Sunday, March 17, 2013

Recent Prisoner Free Exercise Cases

In Blount v. Phipps, 2013 U.S. Dist. LEXIS 31760 (WD VA, March 6, 2013), a Virginia federal district court dismissed complaints by a Muslim inmate that correctional officers delayed in returning two confiscated religious books, and that officials forced him to violate his Ramadan fast by refusing to alter the pill pass schedule.

In Bayadi v. Mathena, 2013 U.S. Dist. LEXIS 31757 (WD VA, March 5, 2013), a Virginia federal district court permitted a Sunni Muslim inmate to proceed, at least for now, with his RLUIPA claim for injunctive relief in which he complains officers refused to accommodate his need to grow a beard for religious reasons. The court gave defendants 30 days to file a second motion for summary judgment dealing with compelling interests and least restrictive means.

In Scott v. Erdogan, 2013 U.S. Dist. LEXIS 31703 (MD PA, March 4, 2013), a Pennsylvania federal district court adopted only in part a magistrate's recommendations (2013 U.S. Dist. LEXIS 30423, Jan. 30, 2013) and allowed a Muslim inmate to proceed with his complaint against two defendants. Plaintiff alleged that the prison system only provided services and instruction in Wahabi Islam, and that this infringed his right to practice orthodox Sunni Islam. Plaintiff also complained about certain practices during Ramadan.

In Alvarez v. Cate, 2013 U.S. Dist. LEXIS 32577 (ND CA, March 8, 2013), a California federal district court refused to grant summary judgment to defendants on RLUIPA and free exercise claims by an inmate whose drawings of various Aztec symbols were confiscated when he attempted to mail them to his family. Prison authorities claimed the drawings promote gang activity. The case was referred to the pro se prisoner mediation program.

In Cejas v. Myers, 2013 U.S. Dist. LEXIS 33393 (ED CA, March 11, 2013), a California federal magistrate judge dismissed, with leave to amend, an inmate's complaint that Buddhist inmates are being denied access to the chapel for services without a chaplain or custody officer present.

In Davis v. Castelloe, 2013 U.S. Dist. LEXIS 32963 (ED NC, March 11, 2013), a North Carolina federal district court dismissed an inmate's complaint that the prison chaplain denied Catholic inmates time equal to that given other religious groups.

In Rahman v. Shearin, 2013 U.S. Dist. LEXIS 33853 (D MD, March 12, 2013), a Maryland federal district court dismissed an inmate's complaint that he was denied the right to participate in Sunni Muslim prayer services because prison officials wrongly had him listed as a member of Nation of Islam.

In Davis v. Flores, 2013 U.S. Dist. LEXIS 34215 (ED CA, March 11, 2013), a California federal district court dismissed a Muslim inmate's complaint that Friday Jumu'ah services for Level 4 inmates were suspended for several months after the prior Muslim chaplain was fired, instead of allowing unsupervised services.

In Wisniewski v. Mueller, 2013 U.S. Dist. LEXIS 22697 (D SC, Feb. 20, 2013), a South Carolina federal district court dismissed on ripeness grounds because plaintiff had been transferred to a different prison a complaint that prison policies barring magazines and paper materials in cells deprived him of the ability to receive Christian materials to study his faith. The magistrate's recommendation is at 2013 U.S. Dist. LEXIS 33484, Jan. 2, 2013.

In Haight v. Thompson, 2013 U.S. Dist. LEXIS 36062 (WD KY, March 15, 2013), a Kentucky federal district court on various grounds dismissed compaints by death row inmates that they were denied visits from clergy of their choice, were denied access to a sweat lodge to practice Native American religious ceremonies and were denied certain foods for use in a Native American powwow to be held at the prison.