Sunday, October 31, 2010

Recent Prisoner Free Excercise Cases

In Lockamy v. Dunbar, (5th Cir., Oct. 29, 2010), the 5th Circuit Court of Appeals rejected an inmate's claim that his rights under RLUIPA were violated by officials' classification of pages he tore out of a religious magazine as contraband and their refusal to mail them out for him.

In Shepherd v. Wenderlich2010 U.S. Dist. LEXIS 114269, (ND NY, Oct. 26, 2010), a New York federal district court applying the fee award limitations in the Prison Litigation Reform Act awarded attorneys' fees of $1.50 in a case in which an inmate recieved only nominal damages for a violation of his free exercise rights.

In Williams v. Mathena, 2010 U.S. Dist.LEXIS 113273 (WD VA, Oct. 25, 2010), a Virginia federal district court held that an inmate failed to show that prison officials knowingly placed a substantial burden on his free exercise of religion by taking several weeks to adjudicate his religious food request.