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Recent Prisoner Free Exercise Litigation

By Howard M. Friedman

In Massingill v. Livingston, (5th Cir., May 8, 2008), the U.S. 5th Circuit Court of Appeals upheld a trial court's rejection of free exercise and RLUIPA claims by a prisoner who was a member of the Israyl Identity faith. Plaintiff had challenged the prison's grooming requirements, wanted to be kept separate from prisoners of other races, and wanted his Saturday meals delivered on Friday. In his appeal, plaintiff unsuccessfully raised several evidentiary issues. (See prior related posting.)

In Blast v. Fischer, 2008 U.S. Dist. LEXIS 36318, (WD NY, May 5, 2008), a New York federal magistrate judge refused plaintiff prisoner's request to appoint an expert witness to testify in his RLUIPA case about the Santeria religion and Western Cultural African Yoruba. The court said that the main issue is the sincerity of plaintiff's beliefs, not the objective importance of a particular practice within his faith system.

In El-Tabech v. Clarke, 2008 U.S. Dist. LEXIS 36793, (D NE, May 5, 2008), a Nebraska federal district court awarded $196,605 in attorneys' fees and $8,380 in costs against defendants in a lawsuit in which a Muslim prisoner won his claim to receive a kosher diet, and his request that the prayer schedule be posted so that guards are aware of it. In awarding the fees, the court said: "Significant and complicated constitutional issues and statutory issues were adjudicated and El-Tabech vindicated not only his own rights, but those of similarly situated prisoners." (See prior related posting.)

In Lakhumna v. Friel, 2008 U.S. Dist. LEXIS 37859, (D UT, May 8, 2008), a Utah federal district judge permitted a prisoner to proceed against most of his named defendants in a lawsuit claiming that authorities failed to accommodate his Hindu dietary requirements, and that Hindu inmates are not given the same access to the prison chapel as are others.

Full post as published by Religion Clause on May 11, 2008 (boomark / email).