Sunday, January 14, 2018

Recent Prisoner Free Exercise Cases

In Carter v. Fleming, (4th Cir., Jan. 8, 2018), the 4th Circuit reversed the district court's grant of summary judgment to defendants in an inmate's suit claiming that the Common Fare menu does not comply with Nation of Islam dietary restrictions because it includes fried foods and challenging his suspension from the Common Fare diet.

In Brooks v. Williams, 2018 U.S. Dist. LEXIS 3050 (Jan. 8, 2018), an Illinois federal district court adopted a magistrate's recommendation (2017 U.S. Dist. LEXIS 214438, Dec. 19, 2017) and refused to dismiss on exhaustion grounds an inmate's claim that he was denied access to Rastafari Sabbath services.

In Newman v. Grzegorek, 2018 U.S. Dist. LEXIS 3626 (ND IN, Jan. 9, 2018), an Indiana federal district court allowed an inmate to move ahead whit his challenge to jail policies that prevented him from attending church services and Bible study.

In Trisvan v. Annucci, 2018 U.S. Dist. LEXIS 3851 (ED NY, Jan. 9, 2018), a New York federal district court dismissed with leave to file an amended complaint a parolee's claim that his curfew and travel conditions prohibit him from praying at a mosque and participating in Ramadan between 9:00 PM and 7:00 AM, and from making a pilgrimage to Mecca.

In Canseco v. Spearman, 2018 U.S. Dist. LEXIS 3991 (ED CA, Jan. 9, 2018), a California federal magistrate judge dismissed a Muslim inmate's complaint that he was not allowed to attend evening religious activities in the dining hall during Ramadan.

In Wallace v. Ducart, 2018 U.S. Dist. LEXIS 4684 (ND CA, Jan. 10, 2018), a California federal magistrate judge dismissed with leave to amend an inmate's claim that he was required to strip in front of female guards in violation of his religious beliefs, and was not allowed to properly clean himself before prayer.

In Hatcher v. Trotter, 2018 U.S. Dist. LEXIS 4926 (WD TN, Jan. 11, 2018), a Tennessee federal district court, adopting a magistrate's recommendation (2017 U.S. Dist. LEXIS 215104, Dec. 20, 2017) dismissed an inmate's complaint that he was unable to attend Sunday religious services on one occasion due to a lock down.

In Rivera v. Davey, 2018 U.S. Dist. LEXIS 5422 (ED CA, Jan. 10, 2018), a California federal magistrate judge recommended dismissing an inmate's complaint that he was denied the opportunity to perform obligatory Jewish prayer services and holy day events.