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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Munson v. Norris, (8th Cir., May 3, 2010), the 8th Circuit Court of Appeals affirmed a trial court's instructions to the jury on the elements of an Establishment Clause claim by a paroled prisoner who exhibited sexual deviancy. Plaintiff claimed he was forced to recite a prayer at the end of 12-step meetings that were part of his parole. Despite concern about the trial court's instruction that plaintiff had to show he was damaged, the court concluded that this did not rise to the level of plain error and affirmed the jury verdict that found no Establishment Clause violation.

In Smith v. Ludwick, 2010 U.S. Dist. LEXIS 42396 (ED MI, April 30, 2010), a Michigan federal district court dismissed an inmate's habeas corpus action in which he complained that he was denied the right to participate in the kosher meal program. Habeas is not available to challenge conditions of confinement, as opposed to the length or duration of a sentence.

In George v. Morgan, 2010 U.S. Dist. LEXIS 42667 (D DE, April 30, 2010), a Delaware federal district judge permitted an inmate to proceed with his claim that he was n ot allowed to attend chapel services or receive spiritual counseling. He also claimed that prison officials punished him for praying in his cell, telling him that talking to God is a sign of being crazy.

In Ramziddin v. Monmouth County Sheriff Department, 2010 U.S. Dist. LEXIS 42798 (D NJ, April 30, 2010), a New Jersey federal district court dismissed without prejudice a Muslim pre-trial detainee's clams that correctional officials violated his free exercise rights when they confiscated his prayer rug for security reasons, limited the areas in which he could wear his kufi, failed to serve meals that conform to his religious preferences, and forced him to pray in "awkward and unsanitary" conditions in the multi-purpose room or in cells.

In Ind v. Colorado Department of Corrections, 2010 U.S. Dist. LEXIS 43312 (D CO, March 23, 2010), a Colorado federal magistrate judge recommend that an inmate who followed a branch of the Christian Identity Movement be allowed to proceed with his RLUIPA claims for an injunction stemming from his allegations that he was denied the opportunity to take communion alone in his cell and was denied religious texts. It held that one of the defendants had qualified immunity as to damage claims.

In Greenfield v. Corzine, 2010 U.S. Dist. LEXIS 44433 (D NJ, May 6, 2010), a New Jersey federal district court held that a civil committee under the Sexually Violent Predator Act failed to allege sufficient facts to state a free exercise claim when he alleged only that he was denied the right to participate in religious services while he was in "map" for 60 days in 2006. Also the statute of limitations had run on the claim.

In Rouser v. White, 2010 U.S. Dist. LEXIS 44151 (ED CA, April 15, 2010), a California federal district court issued a preliminary injunction in a lawsuit filed by a Wiccan prisoner alleging various infringements of his rights under the free exercise clause and RLUIPA. The injunction required that prison officials allow plaintiff to keep and maintain religious texts (including but not limited to A Witches' Bible Compleat (the "Wiccan Bible"), that they allow him to obtain group Wiccan items before Wiccan group services; that they do not take or destroy plaintiff's religious articles; that plaintiff be provided a way to order and receive religious items; that officials announce Wiccan services to the same extent they announce services for the mainstream faiths; that plaintiff be allowed to access the outdoor, nature-based religious area when Wiccan services are scheduled; and that plaintiff be given access to the fire pit during religious services.

Full post as published by Religion Clause on May 09, 2010 (boomark / email).