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Recent Prisoner Free Exercise Cases

By Howard Friedman

In Terrero v. United States, (11th Cir., April 29, 2008), the U.S. 11th Circuit Court of Appeals rejected claims by a Jewish prisoner that his rights under the 1st Amendment and RFRA were violated when federal prison officials failed to provide him with the means to celebrate the festival of Sukkot, failed to provide him with challah bread instead of matzah crackers, and failed to contract with a rabbi to provide religious services. The Columbus (GA) Ledger-Enquirer reported on the decision last week.

In Starr v. Cox, 2008 U.S. Dist. LEXIS 34708 (D NH, April 28, 2008), a New Hampshire federal district court dismissed a prisoner's RLUIPA and 1st Amendment claims. It held that even though plaintiff raised a question of material fact as to whether the practice of Tai Chi, separate from Taoism, is part of a system of religious belief, and as to whether his beliefs are sincerely held, plaintiff failed to show that his religious exercise was substantially burdened. Even if they were, defendants demonstrated that the prison's Tai Chi restrictions serve a compelling state interest using the least restrictive means.

In Rhodes v. Alameida, 2008 U.S. Dist. LEXIS 35764 (ED CA, May 1, 2008), a California federal magistrate judge rejected free exercise, equal protection and due process challenges by a Native American inmate to the prison's confiscation and disposal of certain contraband property that plaintiff claimed had religious or spiritual significance to him.

Full post as published by Religion Clause on May 06, 2008 (boomark / email).