Sunday, January 07, 2018

Recent Prisoner Free Exercise Cases

In Njie v. Yurkovich, (7th Cir., Jan. 5, 2018), the 7th Circuit vacated the district court's dismissal of a lawsuit by a Rastafarian inmate, concluding that the district court wrongly concluded that all the claims were duplicative of those in another pending lawsuit.

In Hoskins v. Spiller, 2018 U.S. Dist. LEXIS 364 (SD IL, Jan. 2, 2017), an Illinois federal district court dis missed without prejudice a Muslim inmate's complaint about religious diet and Ramadan observance. It severed and allowed plaintiff to pursue separately complaints about prayer conditions and religious diet at another institution to which he was transferred.

In LeBaron v. Massachusetts Partnership for Correctional Healthcare, 2017 U.S. Dist. LEXIS 213577 (D MA, Dec. 1, 2017), a Massachusetts federal magistrate judge recommended dismissing claims by a Messianic Jewish inmate that labeling him with a psychiatric condition and forcing him to take mental health drugs substantially burdens his free exercise of religion.

In Aguilar v. Linderman, 2018 U.S. Dist. LEXIS 954 (D AZ, Jan. 2, 2018), an Arizona federal district court allowed an inmate who is an adherent of Assembly of Yahuwah-Is to move ahead with his complaint regarding a religious diet, but dismissed claims of inadequate religious feast meals and refusal to deliver religious literature mailed to him.

In Wonsch v. Garner, 2018 U.S. Dist. LEXIS 74 (WD OK, Jan. 2, 2018), an Oklahoma federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 213803, Nov. 22, 2017) and dismissed an inmate's claim that he was denied access to clergy, and was requred to take an 8-week Bible study course to be approved for baptism.

In Townsend v. Ouellette, 2018 U.S. Dist. LEXIS 1427 (WD MI, Jan. 4, 2017), a Michigan federal district court allowed a Buddhist inmate to move ahead with his complaint that he was denied a vegan-compliant Vitamin B-12 supplement, but dismissed his complaints regarding religious oil restrictions and denial of a PSA blood test in place of a digital rectal exam that violates his religious beliefs.

In Watford v. Newbold, 2018 U.S. Dist. LEXIS 1636 (SD IL, Jan. 4, 2018), and Illinois federal district court dismissed an inmate's claim that denial of dental and medical treatment violates his religious obligation to properly care for his body.