Following on a suit filed by the ACLU in September, yesterday Americans United for Separation of Church and State announced that it has filed two lawsuits seeking U.S. Department of Veterans' Affairs (VA) approval of the Pentacle as a permissible symbol on memorial markers of Wiccan veterans buried in national cemeteries. The VA has approved symbols of 38 other faiths, but has delayed for years a ruling on requests by families of Wiccan veterans.
In Circle Sanctuary v. Nicholson, (full text of complaint) two widows, along with two Wiccan organizations, are asking a Wisconsin federal district court to rule that the VA is violating the First and Fifth Amendments, the Religious Freedom Restoration Act and the Administrative Procedure Act by refusing to issue any decision on the Pentacle applications and by discriminatorily maintaining a list of government approved religions. The same parties also filed suit in the U.S. Court of Appeals for the Federal Circuit (full text of complaint) challenging the constitutionality of the VA's Emblems of Beliefs Rule that limits the religious emblems that can be placed on grave markers in veterans' cemeteries. The complaint charges that the rule violates the Establishment, Free Exercise, Free Speech and Due Process Clauses of the U.S. Constitution. The Associated Press yesterday reported on the cases.
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Tuesday, November 14, 2006
Monday, April 17, 2006
More Prisoner Free Exercise Claims Decided
In Howard v. Wilson, (5th Cir. April 11, 2006), the 5th Circuit Court of Appeals affirmed a Mississippi federal district court's dismissal of a prisoner's free exercise challenge to the refusal of state prison officials to recognize the prisoner's adoption of a Muslim name. The appeal was dismissed as frivolous.
In Mark v. Off, (WD Wis., March 31, 2006), a Wisconsin federal district court rejected a former state prison inmate's free exercise claims brought under the First Amendment and RLUIPA. Mark Off variously claimed he was a Wiccan, a pagan, and a ritual magician. He brought suit challenging prison officials' removal of his "magic seals" from his cell walls and door.
In Keesh v. Smith, 2006 U.S. Dist. LEXIS 18834 (ND NY, March 2, 2006), a New York federal district court refused to issue a preliminary injunction to require New York correctional authorities to accommodate two prisoners' requests to practice the religion of "Tulukeesh". One of the prisoners identifies himself as the "Savior and Teacher" of Tulukeesh and says its tenets and practices are set out in the book "Holy Blackness," which he authored.
In Andreola v. Wisconsin, 2006 U.S. Dist. LEXIS 19123 (ED Wis., April 4, 2006), a lawsuit that has already been up to the 7th Circuit once, a Wisconsin federal district judge issued orders clarifying the remaining issues in a prisoner's lawsuit seeking greater accommodation of his request for kosher food than Wisconsin authorities are willing to grant. The court rejected plaintiff's claim under the First Amendment, but found that a claim under the higher standard of RLUIPA remains.
In Mark v. Off, (WD Wis., March 31, 2006), a Wisconsin federal district court rejected a former state prison inmate's free exercise claims brought under the First Amendment and RLUIPA. Mark Off variously claimed he was a Wiccan, a pagan, and a ritual magician. He brought suit challenging prison officials' removal of his "magic seals" from his cell walls and door.
In Keesh v. Smith, 2006 U.S. Dist. LEXIS 18834 (ND NY, March 2, 2006), a New York federal district court refused to issue a preliminary injunction to require New York correctional authorities to accommodate two prisoners' requests to practice the religion of "Tulukeesh". One of the prisoners identifies himself as the "Savior and Teacher" of Tulukeesh and says its tenets and practices are set out in the book "Holy Blackness," which he authored.
In Andreola v. Wisconsin, 2006 U.S. Dist. LEXIS 19123 (ED Wis., April 4, 2006), a lawsuit that has already been up to the 7th Circuit once, a Wisconsin federal district judge issued orders clarifying the remaining issues in a prisoner's lawsuit seeking greater accommodation of his request for kosher food than Wisconsin authorities are willing to grant. The court rejected plaintiff's claim under the First Amendment, but found that a claim under the higher standard of RLUIPA remains.
Monday, April 23, 2007
Settlement Says Wiccan Pentacle Can Now Be On Markers In National Cemeteries
Wiccan service personnel who are buried in national cemeteries will now be able to have a symbol of their faith-- the Pentacle-- placed on their grave markers. A settlement agreement was filed today in a Wisconsin federal district court in a suit filed by the widows of two servicemen last November. (See prior posting.) In the settlement in Circle Sanctuary v. Nicholson, the federal government agrees to add the Pentacle to the list of 38 already approved symbols representing many other religious faiths. Americans United for Separation of Church and State, representing the widows in the lawsuit, says in a release hailing the agreement that the lengthy delay in recognizing the Pentacle seems to have been motivated by bias against Wiccans. The AP reports that the government agreed to settle when it became clear that new rules being drafted by the VA would lead to the Wiccan symbol being favorably considered. Under the settlement, the VA will also pay $225,000 in attorneys’ fees and costs.
UPDATE: Here is a link to the full text of the settlement agreement. The Washington Post on Tuesday quotes AU executive director Barry Lynn as suggesting that the VA's resistance on this issue was due in part to its interpretation of remarks made in 1999 by then-Texas Governor George W Bush critical of Wicca. [Thanks to Melissa Rogers for the leads.]
UPDATE: Here is a link to the full text of the settlement agreement. The Washington Post on Tuesday quotes AU executive director Barry Lynn as suggesting that the VA's resistance on this issue was due in part to its interpretation of remarks made in 1999 by then-Texas Governor George W Bush critical of Wicca. [Thanks to Melissa Rogers for the leads.]
Monday, September 21, 2009
Recent Prisoner Free Exercise Cases
In Timbuktu v. Malone, 2009 U.S. Dist. LEXIS 82053 (ED WI, Sept. 9, 2009), a Wisconsin federal district court refused to grant summary judgement to two Muslim inmates who alleged that in a number of instances their prayers were interrupted or stopped, the location of their prayers were changed and that there were infringements on their observance of Ramadan and other religious feasts.
In Norton v. Kootenai County, 2009 U.S. Dist. LEXIS 82863 (D ID, Sept. 11, 2009), an Idaho federal district court dismissed plaintiff's claim that his First Amendment rights were violated when he was ordered to attend Alcoholics Anonymous meetings as a condition of his probation. The court concluded that while there was a religious component to the program, plaintiff never notified his probation officer of his objections to it.
In Parnell v. Tucker, 2009 U.S. Dist. LEXIS 83103 (ND CA, Aug. 27, 2009), a California federal district court permitted plaintiff to move ahead with claims against certain of the defendants that restrictions on his exercise of his Islamic religion, such as denying him access to the chapel or yard for congregational prayers and study, violate his First Amendment rights and his rights under RLUIPA.
In Hodgson v. Fabian, 2009 U.S. Dist. LEXIS 83134 (D MN, Aug. 19, 2009), a Minnesota federal magistrate judge recommended dismissing claims by a Wiccan prisoner that his rights are violated by prison policies that resulted in confiscation of issues of a Wiccan magazine, refusing to allow him and the Wiccan group to smudge or burn incense in the prison chapel, limiting the herbs that inmates could order for religious use, and prohibiting keeping or using prayer oil in inmate cells.
In Jordan v. Caruso, 2009 U.S. Dist. LEXIS 83575 (ED MI, Sept. 14, 2009), a Michigan federal district court rejected a claim by a prisoner who was a member of the Moorish Science Temple of America that his rights were violated when prison officials refused to use the term "El" as part of his name on his cell door card, as required by his religious beliefs. The magistrate's recommendations in the case are at 2009 U.S. Dist LEXIS 83584 (June 11, 2009).
In Hundal v. Lackner, 2009 U.S. Dist. LEXIS 83814 (CD CA, Sept. 15, 2009), a California federal magistrate judge held that a Sikh prisoner who was denied an exemption from beard length restrictions had not stated a claim under the First Amendment, but had stated a claim under RLUIPA. However the complaint was dismissed with leave to refile to eliminate the RLUIPA claims for damages against defendants in their individual capacities which the court held were not authorized under the statute.
In Cromer v. Unknown Chaney, 2009 U.S. Dist. LEXIS 84726 (WD MI, Aug. 26, 2009), a Michigan federal magistrate judge recommended dismissal of a claim that plaintiff's rights were violated when prison authorities confiscated Five Percent Nation religious materials from his cell.
In Robinson v. Meyers, 2009 U.S. Dist. LEXIS 84202 (D SC, Aug. 10, 2009), a South Carolina federal magistrate judge recommended granting summary judgement to defendants in a case in which a pre-trial detainee who was a member of the House of Yahweh complained about a 5-month delay in obtaining a diet meeting his religious requirements. The delay resulted from confusion about Plaintiff's religious affiliation and the type of diet required under the beliefs of that religion.
In Norton v. Kootenai County, 2009 U.S. Dist. LEXIS 82863 (D ID, Sept. 11, 2009), an Idaho federal district court dismissed plaintiff's claim that his First Amendment rights were violated when he was ordered to attend Alcoholics Anonymous meetings as a condition of his probation. The court concluded that while there was a religious component to the program, plaintiff never notified his probation officer of his objections to it.
In Parnell v. Tucker, 2009 U.S. Dist. LEXIS 83103 (ND CA, Aug. 27, 2009), a California federal district court permitted plaintiff to move ahead with claims against certain of the defendants that restrictions on his exercise of his Islamic religion, such as denying him access to the chapel or yard for congregational prayers and study, violate his First Amendment rights and his rights under RLUIPA.
In Hodgson v. Fabian, 2009 U.S. Dist. LEXIS 83134 (D MN, Aug. 19, 2009), a Minnesota federal magistrate judge recommended dismissing claims by a Wiccan prisoner that his rights are violated by prison policies that resulted in confiscation of issues of a Wiccan magazine, refusing to allow him and the Wiccan group to smudge or burn incense in the prison chapel, limiting the herbs that inmates could order for religious use, and prohibiting keeping or using prayer oil in inmate cells.
In Jordan v. Caruso, 2009 U.S. Dist. LEXIS 83575 (ED MI, Sept. 14, 2009), a Michigan federal district court rejected a claim by a prisoner who was a member of the Moorish Science Temple of America that his rights were violated when prison officials refused to use the term "El" as part of his name on his cell door card, as required by his religious beliefs. The magistrate's recommendations in the case are at 2009 U.S. Dist LEXIS 83584 (June 11, 2009).
