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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Manning v. Ryan, (9th Cir., Dec. 14, 2009), the U.S. 9th Circuit Court of Appeals upheld dismissal of a prisoner's free exercise claim because plaintiff failed to comply with the trial court's order to serve the remaining defendant with the amended complaint.

In Williams v. Sampson, 2009 U.S. Dist. LEXIS 116438 (ED CA, Dec. 15, 2009), a California federal magistrate judge concluded that an inmate's vague allegations of infringement of religious rights were insufficient for him to move ahead with an equal protection or free exercise claim.

In Black v. Ellsworth, 2009 U.S. Dist. LEXIS 116305 (SD IN, Dec. 11, 2009), an Indiana federal district court found that a Rastafarian inmate's religious needs were not disregarded. The jail chaplain ordered a special diet for him, provided him with a King James version of the Bible and informed him he would be allowed to keep a copy of the Holey Piley if he could secure a copy from someone outside of the jail.

In Dean v. Giles, 2009 U.S. Dist. LEXIS 116355 (MD AL, Nov. 19, 2009), an Alabama federal magistrate judge recommended rejecting First amendment and RLUIPA claims by a Native American inmate who complained that prison barbers cut his hair short in violation of his religious beliefs that required he keep his hair uncut. Plaintiff never told prison officials of his religious beliefs, nor did he object to the haircuts prior to filing this lawsuit. The court said that unintentional interference with religious exercise does not amount to actionable conduct by prison officials. the court also noted that prison grooming policies have repeatedly been upheld by various courts.

In Curry v. Bobby, 2009 U.S. Dist. LEXIS 116887 (ND OH, Dec. 16, 2009), an Ohio federal district court rejected claims by a Rastafarian prisoner in a maximum security facility that his free exercise rights and his rights under RLUIPA were violated when he was denied permission to wear his hair in dreadlocks.

In Johnson v. Boyd, 2009 U.S. Dist. LEXIS 117090 (ED AR, Sept. 15, 2009), an Arkansas federal district court accepted a magistrate's recommendation (2009 U.S. Dist. LEXIS 117071) and permitted an inmate to proceed with his free exercise claim against prison officials only in their individual capacities. Plaintiff claims that, while he was in protective custody, defendants seized his Bible.

In Stearns-Miller v. State of Florida, 2009 U.S. Dist. LEXIS 117663 (ND FL, Nov. 16, 2009), a Florida federal magistrate judge recommended dismissal without prejudice of claims by an inmate that his rights under the 1st Amendment and RLUIPA were violated when prison officials refused to allow him to listen to an audio cassette of the Bible and refused to process of 200 pieces of his mail, some of it to clergymen. Since plaintiff had previously been found at least three times to have filed frivolous litigation, the court, under 28 USC 1915(g) refused to permit he to proceed in forma pauperis.

Full post as published by Religion Clause on December 20, 2009 (boomark / email).