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Recently Available Prisoner Free Exercise Cases

By Howard M. Friedman

In Meyer v. Wisconsin Department of Corrections, 2008 U.S. Dist. LEXIS 51362 (WD WI, July 3, 2008), a Wisconsin federal distict court permitted an inmate who claimed to be an "hereditary shaman" to proceed on his RLUIPA claim alleging that his religious exercise was substantially burdened when officials refused his request for prayer beads.

In Copenhaver v. Burnett, 2008 U.S. Dist. LEXIS 53040 (ED MI, July 11, 2008), a Michigan federal district judge agreed with a magistrate's recommendation to dismiss a Jewish inmate's claim that in 2006 he was prevented from celebrating a Passover Seder. In ordering dismissal the judge accepted some, but not all, of the magistrate's conclusions.

In Brown v. D.O.C. PA, (3rd Cir., Feb 19, 2008), decided several months ago, the U.S. 3rd Circuit Court of Appeals agreed with the district court that an inmate had not shown that he was placed in solitary confinement in retaliation for his religious beliefs. It also rejected plaintiff's First Amendment claim arising from authorities taking from him a newspaper published by the Five Percenters (Nation of Gods and Earths).

Full post as published by Religion Clause on July 22, 2008 (boomark / email).