11th Circuit: Employer Offered Reasonable Accommodation

In Patterson v. Walgreen Co., (11th Cir., March 9, 2018), the U.S. 11th Circuit Court of Appeals, in a suit alleging religious discrimination and retaliation, held that Walgreens had offered reasonable accommodations for the religious needs of a Seventh Day Adventist employee whose beliefs did not permit him to work on Saturday. The employee, a training instructor, was fired in the aftermath of his refusal to conduct an emergency training session on a Saturday.  The court said in part:

To comply with Title VII, an employer is not required to offer a choice of several accommodations or to prove that the employee’s proposed accommodation would pose an undue hardship; instead, the employer must show only “that the employee was offered a reasonable accommodation, ‘regardless of whether that accommodation is one which the employee suggested.’” ...

Walgreens decided to terminate his employment only after he failed to conduct the emergency training session, insisted that Walgreens guarantee that he would never have to work on his Sabbath, and refused to consider other employment options within the company without such a guarantee.

[Thanks to Steven H. Sholk for the lead.]

Recent Articles of Interest

From SSRN:

• Micah Schwartzman, Nelson Tebbe & Richard Schragger, The Costs of Conscience, (Virginia Public Law and Legal Theory Research Paper No. 2018-14 (March 2018)).
• Donald Carroll, A Groundless Clash of Freedoms?: The Religious Freedom of the Religiously Affiliated University and the Freedom of Faculty to Organize Under the NLRA, (March 2018).
• John D. Inazu, The Purpose (and Limits) of the University, (Utah Law Review, 2018 Forthcoming).
• Joseph E. David, 'Others-in-Law': Legalism in the Economy of Religious Differences, (Law, Culture and the Humanities, Forthcoming).
• Timothy Lubin, Towards a South Asian Diplomatics: Cosmopolitan Norms and Regional Idioms in the Use of Documents, (Studies in Historical Documents from Nepal and India, edited by Simon Cubelic, Axel Michaels, and Astrid Zotter. Heidelberg University Publishing / Kathmandu: National Archives, Nepal, 2018, pp. 37–84).
• Avishalom Westreich, Accommodating Religious Law with a Civil Legal System: Lessons from the Jewish Law Experience in Financial Family Matters, (Journal of Law and Religion, Vol. 33, 2018).
• Benito Arruñada & Matthias Krapf, Religion and the European Union, (Pompeu Fabra University, Economics and Business Working paper Series, 1601 (2018).
• Marc D. Froese, Universal Economy: Reconsidering the Role of Ideas in the Multilateral Governance of Global Trade, (March 9, 2018).
• Rory K. Little, Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn a Careful Ban, (Hastings Constitutional Law Quarterly, Vol. 45, No. 3, 2018).
• Oonagh B. Breen, Redefining the Measure of Success: A Historical and Comparative Look at Charity Regulation, (Forthcoming in Matthew Harding (ed.), The Research Handbook on Not-for-Profit Law (Edward Elgar, 2018).

From SmartCILP:

• Donohon Abdugafurova, Rahimjon Abdugafurov & Beverly Moran, Islamic Feminism and Invisible Work: The Case of the Disappearing Daughter-in-Law, [Abstract], 19 Georgetown Journal of Gender & Law 43-60 (2017).
• Marc-Tizoc Gonzalez, Criminalizing Charity: Can First Amendment Free Exercise of Religion, RFRA, and RLUIPA Protect People Who Share Food in Public?, 7 UC Irvine Law Review 291-345 (2017).

Recent Prisoner Free Exercise Cases

In Hardy v. Agee, 2018 U.S. App. LEXIS 5648 (6th Cir., March 5, 2018), the 6th Circuit reversed the district court's dismissal for failure to exhaust administrative remedies of a suit by a Muslim inmate claiming that while on room restriction he was prevented from attending religious services and classes.

In England v. Walsh, (9th Cir., March 9, 2018), the 9th Circuit upheld dismissal of claims regarding failure to list Nation of Islam in the Nevada Department of Corrections Religious Practice Manual, and furnishing an inmate a vegetarian diet to meet NOI dietary requirements.

In Ackbar v. Byers, 2018 U.S. Dist. LEXIS 36006 (D SC, March 5, 2018), a South Carolina federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 37278, Jan. 22, 2018) and dismissed a complaint by an inmate that his Nation of Gods and Earths material was confiscated.

