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More Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Lee v. Johnson, 2011 U.S. Dist. LEXIS 3298 (WD VA, Jan. 13, 2011), a Virginia federal district court rejected an inmate's request for an order directing officials to allow him "to conduct Sabbat services each day" and his request for an order barring retaliatory action because of events after his meeting with two fellow inmates of the same religion that was broken up by a corrections officer.

In Barnes v. Fedele, 2011 U.S. Dist. LEXIS 3402 (WD NY, Jan. 13, 2011), a New York federal district court dismissed a number of plaintiff's claims, but permitted him to proceed in his claim for equitable relief regarding confiscation of his religious head wear-- a crown for his dreadlocks.

In Rea v. Colorado Department of Corrections, 2011 U.S. Dist. LEXIS 3321 (Jan. 13, 2011), a D CO, a Colorado federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 139634, Dec. 7, 2010) and dismissed plaintiffs' attempt to obtain various changes in prison rules to allow greater practice of religious rituals by Native Americans, including daily prayer meetings on sweat lodge grounds.

In Flanagan v. Shipman, 2010 U.S. Dist. LEXIS 139643 (ND FL, Dec. 3, 2010), a Florida federal magistrate judge recommended dismissing objections by a Native American inmate to prison restrictions barring pipe-smoking and smudging ceremonies without an outside volunteer who is qualified to handle certain sacred objects, and the lack of such outside volunteers.

In Bennett v. Fischer, 2011 U.S. Dist. LEXIS 464 (ND NY, Jan. 3, 2011) a New York federal district court adopted a federal magistrate's recommendations (2010 U.S. Dist. LEXIS 139587, Aug. 17, 2010), and dismissed an inmate's free exercise claim, as well as his 8th Amendment claim on the basis of failure to exhaust administrative remedies. Plaintiff claimed that as a result of his participation in a congregate religious service, he received a false misbehavior report accusing him of creating a disturbance, engaging in an unauthorized demonstration, and refusing a direct order. The court permitted plaintiff to proceed with his due process claim growing out of his disciplinary hearing.

In Pressley v. Pennsylvania Department of Corrections, 2011 Pa. Commw. Unpub. LEXIS 52 (PA Commonw. Ct., Jan. 11, 2011), a Pennsylvania state court overruled the Department of Corrections preliminary objections to a claim by a Muslim inmate that he should be permitted access to the same kosher diet as Jewish inmates because the prison's pork-free diet for Muslim inmates was prepared in pots and pans and served on plates and with utensils that had not been adequately cleansed of pork products.

Full post as published by Religion Clause on January 18, 2011 (boomark / email).