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Recent Prisoner Free Excercise Cases

By Howard M. Friedman

In Miles v. Moore, 2011 U.S. Dist. LEXIS 21753 (ED VA, March 3, 2011), a Virginia federal district court dismissed a challenge to a prison rule that only allowed changes once each quarter in the list of prisoners who could attend religious services. This delayed plaintiff's restoration to the list after he had been dropped during a period of administrative segregation.

In Pierce v. Gonzales, 2011 U.S. Dist. LEXIS 21888 (ED CA, Feb. 17, 2011), a California federal magistrate judge dismissed as too vague an inmate's allegations that Muslim inmates were denied religious services for over a year. Plaintiff however was granted leave to file an amended complaint.

In Muhammad v. Wade, 2011 U.S. Dist. LEXIS 22234 (ED VA, March 2, 2011), a Virginia federal district court rejected a Muslim inmate's claims that his rights were violated when authorities impeded his attempts to set up for classes and prayer, and denied him an Eid-ul-Fitr feast.

In McGovern v. Smith, 2011 U.S. Dist. LEXIS 22528 (D MT, March 7, 2011), a Montana federal district court adopted a magistrate's recommendations (2011 U.S. Dist. Lexis. 23088, Feb. 1, 2011) and dismissed an inmate's challenge that his ability to practice his Wiccan religion were burdened by denying him the use of real candles and confiscating his pendant. However the court refused to dismiss his challenge to the ban on casting spells.

In Pine v. Seally, 2011 U.S. Dist. LEXIS 23482 (ND NY, Feb. 4, 2011), a New York federal magistrate judge recommended dismissing plaintiffs' claims that that they were denied "'Elder 'Rastafarian' or Eman [sic] 'Muslim' services . . . special diets, the right to Ramadan," and that Jewish inmates were not allowed to celebrate Passover and were not given kosher diets."

Full post as published by Religion Clause on March 13, 2011 (boomark / email).