In Duncan v. Lay, 2018 U.S. Dist. LEXIS 35213 (ED AR, March 5, 2018), an Arkansas federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 36288, Feb. 14, 2018) and allowed an inmate to move ahead with his complaint that he has been denied access to the chapel library.

In Broyles v. Presley, 2018 U.S. Dist. LEXIS 36190 (D KA, March 6, 2018), a Kansas federal district court dismissed a suit alleging lack of kosher food brought by an inmate who says he practices the Jewish faith, Yahweh Assembly in Yahshua.

In Goddard v. Alexakos, 2018 U.S. Dist. LEXIS 36322 (ED KY, March 6, 2018), a Kentucky federal district court dismissed an inmate's complaint that the federal medical center at which he was confined only offered a general Christian religious service and would not provide a separate service for "The Way" (a non-Protestant Christian religion).

In Carawan v. Mitchell, 2018 U.S. Dist. LEXIS 36897 (WD NC, March 6, 2018), a North Carolina federal district court dismissed a Muslim inmate's complaint that the prison had discontinued the Zakat fund through which inmates could fulfill their religious obligation to give charity.

In Trainauskas v. Fralicker, 2018 U.S. Dist. LEXIS 37408 (SD IL, March 7, 2018), an Illinois federal district court allowed an inmate to move ahead with his complaint regarding disciplinary sanction related to letters he wrote about an Odinist religion known as The Guardians of Othala Kindred.

In Walker v. Harris, 2018 U.S. Dist. LEXIS 37693 (MD GA, March 8, 2018), a Georgia federal district court adopted most of a magistrate's recommendation (2018 U.S. Dist. LEXIS 38118, Feb. 9, 2018) and allowed a Muslim inmate to proceed with an excessive force claim, but not a free exercise or RLUIPA claim, regarding action against him for tucking his pants legs in his socks.

In Dawson v. Wagatsuma, 2018 U.S. Dist. LEXIS 39037 (D HI, March 9, 2018), a Hawaii federal district court dismissed an inmate's claim that he was required to denounce his Native Hawaiian Religion in order to participate in the prison's Module Contract Program.

Michigan Supreme Court Refuses To Reverse Injunction Against Private School Aid

In Council of Organizations and Others for Education About Parochiaid v. State of Michigan,  (MI Sup. Ct., March 9, 2018), the Michigan Supreme Court in a brief order denied leave to appeal a preliminary injunction issued by the Court of Claims.  That injunction prohibited payment of $2.5 million the legislature had allocated to private schools to cover the cost of complying with state mandates. (See prior posting.)  Chief Justice Markham filed a dissenting opinion arguing that the decision of the Court of Claims should be reversed.

Massachusetts Supreme Court Rules On Renovation Grants To Church

Caplan v. Town of Acton, (MA Sup Jud Ct, March 9, 2018), is a challenge under the Massachusetts' constitution's"anti-aid" clause to two historic-resource grants for renovation purposes to an active church.  The Massachusetts Supreme Judicial Court, in a 5-1 opinion, concluded:

the constitutionality of such grants must be evaluated under our three-factor test: a judge must consider whether a motivating purpose of each grant is to aid the church, whether the grant will have the effect of substantially aiding the church, and whether the grant avoids the risks of the political and economic abuses that prompted the passage of the anti-aid amendment. We also conclude that, in light of the history of the anti-aid amendment, a grant of public funds to an active church warrants careful scrutiny.... 

[W]e conclude that the plaintiffs are likely to succeed on the merits of their claim with respect to the stained glass grant. Although the record before us does not allow us to ascertain whether there is a motivating purpose behind this grant other than historic preservation, its effect is to substantially aid the church in its essential function and, given the explicit religious imagery of the stained glass, it fails to avoid the very risks that the framers of the anti-aid amendment hoped to avoid....

With respect to the Master Plan grant, we conclude that further discovery is needed before a determination should be made as to whether the plaintiffs are likely to succeed on the merits of their claim.  This is in part because, unlike the stained glass grant, the Master Plan grant is far broader in its scope, including not only plans for the renovation of worship space but also plans for the renovation of the Fletcher and Hosmer Houses, which are both private residences....

Justice Kafker, joined by Justice Gaziono filed a concurring opinion.  Justice Cypher filed a dissenting opinion. MassLive reports on the decision.

