violated when was prevented from attending a festival to commemorate one of the five holy pillars of Islam. However, plaintiff was required to file an amended complaint if he wished to proceed as to certain of the defendants.
Tuesday, January 30, 2007
Indiana Senate Moves Back To Opening Prayers
Tuesday, February 21, 2006
Bill Introduced To Strip Federal Courts of Jurisdiction Over Legislative Prayer
Friday, May 22, 2009
Republicans Delay Committee Vote On 7th Circuit Nominee Over His Establishment Clause Decisions
Monday, November 23, 2009
Recent Prisoner Free Excercise Cases
In Pressley v. Madison, 2009 U.S. Dist. LEXIS 107231 (ND GA, Nov. 17, 2009), a Georgia federal district judge permitted a Muslim plaintiff to move ahead with her complaint that she was not permitted to wear her hijab covering her head while temporarily transferred for two days from prison to a county jail. The suit asks for an injunction to prohibit Barrow County Jail from depriving Muslim women of their hijabs and also seeks several million dollars in damages.
In Williams v. Cate, 2009 U.S. Dist. LEXIS 107920 (ED CA, Nov. 10, 2009), a California federal magistrate judge allowed a prisoner who was a member of the House of Yahweh faith to proceed against some of the defendants named in his lawsuit for alleged violations of the free exercise and equal protection clauses, as well as RLUIPA. The lawsuit alleged refusals to accommodate plaintiff's religious dietary requirements, failure to hold House of Yahweh religious services and discrimination in funding from the religious services budget.
In Morris v. Woodford, 2009 U.S. Dist. LEXIS 107612 (ND CA, Nov. 18, 2009), a California federal district court held that a prisoner had stated a cognizable claim under the 1st Amendment and RLUIPA. His complaint alleged denial and confiscation of his Qu'ran and other Islamic study and prayer materials.
In Lynch v. Huffman, 2009 U.S. Dist. LEXIS 107476 (SD IN, Nov. 17, 2009), an Indiana federal district court dismissed an inmate's claim that his free exercise rights were violated when his request to see a chaplain was ignored while he was in administrative segregation for two months. He did not allege this imposed a substantial burden on his religious exercise. Moreover the claim was now moot.
Sunday, March 02, 2014
Recent Prisoner Free Exercise Cases
In Santo Mujahid Islaam v. Greco, 2014 U.S. Dist. LEXIS 21866 (D NJ, Feb. 21, 2014), a New Jersey federal district court allowed an inmate to proceed with his complaint that he was denied the right to attend Muslim Friday prayer services. Other inmates named in the complaint were given the option of joining the action upon payment of filing fees.
In Toppin v. Kornegay, 2014 U.S. Dist. LEXIS 21888 (E.D.N.C. Feb. 21, 2014), a North Carolina federal district court rejected a Native American inmate's claim that a search of his cell involving handling of his sacred items box violated his free exercise rights.
In Lizama v. Hendricks, 2014 U.S. Dist. LEXIS 22955 (D NJ, Feb. 20, 2014), a New Jersey federal district court dismissed without prejudice an inmate's complaint that one of the defendants failed to provide him with his kosher meal.
In Winder v. Maynard, 2014 U.S. Dist. LEXIS 23038 (D MD, Feb. 24, 2014), a Maryland federal district court dismissed a complaint by a Wiccan inmate that his celebration of the Samhain Feast was impaired when authorities refused to allow Wiccans to prepare and serve pork products through the prison kitchen facilities.
In Johnson v. Lowry, 2014 U.S. Dist. LEXIS 23216 (ND IN, Feb. 21, 2014), an Indiana federal district court permitted a Native American inmate to move ahead with his free exercise and RLUIPA injunctive action challenging the prison's refusal to allow him to possess various religious items in his cell and to have group services.
In Buckner v. Allen, 2014 U.S. Dist. LEXIS 22695 (MD AL, Feb. 24, 2014), an Alabama federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 23724, Feb. 3, 2014) and dismissed a complaint by a Native American inmate alleging denial of tobacco use during religious ceremonies, interruption of ceremonies, limited use of fires and sweat lodge, allowance of gang members on ceremonial grounds, and the chaplain's desecration of religious items by touching them.
In Davis v. Pierce, 2014 U.S. Dist. LEXIS 25030 (SD TX, Feb. 27, 2014), a Texas federal magistrate judge rejected Native American inmates' challenges to the ban on inmates smoking the ceremonial pipe, infrequent Native American religious services, the grooming policy and the ban on medicine bags outside of cells.
In Hodges v. Sharon, 2014 U.S. Dist. LEXIS 25453 (ED CA, Feb. 26, 2014), a California federal magistrate judge permitted a Messianic Jewish inmate to proceed with his free exercise, RLUIPA and equal protection claims alleging denial of various religious practices, including weekly services and holiday celebrations.
In Godbey v. Wilson, 2014 U.S. Dist. LEXIS 25436 (ED VA, Feb. 26, 2014), a Virginia federal district court dismissed complaints by an inmate who is an Asatru adherent that he is not allowed to drink alcoholic mead during religious ceremonies or wear his hlath (headband with symbols on it) outside the prison chapel.
In Begnoche v. Derose, 2014 U.S. Dist. LEXIS 25580 (MD PA, Feb. 28, 2014), a Pennsylvania federal district court refused to dismiss a Native American inmate's free exercise claims against 3 defendants alleging that they failed to provide him with a spiritual advisor, denied him religious items such as prayer feathers and denied him a special food tray during the Green Corn feast celebration.
In Free v. Garcia, 2014 U.S. Dist. LEXIS 25128 (WD OK, Feb. 27, 2014), an Oklahoma federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 26100, Feb. 14, 2014) and dismissed claims (some with and some without prejudice) that an inmate who is a House of Yahweh adherent did not receive his requested religious meals. A motion to amend the complaint was referred back to the magistrate judge.
Wednesday, June 01, 2016
Christian Camp Says Nearby Dairy Farm Approval Violates RLUIPA
Thursday, April 30, 2009
Senate Judiciary Hearing Held On Nominees for Civil Rights Division, Judgeships
Yesterday, the U.S. Senate Judiciary Committee held a hearing on three nominees (webcast of hearing):
- Thomas E. Perez, to be Assistant Attorney General, Civil Rights Division, Department of Justice. (See prior posting.)
- David F. Hamilton, to be United States Circuit Judge for the Seventh Circuit. (See prior posting.)
- Andre M. Davis, to be United States Circuit Judge for the Fourth Circuit. (See prior posting.)
CQ reports that the most controversial of the nominations is that of David Hamilton. Apparently, this is because as a federal district court judge, Hamilton wrote two decisions holding that the Indiana House of Representatives, in opening its sessions with sectarian prayer, violated the Establishment Clause. (See prior postings 1, 2.) Republicans boycotted the first Judiciary Committee hearing on Hamilton on April 1, claiming that Democrats were moving too quickly on it. Only one Republican (Oklahoma's Tom Coburn) was in attendance yesterday.