Thursday, September 17, 2015

Recent Prisoner Free Exercise Cases

In Ladner v. Hull, 2015 U.S. Dist. LEXIS 118269 (ED VA, Sept. 3, 2015), a Virginia federal district court dismissed a Born-Again Christian inmate's complaint that there were not church services or Bible study sessions available to him. It found that a faith representative was available, and that plaintiff could file requests for other religious needs.

In Cooper v. Sowers, 2015 U.S. Dist. LEXIS 118181 (D MD, Sept. 4, 2015), a Maryland federal district court dismissed a Catholic inmate's complaint that he was not provided a meatless diet on Ash Wednesday and on Fridays during Lent. Prison policy provides no special meal adjustments for those days and leaves it up to each inmate to decide what food to abstain from.

In Mootry v. Flores, 2015 U.S. Dist. LEXIS 118632 (ED CA, Sept. 4, 2015), a California federal magistrate judge recommended dismissing a Muslim inmate's complaint that he was denied Jumu'ah prayer services because of a policy barring inmate ministers from leading inmate religious services without a supervising chaplain or volunteer.

In Sherman v. Jess, 2015 U.S. Dist. LEXIS 119282 (ED WI, Sept. 8, 2015), a Wisconsin federal district court dismissed a complaint by a Pagan Wiccan inmate that he did not get his religious text, Book of Shadows, while in temporary lockup.

In Mitchell v. Cate, 2015 U.S. Dist. LEXIS 120059 (ED CA, Sept. 8, 2015), a California federal magistrate judge recommended dismissing a Christian inmate's complaint that he was not allowed to participate in religious activities or speak to a religious adviser during the time he was subject to a restricted modified program.

In Applegate v. Kokor, 2015 U.S. Dist. LEXIS 120107 (ED CA, Sept. 8, 2015), a California federal magistrate judge dismissed with leave to amend a 252-page complaint alleging "various religious claims against eight Defendants," saying "it is neither time-efficient nor fair to other litigants for the Court to hunt through Plaintiff's Complaint for camouflaged cognizable claims."

In Robinson v. Cate, 2015 U.S. Dist. LEXIS 120870 (ED CA, Sept. 9, 2015), a California federal magistrate judge recommended that a Muslim inmate be permitted to move ahead with free exercise and equal protection claims for injunctive relief on his complaint that the Religious Meat Alternate Program fails to provide a fully Halal diet that is comparable to the fully Kosher diet provided to Jewish inmates.

In Moon v. Unterreiner, 2015 U.S. Dist. LEXIS 121171 (ED MO, Sept. 11, 2015), a Missouri federal district court dismissed on various procedural grounds a suit by an inmate held under home confinement with electronic monitoring who claimed that his free exercise rights are infringed by requiring him to state the times he is going to and leaving his mosque for prayer.