In Hundal v. Lackner, 2009 U.S. Dist. LEXIS 83814 (CD CA, Sept. 15, 2009), a California federal magistrate judge held that a Sikh prisoner who was denied an exemption from beard length restrictions had not stated a claim under the First Amendment, but had stated a claim under RLUIPA. However the complaint was dismissed with leave to refile to eliminate the RLUIPA claims for damages against defendants in their individual capacities which the court held were not authorized under the statute.
In Cromer v. Unknown Chaney, 2009 U.S. Dist. LEXIS 84726 (WD MI, Aug. 26, 2009), a Michigan federal magistrate judge recommended dismissal of a claim that plaintiff's rights were violated when prison authorities confiscated Five Percent Nation religious materials from his cell.
In Robinson v. Meyers, 2009 U.S. Dist. LEXIS 84202 (D SC, Aug. 10, 2009), a South Carolina federal magistrate judge recommended granting summary judgement to defendants in a case in which a pre-trial detainee who was a member of the House of Yahweh complained about a 5-month delay in obtaining a diet meeting his religious requirements. The delay resulted from confusion about Plaintiff's religious affiliation and the type of diet required under the beliefs of that religion.
Saturday, December 15, 2007
Wiccan Symbol Joins Nativity Scene In Green Bay
As previously reported, Chad Fradette, City Council President in Green Bay, Wisconsin, obtained agreement from other city officials to install a nativity scene at City Hall, in sympathy with a smaller Wisconsin town whose nativity display was being challenged. Green Bay's resolution approving the nativity scene also provides that other religious groups can put up displays alongside it. Yesterday's Green Bay Press-Gazette reports that the city has received six requests from others. The first to actually be installed is a Wiccan symbol-- a 3-foot diameter wreath encircling a pentagram. Fradette, displaying broad ecumenical tolerance, said: "That’s pretty. I’m glad there’s something else up there." Another group has told Fradette that it will appear to sing Christmas carols before next Tuesday's City Council meeting begins. Council will discuss rules and guidelines for religious displays on City Hall property.
Friday, June 12, 2009
Recent Prisoner Free Exercise Cases
In Soder v. Williamson, (3d Cir., June 5, 2009), the U.S. 3rd Circuit Court of Appeals affirmed the dismissal of a prisoner's lawsuit that alleged, among other things, that his free exercise rights were violated when he had to wait 24 days for a chest x-ray after refusing for religious reasons to have a TB test by injection.
In Hudson v. Radtke, 2009 U.S. Dist. LEXIS 47453 (WD WI, June 5, 2009), a Wisconsin federal district court held that plaintiff failed to show that prison authorities substantially burdened his free exercise of religion by failing to return two books, The Noble Quran and Two Faces of Islam, to him.
In McCord v. Hompe, 2009 U.S. Dist. LEXIS 47450 (WD WI, June 5, 2009), a Wisconsin federal district court dismissed plaintiff's complaint that the segregation library at the Stanley Correctional Institution has no books on the Wiccan religion . It held that plaintiff presented no current case or controversy because he had been moved to a different prison facility.
In a lengthy opinion in Burke v. North Dakota Department of Corrections & Rehabilitation, 2009 U.S. Dist. LEXIS 47957 (D ND, June 5, 2009), a North Dakota federal district court rejected free exercise and religious discrimination claims by a shaivite Hindu who was in prison after murder and arson convictions. Prisoner Dale Burke claimed that prison authorities reduced the time for Hindu worship services from two to one hour per week, eliminating services on Thursdays; denied him certain items that are essential parts of Hindu worship; and failed to find an outside volunteer to help Burke study his religion.
In McReaken v. Schriro, 2009 U.S. Dist. LEXIS 48292 (D AZ, May 26, 2009), an Arizona federal district court permitted plaintiff to move ahead with his claim that his Multi-Faith group's religious ceremonies were frequently interrupted by security staff and that they had to be held in an open recreation yard. Plaintiff alleged that prison policies gave more favorable treatment to Native American ceremonies than to other non-Christian groups.
In Hudson v. Radtke, 2009 U.S. Dist. LEXIS 47453 (WD WI, June 5, 2009), a Wisconsin federal district court held that plaintiff failed to show that prison authorities substantially burdened his free exercise of religion by failing to return two books, The Noble Quran and Two Faces of Islam, to him.
In McCord v. Hompe, 2009 U.S. Dist. LEXIS 47450 (WD WI, June 5, 2009), a Wisconsin federal district court dismissed plaintiff's complaint that the segregation library at the Stanley Correctional Institution has no books on the Wiccan religion . It held that plaintiff presented no current case or controversy because he had been moved to a different prison facility.
In a lengthy opinion in Burke v. North Dakota Department of Corrections & Rehabilitation, 2009 U.S. Dist. LEXIS 47957 (D ND, June 5, 2009), a North Dakota federal district court rejected free exercise and religious discrimination claims by a shaivite Hindu who was in prison after murder and arson convictions. Prisoner Dale Burke claimed that prison authorities reduced the time for Hindu worship services from two to one hour per week, eliminating services on Thursdays; denied him certain items that are essential parts of Hindu worship; and failed to find an outside volunteer to help Burke study his religion.
In McReaken v. Schriro, 2009 U.S. Dist. LEXIS 48292 (D AZ, May 26, 2009), an Arizona federal district court permitted plaintiff to move ahead with his claim that his Multi-Faith group's religious ceremonies were frequently interrupted by security staff and that they had to be held in an open recreation yard. Plaintiff alleged that prison policies gave more favorable treatment to Native American ceremonies than to other non-Christian groups.
Friday, February 02, 2007
Court Rejects Delay Motion In Wiccan Grave Marker Suit
A federal district court judge in Wisconsin has denied a motion by the U.S. Department of Veterans Affairs to delay the start of a trial in a lawsuit seeking a decision on adding the Wiccan pentacle to the list of permissible symbols on veterans' memorial markers in national cemeteries. The Associated Press reported yesterday that in a one-line order, the court rejected a motion by the VA in Circle Sanctuary v. Nicholson to delay the trial while it finalizes a new rule on gravestone markers. The suit alleges that the VA has already delayed ruling on the matter for over nine years. (See prior posting.) Trial is now set to begin on the matter on June 29.
Sunday, March 15, 2009
Lots of New Prisoner Free Exercise Cases Available This Week
In Sanders v. Ennis-Bullock, (9th Cir., Feb. 18, 2009), the U.S. 9th Circuit Court of Appeals agreed with the district court that the Arizona prison policy limiting inmates to ten religious audiotapes at a time did not substantially burden plaintiff’s exercise of religion. However it remanded for further findings a portion of plaintiff’s Americans With Disabilities Act claims relating to denial of biaural headphones. (See prior related posting.)
In Garner v. Morales, (5th Cir., March 6, 2009), the U.S. 5th Circuit Court of Appeals vacated a portion of the district court’s summary judgment against defendant and remanded the case for the court to reconsider whether counsel should be appointed, and then to reconsider its rejection of plaintiff's RLUIPA challenge to the Texas prisons grooming policy. Plaintiff, a Muslim, wants to wear a quarter-inch beard. The court however affirmed the trial court's dismissal of plaintiff's First Amendment and Equal Protection claims and of the lower court's holding that sovereign immunity barred damage actions against defendants in their official capacities.
In Adekoya v. Chertoff, 2009 U.S. Dist. LEXIS 16980 (D NJ, March 4, 2009), a New Jersey federal district court refused to permit an immigration detainee to challenge the absence of Halal food at the Bergen County jail unless in an amended complaint plaintiff is able to detail facts distinguishing this from an earlier 3rd Circuit case that denied a similar claim.
In Prentiss v. Clark, 2009 U.S. Dist. LEXIS 16951 (ED CA, Feb. 20, 2009), a California federal magistrate judge dismissed, with leave to file an amended complaint, free exercise, equal protection and RLUIPA claims brought by a Wiccan prisoner who claimed that religious activities for the Wiccan/Pagan Community in his facility were insufficient-- only one hour of worship every Saturday.
In Buckner v. Casaleggio, 2009 U.S. Dist. LEXIS 17310 (D NV, Feb. 27, 2009), a Nevada federal district court permitted plaintiff , an Orthodox Sunnah Muslim, to move ahead with his claim for injunctive relief asserting that his rights under the First Amendment, the Equal Protection Clause and RLUIPA were violated when authorities permitted only joint Juma'h religious services with Nation of Islam members, instead of separate services.
In Echtinaw v. Lappin, 2009 U.S. Dist. LEXIS 17842 (D KS, March 9, 2009), a Kansas federal district court dismissed a Muslim prisoner's claims that his ability to practice this religion is infringed by disruption of worship services, lack of access to religious materials and problems with religious celebrations.
In Perez v. Frank, 2009 U.S. Dist. LEXIS 18241 (ED WI, March 9, 2009), a Wisconsin federal district court refused to grant summary judgment to defendants and permitted two Muslim prisoners to move to trial on a variety of claims. They seeking access to several items of religious property-- primarily certain items of apparel worn to emulate the Prophet Muhammad. One of the plaintiffs seeks halal meals and also object to TB testing that involves subcutaneous injection of substance derived from pork. However 4 defendants were dismissed from the case. Over the past few years, 3 other opinions have been handed down in the case.
In Cabbagestalk v. South Carolina Department of Corrections, 2009 U.S. Dist. LEXIS 18412 (D SC, Feb. 24, 2009), a South Carolina federal district judge accepted the recommendations of a federal magistrate judge to deny a preliminary injunction to a Rastafarian prisoner who objected to a number of aspects of prison rules relating to clothing, food and confinement that interferes with religious services.
In Amaker v. Goord, 2009 U.S. Dist. LEXIS 19327 (WD NY, March 10, 2009), a New York federal district court rejected a claim by a Nation of Islam prisoner that prison authorities were in contempt of a prior injunction by transferring him to another detention facility. The injunction protected plaintiff in the wearing of dreadlocks.
In Musto v. Trinity Food Services, Inc., 2009 U.S. Dist. LEXIS 18589 (MD FL, Feb. 20, 2009), a Florida federal district judge permitted an inmate to move ahead with his First Amendment claim that he was denied "Kosher dietary meals," appropriate Jewish materials, and visits from a Rabbi. The court also permitted plaintiff to proceed with his retaliation claim, and with his RLUIPA claim against individuals in their official capacities for nominal damages.
In Avery v. Chacon, 2009 U.S. Dist. LEXIS 18958 (ND CA, Feb. 10, 2009), a California federal district court permitted plaintiff to move ahead with his claim that a corrections officer confiscated and destroyed his religious and cultural material.
