Howard Friedman, Religion Clause
In Guillory v. Ellis, 2012 U.S. Dist. LEXIS 94619 (ND NY, July 9, 2012) a New York federal district court adopted a magistrate’s recommendations (2012 U.S. Dist. LEXIS 94618, March 22, 2012) and held that factual disputes prevent the granting of summary judgment in favor of a Jewish inmate who complained about two incidents: on one date, due to confusion regarding the call-out list he was not permitted to attend religious services and on another date religious services for Purim were cut short.
In Farrell v. Ercole, 2012 U.S. Dist. LEXIS 95595 (SD NY, July 10, 2012), a New York federal district court adopted a magistrate’s recommendations (2011 U.S. Dist. LEXIS 155,633, Dec. 8, 2011) and denied the habeas corpus petition of an inmate whose convictions grew out of several armed robberies. Among petitioner’s complaints was the trial court’s denial of his request for an adjournment of his trial on a Friday afternoon so he could return to Rikers Island before sundown to observe the Jewish Sabbath.
In Morales v. Putnam, 2012 U.S. Dist. LEXIS 96327 (MD PA, July 11, 2012), a Pennsylvania federal district court adopted a magistrate’s recommendation (2012 U.S. Dist. LEXIS 95906, June 7, 2012) and dismissed, for failure to exhaust administrative remedies, the complaint of an inmate who adhered to the Taino Indian religion that he was required to shave and get a hair cut after his transfer to an out-of-state prison. He says his religious grooming exemption should have prevented his being placed on the out of state prison transfer list.