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Recent Prisoner an Institutional Free Exercise Cases

By Howard M. Friedman

In Desimone v. Bartow, 2008 U.S. Dist. LEXIS 97271 (MD GA, Oct. 27, 2008), a Georgia federal district court refused a request to appoint counsel in a pro se case in which plaintiff, confined in a mental health Department of Corrections facility, alleged that his free exercise rights were violated by authorities denying him the ability to write in a language he refers to as "Atlantean." (See prior related posting.)

In Hawkins v. Ferriter, 2008 U.S. Dist. LEXIS 98220 (D MT, Dec. 4, 2008), a Montana federal district court dismissed a prisoner's free exercise claim against Montana Governor Brian Schweitzer. Plaintiff had alleged that the Governor holds authority over the workings of the Montana State Prison and harbors "anti-Catholic feelings."

In Marr v. Foy, 2008 U.S. Dist. LEXIS 97891 (WD MI, Dec. 3, 2008), a Michigan federal district judge affirmed a federal magistrate's order denying plaintiff prisoner's motion for appointment of counsel in a suit alleging free exercise and RLUIPA violations. The suit alleges that in retaliation for his requesting kosher food, authorities assigned plaintiff to work as a "midnight porter" which interfered with his daytime religious study and worship.

CBN News reports (Dec. 4) that the ACLU of New Jersey has filed a lawsuit against New Jersey prison authorities on behalf of inmate Howard N. Thompson Jr., an ordained Pentecostal minister, challenging a 2007 ban imposed by the New Jersey Corrections Department on preaching by inmates.

Full post as published by Religion Clause on December 07, 2008 (boomark / email).