Recent Prisoner Free Exercise Cases

In Chernetsky v. Nevada, 2014 U.S. Dist. LEXIS 29571 (D NV, March 7, 2014), a Nevada federal district court adopted in part and rejected in part a magistrate's recommendations (2014 U.S. Dist. LEXIS 29574, Jam 17, 2014) and rejected a Wiccan inmate's complaint that he was barred from possessing certain religious property and engaging in various Wiccan rituals.  However the court held that, while authorities are not required to build a new sweat lodge for plaintiff, he should be permitted to use an existing one on terms comparable to those for Native American use.In Debarr v. Carpenter, 2014 U.S. Dist. LEXIS 29588 (D NV, March 6, 2014), a Nevada federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 29580, Jan. 13, 2014) and dismissed plaintiff's claim that he was retaliated against for protesting flattening of religious grounds used by pagan inmates. The court also concluded that disciplinary action and transfer because of the coordinated action by pagan inmates in filing over 300 grievances in less than a month was proper.In Robinson v. Crutchfield, 2014 U.S. Dist. LEXIS 30660 (SD OH, March 10, 2014), an Ohio federal district court denied a temporary restraining order to a Muslim inmate who sought halal meals that include meat rather than the prison's vegetarian diet provided to those who request halal meals.In Conway v. Purves, 2014 U.S. Dist. LEXIS 30255 (ED MI, March 10, 2014), a Michigan federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 30767, Feb. 12, 2014) and permitted Muslim plaintiffs to move ahead with their complaint over the nutritional adequacy of the meals provided during Ramadan.In Incumaa v. Stirling, 2014 U.S. Dist. LEXIS 31559 (D SC, March 11, 2014), a South Carolina federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 185985, Sept. 24, 2013) and dismissed plaintiff's claim that his religious exercise and due process rights were violated when prison officials designated Nation of Gods and Earths (Five Percenters) a security threat group.In Johnson v. Solomon, 2014 U.S. Dist. LEXIS 32025 (WD NC, March 12, 2014), a North Carolina federal district court permitted an inmate to proceed with his claim that he is being denied a kosher diet that complies with his Hebrew Israelite beliefs.In Njos v. Carney, 2014 U.S. Dist. LEXIS 32812 (MD PA, March 11, 2014), a Pennsylvania federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 32092, Feb. 19, 2014) and permitted plaintiff who claims to be Jewish to move ahead with his complaint that he was removed from the kosher diet progran and that he was not given adequate amounts of  juice and matzo for use in his Sabbath ritual.In Coward v. Jabe, 2014 U.S. Dist. LEXIS 32128 (ED VA, March 10, 2014), a Virginia federal district court upheld prison officials' decision to classify Nation of Gods and Earths as a gang rather than a religion, and their confiscation of of certain NGE publications from plaintiff's mail.In Smith v. Perlman, 2014 U.S. Dist. LEXIS 32362 (ND NY, March 13, 2014), a New York federal district court adopted a magistrate's recommendations (2014 U.S. Dist. LEXIS 32554, Feb. 18, 2014) and dismissed a Mulsim inmate's complaint that he was denied a combined halal and therapeutic diet, hat he could not attend religious services while in keeplock, and that he was allowed only one family participation event per year.USA Today reports on the Iowa Department of Corrections settlement of a lawsuit earlier this month in which it agreed, after a federal magistrate's decision in plaintiff's favor, to provide an inmate who is an adherent of Bochasanwasi Shri Akshar Purushottam Swaminarayan (a Hindu sect) with prepackaged food that is free of contact with pots, pans or utensils that had previously touched meats, eggs, mayonnaise, onions or garlic.