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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Reid v. Wiley, 2008 U.S. Dist. LEXIS 73372 (D CO, Sept. 24, 2008), a Colorado federal district court rejected a magistrate judge's recommendation that an inmate's free exercise claim be dismissed because he failed to allege what religion he practices. The court said it is well known that plaintiff is in prison specifically because he committed highly publicized acts of terrorism connected with groups claiming to espouse Islam.

In Falls v. Alton City Jail, 2008 U.S. Dist. LEXIS 72869 (SD IL, Sept. 24, 2008), a federal district judge dismissed an inmate's complaint that Islamic Imams were not allowed to visit the jail for religious services, finding that plaintiff had failed to exhaust his available administrative remedies before filing suit.

In McDowell v. Heffren, 2008 U.S. Dist. LEXIS 71677 (CD IL, Sept. 22, 2008), an Illinois federal district court rejected an inmate's claims that he was disciplined for reciting a prayer, that he was fired from his prison job on the basis of religion and race, and that his religious tape was illegally confiscated.

Full post as published by Religion Clause on September 28, 2008 (boomark / email).