Not Applicable/Excluded Cases)
1-NA
Frankford Hosp. v. Davis, 647 F.Supp. 1443, 16 Soc.Sec.Rep.Ser. 396,
Medicare and Medicaid Guide (C 36,018 (E.D.Pa., Nov 18, 1986)
Summary: Establishment Clause challenge to Social Security regulation
dismissed for failure to exhaust administrative remedies — no ruling on
merits
2-NA
Hodgson v. State of Minn., 648 F.Supp. 756 (D.Minn., Nov 06, 1986
Summary: Challenge to abortion law that did not include any religious
clause claims
3-NA
Virgin Islands Bar Ass'n v. Government of Virgin Islands, 648 F.Supp. 170
(D.Virgin Islands, Oct 02, 1986)
Summary: Challenge to integrated bar association on non-religious free
speech grounds, containing an insignificant (truly trivial) free exercise
objection that bar social activities would include serving of alcohol
4-NA
Magill v. Appalachia Intermediate Unit 08, 646 F.Supp. 339, 35 Ed. Law
Rep. 1061 (W.D.Pa., Sep 24, 1986)
Summary: Court abstained from exercising jurisdiction on Establishment
Clause claim
5-NA
U.S. v. Lewis, 644 F.Supp. 1391 (W.D.Mich., Sep 22, 1986)
Summary: Defendants who were religious sect leaders were charged with
slavery, but no religious rights defense raised or addressed here
6-NA
Elbe v. Yankton Independent School Dist. No. 63-3, 640 F.Supp. 1234, 34
Ed. Law Rep. 493 (D.S.D., Aug 08, 1986)
Summary: Decided on state constitutional ground; no merits ruling on
federal religious liberty claims
7-NA
Ball v. School Dist. of City of Grand Rapids, 641 F.Supp. 1, 34 Ed. Law
Rep. 714 (W.D.Mich., Aug 07, 1986)
Summary: Attorney’s fee request after proceedings on merits
8-NA
Student Coalition for Peace v. Lower Merion School Dist. Bd. of School
Directors, 633 F.Supp. 1040, 32 Ed. Law Rep. 541 (E.D.Pa., Apr 08, 1986)
Summary: Equal Access Act case but not involving religious expression
9-NA
Saladin v. City of Milledgeville, 630 F.Supp. 344 (M.D.Ga., Mar 21, 1986)
Summary: Dismissing on mootness and standing grounds the establishment
challenge to city seal containing word “Christianity” because city agreed to
use seal only on paper where word was illegible
10-NA
Whitmire v. U.S. Veterans Admin., 661 F.Supp. 720 (W.D.Wash., Dec 23,
1986)
Summary: Requiring exhuastion of exhaust administrative remedies before
addressing free exercise rights
11-NA
Drazewski v. Waukegan Development Center, 651 F.Supp. 754, 45 Fair
Empl.Prac.Cas. (BNA) 257 (N.D.Ill., Dec 12, 1986)
Summary: Holding that genuine issues of material fact concerning whether
state employer could accommodate religious practice precluded summary
judgment; not a merits ruling
12-NA
Shuttleworth v. Broward County, 649 F.Supp. 35, 55 USLW 2466, 42 Fair
Empl.Prac.Cas. (BNA) 1745, 41 Empl. Prac. Dec. P 36,690, 1 A.D. Cases
996 (S.D.Fla., Dec 03, 1986)
Summary: Employment discrimination case not involving religion
13-NA
U.S. v. Lewis, 649 F.Supp. 1109 (W.D.Mich., Nov 26, 1986)
Summary: Defendants who were religious sect leaders were charged with
slavery, but no religious rights defense raised or addressed here; see also
5NA
14-NA
Boyd v. Bulala, 647 F.Supp. 781, 55 USLW 2269 (W.D.Va., Nov 05, 1986)
Summary: Challenge to medical malpractice statute, no religious element
15-NA
Houk v. Village of Oak Lawn, 647 F.Supp. 710 (N.D.Ill., Oct 31, 1986)
Summary: Suit by police officers for lack of promotion, no religious
element
16-NA
Proctor v. General Conference of Seventh-Day Adventists, 651 F.Supp.
1505, 1986-2 Trade Cases P 67,339 (N.D.Ill., Oct 29, 1986)
Summary: Antitrust suit between private entities, no governmental
defendant nor governmental act challenged
17-NA
Bullfrog Films, Inc. v. Wick, 646 F.Supp. 492, 55 USLW 2268 (C.D.Cal.,
Oct 24, 1986)
Summary: Suit regarding importation of film, no religious element
18-NA
Pollard v. Rea Magnet Wire Co., Inc., 674 F.Supp. 645, 44 Fair
Empl.Prac.Cas. (BNA) 1128, 24 Fed. R. Evid. Serv. 314 (N.D.Ind., Oct 24,
1986)
Summary: Private employment discrimination suit and no religious element
19-NA
Killebrew v. Local Union 1683 of American Federation of State, County,
Municipal Employees, AFL-CIO, 651 F.Supp. 95, 42 Fair Empl.Prac.Cas.
(BNA) 165, 43 Empl. Prac. Dec. P 37,054 (W.D.Ky., Oct 20, 1986)
Summary: Private discrimination suit against union; no government
defendant or governmental act challenged
20-NA
Crawford v. ITT Consumer Financial Corp., 653 F.Supp. 1184, 42 Fair
Empl.Prac.Cas. (BNA) 246, 41 Empl. Prac. Dec. P 36,671 (S.D.Ohio, Oct
14, 1986)
Summary: Private age discrimination suit and no religious element
21-NA
Sessom v. Milwaukee Distribution Center, Inc., 645 F.Supp. 202, 42 Fair
Empl.Prac.Cas. (BNA) 866, 42 Empl. Prac. Dec. P 36,958 (N.D.Miss., Oct
09, 1986)
Summary: Private employment discrimination suit involving religion, but no
governmental party
22-NA
Smith v. Harvey, 648 F.Supp. 1103, 42 Fair Empl.Prac.Cas. (BNA) 796
(M.D.Fla., Oct 03, 1986)
Summary: Racial discrimination suit by city firefighters, but no religious
element
23-NA
Quann v. Whitegate-Edgewater, 112 F.R.D. 649, 42 Fair Empl.Prac.Cas.
(BNA) 708, 6 Fed.R.Serv.3d 193 (D.Md., Sep 15, 1986)
Summary: Private discrimination suit and no religious element
24-NA
Moss v. Arnold, 654 F.Supp. 19 (S.D.Ohio, Sep 10, 1986)
Summary: Civilian air force discrimination suit, but no religious element
25-NA
Knuth v. Lutheran Church Missouri Synod, 643 F.Supp. 444 (D.Kan., Sep
08, 1986)
Summary: Private dispute between minister and denomination; no
governmental party or act at issue
26-NA
E.E.O.C. v. Local 798 United Ass'n of Journeymen and Apprentices of
Plumbing and Pipefitting Industry of U.S. and Canada, AFL-CIO, 646
F.Supp. 318, 45 Fair Empl.Prac.Cas. (BNA) 503, 41 Empl. Prac. Dec. P
36,527 (N.D.Okla., Sep 05, 1986)
Summary: Although brought by EEOC, involves private racial and sex
discrimination, and no religious element
27-NA
Taylor v. City Nat. Bank, 642 F.Supp. 989 (S.D.W.Va., Aug 28, 1986)
Summary: Private racial discrimination suit, and no religious element
28-NA
Muhammed v. Arkansas Supreme Court Committee on Professional
Conduct, 655 F.Supp. 584 (E.D.Ark., Aug 28, 1986)
Summary: District court had no authority to review the decision on
disciplinary matters, even though the attorney alleged that his suspension
was the result of racial and religious discrimination and was in retaliation
for his having sought a hearing
29-NA
Jackson v. Brookhart, 640 F.Supp. 241 (S.D.Iowa, Aug 07, 1986)
Summary: Prisoner complaint about mail being withheld, but religious mail
was not withheld and is not subject of dispute
30-NA
Boomsma v. Greyhound Food Management, Inc., 639 F.Supp. 1448, 41 Fair
Empl.Prac.Cas. (BNA) 1365, 43 Empl. Prac. Dec. P 36,991 (W.D.Mich., Jul
24, 1986)
Summary: Private employment discrimination suit on religious grounds, but
no governmental party or challenge to governmental act
31-NA
Angrisani v. City of New York, 639 F.Supp. 1326 (E.D.N.Y., Jul 18, 1986)
Summary: City employee’s suit for discrimination, but no religious element
32-NA
Greene v. Bowen, 639 F.Supp. 554, 14 Soc.Sec.Rep.Ser. 795, Medicare and
Medicaid Guide (C 35,893 (E.D.Cal., Jul 02, 1986)
Summary: Dispute involving physician suspended by government from
treating medicare patients, but no religious element
33-NA
Abernathy v. City of Cartersville, Ga., 642 F.Supp. 529 (N.D.Ga., Jun 30,
1986)
Summary: Racial employment discrimination suit by police officers, but no
religious element
34-NA
Brown v. Board of Regents of University of Nebraska, 640 F.Supp. 674, 34
Ed. Law Rep. 478 (D.Neb., Jun 25, 1986)
Summary: Free speech case involving movie that was controversial as
purportedly anti-religious, but no religion-based claim pressed by plaintiffs
seeking to view film
35-NA
Government of Virgin Islands v. Kramer, 636 F.Supp. 458 (D.Virgin
Islands, Jun 18, 1986)
Summary: Claim of selective prosecution on criminal charge, no religious
element
36-NA
D'Acquisto v. Washington, 640 F.Supp. 594 (N.D.Ill., Jun 16, 1986)
Summary: Dispute involving suspended police officers, no religious
element
37-NA
SDJ, Inc. v. City of Houston, 636 F.Supp. 1359 (S.D.Tex., Jun 03, 1986)
Summary: Dispute involving zoning of sexually-oriented business, which
includes rules regard proximity to churches as well as schools, etc., but no
challenge based upon churches as religious entities
38-NA
Corporation of Presiding Bishop of Church of Jesus Christ of Latter-Day
Saints v. Hodel, 637 F.Supp. 1398 (D.D.C., May 30, 1986)
Summary: Dispute involving voiding of sale of property to church, but it
involved private rights and nature of property buyer as religious entity was
not basis of dispute
39-NA
Byers v. Rockford Mass Transit Dist., 635 F.Supp. 1387, 42 Fair
Empl.Prac.Cas. (BNA) 677 (N.D.Ill., May 28, 1986)
Summary: Public bus driver discrimination suit, but no religious element
40-NA
Dillard v. Crenshaw County, 640 F.Supp. 1347 (M.D.Ala., May 28, 1986)
Summary: Charge of racial discrimination in election system, but no
religious element
41-NA
Heritage Pub. Co. v. Fishman, 634 F.Supp. 1489 (D.Minn., May 21, 1986)
Summary: Challenge to state regulation of a professional fundraisers, who
raised money for religious and non-religious organizations, but no religious
liberty issues raised
42-NA
Gonzales v. Department of Air Force, 110 F.R.D. 350, 40 Fair
Empl.Prac.Cas. (BNA) 1689 (N.D.Tex., May 21, 1986)
Summary: Charge against federal government employer of religious
discrimination, but ruling involved merely amendment of complaint to name
proper defendant and no ruling on merits
43-NA
Lewis v. East Feliciana Parish School Bd., 635 F.Supp. 296, 32 Ed. Law
Rep. 994 (M.D.La., May 16, 1986)
Summary: Employment discrimination suit by public school teacher, but no
religious element
44-NA
Vargas v. Calabrese, 634 F.Supp. 910 (D.N.J., May 14, 1986)
Summary: Alleged racial discrimination in voting, no religious element
45-NA
Strandell v. Jackson County, Ill., 634 F.Supp. 824 (S.D.Ill., May 09, 1986)
Summary: Civil rights suit by parents of prisoner who committed suicide, no
religious element
46-NA
Ohio Fair Housing Congress v. Pierce, 639 F.Supp. 215 (N.D.Ohio, Apr 22,
1986)
Summary: Charge of lack of enforcement of fair housing laws, no religious
element
47-NA
Ford v. Beister, 657 F.Supp. 607 (M.D.Pa., Apr 16, 1986)
Summary: Claim of prisoner’s in segregation to religious services to be
given further consideration, no ruling on merits
48-NA
Ford v. Beister, 657 F.Supp. 607 (M.D.Pa., Apr 16, 1986)
Summary: Reverse discrimination suit by firefighters, and no religious
element
49-NA
Toledo v. Nobel-Sysco, Inc., 651 F.Supp. 483, 41 Fair Empl.Prac.Cas.
(BNA) 282, 42 Empl. Prac. Dec. P 36,739 (D.N.M., Apr 02, 1986)
Summary: Private religious discrimination suit, no governmental parties or
governmental acts challenged
50-NA
Hoffman v. McNamara, 630 F.Supp. 1257, 121 L.R.R.M. (BNA) 3506
(D.Conn., Mar 27, 1986)
Summary: Suit by dismissed police officer, no religious element
51-NA
Gold v. Gallaudet College, 630 F.Supp. 1176, 40 Fair Empl.Prac.Cas.
(BNA) 730, 40 Empl. Prac. Dec. P 36,211, 31 Ed. Law Rep. 827 (D.D.C.,
Mar 21, 1986)
Summary: Private religious discrimination suit, no governmental parties or
governmental acts challenged
52-NA
Robinson v. City of Lake Station, 630 F.Supp. 1052, 48 Fair Empl.Prac.Cas.
(BNA) 581, 40 Empl. Prac. Dec. P 36,369 (N.D.Ind., Mar 19, 1986)
Summary: Sex discrimination suit against public employer, where employer
claimed post hoc justification for practicing religion on job (regarded as
frivolous by court), but that was not part of plaintiff’s affirmative claim, not
regarded as significant by court, and not raising religion clause issues
53-NA
Lewis v. Green, 629 F.Supp. 546 (D.D.C., Feb 28, 1986)
Summary: Dispute involving prison conditions, no religious element
54-NA
U.S. v. D.K.G. Appaloosas, Inc., 630 F.Supp. 1540 (E.D.Tex., Feb 21,
1986)
Summary: Government forfeiture case, no religious element
55-NA
Maguire v. Marquette University, 627 F.Supp. 1499, 54 USLW 2455, 40
Fair Empl.Prac.Cas. (BNA) 167, 40 Empl. Prac. Dec. P 36,093, 30 Ed. Law
Rep. 1141 (E.D.Wis., Feb 12, 1986)
Summary: Suit against private religious college by disappointed instructor,
no governmental party or governmental act challenged
56-NA
Matter of Extradition of Artukovic, 628 F.Supp. 1370 (C.D.Cal., Feb 06,
1986)
Summary: Extradition dispute to foreign country, no religious liberty issues
raised
57-NA
McCrory v. Rapides Regional Medical Center, 635 F.Supp. 975, 40 Fair
Empl.Prac.Cas. (BNA) 750, 39 Empl. Prac. Dec. P 36,028 (W.D.La., Jan 27,
1986)
Summary: Although raising claim of religious discrimination and asserting
hospital was governmental actor by obtaining government funds, court
rejected this (frivolous) argument; case involved no governmental party or
challenged act by true governmental entity
58-NA
Brudne v. Amalgamated Trust & Sav. Bank, 627 F.Supp. 458, 39 Fair
Empl.Prac.Cas. (BNA) 1607 (N.D.Ill., Jan 21, 1986)
Summary: Private discrimination suit including religious ground; case
involved no governmental party or challenged act by governmental entity
59-NA
Stern v. Teamsters General Local Union No. 200, 626 F.Supp. 1043, 54
USLW 2419, 121 L.R.R.M. (BNA) 2416, 39 Fair Empl.Prac.Cas. (BNA)
1526, 40 Empl. Prac. Dec. P 36,355, 112 Lab.Cas. P 11,250 (E.D.Wis., Jan
17, 1986)
Summary: Religious discrimination suit against union; case involved no
governmental party or challenged act by governmental entity
60-NA
U.S. v. Lawrence County School Dist., 626 F.Supp. 940, 30 Ed. Law Rep.
719 (S.D.Miss., Jan 10, 1986)
Summary: School desegregation suit, no religious element
61-NA
Cooper v. Oak Park School Dist., 624 F.Supp. 515, 39 Fair Empl.Prac.Cas.
(BNA) 1227, 39 Empl. Prac. Dec. P 35,979, 29 Ed. Law Rep. 1010
(E.D.Mich., Jan 06, 1986)
Summary: Public school teacher alleged religious discrimination, but case
decided on res judicata grounds without addressing merits
62-NA
In re Certain Asbestos Cases, 113 F.R.D. 612, 6 Fed.R.Serv.3d 1302
(N.D.Tex., Dec 31, 1986)
Summary: Civil discovery question concerning need for autopsy and mere
mention that religious concerns may play a role
63-NA
U.S. v. Zumbado, 650 F.Supp. 136 (N.D.Ala., Dec 30, 1986)
Summary: Refusal to consider religion in sentencing of criminal defendant;
no clear claim of First Amendment right made
64-NA
Carto v. Buckley, 649 F.Supp. 502, 13 Media L. Rep. 2073 (S.D.N.Y., Nov
25, 1986)
Summary: Libel dispute between private parties
65-NA
Ecclesiastical Order of Ism of Am, Inc. v. Chasin, 653 F.Supp. 1200
(E.D.Mich., Nov 24, 1986)
Summary: Constitutional tort claim against federal officers based on
religious grounds, but held sovereign immunity and qualified immunity
barred reaching claims on merits
66-NA
Moses v. Kenosha County, 649 F.Supp. 451 (E.D.Wis., Nov 21, 1986)
Summary: Free speech dispute involving zoning of adult business, no
religious element
67-NA
In re Certain Asbestos Cases, 112 F.R.D. 427, 6 Fed.R.Serv.3d 1292
(N.D.Tex., Nov 10, 1986)
Summary: Civil discovery question concerning need for autopsy and mere
mention that religious concerns may play a role
68-NA
Blount v. Redmond, 649 F.Supp. 319 (D.Me., Oct 22, 1986)
Summary: Holding that Younger abstention doctrine mandated dismissal of
action by born-again Christians, who held religious belief that their children
had to be educated at home and sought temporary and permanent injunctive
relief preventing commencement of truancy actions against them in state
court; no merits ruling
69-NA
U.S. v. Renkoski, 644 F.Supp. 1065 (W.D.Mo., Oct 02, 1986)
Summary: Although protest was religiously-motivated, the issue was
whether the ban on the military base had been violated, not any First
Amendment concern
70-NA
Benjamin v. Coughlin, 643 F.Supp. 351 (S.D.N.Y., Aug 29, 1986)
Summary: Held that prisoners’ religious-based claims were collaterally
estopped, thus precluding ruling on merits
71-NA
Church of Gospel Ministry, Inc. v. U.S., 640 F.Supp. 96, 58 A.F.T.R.2d 865232, 86-2 USTC P 9497 (D.D.C., May 30, 1986)
Summary: Holding that church was ineligible for tax exemption, but
confined to tax statutory issues without any religious freedom issues raised
or addressed
72-NA
Crowder v. Southern Baptist Convention, 637 F.Supp. 478 (N.D.Ga., May
05, 1986)
Summary: Holding that private ecclesiastical dispute was outside
jurisdiction of court
73-NA
Auen v. Sweeney, 109 F.R.D. 678 (N.D.N.Y., Mar 31, 1986)
Summary: Tax protestor dispute, but focused on frivolous 16th Amendment
argument, not religious liberty clauses
74-NA
Yosuf v. U.S., 642 F.Supp. 415 (M.D.Pa., Mar 07, 1986)
Summary: Prisoner tort claim, no religious element
75-NA
Davis v. U.S., 629 F.Supp. 1 (E.D.Ark., Feb 25, 1986)
Summary: Medical malpractice suit against VA hospital by person who had
refused blood transfusion for religious reasons, but malpractice suit raised
no religious liberty issues
76-NA
Lawson v. Wainwright, 108 F.R.D. 450 (S.D.Fla., Jan 02, 1986)
Summary: In case involving prison authorities’ refusal to permit inmates
access to religious literature of the Hebrew Israelite faith, court held that
prerequisites of class certification were met, and case was appropriate for
certification; no ruling on merits
77-NA
Protos v. Volkswagen of America, Inc., 797 F.2d 129, 55 USLW 2098, 41
Fair Empl.Prac.Cas. (BNA) 598, 40 Empl. Prac. Dec. P 36,337, Bankr. L.
