Sunday, December 18, 2011

Recent Prisoner Free Exercise Cases

In White v. Swartz, 2011 U.S. Dist. LEXIS 141927 (D ME, Dec. 6, 2011), a Maine federal magistrate judge rejected an inmate's complaint that his rights under RLUIPA were violated by the sex offender program that involved holding victims up to a "healing light". His complaint that he could not bring his Bible to morning meditations was also dismissed.

In Luzano v. Yates, 2011 U.S. Dist. LEXIS 142650 (ED CA, Dec. 12, 2011), a California federal magistrate judge dismissed, with leave to amend, a Native American inmate's claim that his free exercise and equal protection rights were violated when he was denid access to a sweat lodge.

In Bogard v. Perkins, 2011 U.S. Dist. LEXIS 142801 (ND MI, Dec. 12, 2011), a Mississippi federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 142803, Nov. 1, 2011) and permitted an inmate who was a member of the Nazarite Religious (Hebrew Israelite) Faith to proceed with a free exercise challenge that the state's grooming standards that prevented him from wearing dreadlocks. It also permitted him to proceed with a retaliation claim.

In Johannes v. County of Los Angeles, 2011 U.S. Dist. LEXIS 142530 (CD CA, Dec. 5, 2011), a California federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 142528, April 8, 2011), and rejected the claim of an inmate who was civilly detained at tle Los Angeles County jail under the Sexually Violent Predator Act that SVPA detainees were not provided access to religious services.

In Lindensmith v. Jerome, 2011 U.S. Dist. LEXIS 143511 (ED MI, Dec. 14, 2011), a Michigan federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 143905, Oct. 25, 2011) and dismissed an inmate's complaint for money damages growing out of the initial refusal to deliver to him four books relating to his Thelema religion. After administrative hearings, he received one of the books and was reimbursed $114 for three of the books that were lost. Plaintiff then sued seeking over $43 million in punitive damages.

In Derrick v. Martin, 2011 U.S. Dist. LEXIS 143608 (ED MI, Dec. 14, 2011), a Michigan federal district court upheld a Department of Corrections policy that restricted the Kosher diet program to prisoners whose sincerity was demonstrated by their passing a test showing a basic knowledge of the Jewish religion and the requirements of keeping kosher.

In Buckley v. Alameida, 2011 U.S. Dist. LEXIS 143845 (ED CA, Dec. 14, 2011), a California federal magistrate judge recommended dismissing a complaint by a Black Orthodox Jewish inmate that his kosher food package was confiscated by officials because it exceeded size and weight limits permitted for inmates to possess.

In Flanagin v. Gurbino, 2011 U.S. Dist. LEXIS 143868 (ED CA, Dec. 13, 2011), a California federal magistrate judge recommended dismissing an inmate's challenge to prison policy that denied kosher meals to non-Jewish inmates.