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Recent Prisoner Free Excercise Cases

By Howard M. Friedman

In Busick v. Neal, (5th Cir., May 26, 2010), the 5th Circuit rejected an inmate's claim that that county policy requiring inmates to receive all magazines and books from a single publisher violated his rights to religious freedom because the publisher did not offer free bibles to inmates while other organizations did.

In Muhammad v. Williams-Hubble, (11th Cir., May 28, 2010), the 11th Circuit reversed the district court and permitted an inmate to proceed with his charges that in seeking prison employment his high school diploma was rejected because he is a Muslim.

In Ali v. Quarterman, (5th Cir., May 28, 2010), the 5th Circuit held that the Texas federal district court erred in denying a motion for a preliminary injunction from a Muslim inmate seeking to wear a beard and a kufi. The trial court failed to set out findings of fact and conclusions of law. The trial court also erred in its administrative closure of the case.

In Wright v. Hedgpeth, 2010 U.S. Dist. LEXIS 54592 (ND CA, May 10, 2010), a California federal district court held that an inmate's complaint that he was denied a Halal diet and that various Muslim religious services were cancelled stated a cognizable free exercise claim. It dismissed his claim that officials placed his Qu'ran in a pile of dirt, and that he was searched by a female guard in violation of his religious principles.

In Sivori v. Sparkman, 2010 U.S. Dist. LEXIS 54222 (ND MI, June 2, 2010), a Mississippi federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 54227, May 13, 2010). and permitted an inmate who is a membe of the House of Yaweh to proceed with claims that he was denied a kosher diet and that the Postal Inspection Service blocked his receiving a kippah.

In Matlock-Bey v. Ringwood, 2010 U.S. Dist. LEXIS 54418 (ED AR, June 1, 2010), a federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 54302. May 10, 2010) and dismissed a complaint by a Muslim inmate over the serving of meat products containing pork additive on several occasions.

In Hernandez v. Arizona Department of Corrections, 2010 U.S. Dist. LEXIS 53236 (D AZ, May 6, 2010), an Arizona federal district court concluded that an inmate failed to state a free exercise claim in his complaint that food items were missing from his trays.

In Cosco v. Lampert, (WY Sup. Ct., April 10, 2010), the Wyoming Supreme Court rejected an inmate's claim that his leather cover for his satanic bible with a satanic medallion, as well as a medallion of Baphomet, were destroyed or went missing after he was transferred to a Nevada prison which went the items back to Wyoming.

Full post as published by Religion Clause on June 06, 2010 (boomark / email).