In Garner v. Morales, (5th Cir., March 6, 2009), the U.S. 5th Circuit Court of Appeals vacated a portion of the district court’s summary judgment against defendant and remanded the case for the court to reconsider whether counsel should be appointed, and then to reconsider its rejection of plaintiff's RLUIPA challenge to the Texas prisons grooming policy. Plaintiff, a Muslim, wants to wear a quarter-inch beard. The court however affirmed the trial court's dismissal of plaintiff's First Amendment and Equal Protection claims and of the lower court's holding that sovereign immunity barred damage actions against defendants in their official capacities.
In Adekoya v. Chertoff, 2009 U.S. Dist. LEXIS 16980 (D NJ, March 4, 2009), a New Jersey federal district court refused to permit an immigration detainee to challenge the absence of Halal food at the Bergen County jail unless in an amended complaint plaintiff is able to detail facts distinguishing this from an earlier 3rd Circuit case that denied a similar claim.
In Prentiss v. Clark, 2009 U.S. Dist. LEXIS 16951 (ED CA, Feb. 20, 2009), a California federal magistrate judge dismissed, with leave to file an amended complaint, free exercise, equal protection and RLUIPA claims brought by a Wiccan prisoner who claimed that religious activities for the Wiccan/Pagan Community in his facility were insufficient-- only one hour of worship every Saturday.
In Buckner v. Casaleggio, 2009 U.S. Dist. LEXIS 17310 (D NV, Feb. 27, 2009), a Nevada federal district court permitted plaintiff , an Orthodox Sunnah Muslim, to move ahead with his claim for injunctive relief asserting that his rights under the First Amendment, the Equal Protection Clause and RLUIPA were violated when authorities permitted only joint Juma'h religious services with Nation of Islam members, instead of separate services.
In Echtinaw v. Lappin, 2009 U.S. Dist. LEXIS 17842 (D KS, March 9, 2009), a Kansas federal district court dismissed a Muslim prisoner's claims that his ability to practice this religion is infringed by disruption of worship services, lack of access to religious materials and problems with religious celebrations.
In Perez v. Frank, 2009 U.S. Dist. LEXIS 18241 (ED WI, March 9, 2009), a Wisconsin federal district court refused to grant summary judgment to defendants and permitted two Muslim prisoners to move to trial on a variety of claims. They seeking access to several items of religious property-- primarily certain items of apparel worn to emulate the Prophet Muhammad. One of the plaintiffs seeks halal meals and also object to TB testing that involves subcutaneous injection of substance derived from pork. However 4 defendants were dismissed from the case. Over the past few years, 3 other opinions have been handed down in the case.
In Cabbagestalk v. South Carolina Department of Corrections, 2009 U.S. Dist. LEXIS 18412 (D SC, Feb. 24, 2009), a South Carolina federal district judge accepted the recommendations of a federal magistrate judge to deny a preliminary injunction to a Rastafarian prisoner who objected to a number of aspects of prison rules relating to clothing, food and confinement that interferes with religious services.
In Amaker v. Goord, 2009 U.S. Dist. LEXIS 19327 (WD NY, March 10, 2009), a New York federal district court rejected a claim by a Nation of Islam prisoner that prison authorities were in contempt of a prior injunction by transferring him to another detention facility. The injunction protected plaintiff in the wearing of dreadlocks.
In Musto v. Trinity Food Services, Inc., 2009 U.S. Dist. LEXIS 18589 (MD FL, Feb. 20, 2009), a Florida federal district judge permitted an inmate to move ahead with his First Amendment claim that he was denied "Kosher dietary meals," appropriate Jewish materials, and visits from a Rabbi. The court also permitted plaintiff to proceed with his retaliation claim, and with his RLUIPA claim against individuals in their official capacities for nominal damages.
In Avery v. Chacon, 2009 U.S. Dist. LEXIS 18958 (ND CA, Feb. 10, 2009), a California federal district court permitted plaintiff to move ahead with his claim that a corrections officer confiscated and destroyed his religious and cultural material.
Sunday, September 08, 2013
Recent Prisoner Free Exercise Cases
In Washington v. Afify, 2013 U.S. Dist. LEXIS 125523 (WD NY, Sept. 3, 2013), a New York federal district court dismissed claims by a Muslim inmate that his free exercise rights were infringed by assignment of a cell mate who exposed him to pornographic images and sexually explicit TV and music; that he was denied "religious" meals during Ramadan unless he agreed to work in the mess hall; and that he was not allowed to attend religious services because of misbehavior reports.
In McCallon v. Lasalle Management Co., 2013 U.S. Dist. LEXIS 125768 (WD LA, Sept. 3, 2013), a Louisiana federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 125765, Aug. 5, 2013) and dismissed a Muslim inmate's complaints regarding the method of appointing an imam, limitations on participation in Jum'ah services, an improper Ramadan diet and no Eid feast.
In Price v. White, 2013 U.S. Dist. LEXIS 125946 (WD KY, Sept. 3, 2013), a Kentucky federal district court allowed a Jewish inmate to proceed with his claim that his free exercise and RLUIPA rights were violated when he was forced to shave his head while in segregation, in violation of his religious beliefs.
In Watts v. Byars, 2013 U.S. Dist. LEXIS 126148 (D SC, Sept. 3, 2013), a South Carolina federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 125997, June 10, 2013) and rejected a Muslim inmate's complaint that he was served a vegetarian rather than a Halal menu.
In Martz v. Sci-Coal Township Therapeutic Community, 2013 U.S. Dist. LEXIS 125884 (MD PA, Sept. 4, 2013), a Pennsylvania federal district court allowed an inmate to proceed on his claim that he was denied parole on his earliest release date for failure to attend a drug and alcohol program whose secular option to the religious/spiritual segment existed only on paper and not in reality.
In Patel v. Brewton, 2013 U.S. Dist. LEXIS 126242 (SD GA, Sept. 4, 2013), a Georgia federal magistrate judge recommended that an inmate be permitted to proceed on his complaint that defendant improperly ended his religious meals.
In Taylor v. Hubbard, 2013 U.S. Dist. LEXIS 126311 (ED CA, Sept. 4, 2013), a California federal magistrate judge recommended allowing an inmate who practiced Thelema to proceed with claims that some of his religious items were confiscated. Other claims were dismissed for failure to exhaust administrative remedies.
In Tatum v. Clarke, 2013 U.S. Dist. LEXIS 126821 (ED WI, Sept. 5, 2013), a Wisconsin federal district court rejected an inmate's claim that while in jail he was subjected to a year-long retaliatory conspiracy based on his religion. However he was permitted to proceed with certain other religion claims.
In Allen v. Mikarimi, 2013 U.S. Dist. LEXIS 126996 (ND CA, Sept. 5, 2013), a California federal district court dismissed certain defendants and permitted a Muslim inmate to proceed against others on his complaint that Muslims were denied group worship services, while other religious groups were allowed them.
In Ricks v. Albitre, 2013 U.S. Dist. LEXIS 127662 (ED CA, Sep. 5, 2013), a California federal magistrate judge held that an inmate could proceed against certain of the defendants on the claim that they substantially burdened the practice of his religion by failing to provide Wiccan services and failing to purchase Wiccan materials and artifacts.
In McCallon v. Lasalle Management Co., 2013 U.S. Dist. LEXIS 125768 (WD LA, Sept. 3, 2013), a Louisiana federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 125765, Aug. 5, 2013) and dismissed a Muslim inmate's complaints regarding the method of appointing an imam, limitations on participation in Jum'ah services, an improper Ramadan diet and no Eid feast.
In Price v. White, 2013 U.S. Dist. LEXIS 125946 (WD KY, Sept. 3, 2013), a Kentucky federal district court allowed a Jewish inmate to proceed with his claim that his free exercise and RLUIPA rights were violated when he was forced to shave his head while in segregation, in violation of his religious beliefs.
In Watts v. Byars, 2013 U.S. Dist. LEXIS 126148 (D SC, Sept. 3, 2013), a South Carolina federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 125997, June 10, 2013) and rejected a Muslim inmate's complaint that he was served a vegetarian rather than a Halal menu.
In Martz v. Sci-Coal Township Therapeutic Community, 2013 U.S. Dist. LEXIS 125884 (MD PA, Sept. 4, 2013), a Pennsylvania federal district court allowed an inmate to proceed on his claim that he was denied parole on his earliest release date for failure to attend a drug and alcohol program whose secular option to the religious/spiritual segment existed only on paper and not in reality.
In Patel v. Brewton, 2013 U.S. Dist. LEXIS 126242 (SD GA, Sept. 4, 2013), a Georgia federal magistrate judge recommended that an inmate be permitted to proceed on his complaint that defendant improperly ended his religious meals.
In Taylor v. Hubbard, 2013 U.S. Dist. LEXIS 126311 (ED CA, Sept. 4, 2013), a California federal magistrate judge recommended allowing an inmate who practiced Thelema to proceed with claims that some of his religious items were confiscated. Other claims were dismissed for failure to exhaust administrative remedies.
In Tatum v. Clarke, 2013 U.S. Dist. LEXIS 126821 (ED WI, Sept. 5, 2013), a Wisconsin federal district court rejected an inmate's claim that while in jail he was subjected to a year-long retaliatory conspiracy based on his religion. However he was permitted to proceed with certain other religion claims.
In Allen v. Mikarimi, 2013 U.S. Dist. LEXIS 126996 (ND CA, Sept. 5, 2013), a California federal district court dismissed certain defendants and permitted a Muslim inmate to proceed against others on his complaint that Muslims were denied group worship services, while other religious groups were allowed them.
In Ricks v. Albitre, 2013 U.S. Dist. LEXIS 127662 (ED CA, Sep. 5, 2013), a California federal magistrate judge held that an inmate could proceed against certain of the defendants on the claim that they substantially burdened the practice of his religion by failing to provide Wiccan services and failing to purchase Wiccan materials and artifacts.
Tuesday, December 18, 2007
Green Bay's Holiday Display Attempts Create Problems
Things seem to have gotten a bit out of hand with holiday displays in Green Bay, Wisconsin. As previously reported (1, 2), City Council President Chad Fradette put up a nativity scene, and city council invited other religions to place their own displays up as well. Quickly a Wiccan pentacle joined the creche. Today's Green Bay Press Gazette reports that overnight, someone stole and damaged the Wiccan display. Meanwhile, yesterday Mayor Jim Schmitt announced a moratorium on new displays until City Council has a chance tonight to consider proposed guidelines. That angered two people who had brought displays-- a Unitarian Universalist who wanted to put up a peace sign and another individual who wanted to display a decorated cross wrapped in American flag cloth to symbolize the improper merging of church and state. Other proposed displays included ones for Festivus and a "Flying Spaghetti Monster" display. The mayor's proposed guidelines limit the size of displays, provide they cannot contain written words, lights or electronic devices, and require the symbol to be one of a religious holiday celebrated between Dec. 8 and 31.
