Howard Friedman, Religion Clause

In Ford v. Bureau of Prisons, (3d Cir., June 30, 2014), the 3rd Circuit dismissed the complaint of a Nation of Islam inmate that he was not provided a meal after his fast on two holy days. The court also rejected his claim that discipline for a radical sermon he gave was retaliation.

In Lackey v. Midget, 2014 U.S. Dist. LEXIS 87289 (ED VA, June 25, 2014), a Virginia federal district court adopted a magistrate’s recommendations and dismissed a Muslim inmate’s complaint that on one evening he received an incomplete Ramadan meal.

In Lewis v. Hirsh, 2014 U.S. Dist. LEXIS 84648 (ED CA, June 20, 2014), a California federal magistrate judge gave an inmate 30 days to amend his pleadings, or else face dismissal of his complaint that  prison authorities are attempting to cause him to violate his Christian Science faith by classifying him as a high medical risk.

In Spight v. Davidson, 2014 U.S. Dist. LEXIS 85671 (MD TN, June 23, 2014), a Tennessee federal district court dismissed a suit by a Seventh Day Adventist inmate who complained that officials would only allow him a vegetarian diet, and not a kosher diet that includes meat.

In Mingo v. Fischer, 2014 U.S. Dist. LEXIS 87231 (ND NY, June 26, 2014), a New York federal district court dismissed an inmate’s complaint that a prison staff member made disparaging remarks about his religion.

In Tate v. Dickinson, 2014 U.S. Dist. LEXIS 86577 (ED CA, June 24, 2014), a California federal magistrate judge recommended dismissing a Muslim inmate’s complaint that he is limited to purchasing only 5 pre-selected fragrances of prayer oils.

In Joe v. Nelson, 2014 U.S. Dist. LEXIS 87560 (MD GA, June 27, 2014), a Georgia federal district court dismissed an inmate’s complaint that unsanitary conditions in his cell meant that he had to wipe the floor before his daily prayers and on one day he could not perform 4 of his 5 daily prayers because of water flooding his cell.

In Johnson v. Corrections Corporation of America, 2014 U.S. Dist. LEXIS 87978 (SD CA, June 23, 2014), a California federal district court dismissed, with leave to amend, an inmate’s complaint that the assistant warden would not authorize him to participate in the Ramadan fast.

In Mohamad v. Wenerowicz, 2014 U.S. Dist. LEXIS 89225 (ED PA, June 30, 2014), a Pennsylvania federal district court dismissed a Muslim inmate’s complaint that he was unable to pray on a single day when he was kept in handcuffs for over two hours.

In Taylor v. Pearson, 2014 U.S. Dist. LEXIS 87657 (SD AL, June 27, 2914), an Alabama federal district court adopted a magistrate’s recommendation (2014 U.S. Dist. LEXIS 88358, June 2, 2014) and dismissed without prejudice a suit by an inmate claiming his free exercise rights were infringed when he was required to cut his hair and sideburns in an unsanitary barbering facility. The dismissal was a sanction for plaintiff’s failure to list in his application for in forma pauperis status 6 prior suits he had filed.

In Williams v. Roberts, 2014 U.S. Dist. LEXIS 89015 (ED CA, June 27, 2014), a California federal magistrate judge dismissed an inmate’s claim that his free exercise rights were infringed when a commissioner at his parole hearing questioned his repeated changes in religious belief. Plaintiff had failed to follow through on either Alcoholics Anonymous or an Islam-based program for rehabilitation.