Howard Friedman, Religion Clause

In Furr v. Kelley, 2018 U.S. Dist. LEXIS 43468 (ED AR, March 16, 2018), an Arkansas federal magistrate judge recommended dismissing claims by a Native American inmate that he was denied various ceremonial objects and a religious adviser.

In Burley v. Abdellatif, 2018 U.S. Dist. LEXIS 44187 (ED MI, March 19, 2018), a Michigan federal district court adopted a magistrate’s recommendations (2018 U.S. Dist. LEXIS 44390, Jan. 26, 2018) and dismissed a number of claims but allowed an inmate to move ahead with his claim that the prison physician violated his 1st Amendment protection against retaliation by refusing to treat him because he is Jewish.

In Maye v. Klee, 2018 U.S. Dist. LEXIS 44188 (ED MI, March 19, 2018), a Michigan federal district court adopted a magistrate’s recommendations (2018 U.S. Dist. LEXIS 44618, Jan.24, 2018) and granted a Nation of Islam inmate summary judgment on his complaint that the prison chaplain did not permit him to participate in Eid al-Fitr celebrations. He was allowed to move ahead with a free exercise claim against one other defendant.  Supplemental briefing was ordered on the issue of damages.

In Le Bourgeois v. Wolf, 2018 U.S. Dist. LEXIS 44990 (ED WI, March 19, 2018), a Wisconsin federal district court dismissed an inmate’s complaint that his religious book was seized and destroyed. He was allowed to move ahead with various other claims.

In Goff v. Todd, 2018 U.S. Dist. LEXIS 46294 (ED LA, March 21, 2018), a Louisiana federal district court adopted a magistrate’s recommendation (2018 U.S. Dist. LEXIS 47329, Feb. 27, 2018) and in a suit by a Muslim inmate ordered that defendants file further pleadings explaining the prison policy that prevents plaintiff from wearing kufi caps.

In Adams-Bey v. Rogers, 2018 U.S. Dist. LEXIS 46307 (WD NC, March 21, 2018), a North Carolina federal district court dismissed (unless an amended complaint is filed) a suit by an inmate claiming that he was discriminated against and insulted based on his Moorish-American religion, that his religious material was confiscated and his religion was classified as a security threat group.

In Booker v. Engelke, 2018 U.S. Dist. LEXIS 46918 (WD VA, March 22, 2018), a Virginia federal district court allowed a Nation of Islam inmate to proceed with his complaint that his free exercise rights are infringed by limits on his access to the common fare diet, the content of that diet, the requirement that he eat his meals very quickly, and his inability to observe Eid-ul-Adha.

In Cary v. Mox, 2018 U.S. Dist. LEXIS 47078 (ED MI, March 22, 2018), a Michigan federal district court adopted in part a magistrate’s recommendations (2018 U.S. Dist. LEXIS 48417, Feb. 8, 2018) and denied a preliminary injunction sought by an inmate who is a member of the Native American Traditional Way. Plaintiff asked for a ban on prison authorities physically touching medicine bags and herbs as part of a rewrite of procedures for searching these items.

In Maciejka v. Williams, 2018 U.S. Dist. LEXIS 47474 (SD FL, March 21, 2018), a Florida federal magistrate judge recommended that a former inmate who is Catholic be allowed to proceed on a claim for nominal damages.  Plaintiff alleged that while in prison he was unable to attend group worship, celebrate certain religious holidays, obtain spiritual advice, keep religious materials and publications, or obtain religious property such as a Rosary and Scapular.

In Rivera v. Davey, 2018 U.S. Dist. LEXIS 47691 (ED CA, March 21, 2018), a California federal magistrate judge recommended dismissing a Jewish inmate’s claim that he was denied the facility chapel to practice obligatory prayers and holy day events.