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More Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Green v. Werholtz, 2010 U.S. Dist. LEXIS 102867 (D KA, Sept. 28, 2010), a Kansas federal district court  rejected plaintiffs' complaints about the manner in which prison kosher meals were prepared, finding that their preparation was approved by a rabbi.


In Delgado v. Ballard, 2010 U.S. Dist. LEXIS 102552 (SD WV, Sept. 24, 2010), a West Virginia federal district court adopted most of a magistrate's recommendations (2010 U.S. Dist. LEXIS 102532, Aug. 19, 2010) and allowed an inmate who is a Taino Indian from Puerto Rico to move ahead with his claims for declaratory and injunctive relief. Plaintiff claimed that his religious rights were infringed by denial of his needs to smoke tobacco daily, grow some of his hair long, listen to certain music full time and correspond with Latino or Taino religious groups.


In Zuege v. Geffers, 2010 U.S. Dist. LEXIS 102406 (ED WI, Sept. 28, 2010), an inmate complained that in the earned release program he was singled out because of his non-religious beliefs and was told to write a report on a book titled Ethics of Religion. He alleged this violates the Establishment Clause. The ERP group leader denied the allegations. The court held that because of factual disputes, neither side was entitled to summary judgment.


In Miller v. Wilkinson, 2010 U.S. Dist. LEXIS 103364 (SD OH, Sept. 30, 2010), an Ohio federal district court rejected free exercise and RLUIPA challenges by Asatru prisoners seeking exemptions from the prison's grooming code and seeking recognition of their Asatru religious names.

In Sosa v. Lantz, 2010 U.S. Dist. LEXIS 103535 (D CT, Sept. 30, 2010), a Connecticut federal district court rejected an inmate's complaint that he was being forced to participate in a religion when he was housed with a Muslim cell mate who used the cell for prayer and religious practices.  The court held that double-celling plaintiff with a Muslim cell mate did not amount to state action in violation of 1st Amendment rights.


In Johnson v. Jabe, 2010 U.S. Dist. LEXIS 103483 (WD VA, Sept. 30, 2010), a Virginia federal district judge remanded an inmate's free exercise, RLUIPA and equal protection claims to the magistrate for further fact finding on whether The Nations of Gods and Earth (sometimes called the Five Percenters) is properly classified as a Security Threat Group. Prison officials classify NGE as a gang and refuse to recognize it as a religion. The magistrate's original recommendations are at 2010 U.S. Dist. LEXIS 103486, Aug. 23, 2010.


In Abdul-Matiyn v. Allen, 2010 U.S. Dist. LEXIS 102825 (ND NY, Sept. 28, 2010), a New York federal district court adopted most of the recommendations of a magistrate (2010 U.S. Dist. LEXIS 102972, March 4, 2010) and permitted plaintiff (who was civilly committed after the expiration of his prison term based on psychological issues and sexual misconduct convictions) to move ahead with his claim that his free exercise rights were infringed when authorities prohibited him from engaging in Jum'ah prayers. However the court rejected his complaint that he was not provided with halal meals.

Full post as published by Religion Clause on October 06, 2010 (boomark / email).