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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Taylor v. Doe, 2010 U.S. Dist. LEXIS 38201 (SD OH, April 19, 2010), an Ohio federal district court adopted the recommendations of a federal magistrate (2010 U.S. Dist. LEXIS 38195, March 2, 2010) and dismissed an inmate's argument that his free exercise rights were infringed when he was not permitted to go to a doctor's appointment because of long hair that he wore for religious reasons. The court held that the complaint had not raised the 1st Amendment issue.

In Simmons v. Herrera, 2010 U.S. Dist. LEXIS 39819 (ND CA, March 26, 2010), a California federal district court dismissed as moot an inmate's suit for injunctive relief to obtain Native American religious services at Salinas Valley State Prison. Plaintiff has been moved to a different prison facility.

In Ransom v. Martinez, 2010 U.S. Dist. LEXIS 39707 (ED CA, March 24, 2010), a California federal magistrate judge permitted a prisoner to move ahead with free exercise and RLUIPA claims that the requirement he undergo a strip search in front of female guards violates his Muslim religious beliefs.

Full post as published by Religion Clause on April 25, 2010 (boomark / email).