UPDATE: On Tuesday evening, Green Bay City Council voted to leave Fradette's nativity display up until Dec. 26, to impose a moratorium for now on any other religious displays, and to eventually draw up a set of guidelines for future displays. The Council vote was 6-6 with Mayor Schmitt breaking the tie. Schmitt on Wednesday ordered city maintenance workers to move a Christmas tree and wire reindeer next to the nativity display to secularize the display. He said Liberty Counsel advised him that his Santa Claus-and-reindeer display on City Hall's other main entrance was already sufficient to do that. Meanwhile the Freedom from Religion Foundation is talking with possible plaintiffs in order to file a lawsuit. (Green Bay Gazette, Dec. 20).
UPDATE: On Tuesday evening, Green Bay City Council voted to leave Fradette's nativity display up until Dec. 26, to impose a moratorium for now on any other religious displays, and to eventually draw up a set of guidelines for future displays. The Council vote was 6-6 with Mayor Schmitt breaking the tie. Schmitt on Wednesday ordered city maintenance workers to move a Christmas tree and wire reindeer next to the nativity display to secularize the display. He said Liberty Counsel advised him that his Santa Claus-and-reindeer display on City Hall's other main entrance was already sufficient to do that. Meanwhile the Freedom from Religion Foundation is talking with possible plaintiffs in order to file a lawsuit. (Green Bay Gazette, Dec. 20).
Sunday, April 11, 2010
Recent Prisoner Free Exercise Cases
In Abdulhaseeb v. Calbone (10th Cir., April 2, 2010), the 10th Circuit held that a Muslim prisoner adequately demonstrated the existence of a genuine issue of material fact as to whether the denial of halal food, and the denial of halal meat for an Islamic feast, substantially burdened his religious exercise. The 10th Circuit in the case for the first time for its circuit defined "substantial burden" under RLUIPA. Its definition includes requiring or imposing substantial pressure on an individual to engage in, or refrain from, conduct that violates a sincerely held religious belief.
In Nasious v. Grayson, 2010 U.S. Dist. LEXIS 30409 (D CO, March 29, 2010), a Colorado federal district court agreed with a federal magistrate (2010 U.S. Dist. LEXIS 30498, Feb. 17, 2010), that the policy of a detention facility to issue a single eating utensil, a spoon, to each inmate for the inmate to keep did not substantially burden plaintiff's religious exercise. Plaintiff claimed that his Jewish faith required that his kosher meals be eaten with disposable eating utensils.
In Goodson v. Maggi, 2010 U.S. Dist. LEXIS 30058 (WD PA, March 1, 2010), in an opinion largely focusing on other issues, a federal magistrate judge held that plaintiff, an inmate, had failed to allege how his inability to access a spiritual advisor and attend church services created a substantial burden or substantially impacted his ability to exercise a central tenet of his religion. However he was given an opportunity to amend his complaint.
In Blumenthal v. Armstrong, 2010 U.S. Dist. LEXIS 30050 (WD MI, March 29, 2010), a Michigan federal district court adopted recommendations of a magistrate (2010 U.S. Dist LEXIS 20174, Feb. 10, 2010), and upheld a prison's decision to remove an inmate from receiving a kosher diet based on his lack of adherence to Jewish religious practices and his purchasing of non-kosher items from the prison's store.
In Massenburg v. Adams, 2010 U.S. Dist. LEXIS 31226 (ED VA, March 31, 2010), a Virginia federal magistrate judge denied both defendants' motion to dismiss and plaintiff's motion for summary judgment in a damage action in which plaintiff, a member of the House of Israel, complained that he was given a job assignment that required him to work on his Sabbath.
In Pouncil v. Tilton, 2010 U.S. Dist. LEXIS 31094 (ED CA, March 31, 2010), a California federal district court held that a Muslim prisoner serving a life sentence properly stated a claim under RLUIPA in his challenge to a rule that prohibited him, in violation of his Muslim faith, from having conjugal visits with his wife.
In Barendt v. Gibbons, 2010 U.S. Dist. LEXIS 31004 (D NV, March 30, 2010), a Nevada federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 31011, Feb. 11, 2010), holding that plaintiff failed to demonstrate a substantial burden on his free exercise of religion under RLUIPA. Plaintiff who is Jewish claimed that the nightly count of inmates took place at the time of pre-Shabbat candle lighting, barring the ability to hold a group ceremony until later.
In Leonard v. Louisiana, 2010 U.S. Dist. LEXIS 31892 (WD LA, March 31, 2010), a Louisiana federal district court held that defendant's free exercise rights and his rights under RLUIPA were infringed by a prison's refusal to permit him to receive Nation of Islam's newspaper The Final Call solely because each issue contains "The Muslim Program" written by Elijah Muhammad.
In Strutton v. Meade, 2010 U.S. Dist. LEXIS 31944 (ED MO, March 31, 2010), a Missouri federal district court rejected complaints by an inmate being held indefinitely under the state's violent sexual predator law that a second Wiccan religious service each week was not permitted because there was no volunteer leader. It also rejected on pleading grounds his complaint that at one time he was not permitted to make Wiccan objects in Arts and Crafts class. Finally it rejected his claim that pressure from fellow-inmates at one AA meeting to recite the serenity prayer amounted to an Establishment Clause violation.
Mintun v. Peterson, 2010 U.S. Dist. LEXIS 31598 (D ID, March 30, 2010), involves a claim by a gay inmate that he was prevented from participating in the inmate-run choir or Christian Fellowship services because of beliefs of fellow inmates that homosexuality is a sin. An Idaho federal district court denied defendants' motion for summary judgment on plaintiff's free exercise and RLUIPA claims for lack of evidence. The court rejected plaintiff's retaliation and equal protection claims.
In Levy v. Holinka, 2010 U.S. Dist. LEXIS 31743 (WD WI, Marach 30, 2010), a Wisconsin federal district court rejected RFRA, free exercise and establishment clause claims of a Hebrew Israelite prisoner who complained that he was not permitted to wear a turban.
In Nasious v. Grayson, 2010 U.S. Dist. LEXIS 30409 (D CO, March 29, 2010), a Colorado federal district court agreed with a federal magistrate (2010 U.S. Dist. LEXIS 30498, Feb. 17, 2010), that the policy of a detention facility to issue a single eating utensil, a spoon, to each inmate for the inmate to keep did not substantially burden plaintiff's religious exercise. Plaintiff claimed that his Jewish faith required that his kosher meals be eaten with disposable eating utensils.
In Goodson v. Maggi, 2010 U.S. Dist. LEXIS 30058 (WD PA, March 1, 2010), in an opinion largely focusing on other issues, a federal magistrate judge held that plaintiff, an inmate, had failed to allege how his inability to access a spiritual advisor and attend church services created a substantial burden or substantially impacted his ability to exercise a central tenet of his religion. However he was given an opportunity to amend his complaint.
In Blumenthal v. Armstrong, 2010 U.S. Dist. LEXIS 30050 (WD MI, March 29, 2010), a Michigan federal district court adopted recommendations of a magistrate (2010 U.S. Dist LEXIS 20174, Feb. 10, 2010), and upheld a prison's decision to remove an inmate from receiving a kosher diet based on his lack of adherence to Jewish religious practices and his purchasing of non-kosher items from the prison's store.
In Massenburg v. Adams, 2010 U.S. Dist. LEXIS 31226 (ED VA, March 31, 2010), a Virginia federal magistrate judge denied both defendants' motion to dismiss and plaintiff's motion for summary judgment in a damage action in which plaintiff, a member of the House of Israel, complained that he was given a job assignment that required him to work on his Sabbath.
In Pouncil v. Tilton, 2010 U.S. Dist. LEXIS 31094 (ED CA, March 31, 2010), a California federal district court held that a Muslim prisoner serving a life sentence properly stated a claim under RLUIPA in his challenge to a rule that prohibited him, in violation of his Muslim faith, from having conjugal visits with his wife.
In Barendt v. Gibbons, 2010 U.S. Dist. LEXIS 31004 (D NV, March 30, 2010), a Nevada federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 31011, Feb. 11, 2010), holding that plaintiff failed to demonstrate a substantial burden on his free exercise of religion under RLUIPA. Plaintiff who is Jewish claimed that the nightly count of inmates took place at the time of pre-Shabbat candle lighting, barring the ability to hold a group ceremony until later.
In Leonard v. Louisiana, 2010 U.S. Dist. LEXIS 31892 (WD LA, March 31, 2010), a Louisiana federal district court held that defendant's free exercise rights and his rights under RLUIPA were infringed by a prison's refusal to permit him to receive Nation of Islam's newspaper The Final Call solely because each issue contains "The Muslim Program" written by Elijah Muhammad.
In Strutton v. Meade, 2010 U.S. Dist. LEXIS 31944 (ED MO, March 31, 2010), a Missouri federal district court rejected complaints by an inmate being held indefinitely under the state's violent sexual predator law that a second Wiccan religious service each week was not permitted because there was no volunteer leader. It also rejected on pleading grounds his complaint that at one time he was not permitted to make Wiccan objects in Arts and Crafts class. Finally it rejected his claim that pressure from fellow-inmates at one AA meeting to recite the serenity prayer amounted to an Establishment Clause violation.
Mintun v. Peterson, 2010 U.S. Dist. LEXIS 31598 (D ID, March 30, 2010), involves a claim by a gay inmate that he was prevented from participating in the inmate-run choir or Christian Fellowship services because of beliefs of fellow inmates that homosexuality is a sin. An Idaho federal district court denied defendants' motion for summary judgment on plaintiff's free exercise and RLUIPA claims for lack of evidence. The court rejected plaintiff's retaliation and equal protection claims.
In Levy v. Holinka, 2010 U.S. Dist. LEXIS 31743 (WD WI, Marach 30, 2010), a Wisconsin federal district court rejected RFRA, free exercise and establishment clause claims of a Hebrew Israelite prisoner who complained that he was not permitted to wear a turban.
Sunday, March 29, 2015
Recent Prisoner Free Exercise Cases
In Stavenjord v. Schmimdt, (AK Sup. Ct., March 20, 2015), the Alaska Supreme Court held that a trial court was incorrect in dismissing a RLUIPA claim by a Buddhist prisoner who wanted to receive a kosher diet and to purchase a prayer shawl.
