Tuesday, October 09, 2018

Recent Prisoner Free Exercise Cases

In Young v. John, 2018 U.S. Dist. LEXIS 163439 (CD CA, Sept. 24, 2018), a California federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 163470, Aug. 14, 2018) and dismissed an inmate's claim that his free exercise rights were infringed by the chaplain's twice interrupting Nation of Islam services and threatening to cancel them.

In Walker v. Director., Texas Department of Criminal Justice- Correctional Institutions Division, 2018 U.S. Dist. LEXIS 163582 (ED TX, Sept. 24, 2018), a Texas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 164341, Aug. 9, 2018) and dismissed a Muslim inmate's complaint that the prison served inmates observing Ramadan insufficient calories.

In Cary v. Stewart, 2018 U.S. Dist. LEXIS 163938 (ED MI, Sept.25, 2018), a Michigan federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 164358, Aug. 17, 2018), and refused to dismiss a complaint by an inmate who follows Native American Traditional Ways that his possession of herbs is being wrongly restricted in violation of the Free Exercise clause. Various other claims were dismissed.

In Dyer v. Osterhout, 2018 U.S. Dist. LEXIS 163936 (ED MI, Sept. 25, 2018), a Michigan federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 165340, May 8, 2018), and allowed a Jewish female inmate to move ahead with her free exercise challenge to the cancellation of Jewish religious services for several months, as well as her retaliation claim, but dismissed claims under RLUIPA and other 1st, 8th and 14th Amendment claims.

In Rivera v. Raines, 2018 U.S. Dist. LEXIS 164284 (SD IL, Sept. 25, 2018), an Illinois federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 164298, Sept. 5, 2018) and allowed an inmate to move ahead with his free exercise claim alleging that prison officials did not allow Nation of Gods and Earths to conduct religious services.

In Heikkila v. Kelley, 2018 U.S. Dist. LEXIS 163562 ED AR, Sept. 25, 2018), an Arkansas federal district court adopted a magistrate's recommendations (2018 U.S. Dist. LEXIS 164411, Aug. 27, 2018) and dismissed a Native American inmate's complaint that his request to construct and use a sweat lodge was denied.

In Jones v. Sherman, 2018 U.S. Dist. LEXIS 164649 (EDCA, Sept. 25, 2018), a California federal magistrate judge recommended dismissing an inmate's complaint that he received only one meal for dinner on Yom Kippur, when he was told he would receive two meals.