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

Religion & Law

: Religion Clause

Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Heleva v. Kramer, (3d Cir., May 22, 2009), the U.S. 3rd Circuit Court of appeals rejected a free exercise and RLUIPA claim by an inmate who alleged that for eight months authorities deprived him of two books on spirituality and prayer sent by his sister.

Moriarty v. Rendell, 2009 U.S. Dist. LEXIS 44100 (MD PA, May 26, 2009), involves an inmate's claim that he was required to attend a religious-based 12-step drug and alcohol treatment program as a condition of parole. In this decision, a Pennsylvania federal district court adopted a magistrate's report and dismissed certain 1st, 8th and 14th Amendment claims relating to the required attendance.

In Colon v. Passaic County, 2009 U.S. Dist. LEXIS 45151 (D NJ, May 27, 2009), a New Jersey federal district court certified all persons who are or will become incarcerated at the Passaic County Jail during the pendency of the lawsuit as the appropriate class to bring a number of claims, including alleged restriction on religious freedom.

In Rouser v. White, 2009 U.S. Dist. LEXIS 45171 (ED CA, May 15, 2009), a California federal district court, in a lengthy opinion, allowed plaintiffs to move forward on many of their RLUIPA, free exercise clause, establishment clause and equal protection challenges to a prison's restrictions on various Wiccan religious practices.

Full post as published by Religion Clause on June 05, 2009 (boomark / email).