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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Mitchell v. Department of Corrections, 2008 U.S. Dist. LEXIS 44752 (SD FL, Jun 6, 2008), a Florida federal district judge adopted a magistrate's recommendation to transfer venue to the Northern District of Florida in a prisoner's case that, among other things, alleged free exercise and RLUIPA violations. The RLUIPA claim challenges Florida Department of Corrections discontinuation of the Jewish Dietary Accommodation Program.

In Hudson v. Jabe, 2008 U.S. Dist. LEXIS 43019 (ED VA, June 2, 2008), a Virginia federal court ordered a pro se plaintiff to particularize his Free Exercise, RLUIPA and equal protection allegations regarding a Virginia prison's refusal to recognize The Nation of Gods and Earth as a separate religious group, the prison's classification of the group as a gang, and the prison's refusal to permit inmates to possess certain religious literature and to practice their religion outside of their cells.

In Gipbsin v. Kernan, 2008 U.S. Dist. LEXIS 41596 (ED CA, May 5, 2008), a California federal magistrate judge dismissed a prisoner's free exercise claim against certain of the defendants because plaintiff had not alleged a connection between those defendants' acts and any constitutional deprivation which he suffered.

Full post as published by Religion Clause on June 13, 2008 (boomark / email).