Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

Religion & Law

: Religion Clause

Recent Prisoner Free Exercise Cases

By Howard M. Friedman

In Diaz-Morales v. Wells, 2011 U.S. Dist. LEXIS 6208 (SD GA, Jan. 20, 2011), a Muslim inmate filed a habeas petition challenging loss of good conduct time imposed because he participated in a group boycott of religious meals. A Georgia federal magistrate judge recommended dismissal of plaintiff's free exercise, equal protection and related claims because they cannot be raised by way of habeas corpus, for failure to exhaust administrative remedies and because of lack of support on the merits for his equal protection claim.

In Hallford v. California Department of Corrections, 2011 U.S. Dist. LEXIS 5984 (ED CA, Jan. 20, 2011), a California federal magistrate judge recommended dismissing an action by a Buddhist inmate complaining of a two-year delay in being approved to receive a religiously required vegetarian diet. The court found that none of the three defendants was sufficiently involved in the claimed deprivation to be liable.

In McDaniels v. Sherman, 2011 U.S. Dist. LEXIS 6365 (WD WA, Jan. 21, 2011), a Washington federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 140316, Sept. 28, 2010) and dismissed a number of claims by Nation of Islam inmates regarding participation in Ramadan meals and forcing plaintiffs to participate in "orthodox" Muslim services. All but one claim was dismissed for failure to exhaust administrative remedies. The claim regarding denial of attendance at the 2009 Eid was dismissed on the merits.

In Kynwulf v. Sheets, 2011 U.S. Dist. LEXIS 6861 (SD OH, Jan. 25, 2011), an Ohio federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 140403, Dec. 9, 2010) and dismissed claims by a prisoner of the Asatru faith that he was kept in administrative detention for 3 weeks and berated about his faith in retaliation for his participation in lawsuits seeking accommodation of Asatru practices.

In Mubashshir v. Moore, 2011 U.S. Dist. LEXIS 6917 (ND OH, Jan. 25, 2011), an Ohio federal district court dismissed a Muslim inmate's complaint that prison officials failed to provide him regular nutritious meals consistent with his religious beliefs.

In Allah v. Virginia, 2011 U.S. Dist. LEXIS 6979 (D VA, Jan. 24, 2011), a Virginia federal district court rejected the state's claim that plaintiff failed to exhaust his administrative remedies before suing to obtain prison recognition of Nations of Gods and Earth as a religious group.

In Ross v. Hedgepeth, 2011 U.S. Dist. LEXIS 7454 (ED CA, Jan. 26, 2011), a California federal magistrate judge permitted a Muslim inmate to proceed with his 1st Amendment and RLUIPA claims against the warden complaining about prison policy that required prayer oil to be tested before it was distributed to inmates. His equal protection and Establishment Clause claims were dismissed without prejudice.

In Klein v. Department of Corrections, 2011 U.S. Dist. LEXIS 7457 (ED WA, Jan. 20, 2011), a Washington federal district court dismissed as moot an inmate's complaint seeking a temporary restraining order to prevent him from being required to participate in the Right Living program, which plaintiff claimed was religious-based. On Dec. 31 the program was eliminated for budgetary reasons.

Full post as published by Religion Clause on January 30, 2011 (boomark / email).