Rep. P 2098 (3rd Cir.(Pa.), Jul 29, 1986)
Summary: Private employment discrimination suit
78-NA
Americans United for Separation of Church & State v. Reagan, 786 F.2d
194, 54 USLW 2519 (3rd Cir.(Pa.), Mar 21, 1986)
Summary: Holding that challenge to diplomatic relations with Vatican is
non-justificiable
79-NA
Owen v. Wainwright, 806 F.2d 1519 (11th Cir.(Fla.), Dec 31, 1986)
Summary: Criminal case involving claim of selective prosecution of drug
traffickers; no religious element
80-NA
U.S. v. Bohrer, 807 F.2d 159, 59 A.F.T.R.2d 87-350, 87-1 USTC P 9141,
22 Fed. R. Evid. Serv. 295 (10th Cir.(Colo.), Dec 16, 1986)
Summary: Criminal case involving claim of selective prosecution; no
religious element
81-NA
U.S. v. Hintzman, 806 F.2d 840 (8th Cir.(N.D.), Dec 09, 1986)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
82-NA
Abrams v. Baylor College of Medicine, 805 F.2d 528, 55 USLW 2355, 42
Fair Empl.Prac.Cas. (BNA) 806, 41 Empl. Prac. Dec. P 36,682 (5th
Cir.(Tex.), Dec 08, 1986)
Summary: Private religious discrimination case; no governmental parties or
governmental act challenged
83-NA
Kiwanis Intern. v. Ridgewood Kiwanis Club, 806 F.2d 468, 55 USLW
2321, 1 U.S.P.Q.2d 1062 (3rd Cir.(N.J.), Dec 03, 1986)
Summary: Dispute between private clubs; no religious element and no
governmental parties or governmental act challenged
84-NA
U.S. v. Wilson, 806 F.2d 171 (8th Cir.(Ark.), Nov 25, 1986)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
85-NA
U.S. v. Bustamante, 805 F.2d 201 (6th Cir.(Ohio), Nov 17, 1986)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
86-NA
Quinones v. Pennsylvania General Ins. Co., 804 F.2d 1167, 6 Fed.R.Serv.3d
751, 22 Fed. R. Evid. Serv. 25 (10th Cir.(N.M.), Nov 10, 1986)
Summary: Insurance dispute; no religious element
87-NA
Rodriguez v. Merit Systems Protection Bd., 804 F.2d 673 (Fed.Cir., Nov 06,
1986)
Summary: Employment discrimination suit against government, but no
religious element and decided on jurisdictional grounds
88-NA
Pime v. Loyola University of Chicago, 803 F.2d 351, 55 USLW 2275, 42
Fair Empl.Prac.Cas. (BNA) 1, 41 Empl. Prac. Dec. P 36,567, 35 Ed. Law
Rep. 646 (7th Cir.(Ill.), Oct 16, 1986)
Summary: Religious discrimination suit against private college; no
governmental party or governmental act challenged; involved bona fide
qualification application (not validity of) Title VII
89-NA
Coleman v. Brown, 802 F.2d 1227 (10th Cir.(Okla.), Sep 30, 1986)
Summary: Claim of ineffective assistance of counsel including objection to
appeal to religious views by defense counsel before jury; but raises no
religious liberty claim
90-NA
People of Territory of Guam v. Fegurgur, 800 F.2d 1470 (9th Cir.(Guam),
Sep 29, 1986)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
91-NA
Daniels v. Quinn, 801 F.2d 687, 35 Ed. Law Rep. 46 (4th Cir.(N.C.), Sep
22, 1986)
Summary: Discharged public school teacher argued free speech rights, but
no religious element
92-NA
Kotarski v. Cooper, 799 F.2d 1342, 55 USLW 2200, 41 Empl. Prac. Dec. P
36,479 (9th Cir.(Cal.), Sep 16, 1986)
Summary: Dispute involving federal employee, but no religious element
93-NA
Smith v. Texas Dept. of Water Resources, 799 F.2d 1026, 41 Fair
Empl.Prac.Cas. (BNA) 1328, 42 Empl. Prac. Dec. P 36,757 (5th Cir.(Tex.),
Sep 15, 1986)
Summary: Sex discrimination suit by state employee; no religious element
94-NA
Perlman v. City of Chicago, 801 F.2d 262 (7th Cir.(Ill.), Sep 10, 1986)
Summary: Dispute involving seized jewelry; no religious element
95-NA
Perlman v. City of Chicago, 801 F.2d 262 (7th Cir.(Ill.), Sep 10, 1986)
Summary: Environmental lawsuit; no religious element
96-NA
U.S. E.E.O.C. v. Illinois State Tollway Authority, 800 F.2d 656, 55 USLW
2166, 41 Fair Empl.Prac.Cas. (BNA) 1105, 41 Empl. Prac. Dec. P 36,442
(7th Cir.(Ill.), Sep 03, 1986)
Summary: Dispute involves religious discrimination against a public
employee; but decision here involved only enforcement of EEOC subpoenas
against a public agency
97-NA
Waddell v. Small Tube Products, Inc., 799 F.2d 69, 41 Fair Empl.Prac.Cas.
(BNA) 988, 42 Empl. Prac. Dec. P 36,745 (3rd Cir.(Pa.), Aug 25, 1986)
Summary: Religious discrimination suit against private employer; no
governmental party or governmental act challenged
98-NA
Proctor v. Consolidated Freightways Corp. of Delaware, 795 F.2d 1472, 55
USLW 2139, 41 Fair Empl.Prac.Cas. (BNA) 704, 40 Empl. Prac. Dec. P
36,333 (9th Cir.(Or.), Aug 01, 1986) (NO. 84-4323)
Summary: Religious discrimination suit against private employer; no
governmental party or governmental act challenge
99-NA
Hunter v. Allis-Chalmers Corp., Engine Div., 797 F.2d 1417, 55 USLW
2121, 41 Fair Empl.Prac.Cas. (BNA) 721, 41 Empl. Prac. Dec. P 36,417, 21
Fed. R. Evid. Serv. 188 (7th Cir.(Ill.), Jul 30, 1986)
Summary: Racial discrimination suit against private employer; no religious
element and no governmental party or governmental act challenge
100-NA
U.S. v. Greenwood, 796 F.2d 49, 21 Fed. R. Evid. Serv. 106 (4th Cir.(Va.),
Jul 08, 1986)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
101-NA
McCarthney v. Griffin-Spalding County Bd. of Educ., 791 F.2d 1549, 41
Fair Empl.Prac.Cas. (BNA) 245, 41 Empl. Prac. Dec. P 36,426, 32 Ed. Law
Rep. 910 (11th Cir.(Ga.), Jun 25, 1986)
Summary: Sex discrimination suit by state employee; no religious element
102-NA
U.S. v. Holmes, 794 F.2d 345, 21 Fed. R. Evid. Serv. 59 (8th Cir.(Ark.), Jun
20, 1986)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
103-NA
Evans v. McCotter, 790 F.2d 1232, 20 Fed. R. Evid. Serv. 1168 (5th
Cir.(Tex.), Jun 04, 1986)
Summary: Appeal from death penalty sentence, with reference to
defendant’s claim to have converted to Christianity in prison
104-NA
Nordgren v. Hafter, 789 F.2d 334 (5th Cir.(Miss.), May 12, 1986)
Summary: Constitutional challenge to bar admission rules; no religious
element
105-NA
Eitel v. Holland, 787 F.2d 995 (5th Cir.(Tex.), Apr 18, 1986)
Summary: Civil rights suit against judge by disappointed litigant; no
religious element
106-NA
U.S. v. Benny, 786 F.2d 1410, 54 USLW 2563, RICO Bus.Disp.Guide 6253
(9th Cir.(Cal.), Apr 15, 1986)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
107-NA
Damiano v. Florida Parole and Probation Com'n, 785 F.2d 929 (11th
Cir.(Fla.), Apr 01, 1986)
Summary: Habeas corpus petition; no religious element
108-NA
Wisner v. Truck Cent., a Subsidiary of Saunders Leasing Systems, 784 F.2d
1571, 40 Fair Empl.Prac.Cas. (BNA) 613, 40 Empl. Prac. Dec. P 36,088
(11th Cir.(Ala.), Mar 26, 1986)
Summary: Religious discrimination suit against private employer; no
governmental party or governmental act challenge
109-NA
Shaare Tefila Congregation v. Cobb, 785 F.2d 523, 54 USLW 2471 (4th
Cir.(Md.), Mar 07, 1986)
Summary: Civil rights suit against private defendants for desecrating
temple, but no state action; no governmental party or governmental act
challenged
110-NA
Al-Khazraji v. Saint Francis College, 784 F.2d 505, 54 USLW 2471, 40 Fair
Empl.Prac.Cas. (BNA) 397, 39 Empl. Prac. Dec. P 35,960, 30 Ed. Law Rep.
1059 (3rd Cir.(Pa.), Mar 03, 1986)
Summary: Religious discrimination suit against private college; no
governmental party or governmental act challenge (no challenge to validity
of Title VII as applied to college)
111-NA
Beaven v. Com. of Ky., 783 F.2d 672, 40 Fair Empl.Prac.Cas. (BNA) 264,
39 Empl. Prac. Dec. P 35,984 (6th Cir.(Ky.), Feb 19, 1986)
Summary: Racial discrimination suit by state employee; no religious
element
112-NA
Porter v. Heckler, 780 F.2d 920 (11th Cir.(Ala.), Jan 21, 1986)
Summary: Attorney’s fee dispute after settlement of claim for religious
discrimination by federal employee; no ruling on merits
113-NA
Hohri v. U.S., 782 F.2d 227, 54 USLW 2377, 251 U.S.App.D.C. 145
(D.C.Cir., Jan 21, 1986)
Summary: Suit by former Japanese interns; religious liberty claim is part of
“sundry” other claims and is trivial in context; in any event held barred by
sovereign immunity not addressed on merits; focus of appeal is on statute of
limitations, not merits
114-NA
Shelton v. City of College Station, 780 F.2d 475, 54 USLW 2358 (5th
Cir.(Tex.), Jan 06, 1986)
Summary: Zoning dispute and claim of bias by zoning board member who
belongs to church opposing variance; not religious liberty case
115-NA
U.S. v. Cutler, 806 F.2d 933, 22 Fed. R. Evid. Serv. 330 (9th Cir.(Idaho),
Dec 19, 1986)
Summary: Murder for contract case, in which religious organization was
involved but no religious liberty issue
116-NA
Worldwide Church of God v. McNair, 805 F.2d 888 (9th Cir.(Cal.), Dec 05,
1986)
Summary: Private religious dispute; lack of jurisdiction by courts under
First Amendment
117-NA
McWilliams v. McWilliams, 804 F.2d 1400 (5th Cir.(Tex.), Dec 03, 1986)
Summary: Private dispute concerning custody and church; held barred by
preclusion
118-NA
U.S. Trust Co. v. I.R.S., 803 F.2d 1363, 58 A.F.T.R.2d 86-6152, 86-2 USTC
P 9777, 86-2 USTC P 13,698 (5th Cir.(Miss.), Nov 07, 1986)
Summary: Tax dispute; no religious element
119-NA
Sanchez-Trujillo v. I.N.S., 801 F.2d 1571 (9th Cir., Oct 15, 1986)
Summary: Immigration case
120-NA
Abudu v. I.N.S., 802 F.2d 1096 (9th Cir.(Cal.), Oct 14, 1986)
Summary: Immigration case
121-NA
Abudu v. I.N.S., 802 F.2d 1096 (9th Cir.(Cal.), Oct 14, 1986)
Summary: Suit by religious organization alleging government harassment,
but dismissed for violation of discovery requirements, not on merits
122-NA
Smith v. C.I.R., 800 F.2d 930, 58 A.F.T.R.2d 86-5856, 86-2 USTC P 9706
(9th Cir., Sep 25, 1986)
Summary: Tax dispute involving ineligibility of church for tax exemption;
but no religious liberty claims asserted
123-NA
Smith v. C.I.R., 800 F.2d 930, 58 A.F.T.R.2d 86-5856, 86-2 USTC P 9706
(9th Cir., Sep 25, 1986)
Summary: Disbarment proceeding where lawyer accused magistrate of
religious bias; no religious liberty defense raised
124-NA
Hartwick College v. U.S., 801 F.2d 608, 55 USLW 2199, 58 A.F.T.R.2d 865846, 86-2 USTC P 9690 (2nd Cir.(N.Y.), Sep 18, 1986)
Summary: Dispute involving college and federal government on donations,
etc.; no religious element
125-NA
Polk v. Yellow Freight System, Inc., 801 F.2d 190, 41 Fair Empl.Prac.Cas.
(BNA) 1279, 42 Empl. Prac. Dec. P 36,761 (6th Cir.(Mich.), Sep 11, 1986)
Summary: Employment dispute involving private company; no religious
element and no governmental party or act challenged
126-NA
U.S. v. Ebens, 800 F.2d 1422, 21 Fed. R. Evid. Serv. 888 (6th Cir.(Mich.),
Sep 11, 1986)
Summary: Criminal charge against individual for violating civil rights of
another on racial grounds; no religious element and no governmental act
challenged
127-NA
U.S. v. Salamone, 800 F.2d 1216, 55 USLW 2171 (3rd Cir.(Pa.), Sep 09,
1986)
Summary: Criminal charge and dispute about exclusions from jury; no
religious element
128-NA
Schuster v. C.I.R., 800 F.2d 672, 55 USLW 2147, 58 A.F.T.R.2d 86-5727,
86-2 USTC P 9664 (7th Cir., Sep 04, 1986)
Summary: Dispute concerning treatment of income of nun; no religious
liberty issues, decided on tax statutes
129-NA
Hustler Magazine Inc. v. Moral Majority Inc., 796 F.2d 1148, 55 USLW
2151, 230 U.S.P.Q. 646, 1986 Copr.L.Dec. P 25,983, 13 Media L. Rep.
1151 (9th Cir.(Cal.), Aug 12, 1986)
Summary: Private libel suit; no governmental party and no governmental act
challenged
130-NA
U.S. v. Kabat, 797 F.2d 580 (8th Cir.(Mo.), Jul 22, 1986)
Summary: Criminal charges against protestors for destroying government
property; issue about instruction of jury not to consider religious motives;
but no religious liberty defense raised or addressed
131-NA
Martinez-Sanchez v. I.N.S., 794 F.2d 1396 (9th Cir., Jul 21, 1986)
Summary: Immigration case
132-NA
Rebollo-Jovel v. I.N.S., 794 F.2d 441 (9th Cir.(Cal.), Jul 11, 1986)
Summary: Immigration case
133-NA
Barrera v. Young, 794 F.2d 1264 (7th Cir.(Wis.), Jul 09, 1986)
Summary: Confession elicited by appeal to religion; but no religious liberty
defense raised or addressed
134-NA
Welcome v. Blackburn, 793 F.2d 672 (5th Cir.(La.), Jul 03, 1986)
Summary: Murder case with death penalty; people with religious views
against death penalty dismissed from jury; no religious liberty claim
involved
135-NA
Yousif v. I.N.S., 794 F.2d 236 (6th Cir., Jun 27, 1986)
Summary: Immigration case
136-NA
Church of Scientology Intern. v. Elmira Mission of the Church of
Scientology, 794 F.2d 38, 55 USLW 2068, 230 U.S.P.Q. 325 (2nd
Cir.(N.Y.), Jun 23, 1986)
Summary: Trademark dispute between religious entities; no governmental
party or governmental act challenged
137-NA
U.S. v. Brown, 792 F.2d 466 (4th Cir.(N.C.), Jun 12, 1986)
Summary: Criminal defendant’s religious views considered to determine
sanity; no religious liberty issues
138-NA
Woods v. Evansville Press Co., Inc., 791 F.2d 480, 12 Media L. Rep. 2179
(7th Cir.(Ind.), May 16, 1986)
Summary: Libel suit between private parties about religious practices; no
religious liberty issues
139-NA
Tennessee Baptist Children's Homes, Inc. v. U.S., 790 F.2d 534, 57
A.F.T.R.2d 86-1477, 86-1 USTC P 9410 (6th Cir.(Tenn.), May 14, 1986)
Summary: Tax dispute involving religiously-affiliated entity; no religious
liberty issues, decided on statutory tax basis
140-NA
U.S. v. Wiggins, 788 F.2d 1476 (11th Cir.(Fla.), May 09, 1986)
Summary: Criminal wrongdoing in which defendants believed they were
religiously-justified; but no religious liberty defense apparently raised or
decided
141-NA
Hutchison v. Thomas, 789 F.2d 392 (6th Cir.(Ohio), Apr 28, 1986)
Summary: Minister sues church about forced retirement pursuant to church
rules; no governmental party or act challenged; court holds it lacks
jurisdiction
142-NA
Damaize-Job v. I.N.S., 787 F.2d 1332, 83 A.L.R. Fed. 1 (9th Cir., Apr 21,
1986)
Summary: Immigration case
143-NA
U.S. v. Lewis, 787 F.2d 1318 (9th Cir.(Cal.), Apr 18, 1986)
Summary: Criminal case in which witness made comment suggesting
defendant’s religion; no religious liberty issues involved
144-NA
Pollard v. C.I.R., 786 F.2d 1063, 57 A.F.T.R.2d 86-1175, 86-1 USTC P
9331 (11th Cir., Apr 14, 1986)
Summary: Tax case involving phony church to shield income; no religious
liberty issues addressed, decided on tax statutes
145-NA
Exeter-West Greenwich Regional School Dist. v. Pontarelli, 788 F.2d 47, 31
Ed. Law Rep. 747 (1st Cir.(R.I.), Apr 04, 1986)
Summary: Post-merits ruling concerning attorney’s fees
146-NA
Damiano v. Florida Parole and Probation Com'n, 785 F.2d 929 (11th
Cir.(Fla.), Apr 01, 1986)
Summary: Habeas corpus petition, in which prisoner claimed discrimination
on various bases, but religious element appears to be insignificant in case
and not basis of individual prisoner’s claim
147-NA
Howard v. City of Greenwood, Miss., 783 F.2d 1311 (5th Cir.(Miss.), Mar
07, 1986)
Summary: Racial discrimination suit by public employee; no religious
element
148-NA
U.S. v. Ebner, 782 F.2d 1120, 57 A.F.T.R.2d 86-759, 86-1 USTC P 9215,
19 Fed. R. Evid. Serv. 1488 (2nd Cir.(N.Y.), Jan 29, 1986)
Summary: Tax evasion case involving bogus religious organization; no
religious liberty issues addressed
149-NA
U.S. v. Kalaydjian, 784 F.2d 53, 19 Fed. R. Evid. Serv. 1037 (2nd
Cir.(N.Y.), Jan 28, 1986)
Summary: Issue was whether defendant could cross-examine witness who
affirmed rather than swore on Koran; not clear-cut religious liberty issue, at
least from perspective of defendant rather than witness
150-NA
Nicholas v. Homelite Corp., A Div. of Textron, Inc., 780 F.2d 1150,
Prod.Liab.Rep. (CCH) P 10,855 (5th Cir.(La.), Jan 15, 1986)
Summary: Products liability suit in which religious affiliation evidence was
introduced; no governmental party or governmental act challenged
151-NA
U.S. v. Leidendeker, 779 F.2d 1417, 57 A.F.T.R.2d 86-500, 86-1 USTC P
9154 (9th Cir.(Cal.), Jan 06, 1986)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
152-NA
Fogarty v. U.S., 780 F.2d 1005, 54 USLW 2375, 57 A.F.T.R.2d 86-490, 861 USTC P 9139, 29 Ed. Law Rep. 558 (Fed.Cir., Jan 02, 1986)
Summary: Dispute involving tax treatment of priest’s income, but decided
on statutory grounds without any religious liberty element addressed
153-NA
Harrington v. City of Portland, 677 F.Supp. 1491, 45 Fair Empl.Prac.Cas.