In Lewis v. Godinez, 2015 U.S. Dist. LEXIS 34839 (ND IL, March 20, 2015), an Illinois federal district court allowed a Rastafarian inmate to proceed with his complaints that he was forced to cut his dreadlocks, denied access to religious literature, and that the prison refused to hire a Rastafarian religious leader or provide Rastafarian services.
In Lagar v. Tegels, 2015 U.S. Dist. LEXIS 34842 (WD WI, March 20, 2015), a Wisconsin federal district court dismissed an inmate's claim that his religious freedom was infringed when he was denied the right to wear a Rosicrucian emblem.
In Campbell v. Greeley, 2015 U.S. Dist. LEXIS 34967 (WD AR, March 20, 2015), an Arkansas federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 34980, Feb. 27, 2015) and dismissed an inmate's complaint that the detention center in which he was housed did not provide religious services.
In Browning v. Seifert, 2015 U.S. Dist. LEXIS 35079 (ND WV, March 20, 2015), a West Virginia federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 35075, Feb. 11, 2015) and allowed an Orthodox Jewish inmate to move ahead with his suit seeking various accommodations for kosher food, wearing of religious clothing, celebration of various holidays and permission to refrain from shaving and cutting his hair. Numerous other claims were dismissed.
In Hughes v. Heimgartner, 2015 U.S. Dist. LEXIS 35642 (D KS, March 23, 2015), a Kansas federal district court refused to grant summary judgment to defendants on complaints by a Muslim inmate that he was denied access to an Eid ul Fitr meal because he was in disciplinary segregation.
In Banks v. NYPD, 2015 U.S. Dist. LEXIS 35129 (WD PA, March 20, 2015), a Pennsylvania federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 35770, Feb. 26, 2015) and dismissed an inmate's claim that Defendants conspired to keep him confined in a halfway house and to require him to apply for funds through two Christian organizations because of his status as a Wiccan, Warlock and Witch.
In McDonald v. West Contra Costa Narcotics Enforcement Team, 2015 U.S. Dist. LEXIS 36125 (ND CA, March 20, 2015), a California federal district court permitted an inmate to proceed with his complaint that his request for vegetarian meals was denied. Plaintiff was an adherent of "Evenism," a "religious and spiritual worldview" that "eating the flesh of land-based animals is no different than eating human flesh."
In Bell v. Scott, 2015 U.S. Dist. LEXIS 36262 (CD IL, March 24, 2015), an Illinois federal district court permitted a Seventh Day Adventist civil detainee to proceed with his complaint that authorities have refused to allow religious leaders to bring in a portable pool to baptize him.
In Jones v. Federal Bureau of Prisons, 2015 U.S. Dist. LEXIS 37080 (WD TN, March 24, 2015), a Tennessee federal district court permitted an inmate to proceed with his claim that he was denied equal protection when he was terminated from his prison job because of his religion.
In Lewis v. Godinez, 2015 U.S. Dist. LEXIS 34839 (ND IL, March 20, 2015), an Illinois federal district court allowed a Rastafarian inmate to proceed with his complaints that he was forced to cut his dreadlocks, denied access to religious literature, and that the prison refused to hire a Rastafarian religious leader or provide Rastafarian services.
In Lagar v. Tegels, 2015 U.S. Dist. LEXIS 34842 (WD WI, March 20, 2015), a Wisconsin federal district court dismissed an inmate's claim that his religious freedom was infringed when he was denied the right to wear a Rosicrucian emblem.
In Campbell v. Greeley, 2015 U.S. Dist. LEXIS 34967 (WD AR, March 20, 2015), an Arkansas federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 34980, Feb. 27, 2015) and dismissed an inmate's complaint that the detention center in which he was housed did not provide religious services.
In Browning v. Seifert, 2015 U.S. Dist. LEXIS 35079 (ND WV, March 20, 2015), a West Virginia federal district court adopted a magistrate's recommendations (2015 U.S. Dist. LEXIS 35075, Feb. 11, 2015) and allowed an Orthodox Jewish inmate to move ahead with his suit seeking various accommodations for kosher food, wearing of religious clothing, celebration of various holidays and permission to refrain from shaving and cutting his hair. Numerous other claims were dismissed.
In Hughes v. Heimgartner, 2015 U.S. Dist. LEXIS 35642 (D KS, March 23, 2015), a Kansas federal district court refused to grant summary judgment to defendants on complaints by a Muslim inmate that he was denied access to an Eid ul Fitr meal because he was in disciplinary segregation.
In Banks v. NYPD, 2015 U.S. Dist. LEXIS 35129 (WD PA, March 20, 2015), a Pennsylvania federal district court adopted a magistrate's recommendation (2015 U.S. Dist. LEXIS 35770, Feb. 26, 2015) and dismissed an inmate's claim that Defendants conspired to keep him confined in a halfway house and to require him to apply for funds through two Christian organizations because of his status as a Wiccan, Warlock and Witch.
In McDonald v. West Contra Costa Narcotics Enforcement Team, 2015 U.S. Dist. LEXIS 36125 (ND CA, March 20, 2015), a California federal district court permitted an inmate to proceed with his complaint that his request for vegetarian meals was denied. Plaintiff was an adherent of "Evenism," a "religious and spiritual worldview" that "eating the flesh of land-based animals is no different than eating human flesh."
In Bell v. Scott, 2015 U.S. Dist. LEXIS 36262 (CD IL, March 24, 2015), an Illinois federal district court permitted a Seventh Day Adventist civil detainee to proceed with his complaint that authorities have refused to allow religious leaders to bring in a portable pool to baptize him.
In Jones v. Federal Bureau of Prisons, 2015 U.S. Dist. LEXIS 37080 (WD TN, March 24, 2015), a Tennessee federal district court permitted an inmate to proceed with his claim that he was denied equal protection when he was terminated from his prison job because of his religion.
Wednesday, June 13, 2007
Recent Prisoner Free Exercise Cases
In Sefeldeen v. Alamedia, (9th Cir., June 4, 2007), the U.S. 9th Circuit Court of Appeals held that a Muslim prisoner failed to show that his rights under either RLUIPA or the First Amendment were violated when prison authorities offered him the vegetarian meal plan instead of meals containing Halal meat.
Mobley v. Smith, 2007 U.S. Dist. LEXIS 40229 (WD MI, June 4, 2007), involved a complaint by a prisoner over the delay he experienced in receiving kosher meals after he converted to Judaism. A Michigan federal district court permitted plaintiff to continue with his free exercise claim, though it said it might dismiss it after further facts are developed. It rejected his claim that he suffered unconstitutional cruel and unusual punishment from food deprivation because he ate only fruits and vegetables in order to observe his kosher diet.
In Jeansonne v. Richland Parish Detention Center, 2007 U.S. Dist. LEXIS 40183 (WD LA, April 11, 2007), a Louisiana federal magistrate judge rejected a prisoner's free exercise claim. The prisoner had complained that officials only permitted him to practice his Wiccan religion in his residence dormitory, and not outside it, out of concern about reaction from Christian prisoners.
In Petersen v. Price, 2007 U.S. Dist. LEXIS 40499 (ND WV, June 1, 2007), a federal prisoner complained about his removal from the Bureau of Prisons kosher meal plan. A West Virginia federal Magistrate Judge recommended dismissal of claims against certain of the defendants, finding they were not sufficiently involved. He also recommended dismissal of plaintiff's RLUIPA claims, find that RLUIPA applies only to state and local governments. He found further that officials were justified in removing plaintiff from the meal plan after plaintiff purchased non-kosher food at the prison commissary. Finally he rejected plaintiff's complaint regarding non-kosher lunch bags during lock downs, and rejected plaintiff's retaliation and equal protection claims.
In Smith v. Frank, 2007 U.S. Dist. LEXIS 41243 (ED WI, June 5, 2007), a Wisconsin federal district court permitted a prisoner to proceed with his First Amendment, RLUIPA and state law claims growing out of a prison official's taking a federally protected Eagle feather from plaintiff, who is an enrolled member of a federally recognized Indian tribe.
In Thaxton v. Strode, 2007 U.S. Dist. LEXIS 41247 (WD KY, June 3, 2007), a Kentucky federal district court permitted a Jewish prisoner who was not permitted to attend Muslim worship services to proceed with a First Amendment claim. Plaintiff claims that he goes to all religious services to study God's word and to pray. Jail authorities had denied his request based on "past history of violence/hatred between [the] Muslim [and] Jewish Religion".
Mobley v. Smith, 2007 U.S. Dist. LEXIS 40229 (WD MI, June 4, 2007), involved a complaint by a prisoner over the delay he experienced in receiving kosher meals after he converted to Judaism. A Michigan federal district court permitted plaintiff to continue with his free exercise claim, though it said it might dismiss it after further facts are developed. It rejected his claim that he suffered unconstitutional cruel and unusual punishment from food deprivation because he ate only fruits and vegetables in order to observe his kosher diet.
In Jeansonne v. Richland Parish Detention Center, 2007 U.S. Dist. LEXIS 40183 (WD LA, April 11, 2007), a Louisiana federal magistrate judge rejected a prisoner's free exercise claim. The prisoner had complained that officials only permitted him to practice his Wiccan religion in his residence dormitory, and not outside it, out of concern about reaction from Christian prisoners.
In Petersen v. Price, 2007 U.S. Dist. LEXIS 40499 (ND WV, June 1, 2007), a federal prisoner complained about his removal from the Bureau of Prisons kosher meal plan. A West Virginia federal Magistrate Judge recommended dismissal of claims against certain of the defendants, finding they were not sufficiently involved. He also recommended dismissal of plaintiff's RLUIPA claims, find that RLUIPA applies only to state and local governments. He found further that officials were justified in removing plaintiff from the meal plan after plaintiff purchased non-kosher food at the prison commissary. Finally he rejected plaintiff's complaint regarding non-kosher lunch bags during lock downs, and rejected plaintiff's retaliation and equal protection claims.
In Smith v. Frank, 2007 U.S. Dist. LEXIS 41243 (ED WI, June 5, 2007), a Wisconsin federal district court permitted a prisoner to proceed with his First Amendment, RLUIPA and state law claims growing out of a prison official's taking a federally protected Eagle feather from plaintiff, who is an enrolled member of a federally recognized Indian tribe.
In Thaxton v. Strode, 2007 U.S. Dist. LEXIS 41247 (WD KY, June 3, 2007), a Kentucky federal district court permitted a Jewish prisoner who was not permitted to attend Muslim worship services to proceed with a First Amendment claim. Plaintiff claims that he goes to all religious services to study God's word and to pray. Jail authorities had denied his request based on "past history of violence/hatred between [the] Muslim [and] Jewish Religion".
