Monday, July 07, 2008

Recent Prisoner Free Exercise Cases

In Tyson v. Guisto, 2008 U.S. Dist. LEXIS 49528 (D OR, June 27, 2008), an Oregon federal district court rejected claims by two Muslim prisoners that their rights under the First Amendment and RLUIPA were violated when authorities temporarily held Jum'ah prayers on Sunday instead of Friday, did not hire an Imam, and allowed non-Muslims to prepare Halal meals.

In Campbell v. Cornell Corrections of Rhode Island, Inc., 2008 U.S. Dist. LEXIS 49191 (D RI, June 27, 2008), a Rastafarian prisoner sued because he was denied a vegetarian diet as required by his religious beliefs. The court held that at this stage of the litigation, there is such a lack of evidence on plaintiff's First Amendment claim that neither party is entitled to judgment as a matter of law. The court rejected plaintiff's Eighth Amendment claim.

In Ransom v. Johnson, 2008 U.S. Dist. LEXIS 49378 (ED CA, June 18, 2008), a California federal magistrate judge recommended that a Muslim prisoner's motion for summary judgment be denied on his First Amendment claim that he was not permitted to attend communal prayer while in "C-status"-- designed to limit the movements inmates who were unwilling to comply with prison rules.

In Contreraz v. Adams, 2008 U.S. Dist. LEXIS 49150 (ED CA, June 11, 2008), a California federal magistrate judge dismissed, with leave to amend, a complaint filed by a Native American prisoner who was a member of the "Olin Pyramid" religion. Plaintiff claimed he had been denied religious dietary modifications and an exemption from the grooming standards. However his 323-page complaint violated pleading rules and failed to link any specific defendant with a specific constitutional violation.