(BNA) 248, 2 IER Cases 1862 (D.Or., Oct 23, 1987
Summary: Sex discrimination suit by discharged chief of police; no
religious element
154-NA
Jewish War Veterans of U.S. v. U.S., 695 F.Supp. 1 (D.D.C., Oct 23, 1987)
Summary: Addresses only question of venue
155-NA
Sokol v. Smith, 671 F.Supp. 1243, Unempl.Ins.Rep. (CCH) P 21,888
(W.D.Mo., Sep 01, 1987)
Summary: Challenge to unemployment compensation statute by women
who quit employment to have children, but not based on religious grounds
156-NA
Larsen v. Larsen, 671 F.Supp. 718, 60 A.F.T.R.2d 87-5488, 87-2 USTC P
9569 (D.Utah, Jun 30, 1987)
Summary: Pro se divorce related case; no governmental party nor
governmental act challenged
157-NA
Bowlus v. Alexander & Alexander Services, Inc., 659 F.Supp. 914, 1987-1
Trade Cases P 67,617 (S.D.N.Y., May 12, 1987)
Summary: Private dispute over non-competition clause; no governmental
party nor governmental act challenged
158-NA
U.S. v. Callahan, 659 F.Supp. 80 (E.D.Pa., Mar 11, 1987)
Summary: Racist arson incident; no religious element
158-NA
Religious Technology Center v. Scott, 660 F.Supp. 515, 55 USLW 2690,
1987 Copr.L.Dec. P 26,139, 3 U.S.P.Q.2d 1115 (C.D.Cal., Mar 09, 1987)
Summary: Copyright infringement dispute between private parties; no
governmental party nor governmental act challenged
159-NA
Haigh v. Matsushita Elec. Corp. of America, 676 F.Supp. 1332 (E.D.Va.,
Dec 28, 1987)
Summary: Private employment discrimination suit; no religious element and
no governmental party nor governmental act challenged
160-NA
Mahoney v. National Organization for Women, 681 F.Supp. 129 (D.Conn.,
Dec 10, 1987)
Summary: Suit challenging violation of civil rights between private sect
leader and private organizations; no governmental party nor governmental
act challenged
161-NA
Thayer v. Group Hospitalization and Medical Services, Inc., 674 F.Supp.
924 (D.D.C., Dec 09, 1987)
Summary: Religious discrimination suit by private insured against private
insurer; no governmental party nor governmental act challenged
162-NA
Howard v. Pine Forge Academy, Pine Forge, Pa., 678 F.Supp. 1120, 46 Fair
Empl.Prac.Cas. (BNA) 1861, 48 Empl. Prac. Dec. P 38,634, 45 Ed. Law
Rep. 115 (E.D.Pa., Nov 25, 1987)
Summary: Sex and race discrimination suit against private religious school;
no governmental party nor governmental act challenged (no challenge to
validity or application of anti-discrimination statute to private school)
163-NA
Steptoe v. Beverly Area Planning Ass'n, 674 F.Supp. 1313 (N.D.Ill., Nov
23, 1987)
Summary: Suit about housing discrimination between private parties; no
governmental party nor governmental act challenged
164-NA
Nicoletti v. Brown, 740 F.Supp. 1268, 30 Soc.Sec.Rep.Ser. 626, Medicare
and Medicaid Guide (C 38,922 (N.D.Ohio, Oct 29, 1987)
Summary: Dispute involving involuntarily committed mental patients in
state hospital; no religious element
165-NA
Voorhees v. Shull, 686 F.Supp. 389 (E.D.N.Y., Oct 13, 1987)
Summary: Claim by former police officer regarding sick-leave rules; no
religious element
166-NA
Huntington Branch, N.A.A.C.P. v. Town of Huntington, N.Y., 668 F.Supp.
762 (E.D.N.Y., Sep 09, 1987)
Summary: Housing discrimination issues; no religious element
167-NA
U.S. v. Lee, 667 F.Supp. 1404 (D.Colo., Aug 27, 1987)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
168-NA
Paradis v. Arave, 667 F.Supp. 1361 (D.Idaho, Jul 30, 1987)
Summary: Criminal case in which attorneys mentioned religious behavior of
defendant in closing argument; no significant religious liberty issues
addressed or decided
169-NA
Jackson Court Condominiums, Inc. v. City of New Orleans, 665 F.Supp.
1235 (E.D.La., Jul 20, 1987)
Summary: Zoning/taking dispute; no religious element
170-NA
Huertas v. East River Housing Corp., 674 F.Supp. 440 (S.D.N.Y., Jul 02,
1987)
Summary: Racial discrimination in housing suit against private entity; minor
defensive religious element and no governmental party nor governmental
action challenged
171-NA
Tannenbaum v. City of Richmond Heights, 663 F.Supp. 995 (E.D.Mo., Jul
01, 1987)
Summary: Dispute involving limit on public comment at city council
meeting; no religious element
172-NA
Perez-Olbera v. I.N.S., 662 F.Supp. 910, 92 A.L.R. Fed. 649 (D.Nev., Jun
18, 1987)
Summary: Immigration case
172-NA
Zuckerstein v. Argonne Nat. Laboratory, 663 F.Supp. 569, 48 Fair
Empl.Prac.Cas. (BNA) 854, 43 Empl. Prac. Dec. P 37,185 (N.D.Ill., Jun 17,
1987)
Summary: National origin discrimination suit; unclear if religious element;
but no governmental party nor governmental act challenged
173-NA
Zuckerstein v. Argonne Nat. Laboratory, 663 F.Supp. 569, 48 Fair
Empl.Prac.Cas. (BNA) 854, 43 Empl. Prac. Dec. P 37,185 (N.D.Ill., Jun 17,
1987)
Summary: Appeal from murder conviction in which juror was excluding for
opposing death penalty on religious grounds; no religious liberty claim by
defendant
174-NA
Javeri v. McMickens, 660 F.Supp. 325 (S.D.N.Y., May 14, 1987)
Summary: Religious liberty case, but involved only appointment of counsel
175-NA
E.E.O.C. v. Townley Engineering & Mfg. Co., 675 F.Supp. 566, 44 Fair
Empl.Prac.Cas. (BNA) 517, 43 Empl. Prac. Dec. P 37,233 (D.Ariz., May 11,
1987)
Summary: Religious discrimination suit against private employer; no
governmental employer nor governmental act challenged (the governmental
act of applying Title VII to this employer is directly addressed on appeal, so
that decision is included -- 150-FE)
176-NA
E.E.O.C. v. Davey Tree Surgery Co., 671 F.Supp. 1260, 125 L.R.R.M.
(BNA) 2157, 43 Fair Empl.Prac.Cas. (BNA) 1177, 43 Empl. Prac. Dec. P
37,059, 111 Lab.Cas. P 11,188 (N.D.Cal., Apr 16, 1987)
Summary: Religious discrimination and accommodation claims involving
private employment; no governmental employer nor governmental act
challenged
177-NA
Mustfov v. Rice, 663 F.Supp. 1255, 1988-1 Trade Cases P 67,990 (N.D.Ill.,
Mar 30, 1987)
Summary: Dispute involving regulation of tax cabs; no religious element
178-NA
American Baptist Churches in the U.S.A. v. Meese, 666 F.Supp. 1358
(N.D.Cal., Mar 30, 1987)
Summary: Although involves religious liberty issues, not ruling on merits
but rather preliminary rulings on standing and whether complaint states
cause of action; later cases in history address merits
179-NA
Manley v. Bronson, 657 F.Supp. 832 (D.Conn., Mar 20, 1987)
Summary: Although including denial of access to religious services as part
of prisoner’s complaint, only stated as one fact in whether administrative
segregation was cruel and unusual punishment under the Eighth
Amendment, not as religious liberty issue under the First Amendment
180-NA
University Club v. City of New York, 655 F.Supp. 1323, 55 USLW 2535
(S.D.N.Y., Mar 17, 1987)
Summary: Dispute involving application of city anti-discrimination statute
to private club and selective enforcement thereof; no religious element
181-NA
E.E.O.C. v. Chrysler Corp., 652 F.Supp. 1523, 45 Fair Empl.Prac.Cas.
(BNA) 513, 43 Empl. Prac. Dec. P 37,181 (N.D.Ohio, Feb 13, 1987)
Summary: Religious discrimination suit against private employer; no
governmental employer nor governmental act challenged
182-NA
Thomas v. First Federal Sav. Bank of Indiana, 653 F.Supp. 1330 (N.D.Ind.,
Feb 06, 1987)
Summary: Racial discrimination suit against bank; no governmental
employer nor governmental act challenged
183-NA
Estepa v. Shad, 652 F.Supp. 567, 61 Fair Empl.Prac.Cas. (BNA) 1715
(E.D.N.Y., Jan 28, 1987)
Summary: Age and national origin discrimination suit by federal employee;
no religious element
184-NA
Linsey v. E.F. Hutton & Co., Inc., 675 F.Supp. 1, Fed. Sec. L. Rep. P 93,669
(D.D.C., Nov 23, 1987)
Summary: Bishop brought suit on behalf of church against securities firm;
no religious liberty element
185-NA
U.S. v. Williams, 680 F.Supp. 358 (M.D.Fla., Nov 13, 1987)
Summary: Income tax evasion appeal, in which religion is briefly
mentioned as positive of defendant in sentencing; no religious liberty
element
186-NA
(inserted out of chronological order)
Abortion Rights Mobilization, Inc. v. Baker, 110 F.R.D. 337, 4
Fed.R.Serv.3d 960 (S.D.N.Y., May 08, 1986)
Summary: Religious liberty issues are raised as against judicial decision,
not executive-legislative-government officer action
187-NA
(inserted out of chronological order)
U.S. v. Heller, 785 F.2d 1524, 57 A.F.T.R.2d 86-1171, 86-1 USTC P 9443
(11th Cir.(Fla.), Apr 07, 1986)
Summary: Granting of mistrial due to religious slurs by jury during
deliberations; thus religious liberty issues not raised against executivelegislative-government officer action
188-NA
St. Agnes Hosp. of City of Baltimore, Inc. v. Riddick, 668 F.Supp. 478
(D.Md.) - 08/31/87
Summary: Although raising religious liberty issues in challenging denial of
accreditation, ruling was simply denial of motion to dismiss; subsequent
ruling was against hospital (748 F. Supp. 319 (D. Md. 1990) and is coded
189-NA
Box v. Petsock, 697 F.Supp. 821 (M.D.Pa., Nov 16, 1987)
Summary: Convicted criminal defendant charged ineffective assistance of
counsel in terms of evidence of religious beliefs and affiliations elicited at
trial; this claim was not directly against governmental party
190-NA
English v. Thorne, 676 F.Supp. 761 (S.D.Miss., Nov 10, 1987)
Summary: Private tort suit against Vatican; no governmental party nor
governmental act challenged
191-NA
Jeffery v. O'Donnell, 702 F.Supp. 513, 51 Ed. Law Rep. 460 (M.D.Pa., Sep
29, 1987)
Summary: Preliminary rulings on guardian ad litem; no merits ruling
192-NA
U.S. v. Fernandez-Dilone, 668 F.Supp. 245 (S.D.N.Y., Aug 21, 1987)
Summary: Alleged discrimination by prosecutor in offering plea bargains;
no religious element
193-NA
Pennsylvania Life Ins. Co. v. Bumbrey, 665 F.Supp. 1190 (E.D.Va., Aug
03, 1987)
Summary: Disability insurance coverage, when insured left home to go to
church; no governmental party nor governmental act challenged
194-NA
Contemporary Mission, Inc. v. New York Times Co., 665 F.Supp. 248, 14
Media L. Rep. 1921 (S.D.N.Y., Jul 10, 1987)
Summary: Defamation suit by group of Catholic priests against newspaper;
no governmental party nor governmental act challenged
195-NA
Kendysh v. Holy Spirit Byelorussian Autocephalic Orthodox Church, 683
F.Supp. 1501 (E.D.Mich., Jun 18, 1987)
Summary: Suit by Secretary of consistory of the Byelorussian Autocephalic
Orthodox Church against local parish for determination of ownership of
parish property; no governmental party nor governmental act challenged
196-NA
U.S. v. Gerena, 662 F.Supp. 1218 (D.Conn., Jun 03, 1987)
Summary: Question about reasonableness of search in criminal case; no
religious element
197-NA
Goodrich v. Marsh, 659 F.Supp. 855 (W.D.Ky., May 07, 1987)
Summary: Medical doctor sought release from military as religious
conscientious objector; decided on military statutory and regulatory grounds
with no religious liberty element directly addressed
198-NA
American Ass'n of Christian Schools Voluntary Employees Beneficiary
Ass'n Welfare Plan Trust v. U.S., 663 F.Supp. 275, 60 A.F.T.R.2d 87-5148,
87-1 USTC P 9328, 9 Employee Benefits Cas. 1523 (M.D.Ala., Mar 27,
1987)
Summary: Tax implications of welfare plan by churches for church
employees; decided on tax statutes with no religious liberty element directly
addressed
199-NA
U.S. v. Chambers, 655 F.Supp. 1441 (W.D.Mo., Mar 25, 1987)
Summary: Involving tax fraud by tax preparer in encouraging false use of
church and religious exemptions; dispute focused on tax statutes with no
religious liberty element directly addressed
199-NA
McNair v. McMickens, 115 F.R.D. 196 (S.D.N.Y., Mar 20, 1987)
Summary: Although involving prisoner religious liberty claim, ruling only
permitted amended complaint and said allegations stated cause of action; no
ruling on merits
200-NA
Anderson v. Worldwide Church of God, 661 F.Supp. 1400 (D.Minn., Mar
19, 1987)
Summary: Holding that First Amendment barred claims by contributors that
church fraudulently represented that the world was coming to an end; no
governmental party nor governmental actions challenged
201-NA
Estate of Strock v. U.S., 655 F.Supp. 1334, 59 A.F.T.R.2d 87-1258, 87-1
USTC P 13,717 (W.D.Pa., Mar 18, 1987)
Summary: Estate tax dispute; no religious element and decided on tax
statutes
202-NA
Lindenberg v. U.S. Dept. of Justice, I.N.S., 657 F.Supp. 154 (D.D.C., Mar
11, 1987)
Summary: Immigration case
203-NA
Bachur v. Democratic Nat. Party, 836 F.2d 837, 56 USLW 2395 (4th
Cir.(Md.), Dec 29, 1987)
Summary: Allocation of delegates to party convention on basis of sex; no
religious element
204-NA
Americans United for Separation of Church and State v. School Dist. of
City of Grand Rapids, 835 F.2d 627, 56 USLW 2349, 43 Ed. Law Rep. 543
(6th Cir.(Mich.), Dec 16, 1987)
Summary: Post-merits ruling on attorney’s fees request
205-NA
Page v. C.I.R., 823 F.2d 1263, 60 A.F.T.R.2d 87-5301, 87-2 USTC P 9420
(8th Cir., Jul 14, 1987)
Summary: Tax case; no religious element
206-NA
U.S. v. Burzynski Cancer Research Institute, 819 F.2d 1301 (5th Cir.(Tex.),
Jun 25, 1987)
Summary: Dispute about distribution of supposed cancer medication; no
religious element
207-NA
Paul v. Watchtower Bible and Tract Soc. of New York, Inc., 819 F.2d 875,
56 USLW 2007, 93 A.L.R. Fed. 737 (9th Cir.(Wash.), Jun 10, 1987)
Summary: Rejecting tort claim by former member of religious group against
sect for “shunning”; no governmental party nor governmental act
challenged
208-NA
U.S. v. Quinn, 815 F.2d 153 (1st Cir.) - 03/23/87
Summary: Miranda warning case; no religious element
209-NA
Saladin v. City of Milledgeville, 812 F.2d 687 (11th Cir.(Ga.), Mar 17,
1987)
Summary: Holding that establishment challenge to city logo was moot
210-NA
Saladin v. City of Milledgeville, 812 F.2d 687 (11th Cir.(Ga.), Mar 17,
1987)
Summary: Social security retirement benefits dispute; no religious element
211-NA
E.E.O.C. v. McLean Trucking Co., 834 F.2d 398, 56 USLW 2352, 45 Fair
Empl.Prac.Cas. (BNA) 679, 45 Empl. Prac. Dec. P 37,676, 16
Bankr.Ct.Dec. 1180, Bankr. L. Rep. P 72,120 (4th Cir.(N.C.), Dec 02,
1987)
Summary: Racial discrimination and bankruptcy dispute; no religious
element
212-NA
U.S. v. DeTar, 832 F.2d 1110, 102 A.L.R. Fed. 117, 60 A.F.T.R.2d 876055, 87-2 USTC P 9621 (9th Cir.(Nev.), Nov 17, 1987)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
213-NA
Doss v. South Cent. Bell Telephone Co., 834 F.2d 421, 45 Fair
Empl.Prac.Cas. (BNA) 994, 45 Empl. Prac. Dec. P 37,743 (5th Cir.(Miss.),
Nov 16, 1987)
Summary: Age discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
214-NA
Woodbury v. New York City Transit Authority, 832 F.2d 764, 56 USLW
2307, 45 Fair Empl.Prac.Cas. (BNA) 268, 45 Empl. Prac. Dec. P 37,592
(2nd Cir.(N.Y.), Nov 04, 1987)
Summary: Race discrimination suit by public employees; no religious
element
215-NA
Fleisher v. City of Signal Hill, 829 F.2d 1491 (9th Cir.(Cal.), Oct 14, 1987)
Summary: Suit by discharged police officer; no religious element
216-NA
Corporation of Presiding Bishop of Church of Jesus Christ of Latter-Day
Saints v. Hodel, 830 F.2d 374, 265 U.S.App.D.C. 226 (D.C.Cir., Oct 09,
1987)
Summary: Dispute involving voiding of sale of property to church, but it
involved private rights and nature of property buyer as religious entity was
not basis of dispute
217-NA
Donoghue v. Orange County, 848 F.2d 926, 46 Fair Empl.Prac.Cas. (BNA)
1844, 46 Empl. Prac. Dec. P 38,013 (9th Cir.(Cal.), Sep 29, 1987)
Summary: Suit by discharged deputy sheriff; no religious element
218-NA
E.E.O.C. v. Ithaca Industries, Inc., 829 F.2d 519, 56 USLW 2181, 44 Fair
Empl.Prac.Cas. (BNA) 1575, 44 Empl. Prac. Dec. P 37,469 (4th Cir.(N.C.),
Sep 24, 1987)
Summary: Private religious discrimination suit, because it found employer
made reasonable accommodation, court did not address establishment claim
-- on rehearing at 30-EC, court did
219-NA
Davidson v. City of Clinton, Miss., 826 F.2d 1430 (5th Cir.(Miss.), Sep 15,
1987)
Summary: Dispute about zoning limitations on nightclubs (including
proximity to church), but no religious liberty or establishment challenge
220-NA
Riordan v. Kempiners, 831 F.2d 690, 56 USLW 2175, 44 Fair
Empl.Prac.Cas. (BNA) 1355, 28 Wage & Hour Cas. (BNA) 425, 44 Empl.
