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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Warren v. Schweitzer, 2011 U.S. Dist. LEXIS 1066 (D MT, Jan. 6, 2011), a Montana federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 138843, Oct. 29, 2010) allowing an inmate to move ahead against one defendant with his claim that denial of his Odinist religious books and medallion violated the free exercise, establishment and equal protection clauses as well as RLUIPA.

In Martinez v. Foulk, 2010 U.S. Dist. LEXIS 138974 (ED CA, Dec. 29. 2010), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that prison officials denied his requests for a "lucifarian (satanic) bible" and failed to provide him with spiritual guidance by "an authorized church representative/chaplain."

In LaBlanc v. San Bernardino County Board of Supervisors, 2011 U.S. Dist. LEXIS 1238 (CD CA, Jan 5, 2011), a California federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 138992, Sept. 29, 2010) and dismissed a complaint by a civilly committed detainee held as a sexual predator that while in Administrative Segregation he was not permitted to attend church services.

In Nixon v. Zickefoose, 2011 U.S. Dist. LEXIS 1601 (D NJ, Jan. 7, 2011), a New Jersey federal district court dismissed a prisoner's class action lawsuit that alleged among other things that inmates were denied access to religious services when they were put in lock down because of unauthorized cell phones in the prison. Leave to refile amended individual claims was granted.

In Solomon v. Caruso, 2011 U.S. Dist. LEXIS 1486 (WD MI, Jan. 6, 2011), a Michigan federal district court permitted an inmate to proceed against certain defendants on his claim that his rights under the 1st and 14th Amendments and RLUIPA were violated when prison officials insisted on scheduling Moorish Scinece religious services on Saturday instead of Friday.

In Thomas v. Lawler, 2011 U.S. Dist. LEXIS 1913 (MD PA, Jan. 10, 2011), a Pennsylvania federal district judge dismissed, with leave to amend, an inmate's claim that he is unable to use the prison chapel to practice his religion because of bolted chairs and bolted religious symbols in the chapel.

In Washington v. Chaboty, 2010 U.S. Dist. LEXIS 139336 (SD NY, Dec. 30, 2010), an inmate challenged disciplinary action taken against him for violating a prison rule barring messages of a personal nature from inmates to prison employees. Plaintiff had given a corrections officer a copy of the Quran and two sheets of notes explaining it.  The court concluded that plaintiff's religious freedom rights were not violated, but that the rule barring personal communications to a corrections officer violates the free speech protections of the First Amendment. However it went on to hold that defendants here were protected by qualified immunity.

In Garcia v. Cameron, 2010 U.S. Dist. LEXIS 139305 (MD FL, Dec. 30, 2010), a Florida federal district court rejected an inmate's complaint that he was denied counseling with a Catholic priest.

In Robinson v. Owens, 2011 U.S. Dist. LEXIS 2511 (SD GA, Jan. 4, 2011), a Georgia federal magistrate judge rejected free exercise claims against the defendants named in a lawsuit brought by an inmate whose request for vegan meals was denied at the state Inmate Classification level.

Full post as published by Religion Clause on January 16, 2011 (boomark / email).