Sunday, May 07, 2017

Recent Prisoner Free Exercise Cases

In Myrick v. Torres, 2017 Pa. Commw. Unpub. LEXIS 310 (Commonwealth Ct. PA, May 1, 2017), a Pennsylvania appeals court affirmed the dismissal with leave to amend by the trial court of an inmate's complaint that the number of choir practices for Seventh Day Adventist were reduced and that the Chaplain Program Director favored Latin music and services and replaced Christian ushers with Latin ushers.

In Chichakli v. Cheatham, 2017 U.S. Dist. LEXIS 66746 (SD FL, May 1, 2017), a Florida federal district court allowed an inmate to move ahead with his 1st Amendment (but not his RLUIPA) claim growing out of alleged denial of access to his prayer book, Bible, and Tefillin.

In Mitchell v. Robicheaux, 2017 U.S. Dist. LEXIS 66826 (ED CA, May 1, 2017), a California federal magistrate judge recommended revoking plaintiff's in forma pauperis status under the "3 strikes" provision in a suit alleging failure to provide plaintiff meals consistent with the religion of Islam.

In Vaughn v. Wegman, 2017 U.S. Dist. LEXIS 66839 (ED CA, May 1, 2017), a California federal magistrate judge recommended that an inmate be allowed to move ahead with his complaint that he was denied kosher meals and access to Jewish religious services.

In Sessing v. Sherman, 2017 U.S. Dist. LEXIS 67626 (ED CA, May 3, 2017), a California federal district court terminated an inmate's suit which challenged a now-discontinued policy that prohibited the construction of new worship grounds at his Substance Abuse Treatment Facility, preventing him from exercising his outdoor, fire-centric Odinist religion.

In Gordon v. Sniff, 2017 U.S. Dist. LEXIS 67753 (CD CA, May 2, 2017), a California federal district court adopted a magistrate's recommendations (2017 U.S. Dist. LEXIS 67757, April 28, 2017), and allowed an inmate to move ahead with most of his claims alleging that Muslim inmates were denied all religious services, while services were provided for all other religious beliefs.

In Brinkman v. Ryan, 2017 U.S. Dist. LEXIS 68293 (D AZ, May 3, 2017), an Arizona federal district court dismissed a Wiccan inmate's complaint that his religious practices were not accommodated.

In Wolcott v. Board of Rabbis of Northern & Southern California, 2017 U.S. Dist. LEXIS 68435 (ED CA, May 3, 2017), a California federal magistrate judge recommended dismissing a complaint by an inmate seeking to convert to Judaism that he is unable to obtain Tefillin and Tzittzit.