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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Gladson v. Iowa Department of Corrections, (8th Cir., Jan. 8, 2009), the U.S. 8th Circuit Court of Appeals held that no substantial burden was placed on religious practices of Wicca prisoners when they were given only three hours to celebrate the Wiccan Samhain holiday. The Iowa Independent reported on the decision.

In Ventura v. Felts, 2008 U.S. Dist. LEXIS 104741 (ND TX, Dec. 30, 2008), a Texas federal district court accepted a magistrate's recommendation to dismiss as frivolous a prisoner's claim that his free exercise rights were violated because he was denied access to a sweat lodge.

In Ekdahl v. Ayers, 2008 U.S. Dist. LEXIS 104884 (ND CA, Dec. 12, 2008), a prisoner sought federal habeas corpus relief, challenging on various grounds state authorities' denial of his request for parole. One of his claims was that his free exercise rights were violated when he was required to attend Alcoholics Anonymous. The court concluded that the state court was reasonable in concluding that the prisoner had alternative self-help programs available to him.

In Martin v. Roche, 2009 U.S. Dist. LEXIS 111 (CD CA, Jan. 5, 2009), a California federal magistrate judge dismissed for a second time a Muslim prisoner's claim that his free exercise rights were violated when he was denied a Quran, a towel to use as a prayer rug and food meeting his religious dietary requirements. He continued to fail to allege various elements to show a valid claim. The court also dismissed his equal protection claim growing out denial of food meeting his religious needs, but with leave to file an amended complaint as to this count.

In Jones v. Blanas, 2008 U.S. Dist. LEXIS 105930 (ED CA, Dec. 30, 2008), a California federal magistrate judge recommended that a civil detainee be permitted to proceed with his free exercise claim. Plaintiff alleged that while in administrative segregation he was not permitted to attend Christian religioius services and Bible study groups.

In Kanda v. McAnelly, 2008 U.S. Dist. LEXIS 106033 (ED CA, Dec. 24, 2008), a California federal magistrate judge dismissed a prisoner's free exercise claim because he had failed to allege a substantial burden on his religious practice when he was denied the right to go to chapel once and was served meat on four separate occasions.

Full post as published by Religion Clause on January 11, 2009 (boomark / email).