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Recent Prisoner Free Exercise Cases

By Howard Friedman

In Rainer v. Calderon, 2008 U.S. Dist. LEXIS 5591 (ED CA, Jan. 25, 2008), a California federal magistrate judge recommended dismissal of an inmate's claim that "he was denied services to study and follow the life of his Prophet (Muhammad)?" The court said plaintiff failed to link the alleged denial to the conduct of any of the named defendants.

In Wesley v. Muhammad, 2008 U.S. Dist. LEXIS 6248 (SD NY, Jan. 28, 2008), a New York federal district judge accepted a magistrate's recommendation in a case in which a Muslim inmate challenged the selling of pork-based products in a prison's commissary without clearly labeling which products comply with Muslim dietary restrictions. The court dismissed claims against officers who merely worked at the commisary, but permitted them to go forward against supervisory officials. Plaintiff had objected to dismissal of the commissary workers, arguing that they were "like Nazi concentration camp guards, relying on a defense that they followed the orders of superiors to avoid liability...." The court said that argument reflected both a lack of any sense of proportion, and the weakness of plaintiff's case.

In Joseph v. Arpaio, 2008 U.S. Dist. LEXIS 6227 (D AZ, Jan. 28 2008), an Arizona federal district court dismissed a claim by a Muslim inmate that he was being given pork products in his meals. Defendants demonstrated that he was receiving a no-pork diet.

In Grissom v. Cole, 2008 U.S. Dist. LEXIS 7169 (D AK, Jan. 30, 2008), an Arkansas federal magistrate judge found that there were factual disputes that prevented dismissal of a prisoner's claim that defendants denied him the right to bring his Bible into the day room at the Clay County Detention Center.

Full post as published by Religion Clause on February 03, 2008 (boomark / email).