Sunday, April 22, 2012

Recent Prisoner Free Exercise Cases

In Foster v. Zamora, 2012 U.S. Dist. LEXIS 52588 (ED CA, April 13, 2012), a California federal magistrate judge dismissed an inmate's complaint that despite winning administrative appeals, his attempt to use natural herbal and holistic remedies and medicines as part of his religious beliefs has not been honored.

In Mickens v. Lindley, 2012 U.S. Dist. LEXIS 52267 (WD PA, April 13, 2012), a Pennsylvania federal district court adopted a magistrate's recommendations (Mickens v. SCI Greene C.E.R.T. Team Supervisor, 2012 U.S. Dist. LEXIS 52265, March 19, 2012) and dismissed federal and state claims against various defendants by a former inmate who complained that his Qur'an was damaged during a search of his cell.

In Jenner v. Sokol, 2012 U.S. Dist. LEXIS 53513 (D CO, April 17, 2012), a Colorado federal district court adopted in part a magistrate's recommendations (2012 U.S. Dist. LEXIS 53514, Jan. 4, 2012) and dismissed an Jewish inmate's complaint that authorities permitted insincere practitioners of Judaism to participate in Passover services. The court permitted plaintiff to move ahead with claims that the was prevented entirely from conducting religious services and prevented from purchasing religious food and items for observance of various Jewish holidays.

In Wilson v. Depolo, 2012 U.S. Dist. LEXIS 54988 (ND NY, April 19, 2012), a New York federal district court adopted a magistrate's recommendations (Wilson v. Woodbourne Correctional Facility, 2012 U.S. Dist. LEXIS 54989, March 21, 2012) and dismissed an inmate's 1st Amendment and RLUIPA claims that a corrections officer who does not like Muslims delayed one of his Ramadan meals for 1 1/2 hours.