Rwandan Government Closes Over 700 Churches

RNS reports that on Tuesday, the government of Rwanda shut down 714 of the more than 1300 churches in the country's capital city of Kigali.  The Rwanda Governance Board says that the closings were the result of building safety, hygiene and noise violations.  Most of the churches affected were small Pentecostal congregations that have multiplied in recent years.  Hygiene problems are common because Kigali does not have a sewage system or treatment plant.  Critics however say that the closures are an attempt by President Paul Kagame to suppress criticism. A Rwandan activist based in Canada said: "The churches constituted the last open space. Kagame knows this. The localized community of churches offered a slight space for daring to imagine and talk about change."

Hospital Can Assert Ministerial Exception Defense To Suit By Chaplain

In Penn v. New York Methodist Hospital, (2d Cir., March 7, 2018), the U.S. 2nd Circuit Court of Appeals in a 2-1 decision held that a hospital "only historically connected to the United Methodist Church but still providing religious services through its pastoral care department" may invoke the ministerial exception doctrine.  The court summarized its majority opinion:

Mr. Penn—a former duty chaplain at New York Methodist Hospital—brought a lawsuit alleging that New York Methodist Hospital and Peter Poulos discriminated against him on the basis of his race and religion, and retaliated against him after he filed charges with the U.S. Equal Employment Opportunity Commission and the New York City Commission on Human Rights. New York Methodist Hospital, because of its history and continuing purpose, through its Department of Pastoral Care, is a “religious group.” Mr. Penn’s role within the Department of Pastoral Care was to provide religious care to the hospital’s patients and religious care only. Therefore, the First Amendment’s Religion Clauses warrant the application of the ministerial exception doctrine and the dismissal of this lawsuit.

Judge Droney dissented, saying in part:

The presence of a non‐sectarian chaplaincy department cannot transform an otherwise secular hospital into a religious institution for purposes of the ministerial exception.  If it could, most hospitals would be exempt from anti‐discrimination laws, as most—even clearly secular hospitals—have chaplaincy departments.... Moreover, the interfaith nature of the Department means that it is not run according to the tenets of any particular religion, thereby reducing the likelihood that evaluating the reasons for the termination of an employee such as Penn would “plunge [a court] into a maelstrom of Church policy, administration, and governance.”

Courthouse News Service reports on the decision.

Appeals Court Says Mennonite Woman Must Remain In Jail Until She Will Answer Prosecution's Questions

A Colorado appeals court. after expedited consideration, has rejected religious liberty arguments raised by a Mennonite woman who refuses to testify on behalf of the prosecution in a capital case.  Greta Lindekranz was an investigator for defense attorneys. The prosecution wants her testimony to rebut arguments that convicted murderer Robert Ray received ineffective assistance of counsel.  Lindekranz, who opposes capital punishment on religious grounds, argues that answering questions on direct examination by the prosecution would make her a tool in the prosecution's efforts to execute Ray.  The trial court held that her refusal to answer questions put forward by the prosecution placed her in contempt, and it ordered her held in jail until she elects to answer the questions. (See prior posting.)  In People v. Ray and Concerning Lindekranz, (CO App., March 8, 2018), the appellate court refused to reverse the contempt citation.  It held that even if strict scrutiny applies, the state has a compelling interest in ascertaining the truth and rendering a just judgment in accordance with the law.  The court rejected Lindekranz's alternative of answering questions from the court, with the prosecution and defense then cross-examining her.

The court concluded:

Ms. Lindecrantz is in a tough spot — caught between the proverbial rock and a hard place. We take no pleasure in declining to extricate her. But the state of the law being what it is, decline we must.

Colorado Public Radio, reporting on the decision, says that an appeal will be filed with the Colorado Supreme Court.

UPDATE: AP reports (March 10) that Lindekranz will now testify because her refusal to do so is hurting Ray's appeal. According to her lawyer: "Based on this dramatic change in circumstance, she has concluded that her religious principles honoring human life now compel that she must testify."

Canadian Agency Violates Foster Parents' Rights By Insisting They Say Easter Bunny Is Real

Canadian Press reports that an Ontario Superior Court judge ruled this week that a Christian couple's religious beliefs were infringed in violation of Canada's Charter of Rights and Freedoms when the Children's Aid Society of Hamilton removed two foster children from their home.  The action closing their foster home came after a social worker insisted that the couple tell the two young girls that the Easter Bunny is real. Foster parents Frances and Derek Baars say that doing so would violate their religious beliefs.  The court wrote in part:

There is ample evidence to support the fact that the children were removed because the Baars refused to either tell or imply that the Easter Bunny was delivering chocolate to the Baars' home. I am more than satisfied that the society actions interfered substantially with the Baars' religious beliefs.

