Sunday, May 06, 2012

Recent Prisoner Free Exercise Cases

In Eubanks v. Lempke, (2d Cir., May 1, 2012), the 2nd Circuit rejected an inmate's claim that his conviction was invalid because the verdict against him was read on a Friday when he was absent from the courtroom for religious reasons. As defendant, he had never requested an adjournment or accommodation.

In Williams v. King, 2012 U.S. Dist. LEXIS 60847 (SD NY, April 24, 2012), a New York federal district court refused to permit an inmate to add the former prison superintendent as a defendant in his complaint that his request to change the Shiite Muslim staff adviser was denied, but permitted him to proceed against other defendants on his claim of retaliation for filing a religious grievance.

In Watkins v. Haynes, 2012 U.S. Dist. LEXIS 61729 (SD GA, May 2, 2012), a Georgia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 61726) and dismissed official capacity claims, but permitted plaintiff to proceed with individual capacity claims against officials at his former prison that he was denied meals that were consistent with his Rastafarian beliefs.

In Hargrove v. Johnson, 2012 U.S. Dist. LEXIS 61279 (MD GA, May 2, 2012), a Georgia federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 61281, March 30, 2012) and permitted an inmate to proceed against certain defendants on his complaint that Muslims were not allowed to congregate religiously in the dorms.

In Hall v. Martin, 2012 U.S. Dist. LEXIS 60405 (WD MI, May 1, 2012), a Michigan federal district court adopted a magistrate's recommendations (2012 U.S. Dist. LEXIS 61697, March 15, 2012), and rejected an inmate's complaint that no separate religious services were provided for Messianic Jews.

In Dominguez v. Department of Mental Health, 2012 U.S. Dist. LEXIS 62305 (ED CA, May 3, 2012), a California federal magistrate judge recommended dismissing the Department of Mental Health as a defendant in a suit by a Native American inmate that his right to practice his religion had been violated.