Sunday, June 12, 2011

Recent Prisoner Free Exercise Cases

In Williams v. Book, 2011 U.S. Dist. LEXIS 59338 (ED CA, June 1, 2011), a California federal magistrate judge dismissed on qualified immunity and mootness grounds a claim by a Muslim inmate that he was entitled to a halal or kosher meat diet, not merely a religious vegetarian diet.

In Brown v. Department of Correctional Services, 2011 U.S. Dist. LEXIS 59633 (WD NY, June 2, 2011), a New York federal magistrate judge refused to permit an inmate to amend his complaint to allege discrimination based on the fact that he is an African-American Jew with a disability.

In Garner v. Livingston, 2011 U.S. Dist. LEXIS 59546 (SD TX, May 19, 2011), a Texas federal district court issued a declaratory judgment finding the Texas prison grooming policy a violation of RLUIPA insofar as it prevents a Muslim inmate from wearing a quarter-inch beard. However the court upheld the prison's policy requiring plaintiff to remove his Kufi and make it available for inspection when going to and from religious services.

In Durbin v. Cain, 2011 U.S. Dist. LEXIS 59853 (MD LA, June 3, 2011), a Louisiana federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 59895, May 9, 2011), and permitted an inmate to move ahead with claims that he has been denied the right to congregate with members of his Jewish faith and to attend Jewish services at the main prison complex, and that prison officials refuse to recognize Jewish holy days.

In O'Neal v. Bailey, 2011 U.S. Dist. LEXIS 60331 (CD CA, June 2, 2011), a California federal magistrate judge dismissed with leave to amend a Christian inmate's complaint regarding three occasions on which deputies refused to notify the prison kitchen regarding problems with the vegan meals he was supposed to receive.

In Thomas v. Croft, 2011 U.S. Dist. LEXIS 60628 (SD OH, June 7, 2011), an Ohio federal magistrate judge rejected claims by a Seventh Day Adventist inmate regarding the refusal by prison authorities to relieve the inmate of a work assignment on one Friday evening.

In Williams v. Wong, 2011 U.S. Dist. LEXIS 60786 (ED CA, June 6, 2011), a California federal magistrate judge denied a habeas corpus petition, rejecting an inmate's claim that the parole board required him to participate in a faith-based 12-step program.