Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

Religion & Law

: Religion Clause

Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Allen v. Hense, 2009 U.S. Dist. LEXIS 11363 (ED CA, Feb. 3, 2009), a California federal magistrate judge concluded that a Muslim inmate had not shown a substantial burden on free exercise in alleging that he was served two meals that did not meet his religious dietary requirements and was met with racial and religious comments when he complained.

In Ashanti v. Tilton, 2009 U.S. Dist. LEXIS 11899 (ED CA, Feb. 18, 2009), a California federal magistrate judge recommended that a preliminary injunction issue requiring a Muslim prisoner to be served a kosher diet to satisfy his religious needs until a proposed Halal meat diet plan is implemented by the prison system. However the magistrate judge recommended denying relief on plaintiff's claim that separate worship space for Muslims should be provided.

In State ex rel. Myers v. Smith, (WI Ct. App., Feb. 18, 2009), a Wisconsin court of appeals affirmed a trial court's dismissal of a prisoner's complaint because it was directed at the wrong individual. In the case, a Wiccan prisoner was attempting to obtain access to a book he argued was needed for spiritual purposes, but which prison authorities claimed was pornographic. The court also agreed that his suit was frivolous and that he could not circumvent regulations by attempting to obtain the book through discovery to prepare his case.

Full post as published by Religion Clause on February 23, 2009 (boomark / email).