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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Allison v. Martin, 2010 U.S. Dist. LEXIS 4928 (ED MI, Jan. 22, 2010), a Michigan federal district court adopted recommendations of a federal magistrate (2009 U.S. Dist. LEXIS 123727, Nov. 5, 2009), and rejected various free exercise and RFRA claims by an inmate who objected to the lack of Jewish religious services, wanted religious materials and claims he was denied participation in the prison's kosher meals program.

In Sareini v. Burnett, 2010 U.S. Dist. LEXIS 4925 (ED MI, Jan. 22, 2010), a Michigan federal district court adopted recommendations of a federal magistrate (2009 U.S. Dist. LEXIS 123726, Dec. 21, 2009) granting summary judgement on some claims and denying it on others in a case in which a Shi'a Muslim inmate complained about restrictions on his religious exercise. The court dismissed a complaint that no separate Shi'a religious services were offered, but refused to dismiss claims seeking Halal meat, asking to be allowed to have certain religious items and accommodating observance of Muslim holidays.

In Mayo v. Norris, 2010 U.S. Dist. LEXIS 5243 (ED AR, Jan. 22, 2010), an Arkansas federal district court adopted the recommendations of a federal magistrate (2009 U.S. Dist. LEXIS 123899, Dec. 18, 2009) and rejected a petition for a writ of habeas corpus by petitioner who objected on religious grounds both to his conditions of parole and his underlying conviction (after a negotiated guilty plea) for possessing methamphetamine. Petitioner quoted various Biblical verses that he said were inconsistent with the requirement he maintain a residence and not associate with convicted felons. He also argued that his sentence was harsher than what God's judgment would have been.

In Wilkerson v. Jenkins, 2010 U.S. Dist. LEXIS 6602 (D MD, Jan. 27, 2010), a Maryland federal district court rejected an inmate's complaint that he was not permitted to wear his yarmulke outside his housing unit and that his work assignment interfered with his observance of the Sabbath.

In Ivory v. Tilton, 2010 U.S. Dist. LEXIS 6557 (ED CA, Jan. 8, 2010), a California federal magistrate judge, while permitting plaintiff to proceed with retaliation and excessive force claims held that "plaintiff's allegations that 'Defendants' in general harassed him, called him Kosher boy in front of other inmates, both under heated and burned his food, deprived him of his Kosher meals on several occasions, and failed to provide him with proper eating utensils are not sufficient to state any claims." Plaintiff was granted leave to amend on the dismissed claims.

In Scott v. Padula, 2010 U.S. Dist. LEXIS 6174 (D. SC, Jan. 26, 2010) a federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 6173, Jan. 7, 2010), and denied a preliminary injunction to an inmate who wanted to have religious books pertaining to the Shetaut Neter faith while he is housed in the Special Management Unit.

In Lockamy v. Dunbar, 2010 U.S. Dist. LEXIS 6893 (ED TX, Jan. 28, 2010), a federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 124184, Oct. 6, 2009), and, among other things, rejected a RLUIPA challenge to application of prison contraband rules that precluded plaintiff from mailing religious articles torn out of a magazine (as opposed to sending the entire magazine) and a Christmas card that had been made from the back covers of copies of a prison publication.

In Yisrayl v. Walker, 2010 U.S. Dist. LEXIS 6785 (SD IL, Jan. 27, 2010), an Illinois federal district court permitted an inmate who practices the African Hebrew Israelite faith to proceed on some of his claims-- that officials refused to serve him unleavened bread, refused to serve him a special holiday meal, denied him access to religious books, videos and a turban and have not hired a clergy member of his faith.

Full post as published by Religion Clause on January 31, 2010 (boomark / email).