Prisoner free exercise cases – July 30, 2018

Howard Friedman, Religion Clause

In Boyd v. Etchebehere, (9th Cir., July 25, 2018), the 9th Circuit affirmed the dismissal of a challenge to a California prison’s Ramadan meal policy.

In McCracken v. Godert, 2018 U.S. Dist. LEXIS 121480 (ED MO, July 20, 2018), a Missouri federal magistrate judge dismissed, unless an appropriate amended complaint is filed, a Native American inmate’s complaint that he is not being allowed to use ceremonial pipes, tobacco, and other ritual items.

In Thomas v. Delaney, 2018 U.S. Dist. LEXIS 122106 (ND NY, July 23, 2018), a New York federal district court dismissed some claims by a Rastafarian inmate of harassment and free exercise infringement, while allowing an amended complaint asserting 1st Amendment, harassment and RLUIPA claims to be filed.

In Allen v. Kunkel, 2018 U.S. Dist. LEXIS 122116 (D CT, July 22, 2018), a Connecticut federal district court dismissed for failure to exhaust administrative remedies a Moorish American inmate’s complaints about barring his obtaining a particular book and refusing to approve his ability to purchase a fez.

In Miller v. Lucas, 2018 U.S. Dist. LEXIS 122640 (MD PA, July 20, 2018), a Pennsylvania federal magistrate judge recommended dismissing an inmate’s complaint that on one occasion he was sent from the chapel back to his cell without being able to participate in religious services.

In Cejas v. Brown, 2018 U.S. Dist. LEXIS 122935 (SD CA, July 20, 2018), a California federal district court allowed a Buddhist inmate to move ahead with his claim that authorities denied weekly Buddhist services and the ability to practice meditation, chanting and prostration indoors. The court however denied joinder of other plaintiffs.

In Finefeuiaki v. Maui Community Correctional Center Staff, 2018 U.S. Dist. LEXIS 124678 (D HI, July 25, 2018), a Hawaii federal district court dismissed an inmate’s complaint that authorities could not locate his Bible, daily bread, and religious handbook during a 5-day perioid.

In Mears v. Kauffman, 2018 U.S. Dist. LEXIS 125038 (MD PA, July 26, 2018), a Pennsylvania federal district court dismissed an inmate’s complaint that after a chaplain accused him of homosexual activity, a correctional officer removed him from services and urged him not to attend services conducted by that chaplain, or not bring the other inmate with whom he allegedly has sexual contact.

In Cox v. United States, 2018 U.S. Dist. LEXIS 124412 (D MN, July 25, 2018), a Minnesota federal district court adopted a magistrate’s report (2018 U.S. Dist. LEXIS 125213, June 28, 2018), and dismissed an inmate’s complaint that a counselor told him to stop praying.

In Brown v. Ryles, 2018 U.S. Dist. LEXIS 125256 (ED AR, July 26, 2018), an Arkansas federal magistrate judge dismissed an inmate’s complaint that he was denied the right to shave in accordance with his religion.