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Recent Prisoner Free Excercise Cases

By Howard M. Friedman

In Sylvester v. Cain, (5th Cir., Feb. 20, 2009), the U.S. 5th Circuit Court of Appeals rejected plaintiff's claim that he was he was retaliated against on the basis of his religion when he filed a grievance. It also refused to consider a RLUIPA claim that had not been raised below.

In Barhite v. Caruso, 2009 U.S. Dist. LEXIS 13609 (WD MI, Feb. 23, 2009), a Michigan federal district court held that plaintiff inmate had not shown that his religious exercise was burdened when prison authorities removed pictures of young women from his possession. He claimed that they were taken because he was a Mormon after a Texas raid on and FLDS complex that led to removal of children.

In Jordan v. Caruso, 2008 U.S. Dist. LEXIS 98649 (WD MI, Dec. 8, 2008), a Michigan federal district court refused to dismiss free exercise claims brought by an African-American Jewish inmate who alleged that he was not excused from work on Saturdays and was not permitted to attend religious services by video conference equipment.

In Davis v. Hawaii, 2009 U.S. Dist. LEXIS 14004 (D HI, Feb. 23, 2009), an Hawaii federal magistrate judge granted defendants' motion to transfer to an Arizona federal district court a prisoner's claim that his rights were violated when Arizona prison officials prevented him from practicing his Native Hawaiian religion when they failed to hold a Makahiki closing ceremony feast.

In Corbeil v. Moore, 2009 U.S. Dist. LEXIS 14388 (WD LA, Jan. 30, 2009), a Louisiana federal magistrate judge dismissed an inmate's complaint that he was denied a kosher diet by prison authorities.

In Ahmed v. Willis, 2009 U.S. Dist. LEXIS 14245 (ED VA, Feb. 23, 2009), a Virginia federal district court dismissed plaintiff's claims under RLUIPA and the 1st Amendment challenging his removal from the Ramadan fasting list.

Full post as published by Religion Clause on March 03, 2009 (boomark / email).