Sunday, July 03, 2016
Recent Prisoner Free Exercise Cases
In Smith v. Jensen, 2016 U.S. Dist. LEXIS 82909 (WD WI, June 27, 2016), a Wisconsin federal district court rejected claims by plaintiff who was committed as a sexually violent person that his right to freely exercise his Wiccan religion were infringed by a new restrictions on computer use and on computer access to clip art.
In Townsend v. Headley, 2016 U.S. Dist. LEXIS 82947 (ND AL, June 27, 2016), an Alabama federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 83182, May 11, 2016) and dismissed without prejudice the claim by a member of the Moorish Science Temple of America that his free exercise rights were infringed when "my chartel paper I use to open up as Grand-Shiek" (along with other papers, books, magazines and photos) was destroyed as contraband.
In Hardwick v. Senato, 2016 U.S. Dist. LEXIS 83565 (D DE, June 28, 2016), a Delaware federal district court dismissed an inmate's complaint of 4 years' delay in confirming his Jewish faith, and called for plaintiff to file an a mended complaint stating more clearly his claims regarding refusal of a position because he would not work on his Sabbath, and problems receiving kosher meals.
In Bryant v. Woodall, 2016 U.S. Dist. LEXIS 83690 (MD TN, June 28, 2016), a Tennessee federal magistrate judge recommended that inmates who are members of the Odinic or Asatru faith be allowed to move ahead with their attempt to obtain approval for group worship and acquisition of various items used during worship ceremonies.
In Stile v. United States Marshals Services, 2016 U.S. Dist. LEXIS 83747 (D NH, June 27, 2016), a New Hampshire federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 83750, May 9, 2016) and allowed an inmate to move ahead with his complaint that he could not participate in weekly religious services while he was being housed the maximum security disciplinary unit.
In Amaker v. Goord, 2016 U.S. Dist. LEXIS 83976 (WD NY, June 27, 2016), a New York federal magistrate judge (in addition to ruling on a number of non-religion related issues) recommended that an inmate be allowed to proceed with his free expression, but not his RLUIPA, complaint that delivery of incoming mail including Jehovah's Witnesses' magazines was denied. The court recommended dismissal of his complaint regarding occasional denial of food to break the fast during Ramadan, and his claim that denial of call outs was in retaliation for not complying with the prison grooming policy.
In Holland v. City of New York, 2016 U.S. Dist. LEXIS 84586 (SD NY, June 24, 2016), a New York federal district court dismissed on qualified immunity grounds a Muslim inmate's complaint about a strip search because there was no clearly established rule that, during a lockdown or other exigent situation, a correction officer is prohibited from conducting a strip search and viewing the private parts of a Muslim inmate of the opposite sex,
In Brown v. Fischer, 2016 U.S. Dist. LEXIS 85105 (WD NY, June 23, 2016), a New York federal district court allowed a Rastafarian inmate to proceed with his complaint that, while in restraints after an attempt to injure himself, his dreadlocks were forcibly cut while he was told Rastafarians were not permitted in that housing unit.
In Kadonsky v. D'Ilio, 2016 U.S. Dist. LEXIS 86224 (D NJ, July 1, 2016), a New Jersey federal district court allowed an inmate to proceed with his claim that a series of incidents led to ongoing theft and denial of access to his personal religious documents.
In Mehmood v. United States Marshals Services, 2016 U.S. Dist. LEXIS 86082 (D NV, June 30, 2016), a Nevada federal district court held that petitioners had stated a colorable free exercise claim based on the lack of halal-certified meals, but dismissed without prejudice ordering each petitioner to file separately stating allegations specific to him.
In Green v. Director/Secretary, California Department of Corrections and Rehabilitation, 2016 U.S. Dist. LEXIS 86187 (SD CA, June 10, 2016), a California federal magistrate judge recommended dismissing for failure to exhaust administrative remedies a Native American inmate's complaint that his free exercise rights were infringed when his religious items were confiscated and he was denied access to a sweat lodge, and that his 8th Amendment claims be similarly dismissed.
In Townsend v. Headley, 2016 U.S. Dist. LEXIS 82947 (ND AL, June 27, 2016), an Alabama federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 83182, May 11, 2016) and dismissed without prejudice the claim by a member of the Moorish Science Temple of America that his free exercise rights were infringed when "my chartel paper I use to open up as Grand-Shiek" (along with other papers, books, magazines and photos) was destroyed as contraband.
In Hardwick v. Senato, 2016 U.S. Dist. LEXIS 83565 (D DE, June 28, 2016), a Delaware federal district court dismissed an inmate's complaint of 4 years' delay in confirming his Jewish faith, and called for plaintiff to file an a mended complaint stating more clearly his claims regarding refusal of a position because he would not work on his Sabbath, and problems receiving kosher meals.
In Bryant v. Woodall, 2016 U.S. Dist. LEXIS 83690 (MD TN, June 28, 2016), a Tennessee federal magistrate judge recommended that inmates who are members of the Odinic or Asatru faith be allowed to move ahead with their attempt to obtain approval for group worship and acquisition of various items used during worship ceremonies.
In Stile v. United States Marshals Services, 2016 U.S. Dist. LEXIS 83747 (D NH, June 27, 2016), a New Hampshire federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 83750, May 9, 2016) and allowed an inmate to move ahead with his complaint that he could not participate in weekly religious services while he was being housed the maximum security disciplinary unit.
In Amaker v. Goord, 2016 U.S. Dist. LEXIS 83976 (WD NY, June 27, 2016), a New York federal magistrate judge (in addition to ruling on a number of non-religion related issues) recommended that an inmate be allowed to proceed with his free expression, but not his RLUIPA, complaint that delivery of incoming mail including Jehovah's Witnesses' magazines was denied. The court recommended dismissal of his complaint regarding occasional denial of food to break the fast during Ramadan, and his claim that denial of call outs was in retaliation for not complying with the prison grooming policy.
In Holland v. City of New York, 2016 U.S. Dist. LEXIS 84586 (SD NY, June 24, 2016), a New York federal district court dismissed on qualified immunity grounds a Muslim inmate's complaint about a strip search because there was no clearly established rule that, during a lockdown or other exigent situation, a correction officer is prohibited from conducting a strip search and viewing the private parts of a Muslim inmate of the opposite sex,
In Brown v. Fischer, 2016 U.S. Dist. LEXIS 85105 (WD NY, June 23, 2016), a New York federal district court allowed a Rastafarian inmate to proceed with his complaint that, while in restraints after an attempt to injure himself, his dreadlocks were forcibly cut while he was told Rastafarians were not permitted in that housing unit.
In Kadonsky v. D'Ilio, 2016 U.S. Dist. LEXIS 86224 (D NJ, July 1, 2016), a New Jersey federal district court allowed an inmate to proceed with his claim that a series of incidents led to ongoing theft and denial of access to his personal religious documents.
In Mehmood v. United States Marshals Services, 2016 U.S. Dist. LEXIS 86082 (D NV, June 30, 2016), a Nevada federal district court held that petitioners had stated a colorable free exercise claim based on the lack of halal-certified meals, but dismissed without prejudice ordering each petitioner to file separately stating allegations specific to him.
In Green v. Director/Secretary, California Department of Corrections and Rehabilitation, 2016 U.S. Dist. LEXIS 86187 (SD CA, June 10, 2016), a California federal magistrate judge recommended dismissing for failure to exhaust administrative remedies a Native American inmate's complaint that his free exercise rights were infringed when his religious items were confiscated and he was denied access to a sweat lodge, and that his 8th Amendment claims be similarly dismissed.
Sunday, May 02, 2010
Recent Prisoner Free Exercise Cases
In Smith v. Goord, (2d Cir., April 27, 2010), the 2nd Circuit remanded with instructions that plaintiff should be granted leave to amend his complaint that prison staff members violated his free exercise rights when they failed to provide him with an alternative method of tuberculosis testing consistent with his religious beliefs instead of placing him in confinement.
In United States v. Lafley, 2010 U.S. Dist. LEXIS 41445 (D MT, April 28, 2010), a Montana federal district court refused to modify defendant's conditions of supervised release to permit him to possess marijuana for religious or medical purposes.
In Hartmann v. California Department of Corrections & Rehabilitation, 2010 U.S. Dist. LEXIS 41522 (ED CA, April 27, 2010), Wiccan prisoners challenged a California regulations that provided full time prison chaplains for five specified faiths, but only part-time or volunteer chaplains for others. A California federal magistrate judge
In Jotunbane v. Sedillo, 2010 U.S. Dist. LEXIS 41360 (D NM, April 20, 2010), a New Mexico federal district court held that RLUIPA does not authorize prisoner claims of any sort against state officials in their personal capacities nor does it authorize claims for monetary damages (as opposed to other kinds of relief) against individuals in their official capacities.
In Robinson v. Federal Bureau of Prisons, 2010 U.S. Dist. LEXIS 42154 (ED NY, March 24, 2010), a New York federal magistrate judge recommended that a Jewish prisoner be permitted to proceed with his claim that his free exercise rights were infringed when a corrections officer burst into prison Jewish High Holy Day services, told participants they were over, had members of the congregation handcuffed, and took plaintiff who was leading the services into the elevator and physically assaulted him. An excessive force claim was dismissed because of improper defendants being named.
In Flett v. Vail, 2010 U.S. Dist. LEXIS 40725 (ED WA, April 26, 2010), a Washington federal court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 40749, Feb. 24, 2010) allowing a Native American inmate to move ahead with his RLUIPA complaint challenging a regulation that denied him access to an eagle bone whistle used in certain religious ceremonies.
In Gjevukaj v. Lowe, 2010 U.S. Dist. LEXIS 40781 (MD PA, April 26, 2010), a Pennsylvania federal district court dismissed plaintiff's claim that he was denied Halal-compliant meals. It upheld the policy of removing inmates from the Common Fare diet when they consumed commissary items that did not comply with their religious requirements.
In Lagervall v. Garringer, 2010 U.S. Dist. LEXIS 40730 (ED WA, April 26, 2010), a federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 40733, April 9, 2010) and dismissed a Muslim inmate's RLUIPA claim that his rights were infringed when a kufi mailed to him from a supplier was rejected because he had not paid for it from his personal funds.
In Hoeft v. Allen, 2010 U.S. Dist. LEXIS 40054 (WD WI, April 23, 2010), a Wisconsin federal district court rejected free exercise and RLUIPA claims by a former inmate whose drawing of a swastika was confiscated from his cell.
