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Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Searles v. Werholtz, 2009 U.S. Dist. LEXIS 79719 (D KS, Sept. 2, 2009), a Kansas federal district court granted a prison food service provider's motion for summary judgment, finding that plaintiff had not produced evidence he was denied a properly prepared kosher diet.

In Sosa v. Lantz, 2009 U.S. Dist. LEXIS 79677 (D CT, Sept. 2, 2009), a Connecticut federal district court, finding little likelihood of success on the merits, refused to grant a preliminary injunction to an inmate who alleged that authorities forced him "to participate and support the Muslim religion" by assigning him to a cell with a Muslim prisoner who prayed aloud five times each day.

In Henderson v. Kennell, 2009 U.S. Dist. LEXIS 80752 (CD IL, Sept. 4, 2009), an Illinois federal district court rejected an inmate's claim that his free exercise rights were violated when the prison chaplain refused to permit him to change his religion from Christianity to Al-Islam, after previously changing it from Al-Islam to Christian. the court held that the prison: "has obvious reasons for preventing inmates from switching religions frequently and without following the specified rules. Correctional facilities have limited resources and must be able to plan on the number of inmates who may participate in religious services and holidays as well as those which require a specific religious diet."

In Collins v. Sisto, 2009 U.S. Dist. LEXIS 81318 (ED CA, Sept. 8, 2009), a federal magistrate judge permitted plaintiff to move ahead with his claim that his First Amendment rights were violated when prison authorities refused to provide him, as a Muslim, with kosher instead of vegetarian meals. However the court held that defendants had qualified immunity as to the same claim under RLUIPA because at the time it was not clearly established that RLUIPA guaranteed this right.

In Mouton v. Gold, 2009 U.S. Dist. LEXIS 81928 (ED OK, Sept. 9, 2009), an Oklahoma federal district court held that jail officials did not violate plaintiff's free exercise rights when they refused to provide him a copy of the Qur'an that he wanted not because he was a Muslim, but simply because he had a general interest in reading it.

In Thornton v. Hill, 2009 U.S. Dist. LEXIS 81651 (WD OK, May 27, 2009), an Oklahoma federal magistrate judge allowed a pre-trial detainee to move ahead with his complaint that authorities confiscated two Bibles and other Christian literature from his cell.

In Slice v. Ferriter, 2009 U.S. Dist. LEXIS 81934 (D MT, May 27, 2009), a prisoner complained she was required to participate in a faith-based "Therapeutic Community" program. A Montana federal magistrate judge recommended that the claim be dismissed because plaintiff had already lost her challenge on the same matter before the Montana Human Rights Bureau and had failed to appeal that decision.

Full post as published by Religion Clause on September 13, 2009 (boomark / email).