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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Smith v. Kyler, (3d Cir., Oct. 9, 2008), the U.S. 3rd Circuit Court of Appeals upheld the policy of the Pennsylvania Department of Corrections to provide chaplains only for the largest major faith groups and to prohibit group worship by others unless a volunteer faith group leader could be found. The court rejected free exercise, equal protection and RLUIPA challenges brought by a Rastafarian prisoner who wished to attend weekly services.

In Vann v. Hernandez, 2008 U.S. Dist. LEXIS 80272 (ED CA, Oct. 6, 2008), a California federal magistrate judge recommended that an inmate be permitted to proceed with his claims that correctional officers used excessive force against him and trashed his cell at least in part because he is Jewish, and that they retaliated against him based on his religion. However the court found no allegations supporting a free exercise claim.

In Torres v. Snyder, 2008 U.S. Dist. LEXIS 80749 (ED CA, Sept. 23, 2008), a California federal magistrate judge dismissed for lack of supporting factual allegations a free exercise claim brought by a prisoner who complained that correctional staff refused to believe that he is white.

In Moro v. Winsor, 2008 U.S. Dist. LEXIS 71705 (SD IL, Sept. 22, 2008), an Illinois federal district court accepted in part and rejected in part a magistrate's recommendations (2008 U.S. Dist. LEXIS 82525, Aug. 5, 2008) in a case brought by a Gnostic Catholic prisoner. Plaintiff alleged delays in receiving religious materials, denial of the opportunity to gather in the chapel or on religious feast days, and prohibition of certain religious items, as well as other violations. The court found that issues of fact remain for determination in plaintiff's free exercise and RLUIPA claims against certain of the defendants, and that some claims for injunctive relief are not moot even though he has been moved to a different facility.

Full post as published by Religion Clause on October 19, 2008 (boomark / email).