Thursday, November 01, 2018

Recent Prisoner Free Exercise Cases

In Priest v. Holbrook, (9th Cir., Oct. 31, 2018), the 9th Circuit reversed the district court's dismissal of a Native American inmate's complaint that his golden eagle feathers were confiscated.

In McCracken v. Godert, 2018 U.S. Dist. LEXIS 178074 (ED MO, Oct. 17, 2018), a Missouri federal district court allowed an inmate who is a Native American Medicine Man to move ahead with his complaint that the prison's ban on tobacco failed to provide an exception for religious ceremonies.

In Ross v. Sandoval, 2018 U.S. Dist. LEXIS 179876 (D NV, Oct. 19, 2018), a Nevada federal district court granted a preliminary injunction requiring that a Buddhist inmate be placed on the common fare diet.

In Barnes v. Daviess County Detention Center, 2018 U.S. Dist. LEXIS 180713 (WD KY, Oct. 19, 2018), a Kentucky federal district court allowed a Muslim inmate to move ahead with his complaint that during Ramadan he has not been able to engage in prayers or have a clean uniform in which to pray.

In Franklin v. York, 2018 U.S. Dist. LEXIS 180832 (ND NY, Oct. 16, 2018), a New York federal magistrate judge recommended dismissing a Muslim inmate's complaint regarding a prayer rug, Ramadan meals, and receipt of mail including a prayer schedule. UPDATE: The court adopted the magistrate's recommendation at 2018 U.S. Dist. LEXIS 190161, Nov. 7, 2018.

In Archibald v. Warren County Regional Jail, 2018 U.S. Dist. LEXIS 181336 (WD KY, Oct. 23, 2018), a Kentucky federal district court allowed a Muslim inmate to move ahead with his complaint regarding Ramadan meals.

In Clinton v. Duby, 2018 U.S. Dist. LEXIS 182079 (WD MI, Oct. 24, 2018), a Michigan federal district court allowed an inmate to move ahead with claims growing out of denial of his approved religious vegan diet.

In Jones v. North Carolina Department of Public Safety, 2018 U.S. Dist. LEXIS 182150 (WD NC, Oct. 23, 2018), a North Carolina federal district court dismissed a Muslim inmate's complaint that he was told to shave his beard before he could interview for a work release job.