Sunday, April 09, 2017

Recent Prisoner Free Exercise Cases

In Matzke v. Heyns, 2017 U.S. Dist. LEXIS 44880 (WD MI, March 28, 2017), a Michigan federal district court adopted in part a magistrate's recommendation and held that authorities are entitled to qualified immunity as to claims by a Wiccan inmate for additional group meetings to celebrate the thirteen lunar Esbats.

In Reed v. Bryant, 2017 U.S. Dist. LEXIS 45013  (WD OK, March 28, 2017), an Oklahoma federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 45715, Feb. 6, 2017), and dismissed an inmate's complaint that he was not provided his religious Kosher diet on one occasion and was removed from the Kosher diet for a violation of rules.

In Fernandez-Torres v. Watts, 2017 U.S. Dist. LEXIS 46841 (SD GA, March 29, 2017), a Georgia federal district court supplemented and adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 48167, Jan. 30, 2017) and dismissed an inmate's complaint that he was not permitted to obtain Santeria bead necklaces from outside sources rather than through the prison's approved vendor catalog.

In Munt v. Minnesota Department of Corrections, 2017 U.S. Dist. LEXIS 47991 (D MN, March 29, 2017), a Minnesota federal district court, adopting in part a magistrate's recommendation (2017 U.S. Dist. LEXIS 48082, Jan. 27, 2017), denied preliminary relief to a Christian inmate who objected on religious grounds to rules that prevent him from hanging a privacy sheet in his cell.

In Sterling v. Sellers, 2017 U.S. Dist. LEXIS 48700 (MD GA, March 31, 2017), a Georgia federal district court, rejecting parts of a magistrate's recommendations (2017 U.S. Dist. LEXIS 49095, Feb. 28, 2017), allowed a Muslim inmate to proceed with various claims as to denial of congregational prayer, inability to celebrate the Eid, and retaliation.

In Horacek v. Heyns, 2017 U.S. Dist. LEXIS 48778 (WD MI, March 31, 2017), a Michigan federal district court adopted a magistrate's recommendations and allowed a Jewish inmate to move ahead with his claim that his religious beliefs require that he eat meat or fish on Saturdays and holy days.  In deciding this, the court held that RLUIPA applies even though the prison's food service program did not separately receive federal financial assistance; it is enough that the Department of Corrections does.