Prac. Dec. P 37,418, 107 Lab.Cas. P 34,957 (7th Cir.(Ill.), Sep 08, 1987)
Summary: Sex discrimination suit by public employee; no religious element
221-NA
Hudson v. Moore Business Forms, Inc., 836 F.2d 1156, 48 Fair
Empl.Prac.Cas. (BNA) 898, 2 IER Cases 1049 (9th Cir.(Cal.), Sep 02, 1987)
Summary: Sex discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
222-NA
Smith v. Pyro Min. Co., 827 F.2d 1081, 56 USLW 2155, 44 Fair
Empl.Prac.Cas. (BNA) 1152, 44 Empl. Prac. Dec. P 37,350, 45 Empl. Prac.
Dec. P 37,614 (6th Cir.(Ky.), Sep 01, 1987)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
223-NA
U.S. v. Silien, 825 F.2d 320 (11th Cir.(Fla.), Aug 21, 1987)
Summary: Criminal charge of fraudulent marriage for immigration reasons
and selective prosecution claim; no religious element
224-NA
Conway v. Electro Switch Corp., 825 F.2d 593, 56 USLW 2131, 44 Fair
Empl.Prac.Cas. (BNA) 753, 43 Empl. Prac. Dec. P 37,264, 23 Fed. R. Evid.
Serv. 1024 (1st Cir.(Mass.), Aug 06, 1987)
Summary: Sex discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
225-NA
Carey v. Continental Airlines, Inc., 823 F.2d 1402 (10th Cir.(Okla.), Jul 15,
1987)
Summary: Dispute between pilot and airline; no religious element and no
governmental party nor governmental act challenged
226-NA
U.S. v. Nersesian, 824 F.2d 1294, 23 Fed. R. Evid. Serv. 487 (2nd
Cir.(N.Y.), Jun 29, 1987)
Summary: Appeal from conviction on narcotics charges; no religious
element
227-NA
E.E.O.C. v. Caribe Hilton Intern., 821 F.2d 74, 43 Empl. Prac. Dec. P
37,268 (1st Cir.(Puerto Rico), Jun 23, 1987)
Summary: Religious discrimination suit against private employer; attorney’s
fee award
228-NA
Jarrett v. U.S., 822 F.2d 1438 (7th Cir.(Ill.), Jun 17, 1987)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
229-NA
M & M Supermarkets, Inc. v. N.L.R.B., 818 F.2d 1567, 56 USLW 2067,
125 L.R.R.M. (BNA) 2918, 44 Empl. Prac. Dec. P 37,365, 106 Lab.Cas. P
12,402 (11th Cir., Jun 12, 1987)
Summary: Labor relations dispute with private employer
230-NA
Galloway v. State of La., 817 F.2d 1154 (5th Cir.(La.), May 29, 1987)
Summary: Tort suit by injured correctional officer; no religious element
231-NA
Torres v. Rebarchak, 814 F.2d 1219 (7th Cir.(Ill.), Mar 23, 1987)
Summary: Racial housing discrimination; no religious element
232-NA
Maguire v. Marquette University, 814 F.2d 1213, 55 USLW 2551, 43 Fair
Empl.Prac.Cas. (BNA) 578, 42 Empl. Prac. Dec. P 36,870, 38 Ed. Law Rep.
433, 1 IER Cases 1675 (7th Cir.(Wis.), Mar 20, 1987)
Summary: Religious discrimination against private religious university; no
governmental party nor governmental act challenged (no challenge to
validity or application of statute to religious school)
233-NA
Roberts v. Corrothers, 812 F.2d 1173 (9th Cir.(Cal.), Mar 16, 1987)
Summary: Parole dispute; no religious element
234-NA
Greater Los Angeles Council on Deafness, Inc. v. Zolin, 812 F.2d 1103 (9th
Cir.(Cal.), Mar 11, 1987)
Summary: Deaf group sued for interpreters for deaf jurors; no religious
element
235-NA
Roe v. Abortion Abolition Soc., 811 F.2d 931, 55 USLW 2498 (5th
Cir.(Tex.), Mar 09, 1987)
Summary: Primarily suit by abortion providers asserting civil rights
conspiracy by anti-abortion group; not a religious liberty claim against
municipal defendants
236-NA
U.S. v. Woods, 812 F.2d 1483 (4th Cir.(S.C.), Mar 05, 1987)
Summary: Appeal in mail fraud conviction, in which argument is made of
racial use of excusing of juror, but counter-argument is that juror may have
attended defendant’s church; not a religious liberty case
237-NA
Taylor v. City of Fort Lauderdale, 810 F.2d 1551 (11th Cir.(Fla.), Mar 02,
1987)
Summary: Post-merits appeal on attorney’s fee issue only
238-NA
U.S. v. Smith, 812 F.2d 161 (4th Cir.(Va.), Feb 20, 1987)
Summary: Appeal from assault conviction arising from radical political
group’s solicitation in airport; no religious element
239-NA
U.S. v. Hollins, 811 F.2d 384 (7th Cir.(Ind.), Feb 10, 1987)
Summary: Appeal from conviction involving altered or forged money
orders, in which minor claim of prosecutorial misconduct was made because
prosecutor asked defense witness about defendant’s religious affiliation; no
significant religious liberty issue involved
240-NA
Tyler v. Black, 811 F.2d 424 (8th Cir.(Mo.), Feb 06, 1987)
Summary: Prisoner complaint about prison conditions, in which passing
reference is made to the availability of religious activities as mitigating
factor in confinement; no religious liberty claims
241-NA
Mullen v. Blackburn, 808 F.2d 1143 (5th Cir.(La.), Feb 05, 1987)
Summary: Appeal from armed robbery conviction, in which defendant
complaints that presentence report failed to note his new-found
religiousness; no religious liberty claims
242-NA
Tamimi v. Howard Johnson Co., Inc., 807 F.2d 1550, 42 Fair
Empl.Prac.Cas. (BNA) 1289, 42 Empl. Prac. Dec. P 36,769 (11th Cir.(Ala.),
Jan 20, 1987)
Summary: Sex discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
243-NA
Garner v. Wal-Mart Stores, Inc., 807 F.2d 1536, 55 USLW 2399, 42 Fair
Empl.Prac.Cas. (BNA) 1141, 42 Empl. Prac. Dec. P 36,914 (11th Cir.(Ala.),
Jan 08, 1987)
Summary: Sex discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
244-NA
Garner v. Wal-Mart Stores, Inc., 807 F.2d 1536, 55 USLW 2399, 42 Fair
Empl.Prac.Cas. (BNA) 1141, 42 Empl. Prac. Dec. P 36,914 (11th Cir.(Ala.),
Jan 08, 1987)
Summary: Dispute between private religious university and administrative
agency demanding reimbursement of students; while academic freedom
issues are raised, no religious element appears nor religious content of
speech
245-NA
Almodovar v. Reiner, 832 F.2d 1138 (9th Cir.(Cal.), Nov 17, 1987)
Summary: Constitutional challenge to statutes restricting ability to make
sexually-explicit films; no religious element
246-NA
Agudas Chasidei Chabad of U.S. v. Gourary, 833 F.2d 431 (2nd Cir.(N.Y.),
Nov 17, 1987)
Summary: Internal religious dispute over ownership of certain books; no
governmental party nor governmental act challenged
247-NA
Agudas Chasidei Chabad of U.S. v. Gourary, 650 F.Supp. 1463 (E.D.N.Y.,
Jan 06, 1987)
Summary: Internal religious dispute over ownership of certain books; no
governmental party nor governmental act challenged
248-NA
Bartlett v. Bowen, 816 F.2d 695, 55 USLW 2517, 259 U.S.App.D.C. 391,
17 Soc.Sec.Rep.Ser. 437, Medicare and Medicaid Guide (C 36,200
(D.C.Cir., Mar 17, 1987)
Summary: Ruling solely upon justiciability question, that is, whether
Congress precluded and could constitutionally preclude district court review
of administrative decision; no ruling on merits
249-NA
Crowder v. Southern Baptist Convention, 828 F.2d 718 (11th Cir.(Ga.), Sep
28, 1987)
Summary: Disclaiming jurisdiction under
parliamentary ruling at a church convention
First
Amendment
over
250-NA
Kurtz v. Baker, 829 F.2d 1133, 265 U.S.App.D.C. 1 (D.C.Cir., Sep 18,
1987)
Summary: Reversing on standing grounds; no ruling on merits
251-NA
Kulle v. I.N.S., 825 F.2d 1188 (7th Cir.(Ill.), Aug 05, 1987)
Summary: Immigration case
252-NA
Staples v. C.I.R., 821 F.2d 1324, 56 USLW 2053, 60 A.F.T.R.2d 87-5180,
87-2 USTC P 9403 (8th Cir., Jul 01, 1987)
Summary: Because court concluded that contributions for Scientology
auditing were deductible, the court did not go beyond tax statutes to reach
constitutional questions
253-NA
Hansen v. C.I.R., 820 F.2d 1464, 60 A.F.T.R.2d 87-5240, 87-2 USTC P
9402 (9th Cir., Jun 30, 1987)
Summary: Rejecting tax exemption for taxpayer’s specially-created church;
ruling based on tax statutes; no religious liberty issues
254-NA
World Famous Drinking Emporium, Inc. v. City of Tempe, 820 F.2d 1079
(9th Cir.(Ariz.), Jun 26, 1987)
Summary: Nightclub challenged denial of entertainment permit; free speech
but no religious element
255-NA
Paul v. Watchtower Bible and Tract Soc. of New York, Inc., 819 F.2d 875,
56 USLW 2007, 93 A.L.R. Fed. 737 (9th Cir.(Wash.), Jun 10, 1987)
Summary: Rejecting tort claim by former member of religious group against
sect for “shunning”; no governmental party nor governmental act
challenged
256-NA
U.S. v. Dube, 820 F.2d 886, 60 A.F.T.R.2d 87-5029, 87-1 USTC P 9351,
22 Fed. R. Evid. Serv. 1354 (7th Cir.(Ill.), May 28, 1987)
Summary: Application of clergy-penitent privilege; on religious liberty
question, no governmental party nor governmental act challenged
257-NA
Tucker v. Kemp, 819 F.2d 978 (11th Cir.(Ga.), May 27, 1987)
Summary: Murder case with death penalty; people with religious views
against death penalty dismissed from jury and question of whether objection
was properly raised on habeas corpus; no religious liberty claim involved
258-NA
U.S. v. Giry, 818 F.2d 120 (1st Cir.(Puerto Rico), May 13, 1987)
Summary: Inflammatory appeal to jurors’ religious beliefs, but no religious
liberty claim by defendants
259-NA
Polykoff v. Collins, 816 F.2d 1326, 55 USLW 2642, 14 Media L. Rep. 1065
(9th Cir.(Ariz.), May 07, 1987)
Summary: Constitutional challenge to laws banning sale of obscene
materials; no religious element
260-NA
Artiga Turcios v. I.N.S., 829 F.2d 720 (9th Cir., Mar 24, 1987)
Summary: Immigration case
261-NA
Flanagan v. U.S., 810 F.2d 930, 59 A.F.T.R.2d 87-1212, 87-1 USTC P
13,718 (10th Cir.(Okla.), Jan 27, 1987)
Summary: Dispute involving estate tax; no religious liberty element
262-NA
Christ the King Regional High School v. Culvert, 815 F.2d 219, 55 USLW
2561, 124 L.R.R.M. (BNA) 3193, 106 Lab.Cas. P 12,347, 38 Ed. Law Rep.
880 (2nd Cir.(N.Y.), Mar 26, 1987) (NO. 787, 86-7947)
Summary: Holding that district court should have abstained on religious
liberty/First Amendment issue; no merits ruling
263-NA
In re Green, 103 B.R. 852, Bankr. L. Rep. P 72855A (W.D.Mich., Dec 28,
1988)
Summary: While arguably qualifying as an Establishment category case, the
underlying dispute is between private parties with no governmental party
and no executive or legislative governmental act is challenged because the
bankruptcy statutes are not actually attacked as unconstitutional but only the
action of a judicial actor — the bankruptcy judge — in determining that a
tithe to a church is exclude from disposable income
264-NA
Lumpkin v. Burns, 702 F.Supp. 242 (D.Nev., Dec 01, 1988)
Summary: Mere denial of motion to dismiss on complaint; no ruling on
merits and case goes forward on prisoner’s claim regarding Christian
modesty
265-NA
U.S. v. Vendrell-Pena, 700 F.Supp. 1174 (D.Puerto Rico, Oct 26, 1988)
Summary: Miranda warning case; no religious element
266-NA
Arneth v. Gross, 699 F.Supp. 450 (S.D.N.Y., Oct 20, 1988)
Summary: Preliminary procedural rulings on claims by foster children in
Catholic schools that they were denied access to contraceptives
267-NA
In re Grand Jury Proceedings, 700 F.Supp. 626 (D.Puerto Rico, Oct 17,
1988)
Summary: Holding that fact that target of grand jury investigation had filed
complaint against brother of United States Attorney, with brother
participating as government witness in grand jury investigation, warranted
recusal of United States Attorney, but did not require disqualification of
entire United States Attorney's office from further participation in case; no
religious element
268-NA
Korenyi v. Department of Sanitation of City of New York, 699 F.Supp. 388
(E.D.N.Y., Sep 16, 1988)
Summary: Holding that free exercise challenge to city sick-leave policy
was not justiciable because plaintiff couldn’t show past or likely future
injury (essentially a standing concept)
269-NA
Garcia v. Williams, 704 F.Supp. 984, 51 Fair Empl.Prac.Cas. (BNA) 255
(N.D.Cal., Sep 01, 1988)
Summary: Failed Bivens suit by secretary to federal judge, including trivial
religious element buried amongst other claims; dismissed on basis of
inadequacy of allegation
270-NA
Moenius v. Stevens, 688 F.Supp. 1054 (D.Md., Jun 20, 1988)
Summary: Complaints by arrestee being placed in AIDS cell; no religious
element
271-NA
Heidy v. U.S. Customs Service, 681 F.Supp. 1445, 56 USLW 2545
(C.D.Cal., Mar 02, 1988)
Summary: Dispute involving seizure of material upon re-entry to U.S. from
Nicaragua; no religious element
272-NA
South-Suburban Housing Center v. Greater South Suburban Bd. of Realtors,
713 F.Supp. 1068 (N.D.Ill., Dec 19, 1988)
Summary: Challenge to city restrictions on real estate signs; no religious
element
273-NA
Cary v. Anheuser-Busch, Inc., 741 F.Supp. 1219, 53 Fair Empl.Prac.Cas.
(BNA) 955 (E.D.Va., Dec 16, 1988)
Summary: Religious discrimination suit against private employee; no
governmental party nor governmental act challenged
274-NA
E.E.O.C. v. University of Detroit, 701 F.Supp. 1326, 57 USLW 2435, 48
Fair Empl.Prac.Cas. (BNA) 1021, 49 Empl. Prac. Dec. P 38,915, 51 Ed.
