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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Yoshiyah v. Norris, 2010 U.S. Dist. LEXIS 14176 (ED AR, Feb. 18, 2010), an Arkansas federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 14386, Jan. 28, 2010) and dismissed claims by an inmate who was a member of the House of Yahweh who complained that he was denied various religious publications and that he could only watch religious videos alone on Wednesdays rather than with a group on Saturdays. He also complained about the quality of the vegetarian kosher diet that was available.

In Abdul-Aziz v. Ricci, 2010 U.S. Dist. LEXIS 14657 (D NJ, Feb. 19, 2010), a New Jersey federal district court allowed an inmate to proceed with claims relating to use of prayer oils and availability of Halal meals.

In Walker v. Dart, 2010 U.S. Dist. LEXIS 14638 (ND IL, Feb. 19, 2010), an Illinois federal district court refused to dismiss an pre-trial detainee's complaint that religious services were denied for nearly nine months in one part of the Cook County Jail.

In Wappler v. Kleinsmith, 2010 U.S. Dist. LEXIS 15322 (WD MI, Feb. 22, 2010), a Michigan federal district court allowed a now-released inmate to proceed only against certain of the defendants in their individual capacities on his claims that he was denied kosher meals, religious materials and the opportunity to participate in group religious services and that officials made membership in the Alliance for Jewish Renewal (ALEPH) a condition of his ability to practice Judaism, participate in Seder and Passover services.

In Shoucair v. Snacker, 2010 U.S. Dist. LEXIS 15551 (ED MI, Feb. 23, 2010), a Michigan federal district court adopted the magistrate's recommendations (2010 U.S. Dist. LEXIS 15634, Feb. 3, 2010) and dismissed claims by an inmate including an allegation that a correction officer assaulted him, motivated by prejudice against Islamic Caucasians.

In Roberson v. South Carolina Department of Corrections, 2010 U.S. Dist. LEXIS 16421 (D SC, Feb. 24, 2010), a South Carolina federal district court adopted a magistrate's recommendations
(2010 U.S. Dist. LEXIS 16370, Jan. 27, 2010) finding that an inmate failed to show how an alleged denial of "any Kairos sponsored religious feast [and/or] bread festival celebration" prevented him from practicing his religion, and did not claim that Kairos food or celebrations are part of any religious ritual or faith to which he subscribed.

Full post as published by Religion Clause on February 28, 2010 (boomark / email).