Howard Friedman, Religion Clause
In McFaul v. Valenzuela, (5th Cir., June 18, 2012), the 5th Circuit rejected a Celtic Druid inmate’s free exercise, equal protection, RLUIPA and Texas Religious Freedom Restoration Act challenges to prison rules that barred him from having religious medallions that cost more than $25 and limited him to medallions that prison officials had approved for each religion.
In Zook v. Tucker, 2012 U.S. Dist. LEXIS 83237 (ND FL, June 14, 2012), a Florida federal district court adopted a magistrate’s recommendations (2012 U.S. Dist. LEXIS 83238, April 11, 2012) and dismissed a Muslim inmate’s free exercise, equal protection and RLUIPA challenge to a prison rule barring the wearing of beards except for medical reasons.
In Wright v. Fayram, 2012 U.S. Dist. LEXIS 84804 (ND IA, June 18, 2012), an Iowa federal magistrate judge concluded that an inmate’s adherence to Nation of Gods and Earths constitutes a sincerely held religious belief entitled to 1st Amendment protection, and that prison authorities are not justified in prohibiting weekly and monthly classes and meetings and group worship. However, because plaintiff is currently the only prisoner at the facility who is an NGE member, his group worship claims are not ripe and should be dismissed.
In Jenner v. Sokol, 2012 U.S. Dist. LEXIS 85179 (D CO, June 19, 2012), a Colorado federal district court adopted a magistrate’s recommendations (2012 U.S. Dist. LEXIS 85137, April 5, 2012) and denied a motion to file an amended complaint as well as denying a preliminary injunction which plaintiff sought to permit him to attend Jewish services within the time prescribed for candle lighting, and to require provision of Jewish faith supplies and books.
In Thomas v. Lawler, 2012 U.S. Dist. LEXIS 86240 (MD PA, June 21, 2012), a Pennsylvania federal district court vacated a prior default judgment in a Muslim prisoner’s complaint that he has significant physical disabilities and that prison officials force him to climb five flights of stairs to worship in a chapel with insufficient space and without a restroom.
In Bermea-Cepeda v. Chartier, 2012 U.S. Dist. LEXIS 85848 (D SC, June 21, 2012), a South Carolina federal district court adopted a magistrate’s recommendations (2012 U.S. Dist. LEXIS 86646, May 8, 2012) and dismissed an inmate’s complaint that he has been denied use of the prison chapel for Santa Muerte meetings and religious services.
In Knapp v. Kench, 2012 U.S. Dist. LEXIS 79112 (D NH, June 6, 2012), a New Hampshire federal district court accepted a magistrate’s recommendations (2012 U.S. Dist. LEXIS 78981, May 14, 2012) and allowed a Muslim inmate who complained about the lack of Jum’ah services to move ahead with with his 1st Amendment and RLUIPA claims, but dismissed plaintiff’s equal protection claim and his official capacity damage claims, while refusing to rule at this stage on whether an individual capacity damage claim lies under RLUIPA.
In Edwards v. Cornelius, 2012 U.S. Dist. LEXIS 79587 (MD FL, June 8, 2012), a Florida federal district court dismissed, with leave to amend as to some defendants, a Rastafarian inmate’s claims regarding the vegan diet he received as a pre-trial detainee.
In Vandyke v. S.W.V.R.J., 2012 U.S. Dist. LEXIS 81299 (WD VA, June 12, 2012), a Virginia federal district court dismissed an inmate’s 1st Amendment and equal protection challenges to jail officials’ refusal to permit him to attend Christian worship services with other inmates while he was being held in protective custody. It also rejected his claim regarding religious materials supposedly taken from his Bible.
In Riley v. Brown, 2012 U.S. Dist. LEXIS 81408 (WD LA, June 12, 2012), a Louisiana federal district court accepted a magistrate’s recommendations (2012 U.S. Dist. LEXIS 81409, April 26, 2012) and dismissed claims by a Muslim plaintiff claim that his tights under the 1st Amendment and RLUIPA were violated when the warden refused to permit him to keep a prayer rug he had received by mail.
In three related cases,a Texas federal district court and dismissed a Muslim inmates complaints against various defendants about interference or denial of prayer services and denial of a special holy day meal. The dismissals were on a number of grounds, including immunity, failure to exhaust, and failure to state a claim on which relief can be granted. The cases are Lemons v. Texas Department of Criminal Justice ID, 2012 U.S. Dist. LEXIS 82127 (ND TX, June 13, 2012) adopting a magistrate’s recommendations (2012 U.S. Dist. LEXIS 81786, May 17, 2012); Saddler v. Texas Department of Criminal Justice ID, 2012 U.S. Dist. LEXIS 82128 (ND TX, June 13, 2012), adopting a magistrate’s recommendations (2012 U.S. Dist. LEXIS 81790, May 17, 2012) and Brown v. Texas Department of Criminal Justice. Department of Criminal Justice ID, 2012 U.S. Dist. LEXIS 82086 (ND TX, June 13, 2012), adopting a magistrate’s recommendations (2012 U.S. Dist. LEXIS 81782, May 17, 2012).
In State v. Kennedy, (TN Ct. Crim. App., June 12, 2012), a Tennessee state appeals court upheld the constitutionality of a condition of lifetime community supervision that had been imposed on defendant, a sex offender, even though the condition, among other things, limited his ability to attend church.
In Sims v. Wegman, 2012 U.S. Dist. LEXIS 82813 (ED CA, June 13, 2012), a California federal magistrate judge allowed a Nation of Islam inmate to proceed with his free exercise and RLUIPA claims. Plaintiff contended that he was denied access to a kosher diet, the only religious diet offered that conformed with his religious beliefs.
In Palermo v. Van Wickler, 2012 U.S. Dist. LEXIS 82476 (D NH, June 13, 2012), a New Hampshire federal magistrate judge allowed a pre-trial detainee who is a member of the Asatru religion to proceed with his claims that he has been denied access to a religious diet, group worship with an Asatrú clergyperson, religious items, and religious literature.