Sunday, April 12, 2015

Recent Prisoner Free Exercise Cases

In Wilkinson v. Geo Group, Inc., (11th Cir., April 7, 2015), the 11th Circuit affirmed the dismissal of a Santeria inmate's complaint that during a cell search a Santeria artifact was confiscated and a shrine destroyed. Authorities had offered to reimburse him for the shrine.

In Giorgio v. Jackson, 2015 U.S. Dist. LEXIS 44243 (D MA, April 1, 2015), a Massachusetts federal district court allowed Native American inmates to proceed with their complaint that they were denied access to smudging materials and ceremonies.  Claims regarding denial of feathers, off-site pow-wows and purification lodge ceremonies were dismissed.

In Mitchell v. Mississippi Department of Corrections, 2015 U.S. Dist. LEXIS 43600 (ND MI, April 2. 2015), a Mississippi federal district court dismissed a Muslim inmate's complaint that Friday Jumu'ah services were cancelled for a number of months in one prison unit for security reasons.

In Varsanyi v. Piazza, 2015 U.S. Dist. LEXIS 46473, (MD PA. April 9, 2015), a Pennsylvania federal district court dismissed a complaint by a now-released Jewish inmate that the correctional facility's kosher diet did not meet Orthodox Jewish standards, that he was denied visits by an Orthodox Jewish rabbi and denied religious materials.

In Tamayo v. Fisher, 2015 U.S. Dist. LEXIS 46694 (ED CA, April 9, 2015), a California federal magistrate judge recommended that a Muslim inmate be allowed to proceed with his free exercise and RLUIPA complaint that his request to be placed on the list for Ramadan meals was ignored.

In Porter v. Biter, 2015 U.S. Dist. LEXIS 46725 (ED CA, April 9, 2015), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that he was denied permission to legally change his name to one consistent with his Islamic faith.