Law Rep. 128 (E.D.Mich., Dec 13, 1988)
Summary: Religious discrimination suit against private college and union;
no governmental party nor governmental act challenged
275-NA
U.S. v. Semple, 702 F.Supp. 295 (D.D.C., Dec 08, 1988)
Summary: Prosecution for camping in public park and selective prosecution
defense; no clear religious element or religious liberty claim involved
276-NA
Invisible Empire of the Knights of the Ku Klux Klan, Maryland Chapter By
and Through Kelly v. Mayor, Bd. of Com'rs, and Chief of Police of Town of
Thurmont, Md., 700 F.Supp. 281, 57 USLW 2347 (D.Md., Dec 01, 1988)
Summary: Parade request by KKK, although tangential references to
Christianity, there is no religious focus to case
277-NA
Henley v. Octorara Area School Dist., 701 F.Supp. 545 (E.D.Pa., Nov 30,
1988)
Summary: Dispute involving troublemaker arrested and barred from school;
no religious element
278-NA
Mills v. Leath, 709 F.Supp. 671, 4 IER Cases 1458 (D.S.C., Nov 04, 1988)
Summary: Suit by discharged police officer; no religious element
279-NA
State Farm Fire & Cas. Co. v. Hiermer, 720 F.Supp. 1310, 50 Fair
Empl.Prac.Cas. (BNA) 1787, 53 Empl. Prac. Dec. P 39,789 (S.D.Ohio, Oct
26, 1988)
Summary:
Dispute with insurance company, including claim of
discrimination; no religious element
280-NA
Gray by Gray v. Romeo, 697 F.Supp. 580, 57 USLW 2256 (D.R.I., Oct 17,
1988)
Summary: Suit to require hospital to remove life-support for patient;
reference to statute allowing religious exemption to participating in abortion
as not applying; no constitutional or other religious liberty elements
281-NA
Dwomoh v. Sava, 696 F.Supp. 970 (S.D.N.Y., Oct 13, 1988)
Summary: Immigration case
282-NA
Francis v. Dugger, 697 F.Supp. 472 (S.D.Fla., Oct 07, 1988)
Summary: Habeas corpus case from death sentence; reference to defense
counsel as calling upon Christian mercy; no religious liberty element
283-NA
Hunziker v. German-American State Bank, 697 F.Supp. 1007 (N.D.Ill., Oct
03, 1988)
Summary: Civil rights suit by farmers who had livestock repossessed; no
religious liberty element
284-NA
Fuller v. Harding, 699 F.Supp. 64 (E.D.Pa., Sep 06, 1988)
Summary: Child custody dispute in which church is named as defendant
alleging violating civil rights; no governmental party nor governmental act
challenged
285-NA
Haitian Refugee Center, Inc. v. Nelson, 694 F.Supp. 864 (S.D.Fla., Aug 22,
1988)
Summary: Immigration case
286-NA
Irby v. Fitz-Hugh, 693 F.Supp. 424, 49 Ed. Law Rep. 546 (E.D.Va., Aug 18,
1988)
Summary: Voter racial discrimination case; no religious element
287-NA
Postell-Russell v. Inmont Corp., 691 F.Supp. 1, 3 IER Cases 1206
(E.D.Mich., Aug 11, 1988)
Summary: Racial discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
288-NA
Thomas v. Bible, 694 F.Supp. 750 (D.Nev., Aug 10, 1988)
Summary:
Suit involving exclusion of individual from gambling
establishments; no religious element
289-NA
Hoover v. Armco, Inc., 691 F.Supp. 184 (W.D.Mo., Aug 04, 1988)
Summary: Age discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
290-NA
Pilliard v. Meyer, 689 F.Supp. 979 (E.D.Mo., Aug 03, 1988)
Summary: Post-civil rights suit attorney’s fees request; and no religious
element
291-NA
Simmons v. Sports Training Institute, 692 F.Supp. 181, 47 Fair
Empl.Prac.Cas. (BNA) 801, 47 Empl. Prac. Dec. P 38,145 (S.D.N.Y., Jun
28, 1988)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
292-NA
P.L.S. Partners, Women's Medical Center of Rhode Island, Inc. v. City of
Cranston, 696 F.Supp. 788 (D.R.I., Jun 28, 1988)
Summary: Zoning dispute involving abortion facility; no religious element
293-NA
Bradshaw v. Oberg, 690 F.Supp. 31 (D.D.C., Jun 23, 1988)
Summary: Dispute involving strip search of public employee; no religious
element
294-NA
Diem v. City and County of San Francisco, 686 F.Supp. 806, 51 Fair
Empl.Prac.Cas. (BNA) 242, 48 Empl. Prac. Dec. P 38,593 (N.D.Cal., Jun
08, 1988)
Summary: Preliminary rulings on religious discrimination suit, finding
complaint stated cause of action; no final ruling on merits
295-NA
Scott v. Dugger, 686 F.Supp. 1488 (S.D.Fla., May 26, 1988)
Summary: Habeas corpus case, in which court rejected claim of insufficient
pool of Jewish jurors because judge refused continuance for Yom Kippur;
no clear religious liberty issue nor any action by executive or legislative part
of government
296-NA
Cominiello v. John Deere Co., 685 F.Supp. 759, 46 Fair Empl.Prac.Cas.
(BNA) 1840, 49 Empl. Prac. Dec. P 38,831 (D.Colo., May 05, 1988)
Summary: Sex discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
297-NA
Schertz v. Waupaca County, 683 F.Supp. 1551 (E.D.Wis., Mar 22, 1988)
Summary: Civil rights suit by acquitted criminal defendant; no religious
element
298-NA
Littlewolf v. Hodel, 681 F.Supp. 929 (D.D.C., Mar 17, 1988)
Summary: Suit involving federal trust responsibilities to Indians; no
religious element
299-NA
Durham v. Lithonia Lighting, 708 F.Supp. 341, 48 Empl. Prac. Dec. P
38,490, 50 Empl. Prac. Dec. P 39,029 (M.D.Ga., Mar 08, 1988)
Summary: Religious discrimination suit against private employer; no
governmental party no governmental act challenged
300-NA
Tagatz v. Marquette University, 681 F.Supp. 1344, 46 Fair Empl.Prac.Cas.
(BNA) 293, 46 Ed. Law Rep. 178, 24 Fed. R. Evid. Serv. 1166 (E.D.Wis.,
Feb 29, 1988)
Summary: Religious discrimination suit against religious college; no
governmental party no governmental act challenged (nor issue of
applicability of statutes to religious institution)
301-NA
Corporacion Insular de Seguros v. Garcia, 680 F.Supp. 476 (D.Puerto Rico,
Feb 24, 1988)
Summary: Dispute involving malpractice insurance consortium; no religious
element
302-NA
Thomas v. News World Communications, 681 F.Supp. 55, 15 Media L.
Rep. 1065 (D.D.C., Feb 23, 1988)
Summary: Suit by anti-nuclear protestors against newspapers; no
governmental party nor governmental act challenged
303-NA
Levine v. Supreme Court of Wisconsin, 679 F.Supp. 1478, 56 USLW 2471
(W.D.Wis., Feb 19, 1988)
Summary: Suit challenging integrated bar association; no religious element
304-NA
Kordenbrock v. Scroggy, 680 F.Supp. 867 (E.D.Ky., Feb 16, 1988)
Summary: Habeas corpus in which defendant argued he should have been
allowed to raise ethical and religious arguments against death penalty; no
clear-cut religious liberty element
305-NA
Touron v. Dade County, Fla., 119 F.R.D. 41, 59 Fair Empl.Prac.Cas. (BNA)
1886 (S.D.Fla., Jan 20, 1988)
Summary: Considering post-merits Rule 11 sanctions against attorney
306-NA
Chapin v. Webb, 701 F.Supp. 970 (D.Conn., Dec 20, 1988)
Summary: Military servicemember sought discharge as conscientious
objector; focus on application of statute to facts; not within study scope as
religious liberty claim
307-NA
Clarke v. U.S., 705 F.Supp. 605, 57 USLW 2379, 52 Ed. Law Rep. 64
(D.D.C., Dec 13, 1988)
Summary: District of Columbia city council members brought action
challenging constitutionality of congressional act depriving District of
appropriations if specified legislation were not adopted to authorize
religiously affiliated educational institutions to deny benefits or
endorsement to persons condoning homosexuality; intramural government
dispute; more free speech than religious element
308-NA
Pitts v. Pilkerton, 714 F.Supp. 285 (M.D.Tenn., Nov 16, 1988)
Summary: Suit involving city ban on portable signs; no significant religious
element
309-NA
Gookin v. U.S., 707 F.Supp. 1156, 63 A.F.T.R.2d 89-304, 88-2 USTC P
9613 (N.D.Cal., Nov 10, 1988)
Summary: Tax case involving church to shield income; no significant
religious liberty issues addressed, decided primarily on tax statutes
310-NA
First Nat. Bank of Atlanta v. Licari, 706 F.Supp. 876 (N.D.Ga., Oct 26,
1988)
Summary: Suit to recover on personal guaranty on loan; no religious
element and no governmental party nor governmental act challenged
311-NA
Eaves-Brooks Costume Co., Inc. v. U.S., 12 C.I.T. 996, 699 F.Supp. 317, 10
ITRD 2227 (CIT, Oct 25, 1988)
Summary: Dispute involving classification of imported costumes for
taxation; no religious element
312-NA
Anderson by Anderson v. Indiana High School Athletic Ass'n, 699 F.Supp.
719, 50 Ed. Law Rep. 443 (S.D.Ind., Sep 26, 1988)
Summary: Suit by student challenging ineligibility for athletics after transfer
to religious school; but religious element is not clear and court determines
no state (governmental) action involved
313-NA
Grunwald v. Bornfreund, 696 F.Supp. 838 (E.D.N.Y., Sep 15, 1988)
Summary: Intramural religious dispute in which court determines it lacks
authority to prevent excommunication
314-NA
New Era Publications Intern., ApS v. Henry Holt and Co., Inc., 695 F.Supp.
1493, 57 USLW 2178, 1988 Copr.L.Dec. P 26,308, 8 U.S.P.Q.2d 1713, 15
Media L. Rep. 2161 (S.D.N.Y., Aug 09, 1988)
Summary: Private copyright dispute, involving religious materials; no
governmental party nor governmental act challenged
315-NA
Combs v. Bakker, 692 F.Supp. 596, RICO Bus.Disp.Guide 7029 (W.D.N.C.,
Aug 08, 1988)
Summary: Private claim of fraudulent conduct by religious entity; no
governmental party nor governmental act challenged
316-NA
Williams v. State Bd. of Elections, 696 F.Supp. 1559 (N.D.Ill., Jul 20, 1988)
Summary: Voter racial discrimination suit; no religious element
317-NA
Baird v. Haith, 724 F.Supp. 367, 55 Fair Empl.Prac.Cas. (BNA) 1789
(D.Md., Aug 31, 1988)
Summary: Holding that discharged nurse’s civil rights claims against
administrator of VA medical center and others (including religious liberty)
claims were preempted by Title VII and that no Bivens action was available
for violation of First Amendment; thus avoiding any ruling on merits of
claim
318-NA
Moore v. Tri-City Hosp. Authority, 696 F.Supp. 1496 (N.D.Ga., Jun 27,
1988)
Summary: Denial of motions for summary judgment in discharged
chaplain’s civil rights suit (involving religious speech) on grounds factual
disputes remained; no ruling on merits
319-NA
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 688 F.Supp.
1522 (S.D.Fla., Jun 10, 1988)
Summary: Granting legislative immunity to mayor and city council as
defendants, but not yet addressing claims directly against city; no ruling on
merits
320-NA
U.S. v. Rainbow Family, 695 F.Supp. 294 (E.D.Tex., Jun 01, 1988)
Summary: Requiring special use permit for group to gather in national
forest; no clear religious element
321-NA
Chen v. Georgetown University, 685 F.Supp. 83, 47 Ed. Law Rep. 176
(S.D.N.Y., May 26, 1988)
Summary: Volunteer in university internship program providing volunteer
medical assistance to refugees in Southeast Asia brought action against
private religiously-affiliated university to recover damages for injuries
sustained as a consequence of motor vehicle accident in Thailand; no
religious element
322-NA
In re Naturalization of Del Olmo, 682 F.Supp. 489 (D.Or., Mar 31, 1988)
Summary: Although having religious element and involving naturalization;
fact that alien is claimant is involved places case still into immigration
category, excluded from scope of this study
323-NA
Northeast Women's Center, Inc. v. McMonagle, 689 F.Supp. 465 (E.D.Pa.,
Mar 31, 1988)
Summary: Although conspiracy suit by medical center against anti-abortion
protestors had First Amendment aspect, suit was between private parties; no
governmental party nor was any governmental act (such as a statute)
challenged as invalid (no constitutional or parallel-statutory claims
addressed)
324-NA
In re Heritage Village Church and Missionary Fellowship, Inc., 87 B.R. 401,
61 A.F.T.R.2d 88-818, 88-1 USTC P 9234 (D.S.C., Mar 07, 1988)
Summary: Suit involving revocation of tax exempt status; based on taxation
law; no religious liberty claims addressed
325-NA
Schneider v. Colegio de Abogados de Puerto Rico, 682 F.Supp. 674, 56
USLW 2522 (D.Puerto Rico, Mar 03, 1988)
Summary: Challenge to compulsory membership in bar association; no
religious element
326-NA
Estate of Harvey v. U.S., 678 F.Supp. 1268, 61 A.F.T.R.2d 88-1352, 88-1
USTC P 13,758 (E.D.La., Feb 11, 1988)
Summary: Tax refund claim regarding charitable testamentary gift; no
religious element
327-NA
The Bible Speaks v. Dovydenas, 81 B.R. 750 (D.Mass., Jan 25, 1988)
Summary: Debtor in bankruptcy sought return of contribution to church on
grounds of undue influence; although pastor claimed First Amendment
protection of statements made, court found not religious in nature; in any
event, dispute involving private parties with no governmental parties nor
governmental act challenged
328-NA
U.S. v. Bucey, 691 F.Supp. 1077 (N.D.Ill., Jan 04, 1988)
Summary: Money laundering charges in which defendant’s business status
as tax-exempt religious organization was a factor in case; but no religious
liberty claims addressed
329-NA
Austin v. Berryman, 862 F.2d 1050, 57 USLW 2355, 49 Fair
Empl.Prac.Cas. (BNA) 26, Unempl.Ins.Rep. (CCH) P 21,907 (4th Cir.(Va.),
Dec 06, 1988)
Summary: Although within scope of study, counted later when case is
reheard en banc to avoid double-counting
330-NA
Pulido v. Bennett, 860 F.2d 296, 49 Ed. Law Rep. 1133 (8th Cir.(Mo.), Oct
18, 1988)
Summary: Ruling limited to standing question
331-NA
Reproductive Health Service v. Webster, 851 F.2d 1071 (8th Cir.(Mo.), Jul
13, 1988)
Summary: Abortion law case; no clear religious element
332-NA
Farid v. Smith, 850 F.2d 917 (2nd Cir.(N.Y.), Jun 22, 1988)
Summary: Prisoner raised tag-along free exercise claim for first time on
appeal
333-NA
Taub v. Com. of Ky., 842 F.2d 912, 56 USLW 2561 (6th Cir.(Ky.), Mar 29,
1988)
Summary: Challenge to use of state funds for automotive plant; no religious
element
334-NA
Summers v. State Farm Mut. Auto. Ins. Co., 864 F.2d 700, 48 Fair
Empl.Prac.Cas. (BNA) 1107, 48 Empl. Prac. Dec. P 38,543, 12
Fed.R.Serv.3d 1375 (10th Cir.(Utah), Dec 30, 1988)
Summary: Religious discrimination suit against private employer; no
governmental party or governmental act challenge
335-NA
Tagatz v. Marquette University, 861 F.2d 1040, 50 Fair Empl.Prac.Cas.
(BNA) 99, 48 Empl. Prac. Dec. P 38,462, 50 Ed. Law Rep. 332 (7th
Cir.(Wis.), Nov 16, 1988)
Summary: Religious discrimination suit against religious college; no
governmental party no governmental act challenged (nor issue of
applicability of statutes to religious institution)
336-NA
U.S. v. Michaud, 860 F.2d 495, 62 A.F.T.R.2d 88-5940, 88-2 USTC P
9577 (1st Cir.(N.H.), Oct 31, 1988)
Summary: Income tax evasion case, involving donation of land to
nonexempt church; no religious liberty issues
337-NA
Hammond v. County of Madera, 859 F.2d 797 (9th Cir.(Cal.), Oct 19, 1988)
Summary: Trespass suit; no religious element
338-NA
Boureslan v. Aramco, 857 F.2d 1014, 57 USLW 2237, 48 Fair
Empl.Prac.Cas. (BNA) 1, 48 Empl. Prac. Dec. P 38,394 (5th Cir.(Tex.), Oct
17, 1988)
Summary: Employment discrimination suit against private employer; no
governmental party nor governmental act challenged
339-NA
U.S. v. Richardson, 856 F.2d 644 (4th Cir.) - 09/12/88
Summary: Question of discretion in use of pretrial diversion program; no
religious element
340-NA
Van Cleave v. U.S., 854 F.2d 82 (5th Cir.(Tex.), Sep 02, 1988)
Summary: Issues of treatment of pretrail detainee, including abandoned
claim of loss of Bible; no significant religious liberty issue
341-NA
Hall v. Ford, 856 F.2d 255, 272 U.S.App.D.C. 301, 49 Ed. Law Rep. 26
(D.C.Cir., Aug 26, 1988)
Summary: University athletic director challenged dismissal on free speech
grounds; no religious element
342-NA
U.S. v. Layton, 855 F.2d 1388, 26 Fed. R. Evid. Serv. 988 (9th Cir.(Cal.),
Aug 16, 1988)
Summary: Criminal charges arising out of murder of Congressman and
others by religious cult in Gyana; no religious liberty issues addressed
343-NA
Fulghum v. Ford, 850 F.2d 1529, 26 Fed. R. Evid. Serv. 770 (11th Cir.(Ga.),
Aug 03, 1988)
Summary: Habeas corpus petition, in which issue of insanity because of
delusional compulsions triggered by religious stimuli is addressed; no
religious liberty issues addressed
344-NA
Hayes v. Lockhart, 852 F.2d 339 (8th Cir.(Ark.), Jul 22, 1988)
Summary: Ineffective assistance of counsel claim, in which mention is made
of prosecutor’s quotations from Bible; no religious liberty issues addressed
345-NA
Hudson v. Western Airlines, Inc., 851 F.2d 261, 47 Fair Empl.Prac.Cas.
(BNA) 295, 47 Empl. Prac. Dec. P 38,117 (9th Cir.(Cal.), Jul 01, 1988)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
346-NA
U.S. v. Lamberti, 847 F.2d 1531, 62 A.F.T.R.2d 88-5771, 88-2 USTC P
9614 (11th Cir.(Fla.), Jun 28, 1988)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
347-NA
Levitt v. University of Texas at El Paso, 847 F.2d 221, 47 Fair
Empl.Prac.Cas. (BNA) 90, 46 Empl. Prac. Dec. P 38,045, 46 Ed. Law Rep.
1128 (5th Cir.(Tex.), Jun 16, 1988)
Summary: Religious discrimination suit against public university, but
decided on issue preclusion grounds
348-NA
Volk v. Coler, 845 F.2d 1422, 56 USLW 2679, 46 Fair Empl.Prac.Cas.
(BNA) 1287, 46 Empl. Prac. Dec. P 37,957 (7th Cir.(Ill.), May 02, 1988)
Summary: Sex discrimination suit by public employee; no religious element
349-NA
Bernstein v. Aetna Life & Cas., 843 F.2d 359, 46 Fair Empl.Prac.Cas.