In United States v. Lafley, 2010 U.S. Dist. LEXIS 41445 (D MT, April 28, 2010), a Montana federal district court refused to modify defendant's conditions of supervised release to permit him to possess marijuana for religious or medical purposes.
In Hartmann v. California Department of Corrections & Rehabilitation, 2010 U.S. Dist. LEXIS 41522 (ED CA, April 27, 2010), Wiccan prisoners challenged a California regulations that provided full time prison chaplains for five specified faiths, but only part-time or volunteer chaplains for others. A California federal magistrate judge
In Jotunbane v. Sedillo, 2010 U.S. Dist. LEXIS 41360 (D NM, April 20, 2010), a New Mexico federal district court held that RLUIPA does not authorize prisoner claims of any sort against state officials in their personal capacities nor does it authorize claims for monetary damages (as opposed to other kinds of relief) against individuals in their official capacities.
In Robinson v. Federal Bureau of Prisons, 2010 U.S. Dist. LEXIS 42154 (ED NY, March 24, 2010), a New York federal magistrate judge recommended that a Jewish prisoner be permitted to proceed with his claim that his free exercise rights were infringed when a corrections officer burst into prison Jewish High Holy Day services, told participants they were over, had members of the congregation handcuffed, and took plaintiff who was leading the services into the elevator and physically assaulted him. An excessive force claim was dismissed because of improper defendants being named.
In Flett v. Vail, 2010 U.S. Dist. LEXIS 40725 (ED WA, April 26, 2010), a Washington federal court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 40749, Feb. 24, 2010) allowing a Native American inmate to move ahead with his RLUIPA complaint challenging a regulation that denied him access to an eagle bone whistle used in certain religious ceremonies.
In Gjevukaj v. Lowe, 2010 U.S. Dist. LEXIS 40781 (MD PA, April 26, 2010), a Pennsylvania federal district court dismissed plaintiff's claim that he was denied Halal-compliant meals. It upheld the policy of removing inmates from the Common Fare diet when they consumed commissary items that did not comply with their religious requirements.
In Lagervall v. Garringer, 2010 U.S. Dist. LEXIS 40730 (ED WA, April 26, 2010), a federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 40733, April 9, 2010) and dismissed a Muslim inmate's RLUIPA claim that his rights were infringed when a kufi mailed to him from a supplier was rejected because he had not paid for it from his personal funds.
In Hoeft v. Allen, 2010 U.S. Dist. LEXIS 40054 (WD WI, April 23, 2010), a Wisconsin federal district court rejected free exercise and RLUIPA claims by a former inmate whose drawing of a swastika was confiscated from his cell.
Sunday, October 30, 2016
Recent Prisoner Free Exercise Cases
In Smith v. Lind, 2016 U.S. Dist. LEXIS 146953 (WD WI, Oct. 24, 2016), a Wisconsin federal magistrate judge allowed a Muslim inmate to move ahead with various of his claims relating to denial of adequate Ramadan meals, Eid-ul-Fitr feast foods, and a non-vegan Halal diet, as well as the prohibition on inmate-led services.
In Malone v. Duvall, 2016 U.S. Dist. LEXIS 147031 (SD IL, Oct. 24, 2016), an Illinois federal district court dismissed with leave to amend an inmate's complaint that on one occasion he was denied religious services.
In Houston v. Collerman, 2016 U.S. Dist. LEXIS 148106 (ND NY, Oct 26, 2016), a New York federal district court dismissed without prejudice a Muslim inmate's claim that his free exercise rights were infringed when, because of a false misbehavior report, he was unable to participate in Ramadan and denied his religious meals.
In Goulding v. Kaemingk, 2016 U.S. Dist. LEXIS 148020 (D SD, Oct. 25, 2016), a South Dakota federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 148327, Sept. 23, 2016), and dismissed an inmate's claim that his religious rights were infringed when authorities denied his request to hold his own non-denominational Christian worship services and Bible study on Saturdays.
In Padilla v. Kernan, 2016 U.S. Dist. LEXIS 148386 (SD CA, Oct. 24, 2016), a California federal district court dismissed for failure to pay a filing fee an inmate's complaint that he was denied kosher meals for a 15 month period.
In Wofford v. Austin, 2016 U.S. Dist. LEXIS 148907 (WD MI, Oct. 27, 2016), a Michigan federal district court dismissed a Nation of Islam inmate's complaint that he was not provided a replacement meal when his Ramadan meal was cross-contaminated by spillage from one part of the meal onto another, and that he was verbally harassed when he complained.
In Espinoza v. Irby, 2016 U.S. Dist. LEXIS 149178 (D AZ, Oct. 25, 2016), an Arizona federal district court dismissed without prejudice for failure to exhaust administrative remedies an inmate's complaint that his kosher diet was discontinued.
In Booker v. Graham, 2016 U.S. Dist. LEXIS 149332 (ND NY, Oct. 26, 2016), a New York federal magistrate judge dismissed a Nation of Islam inmate's complaint that Ramadan observance was impeded by a facility-wide lockdown and that he was denied access to weekly congregate religious services while in administrative segregation. However the court allowed plaintiff to move ahead with his claim of retaliation for filing grievances over the Ramadan lockdown.
In Raines v. Guembe, 2016 U.S. Dist. LEXIS 149978 (ED CA, Oct. 27, 2016), a California federal magistrate judge dismissed a complaint by a Wiccan inmate that there was a 6 week delay in his beginning to receive vegetarian religious meals after he requested them.
UPDATE: In Watkins v. Secretary, Florida Department of Corrections, (11th Cir., Oct. 28, 2016), the 11th Circuit in a brief per curiam opinion affirmed a trial court injunction ordering the state to furnish a kosher diet to an inmate, rejecting the state's const containment and security arguments.
In Malone v. Duvall, 2016 U.S. Dist. LEXIS 147031 (SD IL, Oct. 24, 2016), an Illinois federal district court dismissed with leave to amend an inmate's complaint that on one occasion he was denied religious services.
In Houston v. Collerman, 2016 U.S. Dist. LEXIS 148106 (ND NY, Oct 26, 2016), a New York federal district court dismissed without prejudice a Muslim inmate's claim that his free exercise rights were infringed when, because of a false misbehavior report, he was unable to participate in Ramadan and denied his religious meals.
In Goulding v. Kaemingk, 2016 U.S. Dist. LEXIS 148020 (D SD, Oct. 25, 2016), a South Dakota federal district court adopted a magistrate's recommendation (2016 U.S. Dist. LEXIS 148327, Sept. 23, 2016), and dismissed an inmate's claim that his religious rights were infringed when authorities denied his request to hold his own non-denominational Christian worship services and Bible study on Saturdays.
In Padilla v. Kernan, 2016 U.S. Dist. LEXIS 148386 (SD CA, Oct. 24, 2016), a California federal district court dismissed for failure to pay a filing fee an inmate's complaint that he was denied kosher meals for a 15 month period.
In Wofford v. Austin, 2016 U.S. Dist. LEXIS 148907 (WD MI, Oct. 27, 2016), a Michigan federal district court dismissed a Nation of Islam inmate's complaint that he was not provided a replacement meal when his Ramadan meal was cross-contaminated by spillage from one part of the meal onto another, and that he was verbally harassed when he complained.
In Espinoza v. Irby, 2016 U.S. Dist. LEXIS 149178 (D AZ, Oct. 25, 2016), an Arizona federal district court dismissed without prejudice for failure to exhaust administrative remedies an inmate's complaint that his kosher diet was discontinued.
In Booker v. Graham, 2016 U.S. Dist. LEXIS 149332 (ND NY, Oct. 26, 2016), a New York federal magistrate judge dismissed a Nation of Islam inmate's complaint that Ramadan observance was impeded by a facility-wide lockdown and that he was denied access to weekly congregate religious services while in administrative segregation. However the court allowed plaintiff to move ahead with his claim of retaliation for filing grievances over the Ramadan lockdown.
In Raines v. Guembe, 2016 U.S. Dist. LEXIS 149978 (ED CA, Oct. 27, 2016), a California federal magistrate judge dismissed a complaint by a Wiccan inmate that there was a 6 week delay in his beginning to receive vegetarian religious meals after he requested them.
UPDATE: In Watkins v. Secretary, Florida Department of Corrections, (11th Cir., Oct. 28, 2016), the 11th Circuit in a brief per curiam opinion affirmed a trial court injunction ordering the state to furnish a kosher diet to an inmate, rejecting the state's const containment and security arguments.
Sunday, September 27, 2015
Recent Prisoner Free Exercise Cases
In Thomas v. Morris, 2015 U.S. Dist. LEXIS 125911 (ED WI, Sept. 21, 2015), a Wisconsin federal district court allowed an inmate to move ahead with his complaint that certain jail officials refused to honor his food requests relating to Passover 2015.
In Thomas v. Lawler, 2015 U.S. Dist. LEXIS 126135 (MD PA Sept. 22, 2015), a Pennsylvania federal district court dismissed a Muslim inmate's complaints that the multi-faith chapel contains offensive religious iconography; he is unable to pray shoulder to shoulder with other Muslims due to inadequate space; he is unable clean himself prior to religious services; and the chapel's location up 4 flights of steps often means he cannot attend prayer services because his health prevents his climbing stairs,
In Gee v. Sabol, 2015 U.S. Dist. LEXIS 126872 (MD PA, Sept 22, 2015), a Pennsylvania federal district court rejected an inmate's complaint that he was denied kosher meals, finding he had not established that he has a sincere religious belief in Judaism.
In Denegal v. Brazelton, 2015 U.S. Dist. LEXIS 126982 (ED CA, Sept. 22, 2015), a California federal magistrate judge recommended that an inmate be allowed to move ahead against one of the defendants on his complaint that he was denied his right to a name change for religious reasons.
In Karafili v. Cruzen, 2015 U.S. Dist. LEXIS 127094 (ND CA, Sept. 22, 2015), a California federal district court permitted a Muslim inmate to move ahead with his complaint that Muslim group prayer was disrupted one day even though Muslim inmates had received permission to pray in groups of up to 15.
In Bouman v. Broome, 2015 U.S. Dist. LEXIS 127555 (SD MS, Sept. 23, 2015), a Mississippi federal district court adopted a magistrate's recommendations and dismissed a Jewish inmate's complaint seeking $9 million in damages for violation of his free exercise rights when he was disciplined for taking his Passover meal out of the dining area into his cell.
