Prisoner free exercise cases – January 12, 2014

Howard Friedman, Religion Clause

In Ghailani v. Holder, 2014 U.S. Dist. LEXIS 1986 (D CO, Jan., 8, 2014), a Colorado federal magistrate judge gave an inmate 30 days to file an amended complaint setting out more details of his claim that “special administrative measures” imposed on him violates his free exercise rights. 

In Lewis v. Nevada, 2014 U.S. Dist. LEXIS 2045 (D NV, Jan. 7, 2014), a Nevada federal district court, while severing claims of several plaintiffs and dismissing a number of claims, permitted an African-American Hebrew Israelite inmate to move forward with his free exercise, RLUIPA and equal protection challenges to the denial of kosher meals and the insistence that he accept Common Fare meals. Plaintiff claimed that Jews who are white still receive kosher meals. 

In Strickland v. Van Lanen, 2014 U.S. Dist. LEXIS 873 (ED WI, Jan. 3, 2014), a Wisconsin federal district court permitted a Muslim inmate to proceed with his complaint that strip searches in areas that lack privacy infringe his religious beliefs. 

In Carmichael v. Geo Group, 2014 U.S. Dist. LEXIS 2697 (ED CA, Jan. 8, 2014), a California federal magistrate judge permitted a Muslim inmate to proceed with his complaint that he was denied a halal diet and the ability to purchase halal meat. 

In Irvin v. Yates, 2014 U.S. Dist. LEXIS 2120 (ED CA, Jan. 8, 2014), a California federal magistrate judge dismissed with leave to file an amended complaint a Muslim inmate’s free exercise, RLUIPA and equal protection claims. 

In Sessing v. Beard, 2014 U.S. Dist. LEXIS 238 (ED CA, Jan. 2, 2013), a California federal magistrate judge dismissed with leave to amend an inmate’s complaint that his exercise of his Asatru (Odinism) faith is burdened by denial of his request for construction of an outdoor worship enclosure.