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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Marsh v. Florida Department of Corrections, (11th Cir., May 18, 2009), the U.S. 11th Circuit Court of Appeals rejected a free exercise challenge to a policy of the Florida Civil Commitment Center that bars plaintiff from practicing Nisei GoJu-Ryu Karate, a form of martial arts practiced by Zen Buddhists for spiritual enlightenment. The court concluded it did not have to decide whether Turner v. Safley applies to civilly committed detainees as well as those committed criminally. It concluded that even were it to apply the constitutional protections granted to non-detained individuals, the institution's martial arts ban would be upheld as a neutral and generally applicable rule.

In Florer v. Johnson, 2009 U.S. Dist. LEXIS 41960 (WD WA, May 4, 2009), a Washington federal magistrate judge granted plaintiff leave to amend his complaint to allege that that the 2004, 2006 and 2008 kosher and mainline dietary menus offered by the Washington Department of Corrections were nutritionally and religiously inadequate. It rejected defendants' claims that the amended complaints were barred by res judicata.

In Trotter v. Schwarzennegger, 2009 U.S. Dist. LEXIS 41554 (ED CA, May 5, 2009), a California federal magistrate judge dismissed a prisoner's complaint alleging a lack of religious programs at his prison.

Full post as published by Religion Clause on May 24, 2009 (boomark / email).