In Stinski v. Chatman, 2015 U.S. Dist. LEXIS 128061 (MD GA, Sept. 24, 2015), a Georgia federal district court, adopting in part a magistrate's recommendations, allowed a Wiccan inmate to move forward against various defendants with complaints involving denial of religious items and observances, and complaints as to forced shaving and haircut.
In Begnoche v. DeRose, 2015 U.S. Dist. LEXIS 128633 (MD PA, Sept. 24, 2015), a Pennsylvania federal district court dismissed complaints by a Native American inmate regarding availability of a Native American spiritual adviser and celebration of the Green Corn Feast.
In Webb v. Broyles, 2015 U.S. Dist. LEXIS 128784 (WD VA, Sept. 24, 2015), a Virginia federal magistrate judge recommended dismissing an inmate's complaint that he was wrongly removed from the Common Fare diet.
In Thomas v. Lawler, 2015 U.S. Dist. LEXIS 126135 (MD PA Sept. 22, 2015), a Pennsylvania federal district court dismissed a Muslim inmate's complaints that the multi-faith chapel contains offensive religious iconography; he is unable to pray shoulder to shoulder with other Muslims due to inadequate space; he is unable clean himself prior to religious services; and the chapel's location up 4 flights of steps often means he cannot attend prayer services because his health prevents his climbing stairs,
In Gee v. Sabol, 2015 U.S. Dist. LEXIS 126872 (MD PA, Sept 22, 2015), a Pennsylvania federal district court rejected an inmate's complaint that he was denied kosher meals, finding he had not established that he has a sincere religious belief in Judaism.
In Denegal v. Brazelton, 2015 U.S. Dist. LEXIS 126982 (ED CA, Sept. 22, 2015), a California federal magistrate judge recommended that an inmate be allowed to move ahead against one of the defendants on his complaint that he was denied his right to a name change for religious reasons.
In Karafili v. Cruzen, 2015 U.S. Dist. LEXIS 127094 (ND CA, Sept. 22, 2015), a California federal district court permitted a Muslim inmate to move ahead with his complaint that Muslim group prayer was disrupted one day even though Muslim inmates had received permission to pray in groups of up to 15.
In Bouman v. Broome, 2015 U.S. Dist. LEXIS 127555 (SD MS, Sept. 23, 2015), a Mississippi federal district court adopted a magistrate's recommendations and dismissed a Jewish inmate's complaint seeking $9 million in damages for violation of his free exercise rights when he was disciplined for taking his Passover meal out of the dining area into his cell.
In Stinski v. Chatman, 2015 U.S. Dist. LEXIS 128061 (MD GA, Sept. 24, 2015), a Georgia federal district court, adopting in part a magistrate's recommendations, allowed a Wiccan inmate to move forward against various defendants with complaints involving denial of religious items and observances, and complaints as to forced shaving and haircut.
In Begnoche v. DeRose, 2015 U.S. Dist. LEXIS 128633 (MD PA, Sept. 24, 2015), a Pennsylvania federal district court dismissed complaints by a Native American inmate regarding availability of a Native American spiritual adviser and celebration of the Green Corn Feast.
In Webb v. Broyles, 2015 U.S. Dist. LEXIS 128784 (WD VA, Sept. 24, 2015), a Virginia federal magistrate judge recommended dismissing an inmate's complaint that he was wrongly removed from the Common Fare diet.
Monday, February 23, 2009
Recent Prisoner Free Exercise Cases
In Allen v. Hense, 2009 U.S. Dist. LEXIS 11363 (ED CA, Feb. 3, 2009), a California federal magistrate judge concluded that a Muslim inmate had not shown a substantial burden on free exercise in alleging that he was served two meals that did not meet his religious dietary requirements and was met with racial and religious comments when he complained.
In Ashanti v. Tilton, 2009 U.S. Dist. LEXIS 11899 (ED CA, Feb. 18, 2009), a California federal magistrate judge recommended that a preliminary injunction issue requiring a Muslim prisoner to be served a kosher diet to satisfy his religious needs until a proposed Halal meat diet plan is implemented by the prison system. However the magistrate judge recommended denying relief on plaintiff's claim that separate worship space for Muslims should be provided.
In State ex rel. Myers v. Smith, (WI Ct. App., Feb. 18, 2009), a Wisconsin court of appeals affirmed a trial court's dismissal of a prisoner's complaint because it was directed at the wrong individual. In the case, a Wiccan prisoner was attempting to obtain access to a book he argued was needed for spiritual purposes, but which prison authorities claimed was pornographic. The court also agreed that his suit was frivolous and that he could not circumvent regulations by attempting to obtain the book through discovery to prepare his case.
In Ashanti v. Tilton, 2009 U.S. Dist. LEXIS 11899 (ED CA, Feb. 18, 2009), a California federal magistrate judge recommended that a preliminary injunction issue requiring a Muslim prisoner to be served a kosher diet to satisfy his religious needs until a proposed Halal meat diet plan is implemented by the prison system. However the magistrate judge recommended denying relief on plaintiff's claim that separate worship space for Muslims should be provided.
In State ex rel. Myers v. Smith, (WI Ct. App., Feb. 18, 2009), a Wisconsin court of appeals affirmed a trial court's dismissal of a prisoner's complaint because it was directed at the wrong individual. In the case, a Wiccan prisoner was attempting to obtain access to a book he argued was needed for spiritual purposes, but which prison authorities claimed was pornographic. The court also agreed that his suit was frivolous and that he could not circumvent regulations by attempting to obtain the book through discovery to prepare his case.
Friday, October 12, 2018
Recent Prisoner Free Exercise Cases
In Jasmaine v. Futrelle, 2018 U.S. Dist. LEXIS 164821 (ED NC, Sept. 26, 2018), a North Carolina federal district court dismissed a complaint by a Wiccan inmate that group worship was not provided because of too few adherents to satisfy the minimum requirement for providing it.
In Jenkins v. Sinclair, 2018 U.S. Dist. LEXIS 164485 (WD WA, Sept. 25, 2018), a Washington federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 165580, Sept. 4, 2018) and dismissed a Muslim inmate's complaint that he can no longer obtain prayer oil from his preferred outside vendor and is denied access to donated prayer oil unless he attends services of Muslim sects with which he disagrees.
In Newsome v. Fairley, 2018 U.S. Dist. LEXIS 165994 (SD MS, Sept. 27, 2018), a Mississippi federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 166587, Aug. 3, 2018) and refused to issue a TRO or preliminary injunction in a suit by an inmate practicing the Natsarim faith seeking to obtain immersion baptism, a kosher diet and religious counseling.
In Hatcher v. Rubenstein, 2018 U.S. Dist. LEXIS 166045 (SD WV, Sept. 27, 2018), a West Virginia federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 168091, Aug. 8, 2018) and dismissed a Muslim inmate's complaints regarding lack of Halal meat and his inability to wear his kufi throughout the prison.
In Jones v. Galske, 2018 U.S. Dist. LEXIS 166331 (ED WI, Sept. 27, 2018), a Wisconsin federal magistrate judge dismissed an inmate's claim that her 1st Amendment rights were infringed when she was not released into the dayroom to watch televised bible study.
In Mann v. Spatney, 2018 U.S. Dist. LEXIS 166847 (ND OH, Sept. 27, 2018), an Ohio federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 166570, July 31, 2018) and dismissed claims by a Native American inmate that there are no Native American materials in the chapel library and complaints about access to sacred herbs, sweat lodge, spiritual advisor, smudging and observance of holy days.
In Gawlik v. Semple, 2018 Conn. Super. LEXIS 2305 (CT Super. Ct., Aug. 31, 2018), a Connecticut state trial court, after a bench trial, ruled against plaintiff who complained about policies that prevented him from receiving various books, newspapers, blank cards and envelopes, decorated cards and artwork. Plaintiff, who was serving a 60 year sentence for murder, was studying in the hopes of becoming a Catholic priest.
In Richardson v. Welch, 2018 U.S. Dist. LEXIS 167224 (WD VA, Sept. 28, 2018), a Virginia federal district court dismissed a complaint by a Nation of Islam adherent that prison authorities refuse to recognize the NOI practice of observing Ramadan in December, instead of on the lunar cycle recognized by other Muslims.
In Jenkins v. Sinclair, 2018 U.S. Dist. LEXIS 164485 (WD WA, Sept. 25, 2018), a Washington federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 165580, Sept. 4, 2018) and dismissed a Muslim inmate's complaint that he can no longer obtain prayer oil from his preferred outside vendor and is denied access to donated prayer oil unless he attends services of Muslim sects with which he disagrees.
In Newsome v. Fairley, 2018 U.S. Dist. LEXIS 165994 (SD MS, Sept. 27, 2018), a Mississippi federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 166587, Aug. 3, 2018) and refused to issue a TRO or preliminary injunction in a suit by an inmate practicing the Natsarim faith seeking to obtain immersion baptism, a kosher diet and religious counseling.
In Hatcher v. Rubenstein, 2018 U.S. Dist. LEXIS 166045 (SD WV, Sept. 27, 2018), a West Virginia federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 168091, Aug. 8, 2018) and dismissed a Muslim inmate's complaints regarding lack of Halal meat and his inability to wear his kufi throughout the prison.
In Jones v. Galske, 2018 U.S. Dist. LEXIS 166331 (ED WI, Sept. 27, 2018), a Wisconsin federal magistrate judge dismissed an inmate's claim that her 1st Amendment rights were infringed when she was not released into the dayroom to watch televised bible study.
In Mann v. Spatney, 2018 U.S. Dist. LEXIS 166847 (ND OH, Sept. 27, 2018), an Ohio federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 166570, July 31, 2018) and dismissed claims by a Native American inmate that there are no Native American materials in the chapel library and complaints about access to sacred herbs, sweat lodge, spiritual advisor, smudging and observance of holy days.
In Gawlik v. Semple, 2018 Conn. Super. LEXIS 2305 (CT Super. Ct., Aug. 31, 2018), a Connecticut state trial court, after a bench trial, ruled against plaintiff who complained about policies that prevented him from receiving various books, newspapers, blank cards and envelopes, decorated cards and artwork. Plaintiff, who was serving a 60 year sentence for murder, was studying in the hopes of becoming a Catholic priest.
In Richardson v. Welch, 2018 U.S. Dist. LEXIS 167224 (WD VA, Sept. 28, 2018), a Virginia federal district court dismissed a complaint by a Nation of Islam adherent that prison authorities refuse to recognize the NOI practice of observing Ramadan in December, instead of on the lunar cycle recognized by other Muslims.
Sunday, December 07, 2014
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.
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.
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