(BNA) 824, 3 IER Cases 380 (9th Cir.(Ariz.), Mar 31, 1988)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
350-NA
Smith v. Horner, 839 F.2d 1530, 46 Fair Empl.Prac.Cas. (BNA) 513, 46
Empl. Prac. Dec. P 37,914 (11th Cir.(Ga.), Mar 18, 1988)
Summary: Racial discrimination suit by federal employee; no religious
element
351-NA
Eversley v. MBank Dallas, 843 F.2d 172, 46 Fair Empl.Prac.Cas. (BNA)
1126, 46 Empl. Prac. Dec. P 37,940 (5th Cir.(Tex.), Mar 03, 1988)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
352-NA
Lake v. B.F. Goodrich Co., 837 F.2d 449, 46 Fair Empl.Prac.Cas. (BNA)
569, 45 Empl. Prac. Dec. P 37,787 (11th Cir.(Ala.), Feb 11, 1988)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
353-NA
SDJ, Inc. v. City of Houston, 837 F.2d 1268 (5th Cir.(Tex.), Feb 10, 1988)
Summary: Dispute involving zoning of sexually-oriented business, which
includes rules regard proximity to churches as well as schools, etc., but no
challenge based upon churches as religious entities
354-NA
Fillingim v. Boone, 835 F.2d 1389 (11th Cir.(Fla.), Jan 22, 1988)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
355-NA
Jaffree v. Wallace, 837 F.2d 1461, 44 Ed. Law Rep. 111 (11th Cir.(Ala.),
Jan 22, 1988)
Summary: Although raising religious liberty issues, was decided on res
judicata
356-NA
IDK, Inc. v. Clark County, 836 F.2d 1185, 56 USLW 2393 (9th Cir.(Nev.),
Jan 08, 1988)
Summary: Challenge on First Amendment grounds to escort service
ordinance; no religious element
357-NA
Welch v. Butler, 835 F.2d 92, 56 USLW 2406 (5th Cir.(La.), Jan 05, 1988)
Summary: Defendant argued that his confession was coerced because the
police played upon his religious beliefs with respect to salvation; not really
a religious liberty issue
358-NA
Dowd v. Society of St. Columbans, 861 F.2d 761 (1st Cir.(Mass.), Nov 22,
1988)
Summary: Priest sued missionary society for negligence in regard to alleged
abandonment of priest by society after priest became ill while performing
missionary duties in Japan; decided res judicata question
359-NA
M.A. A26851062 v. U.S. I.N.S., 858 F.2d 210 (4th Cir., Sep 29, 1988)
Summary: Immigration case
360-NA
Estate of Sachs v. C.I.R., 856 F.2d 1158, 62 A.F.T.R.2d 88-6000, 88-2
USTC P 13,781 (8th Cir., Sep 15, 1988)
Summary: Estate tax case involving charitable gift; no religious liberty
issues
361-NA
Schehl v. C.I.R., 855 F.2d 364, 62 A.F.T.R.2d 88-5567, 88-2 USTC P 9493
(6th Cir., Sep 01, 1988)
Summary: Close case on whether should be included; individual withheld
taxes for political/religious reasons; contends was singled out for penalty,
but doesn’t actually make religious discrimination/religious liberty
argument with respect to that, nor was cause one of religious expression
362-NA
U.S. v. Jeffries, 854 F.2d 254, 62 A.F.T.R.2d 88-5391, 88-2 USTC P 9459
(7th Cir.(Ind.), Aug 11, 1988)
Summary: Another close case on whether should be included; tax evasion
charge against individual who declared himself as tax-exempt church;
although religious liberty issues seem to be in background, focus of decision
is on application of tax rules and defendant’s defense is mistake of law, not
claim of religious right
363-NA
American Ass'n of Christian Schools Voluntary Employees Beneficiary
Ass'n Welfare Plan Trust by Janney v. U.S., 850 F.2d 1510, 62 A.F.T.R.2d
88-5366, 88-2 USTC P 9452, 10 Employee Benefits Cas. 1006 (11th
Cir.(Ala.), Aug 02, 1988)
Summary: Tax implications of welfare plan by churches for church
employees; decided on tax statutes with no religious liberty element directly
addressed, see also 198-NA
364-NA
Neher v. C.I.R., 852 F.2d 848, 62 A.F.T.R.2d 88-5196, 88-2 USTC P 9430
(6th Cir., Jul 19, 1988)
Summary: Because court concluded that contributions for Scientology
auditing were deductible, the court did not go beyond tax statutes to reach
constitutional questions
365-NA
New Mexico Navajo Ranchers Ass'n v. I.C.C., 850 F.2d 729, 271
U.S.App.D.C. 36 (D.C.Cir., Jun 21, 1988)
Summary: Another close case on whether should be included; dispute
concerns ICC approval of construction of train line over Navajo lands to
serve nearby coal mines, which impinges on sacred lands, but issue never
quite evolves into religious liberty dispute as much as question on whether
Navajo religious authorities as well as secular authorities had to be
consulted
366-NA
N.L.R.B. v. Carl Weissman & Sons, Inc., 849 F.2d 449, 57 USLW 2043,
128 L.R.R.M. (BNA) 2756, 109 Lab.Cas. P 10,570 (9th Cir., Jun 16, 1988)
Summary: Concerned whether union election had to be repeated due to antiSemetic slur during campaign; no religious liberty claims against
government raised
367-NA
Freedom From Religion Foundation, Inc. v. Zielke, 845 F.2d 1463 (7th
Cir.(Wis.), May 10, 1988)
Summary: Although involving posting of ten commandments in state park,
was decided on standing grounds
368-NA
Foley v. C.I.R., 844 F.2d 94, 61 A.F.T.R.2d 88-1019, 88-1 USTC P 9293
(2nd Cir., Apr 19, 1988)
Summary: Because court concluded that contributions for Scientology
auditing were deductible, the court did not go beyond tax statutes to reach
constitutional questions
369-NA
Ecclesiastical Order of the Ism of Am, Inc. v. Chasin, 845 F.2d 113, 61
A.F.T.R.2d 88-1060, 88-1 USTC P 9361, 10 Fed.R.Serv.3d 1137 (6th
Cir.(Mich.), Apr 18, 1988)
Summary: Constitutional tort claim against federal officers based on
religious grounds, but held sovereign immunity and qualified immunity
barred reaching claims on merits; see also 65-NA
370-NA
U.S. v. Simon, 842 F.2d 552, 25 Fed. R. Evid. Serv. 364 (1st Cir.(Puerto
Rico), Mar 25, 1988)
Summary: In charge regarding marijuana smuggling, defendant asked judge
to take judicial notice of fact that Rastafarians used marijuana as part of
religion based on roughly 20-year-old research paper and dissertation; but
not clearly presented as religious liberty claim of right
371-NA
Contemporary Mission, Inc. v. New York Times Co., 842 F.2d 612, 15
Media L. Rep. 1180 (2nd Cir.(N.Y.), Mar 16, 1988)
Summary: Defamation suit by group of Catholic priests against newspaper;
no governmental party nor governmental act challenged; see also 194-NA
372-NA
FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298 (5th Cir.(Tex.), Feb 12,
1988)
Summary: Dispute involving zoning of sexually-oriented business; no
religious element
373-NA
National Foods, Inc. v. Rubin, 727 F.Supp. 104 (S.D.N.Y., Dec 18, 1989)
Summary: Dispute between manufacturer and state regulator of kosher
meat, but ultimately involves no properly plead religious disagreement
374-NA
Sherman v. Community Consol. School Dist. 21 of Wheeling Tp., 714
F.Supp. 932, 54 Ed. Law Rep. 834 (N.D.Ill., May 12, 1989)
Summary: Religious liberty dispute, but only preliminary ruling that
complaint states a claim; later district court ruling in 1991 (758 F. Supp.
1244) is more properly coded (76-EC)
375-NA
Americans United for Separation of Church and State v. School Dist. of
City of Grand Rapids, 717 F.Supp. 488, 55 Ed. Law Rep. 544 (W.D.Mich.,
May 04, 1989)
Summary: Post-merits ruling on attorney’s fee award request
376-NA
American Baptist Churches in the U.S.A. v. Meese, 712 F.Supp. 756
(N.D.Cal., Mar 24, 1989)
Summary: Free exercise claims of religious organizations challenging
prosecutions for harboring illegal aliens dismissed for lack of standing; no
ruling on merits
377-NA
Myers v. Pension Fund, Local One Amalgamated Lithographers of America,
704 F.Supp. 343 (E.D.N.Y., Jan 27, 1989)
Summary: Dispute regarded pension; no religious element
378-NA
Rosa v. Burns & Roe Services Corp., 726 F.Supp. 350, 61 Fair
Empl.Prac.Cas. (BNA) 619 (D.Puerto Rico, Dec 11, 1989)
Summary: Racial discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
379-NA
Taylor v. National Group of Companies, Inc., 729 F.Supp. 575, 52 Fair
Empl.Prac.Cas. (BNA) 832, 54 Empl. Prac. Dec. P 40,207, 5 IER Cases 531
(N.D.Ohio, Dec 08, 1989)
Summary: Racial and religious discrimination suit against private employer;
no governmental party nor governmental act challenged
380-NA
Sherman v. Prudential-Bache Securities Inc., 732 F.Supp. 541 (E.D.Pa., Nov
28, 1989)
Summary: Discrimination suit against private employer; no governmental
party nor governmental act challenged
381-NA
Emanuel v. Barry, 724 F.Supp. 1096 (E.D.N.Y., Nov 14, 1989)
Summary: Private civil rights suit against private party for property
destruction; no governmental party nor governmental act challenged
382-NA
Mercado v. Kingsley Area Schools/Traverse City Public Schools Adult
Educ. Consortium, 727 F.Supp. 335, 58 Ed. Law Rep. 115 (W.D.Mich., Nov
14, 1989)
Summary: Suit alleging misappropriation of public funds; no religious
element
383-NA
Gersman v. Group Health Ass'n, Inc., 725 F.Supp. 573, 52 Empl. Prac. Dec.
P 39,644 (D.D.C., Nov 13, 1989)
Summary: Private civil rights suit against private party with religious
discrimination element; no governmental party nor governmental act
challenged
384-NA
Avila v. Coca-Cola Co., 728 F.Supp. 685, 51 Fair Empl.Prac.Cas. (BNA)
1615, 54 Empl. Prac. Dec. P 40,096 (M.D.Fla., Oct 02, 1989)
Summary: Discrimination suit against private employer, post-relief
attorney’s fee request; no governmental party nor governmental act
challenged
385-NA
Moore v. A.E. Staley Mfg. Co., 727 F.Supp. 1156, 51 Fair Empl.Prac.Cas.
(BNA) 1401, 52 Empl. Prac. Dec. P 39,712 (N.D.Ill., Sep 26, 1989)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
386-NA
Church of Jesus Christ of Latter-Day Saints v. Jefferson County, Ala., 721
F.Supp. 1212 (N.D.Ala., Sep 23, 1989)
Summary: Holding issues of material fact remained on free exercise
challenge to zoning; no ruling on merits as consequence
387-NA
Doe v. University of Michigan, 721 F.Supp. 852, 58 USLW 2198, 56 Ed.
Law Rep. 821 (E.D.Mich., Sep 22, 1989)
Summary: General challenge to university speech code; not focused on
religious expression
388-NA
Prieto v. Metropolitan Dade County, 718 F.Supp. 934 (S.D.Fla., Aug 29,
1989)
Summary: Lunch wagon operator brought civil rights action against county,
and requested that county be enjoined from enforcing provision of county
code, which stated that no new use of land could be made without first
obtaining certificate of use; no religious element
389-NA
Pearl Meadows Mushroom Farm, Inc. v. Nelson, 723 F.Supp. 432
(N.D.Cal., Aug 24, 1989)
Summary: Immigration-related case and no religious element
390-NA
Cochran v. St. Louis Preparatory Seminary, 717 F.Supp. 1413, 58 USLW
2175, 50 Fair Empl.Prac.Cas. (BNA) 1012, 51 Empl. Prac. Dec. P 39,453
(E.D.Mo., Aug 18, 1989)
Summary: Age discrimination suit by seminarian against seminary; holding
that act doesn’t apply to church-related institution and thereby avoiding
constitutional question; no governmental party nor governmental act
challenged
391-NA
Cochran v. St. Louis Preparatory Seminary, 717 F.Supp. 1413, 58 USLW
2175, 50 Fair Empl.Prac.Cas. (BNA) 1012, 51 Empl. Prac. Dec. P 39,453
(E.D.Mo., Aug 18, 1989)
Summary: Franchise dispute; no religious element and no governmental
party nor governmental act challenged
392-NA
Smithfield Concerned Citizens for Fair Zoning v. Town of Smithfield By
and Through Rainville, 719 F.Supp. 75 (D.R.I., Jul 21, 1989)
Summary: General zoning dispute; no religious element
393-NA
Sofferin v. American Airlines, Inc., 717 F.Supp. 597, 50 Fair
Empl.Prac.Cas. (BNA) 1245 (N.D.Ill., Jul 10, 1989)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
394-NA
Gannett Satellite Information Network, Inc. v. Berger, 716 F.Supp. 140, 58
USLW 2057, 16 Media L. Rep. 2057 (D.N.J., Jul 06, 1989)
Summary: Newspaper publisher brought action seeking declaratory and
injunctive relief based on its claim that the public airport’s refusal to permit
newspaper vending machines to be installed at an airport violated its
constitutional rights; no religious element
395-NA
McCollum v. City of Powder Springs, Ga., 720 F.Supp. 985 (N.D.Ga., Jul
06, 1989) (NO. CIV.A. 88-CV-1119JTC)
Summary: Dispute over beer and wine license; no religious element
396-NA
Harris v. Dugger, 715 F.Supp. 364 (S.D.Fla., Jun 27, 1989)
Summary: Referral of religious liberty case to magistrate for findings; no
ruling on merits
397-NA
Hernandez v. Woodard, 714 F.Supp. 963, 58 USLW 2017 (N.D.Ill., Jun 13,
1989)
Summary: Voting rights dispute; no religious element
398-NA
Kucharek v. Hanaway, 714 F.Supp. 1499 (E.D.Wis., Jun 12, 1989)
Summary: Challenge by adult business to obscenity statute; no religious
element
399-NA
U.S. v. Lansdowne Swim Club, 713 F.Supp. 785 (E.D.Pa., May 10, 1989)
Summary: Government suit against swim club for racial discrimination; no
religious element
400-NA
Fields v. Texas Cent. Educ. Agency, 754 F.Supp. 530, 65 Ed. Law Rep. 370
(E.D.Tex., May 03, 1989)
Summary: School district employees brought Title VII action against district
for allegedly adopting teacher competency examination which had disparate
impact on blacks; no religious element
401-NA
Talley v. Leo J. Shapiro & Associates, Inc., 713 F.Supp. 254, 49 Fair
Empl.Prac.Cas. (BNA) 1260, 4 IER Cases 601 (N.D.Ill., Apr 28, 1989)
Summary: Discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
402-NA
Lewandowski v. Two Rivers Public School Dist., 711 F.Supp. 1486, 53 Ed.
Law Rep. 1200 (E.D.Wis., Apr 25, 1989)
Summary: Discrimination suit against public employer; no religious element
403-NA
Thillens, Inc. v. Fryzel, 712 F.Supp. 1319, 1989-2 Trade Cases P 68,823
(N.D.Ill., Apr 07, 1989)
Summary: Challenge to check cashing regulations; no religious element
404-NA
Littman v. Firestone Tire & Rubber Co., 709 F.Supp. 461, 49 Fair
Empl.Prac.Cas. (BNA) 879, 50 Empl. Prac. Dec. P 38,957 (S.D.N.Y., Mar
30, 1989)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
405-NA
Rattner v. Netburn, 733 F.Supp. 162 (S.D.N.Y., Mar 27, 1989)
Summary: Citizen sued for violation of free speech rights in dispute with
village, in which plaintiff’s religion was not an issue
406-NA
Freeman v. CSX Transp. Co., Inc., 730 F.Supp. 1084, 51 Fair
Empl.Prac.Cas. (BNA) 761 (M.D.Ala., Mar 22, 1989)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
407-NA
Kosta v. Connolly, 709 F.Supp. 592 (E.D.Pa., Mar 15, 1989)
Summary: Sign posters prosecuted under Pennsylvania statute for placing
political posters on utility poles during political campaign brought action
against mayor, who had allegedly instructed chief of police to cite sign
posters, police chief, and borough, alleging malicious prosecution, selective
enforcement, violation of constitutional rights, and violation of civil rights
statutes; no religious element
408-NA
Jones v. Kemp, 706 F.Supp. 1534 (N.D.Ga., Feb 16, 1989)
Summary: Holding it was constitutional error for trial court to permit
Christian Bible to go into jury room at request of jurors during sentencing
phase; but no religious liberty claim against executive/legislative acts of
government; outside scope of study
409-NA
Redner v. Citrus County, Fla., 710 F.Supp. 318 (M.D.Fla., Feb 13, 1989)
Summary: Promoters of nude dancing failed to properly allege
discrimination against supposed class of those whose beliefs conflict with
Christian beliefs (not a claim of religious rights)
410-NA
New Christian Valley M.B. Church v. Board of Educ. of School Dist. No.
149, 704 F.Supp. 868, 51 Ed. Law Rep. 924 (N.D.Ill., Feb 08, 1989)
Summary: Dispute between church and public school over school sold to
church at public auction; no clear religious liberty element; instead racial
discrimination appears to have been factor
411-NA
Sweeney v. Athens Regional Medical Center, 705 F.Supp. 1556, 57 USLW
2522, 1989-1 Trade Cases P 68,479 (M.D.Ga., Feb 03, 1989)
Summary: Nurse-midwife brought antitrust and free speech claims against
hospital; no religious element
412-NA
DeSisto College, Inc. v. Town of Howey-in-the-Hills, 706 F.Supp. 1479, 52
Ed. Law Rep. 520 (M.D.Fla., Jan 23, 1989)
Summary: Zoning dispute involving college; no religious element
413-NA
Messer v. Portland Adventist Medical Center, 707 F.Supp. 449 (D.Or., Jan
06, 1989)
Summary: Discrimination suit against private employer; no governmental
party nor governmental act challenged
414-NA
Munn v. Southern Health Plan, Inc., 719 F.Supp. 525, 58 USLW 2143
(N.D.Miss., Aug 14, 1989)
Summary: Wrongful death action against private entity, one issue being
First Amendment implications for liability given refusal to accept blood
transfusion on religious grounds; no governmental party nor governmental
act challenged
415-NA
Handschu v. Special Services Div., 737 F.Supp. 1289 (S.D.N.Y., Jul 18,
1989)
Summary: Suit involving activities (surveillance, infiltration) of public
security section of the intelligence division of the New York City police
department, with mention of files on certain sect as one issue; no significant
religious liberty issues decided
416-NA
Temple of the Lost Sheep, Inc. v. Abrams, 761 F.Supp. 237 (E.D.N.Y., Jun
07, 1989)
Summary: Religious society and one of its founders commenced federal
action against newspaper and state Attorney General for conspiracy and
First Amendment violations, but court abstained and issued no ruling on
merits
417-NA
Muhammed v. Board of Sup'rs of Southern University, 715 F.Supp. 732, 51
Empl. Prac. Dec. P 39,324, 54 Ed. Law Rep. 1185 (M.D.La., May 17, 1989)
Summary: Religious discrimination suit against public university, but court
holds suit barred by Eleventh Amendment
418-NA
Brian Ruud Intern. v. U.S., 733 F.Supp. 396, 66 A.F.T.R.2d 90-5007, 90-1
USTC P 50,112 (D.D.C., Apr 21, 1989)
Summary: Upholding religious organization’s request for tax exempt status,
based on tax statute, with no ruling on any religious liberty issues
419-NA
Morrison v. Brandeis University, 125 F.R.D. 14, 52 Fair Empl.Prac.Cas.
