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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Mells v. Civigenics, Inc., (5th Cir., Oct. 3, 2008), the U.S. 5th Circuit Court of Appeals dismissed as frivolous an inmate's free exercise claim, agreeing with the district court that plaintiff had failed to exhaust his administrative remedies.

In Mitchell v. Department of Corrections, 2008 U.S. Dist. LEXIS 77624 (ED WA, Oct. 3, 2008), a Washington federal district court rejected claims by plaintiff, a Nation of Islam member, that his free exercise, RLUIPA, Establishment Clause and equal protection rights were violated by prison policies. His challenges related to the unavailability of specific NOI religious services and instruction, the ban on his wearing a colored kufi, a limitation on prayer oils, and rules relating to attendance at cultural events.

In Sullivan v. Ozmint, 2008 U.S. Dist. LEXIS 77587 (D SC, Oct. 2, 2008), a South Carolina federal district court, adopting a magistrate's recommendations, rejected complaints that Muslim inmates were allowed to pray only in common areas, and not in closed areas of the prison such as the barber shop.

In Shaw v. Norman, 2008 U.S. Dist. LEXIS 77696 (ED TX, Oct. 1, 2008), a Texas federal magistrate judge rejected dismissal of an inmate's 1st Amendment and RLUIPA claims, growing out of confiscation of his Koran, prayer rug and beads. Defendants claimed plaintiff did not have property papers for the prayer rug, the Koran had been altered with tape, and that plaintiff was improperly using the beads by wearing them around his neck.

In Johnson v. Ohio Department of Rehabilitation & Corrections, 2008 U.S. Dist. LEXIS 79483 (SD OH, Oct. 9, 2008), an Ohio federal district court permitted a Rastafarian prisoner to move ahead with his claim that subjecting him to prison grooming policies violated his 1st Amendment rights. However the court refused plaintiff's request for a temporary restraining order. (See prior related posting.)

In Muhammad v. Brumfield, 2008 U.S. Dist. LEXIS 79559 (ED CA, Oct. 6, 2008), a California federal magistrate judge ordered dismissal of a suit brought by an inmate who wished to participate in services with the Lost Found Nation of Islam. The court said plaintiff had not demonstrated any substantial burden on his religious practice.

In Wakefield v. Tilton, 2008 U.S. Dist. LEXIS 78881 (ED CA, Oct. 2, 2008), a California federal magistrate judge recommended that an inmate be permitted to proceed against one defendant with his claim that denial of a daily shower infringed his free exercise rights. The magistrate judge recommended dismissal of various other claims.

In Palermo v. White, 2008 U.S. Dist. LEXIS 80047 (D NH, Sept. 5, 2008), a New Hampshire federal magistrate judge allowed plaintiff a Wiccan, to proceed with his free exercise, RLUIPA and equal protection claims. Plaintiff alleged that as a pre-trial detainee he was denied a vegetarian diet, religious texts and religious items.

Full post as published by Religion Clause on October 12, 2008 (boomark / email).