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Religion & Law

: Religion Clause

Recent Prisoner Free Exercise Cases

By Howard M. Friedman

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In Musto v. Trinity Food Services, 2010 U.S. Dist. LEXIS 94063 (MD FL, Sept. 9, 2010), a Florida federal district court rejected claims by an inmate that his rights under the 1st Amendment and RLUIPA were violated by his being denied certain supplemental food items with his kosher meals. It also rejected plaintiff's claim that he was denied sufficient visits by a rabbi, was denied access to religious materials and that he was denied fasting privileges.

In Muwwakkil v. Johnson, 2010 U.S. Dist. LEXIS 95143 (WD VA, Sept. 13, 2010), a Virginia federal district court rejected a number of claims by Muslim inmate that his free exercise rights were being infringed. His complaints included change of prayer service time, property limitations during prayer services, allowing in-pod religious services only on Wednesdays, denial of request to hold a large Arabic study group for all Sunni inmates, and unsuitable facilities furnished for religious services.

In Vigil v. Jones, 2010 U.S. Dist. LEXIS 95175 (D CO, Sept. 13, 2010), a Colorado federal district court dismissed an inmate's 1st Amendment, RLUIPA and equal protection claims that his rights were infringed when prison authorities refused to recognize his religion of "Judeo-Christianity." The claims for injunctive relief were dismissed without prejudice, with leave to file an amended complaint. The magistrate's recommendation in the case is at 2010 U.S. Dist. LEXIS 95104, Aug. 9, 2010.

In Jabbar v. Burnett, 2010 U.S. Dist. LEXIS 94557 (ED VA, Sept. 9, 2010), a Virginia federal district court dismissed a Muslim inmate's objection to prison policy that prevents high security prisoners from attending religious services with the general prison population.

In Bebout v. Johns, 2010 U.S. Dist. LEXIS 95075 (ND FL, Aug. 24, 2010), a Florida federal district court dismissed, with leave to amend, a jail inmate's complaint that he was denied kosher food after he was seen eating non-kosher food.

In Alamiin v. Miller, 2010 U.S. Dist. LEXIS 94691 (WD OK, Sept. 10, 2010), an Oklahoma federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 94791, June 28, 2010), and allowed plaintiff to move ahead with a portion of his claims alleging denial of a Halal diet, dismissed other of the claims and dismissed a complaint about cancellation of certain religious services but permitted plaintiff to proceed with a claim regarding halal foods during the 'Eid-adha feast and his request to carry prayer oil on his person.

In Hudson v. Caruso, 2010 U.S. Dist. LEXIS 95475 (WD MI, Sept. 14, 2010), a Michigan federal district court adopted a magistrate's recommendations, 2010 U.S. Dist LEXIS 95626, Aug. 17, 2010) and denied a preliminary injunction requiring a prison to furnish plaintiff Halal food during the month of Ramadan.

Full post as published by Religion Clause on September 19, 2010 (boomark / email).