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Recent Prisoner Religion and Free Exercise Cases

By Howard M. Friedman

In Sterr v. Baptista, 2009 U.S. Dist. LEXIS 66039 (CD CA, July 20, 2009), a California federal district court rejected a challenge by a prisoner who practices Asatru/Odinism to the prison's decision to replace vegetation on sacred ground used by "earth-based religions" to all grass, and a change in schedule for access to classrooms and a sanctuary.

In Yaacov v. Collins, 2009 U.S. Dist. LEXIS 66479 (ND OH, July 31, 2009), an Ohio federal magistrate judge upheld a former prison policy that limited kosher meals to inmates who registered as Jewish when they entered the prison.

In Sokolsky v. Voss, 2009 U.S. Dist. LEXIS 67070 (ED CA, July 24, 2009), a California federal district court allowed a Jewish inmate to move ahead with his damage claim against officials (but only in their individual capacities) of a mental hospital to which he had been criminally committed. Plaintiff alleged that his rights under RLUIPA were infringed when during Passover he was furnished standard, rather than kosher-for-Passover, meals. He also claimed that he was subjected to discipline when he complained about the matter. In the lawsuit, plaintff seeks compensatory damages of $1 million and punitive damages of $4 million.

In Kaiser v. Shipman, 2009 U.S. Dist. LEXIS 67596 (ND FL, Aug. 4, 2009), a Florida federal magistrate judge recommended summary judgment for defendant in an inmate's challenge to prison regulations that allegedly interfered with his religious practices as an eclectic pagan. Plaintiff had claimed that denying him permission to possess tarot cards, runes, and an altar cloth or, alternatively, supervised access in the chapel at night to these items violated his rights under the 1st Amendment and RLUIPA. He also claimed equal protection violations because other inmates could possess secular items (playing cards and Scrabble tiles) and religious articles (Islamic prayer rugs) that were similar to the items he wanted.

In Aguirre v. Corrections Corporation of America, 2009 U.S. Dist. LEXIS 67771 (ND OH, June 5, 2009), an Ohio federal magistrate judge recommended dismissal for failure to exhaust administrative remedies objections by an inmate who changed his religious preference from Catholic to Jewish that he had not been allowed to participate in the kosher meal program or Jewish holidays.

In Boles v. Bartruff, (CO Ct. App., Aug. 6, 2009), a Colorado Court of Appeals in a 2-1 decision rejected a claim by a Jewish prisoner that he was denied due process at a disciplinary hearing when he was not allowed to question the complaining officer about her alleged anti-Semitism.

Full post as published by Religion Clause on August 09, 2009 (boomark / email).