Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

Religion & Law

: Religion Clause

Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In McBride v. Frank, 2009 U.S. Dist. LEXIS 74284 (ED WI, Aug. 21, 2009), a Wisconsin federal district court held that an inmate was barred from relitigating his claim that his free exercise rights were violated by a denial of religious materials while in segregation. He had lost on this claim in prior litigation.

In Washington v. Adams, 2009 U.S. Dist. LEXIS 74355 (ED CA, Aug. 21, 2009), a California federal magistrate judge recommended that an inmate's habeas petition be dismissed. His claim that he was denied his free exercise rights when he was not allowed to change his name is merely a challenge to conditions of confinement for which habeas corpus is not available.

In Tribesman v. California Correctional Peace Officers Association, 2009 U.S. Dist. LEXIS 74734 (CD CA, Aug. 21, 2009), a California federal magistrate judge recommended dismissal of an inmate's claim that his free exercise rights were infringed when he not allowed to attend his grandmother's funeral. It also dismissed more general free exercise claims against a correctional officer's association finding that it was not involved in determining how Native American prisoners would be treated. However the magistrate recommended that plaintiff be allowed to file an amended petition against one of the prison chaplains who allegedly denied Native Americans supplies for their sweat lodge ceremony.

In Wakefield v. Tilton, 2009 U.S. Dist. LEXIS 75391 (ED CA, Aug. 25, 2009), a California federal magistrate judge recommended dismissal of an inmate's claim that by denying his request for daily showers, the prison's Protestant chaplain violated his free exercise rights. Plaintiff claimed this was a requirement of his Seventh Day Adventist religion.

In Webb v. Smartwood, 2009 U.S. Dist. LEXIS 75283 (WD MO, June 15, 2009), a Missouri federal magistrate judge rejected free exercise claims by plaintiff who was in custody of the state Department of Mental Health. Plaintiff alleged that administering of the psychiatric drug Ativan to him violated his free exercise rights, but the court found that this claim was not supported by the evidence. Plaintiff failed to show that his alleged belief in Scientology was sincere.

In Pogue v. Woodford, 2009 U.S. Dist. LEXIS 75943 (ED CA, Aug. 26, 2009), a California federal magistrate judge recommended that most of the numerous claims by a Muslim prisoner that his religious practices were infringed (access to Jumu'ah services, lack of an imam, grooming, prayer oil, single cell status) be dismissed, but allowed him to move ahead on a claim for injunctive relief to obtain the prison's kosher diet while plans for a halal diet are being implemented.

In Scott v. Crites, (TX Ct. App., Aug. 26, 2009), a Texas state appellate court affirmed dismissal of a Native American prisoner's challenge to authorities' search of his medicine bag. Plaintiff failed to argue that prison policies on medicine bags substantially burdened his exercise of religion.

In Bailey v. Ozmint, 2009 U.S. Dist. LEXIS 76651 (D SC, July 27, 2009), a South Carolina federal magistrate judge recommended that a Muslim inmate's challenge to prison grooming regulations be dismissed.

Full post as published by Religion Clause on August 30, 2009 (boomark / email).