Suit Challenges City's Forcing of Homeless Into Faith-Based Shelters

In Amarillo, Texas, an advocate for the homeless has filed a federal lawsuit challenging the city's attempts to move homeless individuals from a tent city known as Christ Church Camp of New Beginnings to traditional homeless shelters.  The complaint (full text) in Donelson v. City of Amarillo, (ND TX, filed 2/28/ 2018), contends in part that the city has violated the Establishment Clause by forcing people into faith-based shelters.  Texas Observer reports on the lawsuit.

Christian Student Group Sues Over Decertification

The InterVarsity Christian Fellowship at Wayne State University has filed a federal lawsuit challenging the University's action removing its status as a recognized student organization.  The complaint (full text) in InterVarsity Christian Fellowship/ USA v. Board of Governors of Wayne State University,  (WD MI, filed 3/6/2018), alleges that the action was taken against it because of the organization's requirements that its leadership share its Christian faith and affirm the group's statement of faith.  The university contends that this violates its non-discrimination policy.  InterVarsity has operated on Wayne State's campus for 75 years.  the complaint claims that the University's action violates various federal and state constitutional and statutory provision.  Detroit News reports on the lawsuit.

UPDATE: According to a press release from Becket, two days after the suit was filed the University reinstated InterVarsity Christian Fellowship, at least temporarily.

6th Circuit: Funeral Home Violated Title VII By Firing Transgender Employee

In EEOC v. R.G & G.R. Harris Funeral Homes, Inc., (6th Cir., March 7, 2018), the U.S. 6th Circuit Court of Appeals reversed the dismissal of a Title VII religious discrimination suit against a Michigan funeral home that fired Aimee Stephens, a transgender employee (funeral director/embalmer) who was in the process of transitioning from male to female. In a 49-page opinion, the court held first that Stephens was illegally fired because of her failure to conform to sex stereotypes.  The funeral home owner decided to fire Stephens "because Stephens was 'no longer going to represent himself as a man' and 'wanted to dress as a woman'."

The court also held that:

discrimination on the basis of transgender and transitioning status violates Title VII.

Moving to defenses raised by the funeral home, including its defense under RFRA which the district court had relied upon, the court held:

the Funeral Home does not qualify for the ministerial exception to Title VII; the Funeral Home’s religious exercise would not be substantially burdened by continuing to employ Stephens without discriminating against her on the basis of sex stereotypes; the EEOC has established that it has a compelling interest in ensuring the Funeral Home complies with Title VII; and enforcement of Title VII is necessarily the least restrictive way to achieve that compelling interest.

Explaining its rejection of defendant's claim of a substantial burden under RFRA, the court said in part:

...simply permitting Stephens to wear attire that reflects a conception of gender that is at odds with Rost’s religious beliefs is not a substantial burden under RFRA. We presume that the “line [Rost] draw[s]”—namely, that permitting Stephens to represent herself as a woman would cause him to “violate God’s commands” because it would make him “directly involved in supporting the idea that sex is a changeable social construct rather than an immutable God-given gift,” ... —constitutes “an honest conviction.”...  But we hold that, as a matter of law, tolerating Stephens’s understanding of her sex and gender identity is not tantamount to supporting it.

Slate reports on the decision. [Thanks to Steven H. Sholk and Tom Rutledge for the lead.] 

Suit Filed Over Assets of Michigan-Based Communal Sect

The Detroit News this morning reports on a lawsuit that has been filed in an Oakland County, Michigan trial court over millions of dollars of assets of the Israelite House of David (IHOD).  IHOD was a communal religious sect created in 1903 and based in Benton Harbor, Michigan.  Members of the sect were required to remain celibate, and apparently only three members of the sect (one of whom is very ill) remain.  The suit was filed by Charles Ferrel who lives in Hawaii and was excommunicated-- he says wrongfully-- five years ago.  He alleges that defendants (two of the remaining members) have taken $50 million in assets from IHOD.  The sect's assets are located in Michigan, Hawaii and Australia,  Australia was envisioned by the sect as the place where its members would relocate when the world collapsed as predicted in the Book of Revelation.  In the suit, plaintiff seeks reinstatement as a member and control of the assets.  Alternatively he asks that the assets be turned over to the state of Michigan for it to dispose of them according to law.

