Sunday, March 03, 2019

Recent Prisoner Free Exercise Cases

In Ollie v. Atchison, 2019 U.S. App. LEXIS 5439 (7th Cir., Feb. 25, 2019), the 7th Circuit affirmed dismissal of an inmate's claim that he was denied access to congregative religious services.

In Franklin v. Arguello, 2019 U.S. Dist. LEXIS 24469 (D NV, Jan. 14, 2019), a Nevada federal district court adopted a magistrate's recommendation (2019 U.S. Dist. LEXIS 25065, Jan. 7, 2019) and refused to dismiss an inmate's complaint that he was not allowed to participate in group Christian worship services and receive communion.

In Missouri v. Vansickle, 2019 U.S. Dist. LEXIS 23246 (WD MI, Feb. 13, 2019), a Michigan federal district court adopted a magistrate's recommendation (2019 U.S. Dist. LEXIS 25071, Jan. 23, 2019) and denied injunctive relief but permitted a Nation of Islam inmate to move ahead with his damages claim for refusal to accept his late sign-up for Ramadan meals.

In Stewart v. Richardson, 2019 U.S. Dist. LEXIS 26893 (SD NY, Feb. 19, 2019), a New York federal district court dismissed an inmate's complaint that his Arabic texts and his "Complete Book of Witchcraft" were confiscated.

In Cary v. Mox, 2019 U.S. Dist. LEXIS 26578 (ED MI, Feb. 20, 2019), a Michigan federal district court adopted a magistrate's recommendation (2019 U.S. Dist. LEXIS 27531, Jan. 22, 2019) and denied summary judgment, dismissing some of the claims, to a former inmate now on parole who asserted that his Native American medicine bag was desecrated in a search.

In Petersen v. Fresno County Sheriff's Office, 2019 U.S. Dist. LEXIS 27928 (ED CA, Feb. 20, 2019), a California federal magistrate judge recommended dismissing an inmate's complaint that his Sikh head covering was confiscated on two occasions.

In Dewitt v. Johnson, 2019 U.S. Dist. LEXIS 28493 (ND OH, Feb. 22, 2019), an Ohio federal district court dismissed an inmate's complaint that as a member of Disciple of Akrah he was discriminated against and denied a headband and scroll bag.

In Lane v. Tavares, 2019 U.S. Dist. LEXIS 28511 (MD PA, Feb. 21, 2019), a Pennsylvania federal magistrate judge recommended allowing a Muslim inmate to move ahead with his complaint that he was denied accommodation for his medical condition that he sought so he could access Friday prayers that were on a different floor of the prison.

In Love v. Price, 2019 U.S. Dist. LEXIS 29287 (ED MO, Feb. 25, 2019), a Missouri federal district court dismissed an inmate's claim that for two months he was forced to eat food that violated his religious diet.

In Ha'Keem v. Mesojedec, 2019 U.S. Dist. LEXIS 30328 (D MN, Feb. 26, 2019), a Minnesota federal district court rejected in part a magistrate's recommendation (2019 U.S. Dist. LEXIS 31083, Jan. 16, 2019) and allowed Muslim civil sex-offender detainees to move ahead on their claim that their facility's prayer oil policy violates their free exercise rights. However the court adopted other parts of the magistrate's recommendation and dismissed claims regarding religious discussions, cross-gender pat down searches, prayer rugs, prayer space and access to religious services.