(BNA) 473, 49 Empl. Prac. Dec. P 38,917, 13 Fed.R.Serv.3d 906, 53 Ed.
Law Rep. 518(D.Mass., Mar 31, 1989)
Summary: Religious discrimination suit against private religiously-affiliated
university; no governmental party nor governmental act challenged
420-NA
Muhammad v. McMickens, 708 F.Supp. 607 (S.D.N.Y., Mar 29, 1989)
Summary: Although rejecting one of prisoner’s claims, holds that question
of fact remained on whether inmate’s religious dietary obligations were
sufficiently accommodated during his incarceration; no ruling on merits
421-NA
Levy v. Northport-East Northport Union Free School Dist., 708 F.Supp.
511, 52 Ed. Law Rep. 1014 (E.D.N.Y., Mar 23, 1989)
Summary: Post-merits ruling on attorney’s fees request
422-NA
Risk v. Kingdom of Norway, 707 F.Supp. 1159 (N.D.Cal., Mar 02, 1989)
Summary: Suit against Norway by father whose children were removed out
of country; obviously outside scope of study
423-NA
Minnesota Federation of Teachers v. Randall, 891 F.2d 1354, 57 Ed. Law
Rep. 1137 (8th Cir.(Minn.), Dec 13, 1989)
Summary: Standing ruling on establishment challenge by teachers to
students taking advanced courses at religious college; no ruling on merits
424-NA
In re U.S. Catholic Conference (USCC), 885 F.2d 1020, 58 USLW 2150, 65
A.F.T.R.2d 90-430, 89-2 USTC P 9576 (2nd Cir.(N.Y.), Sep 06, 1989)
Summary: Holding that pro-choice supporters’ challenge to tax exempt
status of Catholic Church had no standing
425-NA
Thomas v. Douglas, 877 F.2d 1428 (9th Cir.(Ariz.), Jun 22, 1989)
Summary: Deputy fired for whistleblowing; no religious element
426-NA
United Supermarkets, Inc. v. N.L.R.B., 862 F.2d 549, 130 L.R.R.M. (BNA)
2212, 110 Lab.Cas. P 10,887 (5th Cir., Jan 03, 1989)
Summary: Withdrawal of recognition of labor union; no religious element
427-NA
Toledo v. Nobel-Sysco, Inc., 651 F.Supp. 483, 41 Fair Empl.Prac.Cas.
(BNA) 282, 42 Empl. Prac. Dec. P 36,739 (D.N.M., Apr 02, 1986)
Summary: Private religious discrimination suit, no governmental parties or
governmental acts challenged
428-NA
U.S. v. Clemmons, 892 F.2d 1153 (3rd Cir.(Pa.), Dec 28, 1989)
Summary: Dispute concerning racial discrimination in peremptory strikes in
criminal case and whether religious motivation to strike was pretext; falls
outside religious liberty or discrimination claim
429-NA
Coats v. Pierre, 890 F.2d 728, 15 Fed.R.Serv.3d 583, 57 Ed. Law Rep. 389
(5th Cir.(Tex.), Dec 18, 1989)
Summary: Claim by instructor at public university that denial of tenure was
in retaliation for exercising First Amendment right to free speech; no
religious element or religious context to speech
430-NA
Thomas v. United Parcel Service, Inc., 890 F.2d 909, 58 USLW 2391, 132
L.R.R.M. (BNA) 3052, 113 Lab.Cas. P 11,697 (7th Cir.(Ill.), Nov 20, 1989)
Summary: Grievance dispute involving union and private employer; no
religious element and no governmental party nor governmental act
challenged
431-NA
Clarke v. U.S., 886 F.2d 404, 58 USLW 2192, 280 U.S.App.D.C. 387, 56
Ed. Law Rep. 731 (D.C.Cir., Sep 26, 1989)
Summary: District of Columbia city council members brought action
challenging constitutionality of congressional act depriving District of
appropriations if specified legislation were not adopted to authorize
religiously affiliated educational institutions to deny benefits or
endorsement to persons condoning homosexuality; intramural government
dispute; more free speech than religious element
432-NA
U.S. v. Lane, 883 F.2d 1484, 51 Empl. Prac. Dec. P 39,269 (10th
Cir.(Colo.), Aug 25, 1989)
Summary: Civil rights criminal case for killing Jewish talk-show host; no
religious liberty claims against government
433-NA
E.E.O.C. v. Hacienda Hotel, 881 F.2d 1504, 58 USLW 2163, 50 Fair
Empl.Prac.Cas. (BNA) 877, 51 Empl. Prac. Dec. P 39,250 (9th Cir.(Cal.),
Aug 10, 1989)
Summary: Religious discrimination suit against private employer; no
governmental acts challenged
434-NA
U.S. v. Gelb, 881 F.2d 1155 (2nd Cir.(N.Y.), Aug 01, 1989)
Summary: Rejecting claim of insufficient pool of Jewish jurors because
judge refused continuance for Jewish holidays; no clear religious liberty
issue nor any action by executive or legislative part of government
435-NA
U.S. v. Sanchez-Lopez, 879 F.2d 541 (9th Cir.(Idaho), Jun 22, 1989)
Summary: Challenge to representation of Hispanics on jury pool; no clear
religious liberty element
436-NA
U.S. v. Schoolcraft, 879 F.2d 64 (3rd Cir.(Pa.), Jun 22, 1989)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
437-NA
Oxborrow v. Eikenberry, 877 F.2d 1395 (9th Cir.(Wash.), Jun 12, 1989)
Summary: Holding that defendant did not show that sentencing court's
general reference to abuse of trust of persons who made investments with
defendant had anything to do with religion or that the court had improperly
drawn the inference that defendant's religious beliefs were a sham; no claim
of religious liberty against executive/legislative branches of government
438-NA
Carter v. City of Miami, 870 F.2d 578, 49 Fair Empl.Prac.Cas. (BNA) 1014,
49 Empl. Prac. Dec. P 38,904 (11th Cir.(Fla.), Apr 19, 1989)
Summary: Age discrimination suit by public employee; no clear religious
element (despite claim that supervisor referred to Jewish old ladies)
439-NA
U.S. v. Kidder, 869 F.2d 1328 (9th Cir.(Wash.), Mar 15, 1989)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
440-NA
Benzel v. Grammer, 869 F.2d 1105 (8th Cir.(Neb.), Mar 13, 1989)
Summary: Challenge to prison telephone policy for inmates in segregated
units; no religious element
441-NA
Zombro v. Baltimore City Police Dept., 868 F.2d 1364, 57 USLW 2512, 49
Fair Empl.Prac.Cas. (BNA) 297, 49 Empl. Prac. Dec. P 38,785 (4th
Cir.(Md.), Mar 03, 1989)
Summary: Age discrimination suit by public employee; no religious element
442-NA
Ripplinger v. Collins, 868 F.2d 1043 (9th Cir.(Ariz.), Feb 24, 1989)
Summary: Discrimination suit against private employer; no governmental
party nor governmental acts challenged
443-NA
Jackson v. Cain, 864 F.2d 1235 (5th Cir.(La.), Feb 09, 1989)
Summary: Prisoner claim, but no religious element here
444-NA
Cordero v. De Jesus-Mendez, 867 F.2d 1 (1st Cir.(Puerto Rico), Jan 24,
1989)
Summary: Suit by discharged public employee; no religious element
445-NA
E.E.O.C. v. General Lines, Inc., 865 F.2d 1555, 51 Fair Empl.Prac.Cas.
(BNA) 971, 48 Empl. Prac. Dec. P 38,623, 110 Lab.Cas. P 35,171 (10th
Cir.(Wyo.), Jan 20, 1989)
Summary: Discrimination suit against private employer; no religious
element and no governmental party nor governmental acts challenged
446-NA
Marks v. City of Chesapeake, Va., 883 F.2d 308 (4th Cir.(Va.), Aug 24,
1989)
Summary: Close case on inclusion; denial of use permit to palm reader on
basis of religious grounds by government decisionmakers; however, palm
reader did not claim religious rights, claim to be making religious
expression, nor even equal protection on basis of religious views; but rather
only addressed due process arbitrariness in decision
447-NA
U.S. v. Joseph, 892 F.2d 118, 282 U.S.App.D.C. 102 (D.C.Cir., Dec 29,
1989)
Summary: Dispute on appeal in criminal case about judge’s exclusion of a
single juror who indicated that Lord's "instructions"; no clear religious
liberty claim by defendant
448-NA
Sable Communications of California Inc. v. Pacific Tel. & Tel. Co., 890
F.2d 184, 67 Rad. Reg. 2d (P & F) 151 (9th Cir.(Cal.), Nov 22, 1989)
Summary: Dispute involving regulation of phone sex transmissions; no
religious element
449-NA
Garrick v. Weaver, 888 F.2d 687, 15 Fed.R.Serv.3d 324 (10th Cir.(N.M.),
Oct 30, 1989)
Summary: Private tort suit for damages; discussion about religious
implications of trustee’s limitations on spending from damages placed in
trust for children; issue held not ripe
450-NA
Phi Delta Theta Fraternity v. C.I.R., 887 F.2d 1302, 64 A.F.T.R.2d 89-5818,
89-2 USTC P 9600, 56 Ed. Law Rep. 769 (6th Cir., Oct 24, 1989)
Summary: Dispute involving tax exempt status of certain college fraternity
funds; no religious element
451-NA
General Conference Corp. of Seventh-Day Adventists v. Seventh-Day
Adventist Congregational Church, 887 F.2d 228, 12 U.S.P.Q.2d 1491 (9th
Cir.(Hawai'i), Oct 05, 1989)
Summary: Trademark dispute between religious entities; no governmental
party nor governmental act challenged
452-NA
California Save Our Streams Council, Inc. v. Yeutter, 887 F.2d 908 (9th
Cir.(Cal.), Oct 04, 1989)
Summary: Environmental groups and Indian tribe brought action
challenging issuance of license to construct and operate hydroelectric power
facility in national forest, in which Indian religious claims may be involved;
court ruling on jurisdictional issue only
453-NA
Combs v. Bakker, 886 F.2d 673, RICO Bus.Disp.Guide 7317 (4th
Cir.(N.C.), Sep 26, 1989)
Summary: Private claim of fraudulent conduct by religious entity; no
governmental party nor governmental act challenged
454-NA
Telco Communications, Inc. v. Carbaugh, 885 F.2d 1225 (4th Cir.(Va.), Sep
20, 1989)
Summary: Professional fundraiser brought action challenging
constitutionality of Virginia's charitable solicitation laws, but no clear
religious expression element
455-NA
Natal v. Christian and Missionary Alliance, 878 F.2d 1575 (1st Cir.(Puerto
Rico), Jul 14, 1989)
Summary: Intramural religious dispute in which clergyman brought
wrongful discharge suit; court declined to hear matter
456-NA
Postscript Enterprises, Inc. v. Peach, 878 F.2d 1114 (8th Cir.(Mo.), Jul 13,
1989)
Summary: Challenge by adult bookstore to obscenity laws; no religious
element
457-NA
Kircher v. U.S., 872 F.2d 1014, 63 A.F.T.R.2d 89-1205, 89-1 USTC P 9280
(Fed.Cir., Apr 24, 1989)
Summary: Discussion of taxation of priest’s wages; decided on taxation
statutes with no religious liberty issues addressed
458-NA
Anderson v. Schultz, 871 F.2d 762, 52 Ed. Law Rep. 936 (8th Cir.(N.D.),
Apr 04, 1989)
Summary: Religious liberty issues in challenge to compulsory school
attendance laws; but court abstained from hearing; no ruling on merits
459-NA
In re The Bible Speaks, 869 F.2d 628 (1st Cir.(Mass.), Mar 09, 1989)
Summary: Debtor in bankruptcy sought return of contribution to church on
grounds of undue influence; although pastor claimed First Amendment
protection of statements made, court found not religious in nature; in any
event, dispute involving private parties with no governmental parties nor
governmental act challenged
460-NA
Shamley v. ITT Corp., 869 F.2d 167 (2nd Cir.(N.Y.), Mar 01, 1989)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental acts challenged
461-NA
The Presbyterian Church (U.S.A.) v. U.S., 870 F.2d 518 (9th Cir.(Ariz.),
Mar 15, 1989)
Summary: Although raising religious liberty claims and the court’s decision
seems positive on those claims, the essence of the ruling was on standing,
immunity, and mootness
462-NA
Scott v. Hammock, 133 F.R.D. 610, 32 Fed. R. Evid. Serv. 459 (D.Utah,
Dec 07, 1990)
Summary: Private suit involving child abuse, in which church official was
sought to be deposted; no executive or legislative governmental act
challenged
463-NA
Lamont v. Schultz, 748 F.Supp. 1043, 59 USLW 2255, 63 Ed. Law Rep.
886 (S.D.N.Y., Oct 02, 1990)
Summary: Close question on whether to include, as court’s ruling on
establishment challenge comes close to at least partial ruling in favor of
challenge, but given that court ultimately denies summary judgment on
ground that factual issue remains as to which assisted educational
institutions are pervasively sectarian, it falls just short of a ruling on the
merits
464-NA
Csizmadia v. Fauver, 746 F.Supp. 483, 53 Fair Empl.Prac.Cas. (BNA) 1587
(D.N.J., Sep 17, 1990)
Summary: Issues of material fact remained on whether corrections policy
allowing opposite-sex officers to staff positions where they might see
inmates naked violated prisoners’ free exercise rights and thus summary
judgment denied; no ruling on merits
465-NA
Welsh v. Boy Scouts of America, 742 F.Supp. 1413, 59 USLW 2123
(N.D.Ill., Aug 09, 1990)
Summary: Although deprecating free exercise rights of Boy Scouts, the
decision ultimately is merely a denial of a motion to dismiss by the Boy
Scouts and is not a ruling on the merits against it; subsequently this same
court ruled in favor of the Boy Scouts on statutory ground that it was not a
public accommodation within meaning of federal Title II, 787 F. Supp. 1511
(N.D. Ill. 1992), aff’d, 993 F.2d 1267 (7th Cir. 1993)
466-NA
Moore v. Trippe, 743 F.Supp. 201 (S.D.N.Y., Jul 17, 1990)
Summary: Although holding that plaintiffs adequately alleged claim of
derisive behavior by city to discourage their free exercise of religion, the
court merely denied defendants’ motion to dismiss while also denying
plaintiffs’ motion for certification; not ruling on merits
467-NA
Minnesota Federation of Teachers v. Nelson, 740 F.Supp. 694, 61 Ed. Law
Rep. 1232 (D.Minn., Jul 02, 1990)
Summary: Another close case on whether to include in Establishment
category; court generally upholds statute against establishment challenge by
teachers to students taking advanced courses at religious colleges but also
holds that statute may not constitutionally apply to pervasively sectarian
colleges and holds that a question of fact remains on whether one particular
college is pervasively sectarian, thus preventing final judgment on merits
468-NA
Walker v. San Francisco Unified School Dist., 741 F.Supp. 1386, 62 Ed.
Law Rep. 209 (N.D.Cal., Jun 06, 1990)
Summary: Although plainly raising establishment issues, the court’s grant
of partial summary judgment to defendants addressed only part of the issues
raised by plaintiffs and thus to avoid double-counting is not coded here; the
later ruling, which was final and from which an appeal was taken, 761 F.
Supp. 1463 (N.D. Cal. 1991), is coded as Establishment 75-EC
469-NA
Burgess v. Rock Creek Baptist Church, 734 F.Supp. 30 (D.D.C., Apr 02,
1990)
Summary: Intramural religious dispute in which court determines it lacks
authority to adjudicate termination of membership in church
470-NA
Joyner v. Garrett, 751 F.Supp. 555, 58 Fair Empl.Prac.Cas. (BNA) 1235, 56
Empl. Prac. Dec. P 40,689 (E.D.Va., Nov 26, 1990)
Summary: Religious discrimination suit against federal government, but fact
issue as to whether Navy made sufficient attempt to accommodate
employee’s “born again” religious beliefs precluded summary judgment; no
ruling on merits
471-NA
Schwartz & Associates v. Elite Line, Inc., 751 F.Supp. 1366 (E.D.Mo., Nov
26, 1990)
Summary: Personal jurisdiction dispute in private lawsuit; no religious
element and no governmental party nor governmental act challenged
472-NA
Christian Knights of the Ku Klux Klan Invisible Empire, Inc. v. District of
Columbia, 751 F.Supp. 218 (D.D.C., Oct 29, 1990)
Summary: Although KKK called themselves Christian in this free speech
case involving a request for a march, no religious content of speech appears
to be involved nor any clearly religious nature of institution
473-NA
Bennett v. Village of Oak Park, 748 F.Supp. 1329 (N.D.Ill., Oct 25, 1990)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
474-NA
Cox v. Eichler, 765 F.Supp. 601, Fed. Sec. L. Rep. P 96,268 (N.D.Cal., Oct
25, 1990)
Summary: ERISA case; no religious element
475-NA
Peavy v. Polytechnic Institute of New York, 749 F.Supp. 58, 54 Fair
Empl.Prac.Cas. (BNA) 368 (E.D.N.Y., Oct 19, 1990)
Summary: Employee brought religious discrimination action against private
employer, Equal Employment Opportunity Commission (EEOC), and New
York Division of Human Rights; court granted dismissal of claim against
EEOC saying there is no cause of action for alleged failure to investigate
and act on claim; claims against government are not religious liberty claims
476-NA
Martin v. Scully, 748 F.Supp. 159 (S.D.N.Y., Oct 04, 1990)
Summary: Criminal appeal; no religious element
477-NA
Weiss v. Parker Hannifan Corp., 747 F.Supp. 1118, 57 Fair Empl.Prac.Cas.
(BNA) 216, 55 Empl. Prac. Dec. P 40,531 (D.N.J., Sep 26, 1990)
Summary: Religious discrimination suit against private employer; no
governmental party or governmental act challenge
478-NA
Sassower v. Field, 752 F.Supp. 1182 (S.D.N.Y., Sep 05, 1990)
Summary: Fair Housing suit against private entity; no governmental party or
governmental act challenge
479-NA
Morrison v. Martin, 755 F.Supp. 683 (E.D.N.C., Aug 16, 1990)
Summary: Prisoner complaint about treatment, including removal of items
(including a Bible) from his cell during suicide watch, but no clear free
exercise claim
480-NA
Morrison v. Martin, 755 F.Supp. 683 (E.D.N.C., Aug 16, 1990)
Summary: No error in excluding juror who was opposed to death penalty;
no clear religious liberty issue presented or addressed
481-NA
U.S. E.E.O.C. v. J.P. Stevens and Co., Inc., 740 F.Supp. 1135, 53 Fair
Empl.Prac.Cas. (BNA) 768, 54 Empl. Prac. Dec. P 40,266 (M.D.N.C., Jul
05, 1990)
Summary: Religious discrimination suit against private employer; no
governmental acts challenged
482-NA
American Federation of Government Employees, R.R. Retirement Bd.