British Court Issues FGM Protection Order To Protect 1-Year Old

According to the Manchester Evening News this week, a Family Court judge in Manchester, England has entered an "FGM protection order" at the request of social workers.  The order prohibits a 1-year old girl's family from flying the child back to India, their country of origin, for purposes of female genital mutilation.  The child's three older sisters had previously been flown to India for the procedure.  FGM protection orders have been available from British judges for about three years. (Background on obtaining an FGM Order).

Justice Department Sues Over County Nursing Home's Procedure For Obtaining Flu Shot Exemption

The Justice Department announced yesterday that it has filed a religious discrimination suit against a Wisconsin county because of the religious accommodation policy of a county-owned nursing home.  The complaint (full text) in United States v. Ozaukee County, Wisconsin, (ED WI, filed 3/6/2018), challenges the nursing home's requirement that a religious exemption for staff from the requirement to obtain a flu shot is available only if the staff member furnishes a letter from his or her clergy leader.  Nursing assistant Barnell Williams sought a religious exemption, but was not affiliated with any church or organized religion.  She based her religious objection on her own interpretation of the Bible.  She agreed to receive a flu shot in order to preserve her job.  However, according to the complaint:

Williams suffered severe emotional distress from receiving the flu shot in violation of her religious beliefs, including withdrawing from work and her personal life, suffering from sleep problems, anxiety, and fear of “going to Hell” because she had disobeyed the Bible by receiving the shot. These deep emotional problems stemming from having to take the flu shot have plagued Williams to the present. 

Malaysia's Federal Court Says Conversions To Christianity Are For Sharia Courts

In Malaysia last week, the Malaysian Federal Court dismissed appeals by four women who seek to have their names and religious affiliation changed on their national identity cards-- from Muslim to Christian.  Three of the women were originally Christians, but embraced Islam when they married Muslim men.  Now they are divorced and wish to re-embrace Christianity.  The fourth woman is a convert from Islam to Christianity. According to World Watch Monitor, the country's highest civil court held that jurisdiction over these cases is only in the Syariah Courts, even though the Sarawak Shariah Court Ordinance 2001 has no provision for leaving Islam.  CBNNews yesterday further explained the implications of this holding:

In the past, Sharia courts have not allowed conversion from the Islamic faith.

Christian groups said they'll request Sarawak legislators to amend state law to allow conversion. In response, several Islamic groups said they plan to counter Christian conversion efforts by sending more Muslims into the state.

Located in Malaysia's east, Sarawak is about 40 percent Christian. Most Christians are Chinese ethnics. Overall, Christians are about nine percent of the Malaysia population while Muslims are about 61 percent. Leaving Islam is unthinkable for most ethnic Malays who believe to be Malay is to be Muslim.

Missouri Abortion Restriction Challenged In New Suit By Satanic Temple Member

A suit filed last week in a Missouri federal district court by a member of The Satanic Temple challenges Missouri's restrictions on abortion as a violation of the Establishment Clause and Free Exercise Clause of the U.S. Constitution.  The complaint (full text) in Doe v. Greitens, (ED MO,filed 2/28/2018), focuses on the requirements in Missouri law that a woman seeking an abortion be furnished a booklet that states in part that life begins at conception and an abortion will terminate the life of a living human being. It also challenges Missouri's 72-hour waiting period and the requirement that the woman be given the opportunity to view an active ultrasound.  The complaint says that plaintiff does not believe that life begins at conception and holds the religious belief that she alone can decide whether to remove human tissue from her body, according to the best scientific understanding of the world.

As previously reported, the Missouri Supreme Court in January heard oral arguments in a state Religious Freedom Restoration Act challenge by The Satanic Temple to the same abortion restrictions.  As reported by Friendly Atheist blog, one of the purposes of the new lawsuit is to undercut a mootness argument in the Missouri Supreme Court.  The lower court dismissed the lawsuit because the plaintiff was no longer pregnant.  The new suit is presumably intended to show that this challenge is one that is  within the exception for controversies that are capable of repetition but evade review.

Destruction of Native American Burial Site Did Not Violate RFRA

In Slockish v U.S. Federal Highway Administration, (D OR, March 2, 2018), an Oregon federal magistrate judge recommended dismissing a RFRA challenge to the destruction of sacred Native American burial grounds in widening a highway.  Relying on Supreme Court and 9th Circuit precedent, the court held:

As in Lyng and Navajo Nation, plaintiffs contend that the sacred site at issue, which is located on federal land, has been desecrated and destroyed. Yet, as in those cases, plaintiffs have not established that they are being coerced to act contrary to their religious beliefs under the threat of sanctions or that a governmental benefit is being conditioned upon conduct that would violate their religious beliefs. Without these critical elements, plaintiffs cannot establish a substantial burden under the RFRA.

