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Recent Prisoner and Institutionalized Persons Free Exercise Cases

By Howard M. Friedman

In Ward v. Rabideau, 2010 U.S. Dist. LEXIS 77535 (WD NY, July 30, 2010), a New York federal district judge held that Jewish prisoners had raised material factual issues that preclude summary judgment of defendants on their complaint that inedible and improperly prepared food was served to inmates at Groveland Correctional Facility requesting a kosher diet. Also it held that while provision of a Jewish chaplain is not required if there is an alternative means of worship, here that condition was not met because authorities prevented Jewish inmates from having materials needed for their worship.

In Marzuq v. Albino, 2010 U.S. Dist. LEXIS 77509 (D NJ, July 29, 2010), a New Jersey federal district court dismissed an inmate's Free Exercise complaint with leave to file an amended complaint. Plaintiff claimed he was required to participate in a therapeutic community in violation of his religious beliefs for refusing to participate by having his classification status increased. However he failed to allege what religion he practices or how his beliefs were violated. His retaliation and conspiracy claims were also dismissed.

In Shiple v. Beck, 2010 U.S. Dist. LEXIS 78236 (ND OH, Aug. 2, 2010), an Ohio federal district court rejected an inmate's claim that his free exercise right were violated when a restriction on his commissary rights precluded him from buying reading glasses he needed to read his Bible.

In Alford v. Knight, 2010 U.S. Dist. LEXIS 78607 (ED NC, March 15, 2010), a North Carolina federal magistrate judge permitted plaintiff to proceed in forma pauperis with his claim that while he was residing at a Veterans Center, he was forced to participate in religious activities. He alleges he was required to sit through religious services, was punished for closing his eyes during services and refusing to comment or write religious essays.
In Damron v. Sims, 2010 U.S. Dist. LEXIS 78955 (SD OH, Aug. 5, 2010), and Ohio federal magistrate judge recommended denial of a summary judgment request that the court order accommodation of various Christian Separatist religious practices.

In Kramer v. Wisconsin Department of Corrections, 2010 U.S. Dist. LEXIS 78777 (WD WI, Aug. 3, 2010), a Wisconsin federal district court permitted an inmate to add an establishment clause claim in his lawsuit challenging a refusal of his request for certain religious items and seeking group worship with other Odinists.

In Dempsey v. Cain, 2010 U.S. Dist. LEXIS 78965 (MD LA, Aug. 4, 2010), a federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 78977, July 8, 2010) and dismissed a claim by an inmate that he was deprived of his Bible and other religious materials for several months. The court concluded that the deprivation did not create a substantial burden on plaintiff's free exercise because it did not force him to significantly change his religious behavior or beliefs.

Full post as published by Religion Clause on August 08, 2010 (boomark / email).