Sunday, June 03, 2012

Recent Prisoner Free Exercise Cases

In Ekene v. Cash, 2012 U.S. Dist. LEXIS 74786 (CD CA, May 30, 2012), a California federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 155244, Sept. 13, 2011)  and dismissed, with leave to amend, an inmate's complaint that a correctional officer confiscated his Bible when he was placed on management cell status, thereby depriving him of the opportunity to do his daily devotions.

In Morris v. Yates, 2012 U.S. Dist. LEXIS 74896 (ED CA, May 30, 2012), a California federal magistrate judge, in recommending a denial of an inmate's habeas corpus petition, concluded that petitioner had not shown that he was prejudiced at trial by the prosecutor wearing a small cross as a necklace.

In Cullen v. Illinois Department of Human Services, 2012 U.S. Dist. LEXIS 75483 (CD IL, May 31, 2012), an Illinois federal district court dismissed, with leave to file an amended complaint, a lawsuit by a former inmate challenging the Illinois correctional system's endorsement, funding, and implementation of a 12-step program based on Alcoholics Anonymous' religious model.

In Johnson v. Randle, 2012 U.S. Dist. LEXIS 75080 (SD IL, May 31, 2012), a Buddhist inmate, on a Locto-Ovo-Vegetarian diet for religious reasons, was permitted to move ahead with his free exercise and RLUIPA claims for injunctive relief.  Plaintiff claims that his religious exercise is burdened by a prison rule that requires those on special diets to to to the back of the chow line and receive their meals last. This gives him inadequate time to eat, thus, he alleges, pressuring him to  abandon his religious beliefs.

In Kruger v. Kaemingk, 2012 U.S. Dist. LEXIS 75640 (D SD, May 30, 2012), a South Dakota federal district court permitted an inmate to move ahead with his complaint that prison officials have refused his requests for a place and time to conduct Messianic Jewish worship services.