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25 Sep 2011, 8:28 am by Howard Friedman
However the court permitted plaintiffs to proceed with complaints regarding withholding or confiscation of separatist and Nazi literature.In Moussazadeh v. [read post]
3 Nov 2013, 12:40 pm by Howard Friedman
LEXIS 155108 (D MD, Oct, 28, 2013), a Maryland federal district court dismissed complaints by an inmate who is a member of the Moorish Science Temple of America that his headdress was confiscated on four occasions, that his ability to participate in the Ramadan fast was interfered with, and that his request to celebrate his religious holiday was denied.In Blackwell v. [read post]
15 Dec 2013, 11:00 am by Howard Friedman
LEXIS 173437, Nov. 15, 2013) that an inmate be allowed to move ahead with his claim that correctional officers confiscated religious texts from his cell.In McDaniels v. [read post]
8 May 2016, 8:12 am by Howard Friedman
LEXIS 59862 (WD NC, May 5, 2016), a North Carolina federal district court dismissed a Christian inmate's complaint that his Bible was confiscated under jail policies that barred possession of books without covers, and that he was not permitted to take his Bible during transfers between jails. [read post]
1 Jan 2017, 1:52 pm by Howard Friedman
LEXIS 179948 (ND CA, Dec. 29, 2016), a California federal district court permitted an inmate who is a minister affiliated with the United Kings Against Genocidal Environments religious community to move ahead with his claim that his group's religious material was confiscated and that he was told he could not assemble in the prison chapel until he changes his "religious ideology," as well as the name of his group. [read post]
20 Nov 2016, 6:00 am by Howard Friedman
LEXIS 159016 (ED CA, Nov. 15, 2016), a California federal magistrate judge refused to allow an inmate to amend his complaint to add a claim that a corrections officer poured bleach over his prayer rug and then confiscated it in retaliation for his filing this lawsuit.In Feiger v. [read post]
17 Jan 2016, 6:00 am by Howard Friedman
He was also given leave to amend his complaint regarding alleged strip searching and confiscation of his religious materials because of his faith.In Harris v. [read post]
3 Mar 2019, 4:50 pm by Howard Friedman
LEXIS 27928 (ED CA, Feb. 20, 2019), a California federal magistrate judge recommended dismissing an inmate's complaint that his Sikh head covering was confiscated on two occasions.In Dewitt v. [read post]
20 Sep 2015, 7:27 am by Howard Friedman
LEXIS 124998 (D CO, Sept. 17, 2015), a Muslim inmate complained that authorities confiscated his only kufi, while prison officials contended that they took a second kufi which he was not entitled to keep under prison regulations. [read post]
24 Feb 2013, 7:00 am by Howard Friedman
LEXIS 19638 (ED CA, Feb. 13, 2013), a California federal magistrate judge recommended dismissing plaintiff's complaint that his rights were violated when authorities denied him the ability to purchase and personally possess certain religious items approved for group use by Wiccans, and when they confiscated and destroyed several of his religious items including ceremonial wands, a crystal and chalices.In Shoemaker v. [read post]
14 Feb 2016, 6:25 am by Howard Friedman
LEXIS 16432 (ED CA, Feb. 9, 2016), a California federal magistrate judge recommended dismissing without prejudice for failure to exhaust internal remedies the complaints by a Native American inmate regarding lack of religious services, confiscation of his sacred pipe, sweat lodge access, ceremonial tobacco use, and lack of access to a Native American spiritual advisor, as well as retaliation and lack of protection claims.In Casey v. [read post]
23 Mar 2014, 6:00 am by Howard Friedman
., March 18, 2014), the 10th Circuit held that a federal district court wrongly dismissed as frivolous a Christian inmate's RLUIPA, 1st Amendment and retaliation claims growing out his suspension from the prison's "Praise Team" choir after choir music binders he kept in his cell were confiscated, and he filed a grievance over the incident.In Oliver v. [read post]
28 Feb 2016, 5:00 am by Howard Friedman
LEXIS 21810, Feb. 2, 2016)  and permitted a Native American inmate to move ahead with his free exercise and equal protection challenges to confiscation and desecration of his medicine bag.In Johnson v. [read post]
10 Mar 2013, 10:52 am by Howard Friedman
LEXIS 27833 (ED CA, Feb 28, 2013), a California federal magistrate judge recommended allowing a Jewish inmate to move ahead with his claims that his kippahs and tallit were confiscated and destroyed and that he was denied chapel access on one day.In Pittman-Bey v. [read post]
24 Dec 2017, 12:34 pm by Howard Friedman
LEXIS 210517 (ED CA, Dec. 21, 2017), a California federal magistrate judge recommended allowing a former inmate to move ahead with his complaint regarding a retaliatory cell search, but dismissed with leave to amend his complaint regarding damage to and confiscation of his prayer rug.In Davis v. [read post]
2 Jul 2017, 6:02 pm by Howard Friedman
LEXIS 97763 (D NV, June 23, 2017), a Nevada federal magistrate judge recommended refusing to dismiss a claim by a Jewish inmate that an officer threatened to throw him in the hole, confiscated his meal and placed him in a holding cell because he was leaving the culinary to eat his Passover meal, which he contends is religiously required.In Nance v. [read post]
14 Sep 2014, 6:22 am by Howard Friedman
LEXIS 122602 (ED NC, Sept. 3, 2014), a North Carolina federal district court permitted a Wiccan inmate to proceed with his complaint about a policy that tarot cards are only for personal use, confiscation of his homemade religious items, a prohibition on his practicing sacred Esbats and denial of corporate worship.In Vigil v. [read post]
17 Aug 2014, 8:00 am by Howard Friedman
LEXIS 112877 (D CO, Aug. 14, 2014), a Colorado federal district court dismissed on qualified immunity grounds a Muslim inmate's religious objections to a strip search by a female officer, but permitted plaintiff to move ahead with his challenge to the confiscation of his kufi and his claim for punitive damages.In Depaola v. [read post]
5 Oct 2014, 11:02 am by Howard Friedman
LEXIS 137297 (ED WI, Sept. 27, 2014), a Wisconsin federal district court allowed an inmate to challenge the confiscation of his two folders of religious material and more broadly an unofficial policy that disfavors Nation of Islam as a religion, as well as retaliation against him for his earlier role in getting NOI recognized as a religion.In Covington v Annucci, 2014 N.Y. [read post]
20 Dec 2015, 6:30 am by Howard Friedman
LEXIS 168837 (ND N Y, Dec. 16, 2015), a New York federal magistrate judge recommended dismissing an inmate's complaint that authorities confiscated his gold cross and chain and would not allow him to designate his religion as both Nation of Islam and Catholic under rules that allow only one designated religion at a time. [read post]