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Recent Prisoner Free Exercise Cases

By Howard Friedman

In Gelford v. Frank, (7th Cir., March 12, 2008), the U.S. 7th Circuit Court of Appeals agreed with prison authorities that they could deny Wiccan plaintiffs the right to acquire tarot cards, runes, Ogham sticks, pendulums, scrying mirrors, and I Ching coins or sticks. the cour said there was no evidence that the requested religious items are significant enough to Wiccans that being denied access would impose a substantial burden on their religious exercise.

In Atomanczyk v. Quarterman, 2008 U.S. Dist. LEXIS 27842 (ND TX, April 3, 2008), a Texas federal district court rejected Free Exercise, RLUIPA and equal protection claims by an inmate who identified himself as a "Religious Consciencious Adherant." He complained that prison rules require him to shave his beard and cut his hair; and deny him eligibility for a "special religious transfer" based on his custody classification.

In Nolley v. County of Erie, 2008 U.S. Dist. LEXIS 27686 (WD NY, March 31, 2008), a New York federal district court rejected claims by plaintiff that her Free Exercise rights were violated while she was held as a pre-trial detainee. She claims that on six occassions, she was denied the opportunity to attend church services and bible study. the court held that plainitff's complaint failed to allege the elements of a First Amendment claim.

In Sharp v. Johnson, 2008 U.S. Dist. LEXIS 29360 (WD PA, April 7, 2008), in a lengthy opinion a Pennsylvania federal magistrate judge rejected on a variety of procedural and substantive grounds plaintiff's complaint that prison authorities refused to separately recognize and accommodate a break-away group of some 50 Sunni Muslim prisoners who claimed that their Ahlus Sunnati wal Jama'ah sect differed in beliefs and practices from the recognized Sunni group of Muslim prisoners.

In Hernandez v. Mera, 2008 U.S. Dist. LEXIS 29596 (SD FL, March 4, 2008), a Florida federal magistrate judge recommended rejection of plaintiff's complaint that administrative confinement inmates are prohibited from participating in any religious programs or church services. The court held that plaintiff failed to name any individual responsible for the claimed denials.

Chabad.org News reported on Sunday that Vermont has settled Bock v. Gold, a suit brought by a Jewish prisoner who had been denied kosher food and various items to celebrate the holidays of Passover, Hanukkah and Purim. Last November, a federal magistrate judge ruled that plaintiff's free exercise claim for punitive damages could move ahead. In the settlement, the state agreed to pay damages of $25,000, change its religious practice rules for prisons (see prior posting), and rely for Jewish prisoners on recommendations of the Aleph Institute.

Full post as published by Religion Clause on April 15, 2008 (boomark / email).