Becket issued a press release announcing the decision.

Recent Articles of Interest

From SSRN:

• Rafael Domingo & Brigitte Basdevant-Gaudemet, Paul Fournier (1853-1935), (in Olivier Descamps and Rafael Domingo, Great Christian Jurists in French History (Cambridge University Press, 2019) (Forthcoming)).
• Rafael Domingo & Javier Martínez-Torrón, Javier, Great Christian Jurists in Spanish History: Introduction, (Rafael Domingo and Javier Martínez-Torrón (eds.), Great Christian Jurists in Spanish History (Cambridge University Press, 2018) (Forthcoming)).
• Berta E. Hernández-Truyol, Religion: Rites vs. Rights Resolving Tensions between LGBT Equality and Religious Liberty, (Sexual Orientation and Gender Identity in International Law (Andreas Ziegler, ed., 2018 Forthcoming)).
• Michael W. McConnell, Dressmakers, Bakers, and the Equality of Rights, (in Religious Freedom, LGBT Rights, and the Prospects for Common Ground (William N. Eskridge, Jr. and Robin Fretwell Wilson, eds. 2018).
• Robbie Skyes & Kieran Mark Tranter, The Rise and Fall of Ziggy Stardust and Natural Law, (International Journal for the Semiotics of Law, 2018).

From SSRN (Comparative and Non-U.S Law):

• Robert C. Blitt, The Organization of Islamic Cooperation's (OIC) Response to Sexual Orientation and Gender Identity Rights: A Challenge to Equality and Nondiscrimination Under International Law, (February 28, 2018).
• Paul T. Babie, National Security and the Free Exercise Guarantee of Section 116: Time for a Judicial Interpretive Update, ((2017) 45 Federal Law Review 351).
• Adnan Zulfiqar, Jurisdiction over Jihad: Islamic Law and the Duty to Fight, (West Virginia Law Review, Vol. 120, No. 2, 2017).
• David Abraham, Circumcision: Immigration, Religion, History, and Constitutional Identity in Germany and the U.S., (18 German Law Journal 1745 (2017)).
• P.K. Pandey, Offences Relating to Religion in India, (Law Exam Times, 2017).
• Craig Martin, Striking the Right Balance: Hate Speech Laws in Japan, the United States, and Canada, (Hastings Constitutional Law Quarterly, Vol. 45, No. 3, 2018).

From SmartCILP:

• Gerald Benjamin, The Chassidic Presence and Local Government in the Hudson Valley, 80 Albany Law Review 1383-1464 (2016-2017). 

Recent Prisoner Free Exercise Cases

In Abdul-Aziz v. Lanigan, 2018 U.S. Dist. LEXIS 30258 (D NJ, Feb. 26, 2018), a New Jersey federal district court, while dismissing some claims, allowed Muslim inmates to move ahead with a claim for prospective injunctive relief as to daily Halal meals.

In Fisher v. Schweitzer, 2018 U.S. Dist. LEXIS 33166 (SD OH, March 1, 2018), an Ohio federal district court adopted a magistrate's recommendation (2018 U.S. Dist. LEXIS 33457, Jan. 2, 2018) and dismissed an inmate's complaint that the warden stopped him from attending church as a way of punishing him for being the victim of an assault.

In Thomas v. Waugh, 2018 U.S. Dist. LEXIS 33541 (ND NY, Feb. 28, 2018), a New York federal magistrate judge recommended allowing plaintiff, an African American of the Jewish-Hebrew faith, to proceed with his 1st Amendment free exercise claim growing out of the refusal by authorities to allow him to wear a tam as an alternative form of Jewish head covering. UPDATE: The magistrate's recommendation was adopted by the court at 2018 U.S. Dist. LEXIS 50282, March 27, 2018.

In Moore v. Jay, 2018 U.S. Dist. LEXIS 34078 (WD OK, March 2, 2018),an Oklahoma federal district court refused at this point to dismiss a suit by a Muslim inmate who alleged that while he agreed to accept kosher food in place of halal food, he was intentionally deceived about the kosher status of the meals he was served.