Howard Friedman, Religion Clause
In Rich v. Secretary, Florida Department of Corrections, (11 Cir., May 14, 2013), the 11th Circuit sent back for trial a Jewish prisoner’s challenge under RLUIPA to Florida’s refusal to provide him with kosher meals.
In Watkins v. Rogers, (10th Cir., May 17, 2013), the 10th Circuit dismissed a damage claim by a former federal prisoner who alleged that when he was moved to a federal transfer center a correctional officer with whom he had a history of disputes refused to serve him a common fare or vegetarian diet at one meal.
In Spivey v. Love, 2013 U.S. Dist. LEXIS 67530 (SD IL, May 10, 2013), an Illinois federal district court adopted in part a magistrate’s recommendation (2013 U.S. Dist. LEXIS 68478, March 21, 2013) and permitted an inmate who complained that he had been unable to change his records to correctly reflect his religion as Reform Judaism to move forward against some of the defendants he named.
In Talley v. Womack, 2013 U.S. Dist. LEXIS 67442 (WD KY, May 10, 2013), a Kentucky federal district court dismissed a Muslim inmate’s complaint that corrections officers on one occasion told his friend to leave Muslim religious services.
In Colletti v. Arpaio, 2013 U.S. Dist. LEXIS 67686 (D AZ, May 10, 2013), an Arizona federal district court dismissed an inmate’s complaint that he was not permitted to keep his religious medallion.
In Porter v. Wegman, 2013 U.S. Dist. LEXIS 67959 (ED CA, May 9, 2013), a California federal magistrate judge permitted an inmate who is a member of the House of Yahweh religion to move ahead with his free exercise, RLUPA and equal protection claims growing out of alleged denials of reasonable accommodations for observing HOY Passover and of access to the Jewish Kosher Diet Program.
In Montgomery v. Hall, 2013 U.S. Dist. LEXIS 69213 (SD NY, May 15, 2013), a New York federal magistrate judge held that insofar a a Muslim inmate was asserting a free exercise complaint about being strip searched, there was no showing of a burden on his religious beliefs.
In Munoz v. Tilton, 2013 U.S. Dist. LEXIS 69330 (ND CA, May 15, 2013), a California federal district court dismissed as moot a complaint by an inmate that at his former prison facility he was not allowed to have Christian CDs that had been mailed to him because they did not come from an approved vendor.
In Guillory v. Ellis, 2013 U.S. Dist. LEXIS 68752 (ND NY, May 14, 2013), a New York federal district court adopted a magistrate’s recommendations (2013 U.S. Dist. LEXIS 69183, April 3, 2013) and permitted an inmate to move ahead with his free exercise and RLUIPA complaints that on two occasions he was not permitted to attend religious services for invalid reasons, including retaliation for filing a grievance. On another occasion plaintiff’s meeting with rabbis was cut short. Plaintiff’s equal protection claim was dismissed without prejudice.
In Lisasuain v. Hillsborough County Department of Corrections, 2013 U.S. Dist. LEXIS 70403, (D NH, May 17 2013), a New Hampshire federal district court adopted a magistrate’s recommendation (2013 U.S. Dist. LEXIS 70425, May 6, 2013), and dismissed a complaint by an inmate that while he was on suicide watch he was allowed access to his Bible and rosary beads only one hour per day.
In Weathers v. Rock, 2013 U.S. Dist. LEXIS 69828 (ND NY, May 16, 2013), a New York federal district court adopted a magistrate’s recommendation (2013 U.S. Dist. LEXIS 70058, April 23, 2013), and refused to dismiss a Jewish inmate’s claim that his rights were violated when authorities refused to provide him with seder meals at Passover in his cell in the special housing unit, even if he was not allowed to attend seders with other inmates.