Council, AFL-CIO v. U.S. R.R. Retirement Bd., 742 F.Supp. 450 (N.D.Ill.,
Jun 28, 1990)
Summary: Objection on freedom of association grounds by federal
employees to questions asking employees to disclose their membership in
all United States-based organizations, except labor unions, political or
religious organizations violated the First Amendment; not a religious liberty
issue as religious organizations were already excepted
483-NA
Davis v. City of Dallas, 748 F.Supp. 1165, 56 Fair Empl.Prac.Cas. (BNA)
669, 56 Empl. Prac. Dec. P 40,616 (N.D.Tex., Jun 14, 1990)
Summary:
element
Racial discrimination suit by public employee; no religious
484-NA
Little v. St. Mary Magdalene Parish, 739 F.Supp. 1003, 52 Fair
Empl.Prac.Cas. (BNA) 1837, 55 Empl. Prac. Dec. P 40,384, 61 Ed. Law
Rep. 598 (W.D.Pa., May 23, 1990)
Summary: Religious discrimination suit against private religious institution
(holding religious institution exempt from statute on basis of statutory
application); no governmental party nor governmental act challenged
485-NA
Pakledinaz v. Consolidated Rail Corp., 737 F.Supp. 47, 53 Fair
Empl.Prac.Cas. (BNA) 159 (E.D.Mich., May 22, 1990)
Summary: Race and sex discrimination suit against private employer; no
religious element and no governmental party or governmental act challenge
486-NA
New Hampshire Podiatric Medical Ass'n v. New Hampshire Hosp. Ass'n,
735 F.Supp. 448 (D.N.H., Apr 26, 1990)
Summary: Dispute involving hospital privileges for podiatrists; no religious
element
487-NA
Lucas v. Leaseway Multi Transp. Service, Inc., 738 F.Supp. 214, 137
L.R.R.M. (BNA) 2232, 118 Lab.Cas. P 10,538 (E.D.Mich., Apr 24, 1990)
Summary: Dispute between employee and employer and union; no religious
element and no governmental party nor governmental act challenged
488-NA
Zaintz v. City of Albuquerque, 739 F.Supp. 1462 (D.N.M., Apr 20, 1990)
Summary: Complaint by teenage dance business of unequal treatment as
compared to other businesses; no religious element
489-NA
Knights of the Ku Klux Klan v. Martin Luther King, Jr. Worshippers, 735
F.Supp. 745, 60 Ed. Law Rep. 494 (M.D.Tenn., Apr 19, 1990)
Summary: Another KKK parade permit case; free speech but no clear
religious or religious liberty element
490-NA
E.E.O.C. v. Arlington Transit Mix Inc., 734 F.Supp. 804, 52 Fair
Empl.Prac.Cas. (BNA) 1093, 54 Empl. Prac. Dec. P 40,070 (E.D.Mich., Apr
12, 1990)
Summary: Religious discrimination suit against private employer; no
governmental act challenged
491-NA
Williams v. County of Greene, 734 F.Supp. 235 (W.D.Va., Apr 04, 1990)
Summary: Flea market vendor licensing dispute; no religious element
492-NA
Freedlander v. Edens Broadcasting, Inc., 734 F.Supp. 221, 17 Media L. Rep.
1659 (E.D.Va., Mar 30, 1990)
Summary: Private defamation suit; no religious element and no
governmental party nor governmental act challenged
493-NA
U.S. v. Gigante, 737 F.Supp. 292 (D.N.J., Mar 26, 1990)
Summary: Union racketeering charge; no religious element
494-NA
E.E.O.C. v. J.C. Penney Co., Inc., 753 F.Supp. 192, 54 Fair Empl.Prac.Cas.
(BNA) 1535, 55 Empl. Prac. Dec. P 40,584 (N.D.Miss., Mar 20, 1990)
Summary: Religious discrimination suit against private employer; no
governmental act challenged
495-NA
Lomax v. McCaughtry, 731 F.Supp. 1388 (E.D.Wis., Mar 15, 1990)
Summary: Prisoner complaint, but no free exercise claim and equal
protection claim focuses upon general deprivation of freedoms in which
religious services are mentioned only in passing (and again outside of any
free exercise constitutional claim)
496-NA
E.E.O.C. v. Patrick Henry Educ. Ass'n, 741 F.Supp. 670, 135 L.R.R.M.
(BNA) 3265, 52 Fair Empl.Prac.Cas. (BNA) 911, 53 Empl. Prac. Dec. P
39,977, 62 Ed. Law Rep. 124 (N.D.Ohio, Mar 13, 1990)
Summary: Suit for religious discrimination is by public employees
(teachers) but claim is against union, not government; no governmental act
is challenged
497-NA
Globe Communications Corp. v. R.C.S. Rizzoli Periodici, S.p.A., 729
F.Supp. 973, 17 Media L. Rep. 1503 (S.D.N.Y., Jan 29, 1990)
Summary: Fraud contribution suit among private parties; no governmental
party nor governmental act challenged
498-NA
Government of Virgin Islands v. Bryan, 731 F.Supp. 720 (D.Virgin Islands,
Jan 27, 1990)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
499-NA
Young v. New York City Transit Authority, 729 F.Supp. 341, 58 USLW
2456 (S.D.N.Y., Jan 25, 1990)
Summary: Free speech claim by homeless individuals wishing to solicit
money at public facilities; no religious content to speech
500-NA
Thomas v. U.S. Secretary of Defense, 730 F.Supp. 362 (D.Kan., Jan 25,
1990)
Summary: Prisoner complaint regarding creation of “white ethnic club”;
free speech but no religious liberty claim
501-NA
Shamey v. Administrator, General Services Admin., 732 F.Supp. 122, 55
Fair Empl.Prac.Cas. (BNA) 1726, 29 Wage & Hour Cas. (BNA) 1123, 54
Empl. Prac. Dec. P 40,141 (D.D.C., Jan 23, 1990)
Summary: Employment discrimination suit by federal employee, but not
including religious discrimination
502-NA
Babcock v. Frank, 729 F.Supp. 279, 54 Fair Empl.Prac.Cas. (BNA) 1123,
53 Empl. Prac. Dec. P 39,963 (S.D.N.Y., Jan 16, 1990)
Summary: Sex discrimination suit by postal employee; no religious element
503-NA
Rivera v. U.S., 728 F.Supp. 250 (S.D.N.Y., Jan 11, 1990)
Summary: Suit involving legality of search by police; no religious element
504-NA
Firearms Control Section, 728 F.Supp. 990 (S.D.N.Y., Jan 04, 1990)
Summary: Suit by tenant of YMCA for discrimination; no religious element
and not even clear if governmental party is involved
505-NA
Vogel v. Independence Federal Sav. Bank, 728 F.Supp. 1210, 58 USLW
2447, 11 Employee Benefits Cas. 2703 (D.Md., Jan 03, 1990)
Summary: ERISA case; no religious element and no governmental party nor
governmental act challenged
506-NA
Yniguez v. Mofford, 730 F.Supp. 309, 58 USLW 2472, 53 Empl. Prac. Dec.
P 39,759 (D.Ariz., Feb 06, 1990)
Summary: Free speech challenge to English as official language for state
employees; no religious element
507-NA
Alger v. City of Chicago, Ill., 753 F.Supp. 228 (N.D.Ill., Dec 03, 1990), 748
F.Supp. 617 (N.D.Ill., Sep 19, 1990)
Summary: Establishment challenge to church except to landmark ordinance;
dismissed on standing grounds
508-NA
Hinrichs v. Goodrich, 753 F.Supp. 261 (W.D.Wis., Nov 30, 1990)
Summary: Aid to families with dependent children (AFDC) beneficiary
brought 1983 action claiming that her decision to teach her children at home
in accordance with her religious beliefs warranted exemption from
requirement that she register for AFDC work program in order to receive
benefits; ruling on whether to abstain and dismiss; no ruling on merits
509-NA
Wiggins v. Secretary of Army, 751 F.Supp. 1238 (W.D.Tex., Nov 30, 1990)
Summary: Soldier sought release from duty on ground he became
conscientious objector; however, his objection is not on religious grounds
510-NA
St. Agnes Hosp. of City of Baltimore, Inc. v. Riddick, 751 F.Supp. 75
(D.Md., Nov 15, 1990)
Summary: Post-judgment request for injunction pending appeal; earlier
decision is already coded, see 233-FE
511-NA
Phillips v. Virginia Bd. of Medicine, 749 F.Supp. 715 (E.D.Va., Nov 01,
1990)
Summary: To suit involving claim by psychiatrist that her license was
revoked on religious grounds, court abstained and thus no ruling on merits
512-NA
Chapp v. Bowman, 750 F.Supp. 274 (W.D.Mich., Oct 02, 1990)
Summary: Potential purchasers of residential real estate brought action
against executor of estate to recover for refusal to sell on basis of religion;
no governmental party nor governmental act challenged
513-NA
Weiss v. Parker Hannifan Corp., 747 F.Supp. 1118, 57 Fair Empl.Prac.Cas.
(BNA) 216, 55 Empl. Prac. Dec. P 40,531 (D.N.J., Sep 26, 1990)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
514-NA
Pathfinder Fund v. Agency for Intern. Development, 746 F.Supp. 192
(D.D.C., Sep 14, 1990)
Summary: Domestic family planning organizations brought action alleging
that government policy of requiring foreign nongovernmental planning
organizations receiving federal family planning funds to certify that they
would not perform or actively promote abortion violated domestic
organizations’ First Amendment expressive association rights; no clear
religious element and complicated by fact that association with foreign
entities is involved
515-NA
East v. U.S., 745 F.Supp. 1142 (D.Md., Sep 05, 1990)
Summary: Personal representative of senator's estate brought medical
malpractice action under the Federal Tort Claims Act for government
physicians’ alleged negligence in failing to timely diagnose senator's
hypothyroidism and to provide adequate psychiatric follow-up; no religious
element
516-NA
Sherman v. Community Consol. School Dist. 21 of Wheeling Tp., 745
F.Supp. 1371, 63 Ed. Law Rep. 177 (N.D.Ill., Aug 21, 1990)
Summary: Atheist challenge to recitation in school of Pledge of Allegiance;
but ruling only on standing and abstention; not ruling on merits; later ruling
is included at 76-EC
517-NA
Frankel v. Derwinski, 1 Vet.App. 23 (Vet.App., Aug 17, 1990)
Summary: Woman sued that a civil divorce did not dissolve the religious
marriage and that she is therefore entitled to death pension benefits as the
spouse of a veteran; decided on benefits statutes without clearly addressing
any religious liberty claim
518-NA
Estate of Johnson v. U.S., 742 F.Supp. 940, 71A A.F.T.R.2d 93-5040, 90-2
USTC P 60,032 (S.D.Miss., Jul 19, 1990)
Summary: Estate tax claim; no religious element
519-NA
U.S. v. Rode, 749 F.Supp. 1483, 66 A.F.T.R.2d 90-5531, 90-2 USTC P
50,383 (W.D.Mich., Jun 27, 1990)
Summary: Fraudulent behavior in failing to include as income proceeds
from bingo games operated by taxpayers under guise of number of
churches; no clear religious liberty claim
520-NA
Miller v. Tony and Susan Alamo Foundation, 748 F.Supp. 695 (W.D.Ark.,
Apr 27, 1990)
Summary: Suit by private individuals against religious entity for violation
of Fair Labor Standards Act and other wrongdoing; no clear religious liberty
claim, especially as religious organization defaulted in response to
complaint
521-NA
U.S. v. Taitz, 130 F.R.D. 442 (S.D.Cal., Apr 20, 1990)
Summary: Granting bail in part because of defendant's inability to carry out
religious rituals at correctional center; no religious liberty claim
522-NA
U.S. v. Taitz, 130 F.R.D. 442 (S.D.Cal., Apr 20, 1990)
Summary: Granting government's motion to exclude certain expert
testimony and holding that mental health professionals’ theories regarding
coercive persuasion practices of religious cults were not sufficiently
established within scientific community to be admissible as evidence of
defendant's theory that he was brainwashed by religious cult; no clear ruling
on religious liberty claim as didn’t go to merits of claim
523-NA
Bates v. Cekada, 130 F.R.D. 52, 16 Fed.R.Serv.3d 282 (E.D.Va., Feb 15,
1990)
Summary: Private intramural religious dispute and rulings on jurisdiction
and joinder
524-NA
Munn v. Algee, 730 F.Supp. 21 (N.D.Miss., Feb 08, 1990)
Summary: Wrongful death action in which victim had refused blood
transfusion on religious grounds; no governmental party nor governmental
act challenged
525-NA
Cokley v. Hayden, 731 F.Supp. 1013 (D.Kan., Jan 31, 1990)
Summary: Inmate’s action challenging requirement that he participate in a
“religiously oriented” substance abuse program in order to become eligible
for parole was mooted by inmate’s removal from the facility and the
program; no ruling on merits
526-NA
Video Store, Inc. v. Holcomb, 729 F.Supp. 579 (S.D.Ohio, Jan 30, 1990)
Summary: Video rental store operators brought suit against county
prosecutors for declaratory and injunctive relief, claiming conspiracy to
cause operators to cease sale and distribution of sexually explicit
videotapes; no religious element
527-NA
U.S. v. McDermott, 918 F.2d 319 (2nd Cir.(N.Y.), Sep 21, 1990)
Summary: Civil rights suit for false arrest; no religious element
528-NA
U.S. v. Skillman, 922 F.2d 1370, 31 Fed. R. Evid. Serv. 1133 (9th
Cir.(Cal.), Sep 14, 1990)
Summary: Criminal case involving burning of cross on lawn of black
family; no religious element
529-NA
Cordoba v. Hanrahan, 910 F.2d 691 (10th Cir.(N.M.), Aug 02, 1990)
Summary: Habeas corpus petition from conviction of drunk driving; no
religious element
530-NA
Famine Relief Fund v. State of W.Va., 905 F.2d 747 (4th Cir.(W.Va.), Jun
08, 1990)
Summary: Free speech challenge to regulation of solicitation of funds by
charitable organizations; not religious organization and no religious liberty
element
531-NA
U.S. v. Kuennen, 901 F.2d 103 (8th Cir.(Mo.), Apr 09, 1990)
Summary: Defendant charged with receipt of obscene material made “bald”
establishment claim with no argument; not a significant religious liberty
claim
532-NA
Leonardson v. City of East Lansing, 896 F.2d 190, 58 USLW 2522 (6th
Cir.(Mich.), Feb 13, 1990)
Summary: Constitutional challenge to police limits on social gathering that
had resulted in destruction; no religious element
533-NA
Church of Scientology of California v. U.S., 920 F.2d 1481, 67 A.F.T.R.2d
91-303, 91-1 USTC P 50,004, Unempl.Ins.Rep. (CCH) P 15812A (9th
Cir.(Cal.), Dec 12, 1990)
Summary: Dispute about church’s tax-exempt status under state law; no
challenge to tax statute; decided on tax statutes; no clear religious liberty
issue
534-NA
U.S. v. Peete, 919 F.2d 1168 (6th Cir.(Tenn.), Nov 28, 1990)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
535-NA
Kordenbrock v. Scroggy, 919 F.2d 1091 (6th Cir.(Ky.), Nov 21, 1990)
Summary: Witness excluded during sentencing to testify about defendant’s
Christian character; no clear religious liberty issue
536-NA
McCalden v. California Library Ass'n, 919 F.2d 538, 18 Fed.R.Serv.3d 94
(9th Cir.(Cal.), Nov 20, 1990), and
McCalden v. California Library Ass'n, 955 F.2d 1214, 22 Fed.R.Serv.3d
975 (9th Cir.(Cal.), Nov 20, 1990)
Summary: Holocaust revisionist sued Jewish groups and city for revocation
of contract regarding program and exhibit at conference; no clear religious
liberty issue and no religious content to speech involved
537-NA
Davis v. City of Charleston, Mo., 917 F.2d 1502 (8th Cir.(Mo.), Nov 02,
1990)
Summary: Civil rights suit by arrestee against judge; no religious element
538-NA
U.S. v. Columbus Country Club, 915 F.2d 877, 59 USLW 2253 (3rd
Cir.(Pa.), Oct 12, 1990)
Summary: Fair Housing religious discrimination suit against private
country club, which although claiming to fall within exemption for religious
organizations in statute, did not assert any constitutional claim or challenge
to validity of statute; falls short of clear religious liberty claim
539-NA
E.E.O.C. v. Universal Mfg. Corp., 914 F.2d 71, 59 USLW 2284, 53 Fair
Empl.Prac.Cas. (BNA) 1811, 54 Empl. Prac. Dec. P 40,283 (5th Cir.(Miss.),
Oct 05, 1990)
Summary: Religious discrimination suit against private employer; no
governmental act challenged
540-NA
U.S. v. McAnderson, 914 F.2d 934, 31 Fed. R. Evid. Serv. 341 (7th
Cir.(Ill.), Sep 28, 1990)
Summary: Criminal case against black Muslim group for alleged terrorist
activities and holding that trial court properly refused to ask questions of
potential jurors regarding prejudice due to evidence of Black Muslim faith
in trial of black defendants for conspiracy to commit terrorist acts, where
description of defendants’ gang as religious organization was subject of
much debate at trial and cornerstone of defense’s theory of case, and
therefore question would have assumed presence of religious element in
case; despite religious element, no clear religious liberty claims against
executive or legislative acts of government were raised; alleged religious
nature of group was raised to try to prove it was not a terrorist organization,
not as a religious exemption defense
541-NA
Merrick v. Northern Natural Gas Co., Div. of Enron Corp., 911 F.2d 426, 53
Fair Empl.Prac.Cas. (BNA) 1180, 54 Empl. Prac. Dec. P 40,180, 117
Lab.Cas. P 56,420, 5 IER Cases 1499 (10th Cir.(Okla.), Aug 23, 1990)
Summary: Age discrimination suit against private employer and religious
discrimination claim against co-worker; no governmental party nor
governmental acts challenged
542-NA
School Dist. for City of Royal Oak v. Continental Cas. Co., 912 F.2d 844,
53 Fair Empl.Prac.Cas. (BNA) 1262, 54 Empl. Prac. Dec. P 40,249, 62 Ed.
Law Rep. 854 (6th Cir.(Mich.), Aug 22, 1990)
Summary: Suit by insured school district against insurer regarding coverage
for religious discrimination against teacher; no governmental party nor
governmental acts challenged
543-NA
Cook v. Lindsay Olive Growers, 911 F.2d 233, 140 L.R.R.M. (BNA) 2020,
58 Fair Empl.Prac.Cas. (BNA) 930, 54 Empl. Prac. Dec. P 40,179, 116
Lab.Cas. P 10,280, 7 IER Cases 1767 (9th Cir.(Cal.), Aug 10, 1990)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental acts challenged
544-NA
Cuadras v. U.S. I.N.S., 910 F.2d 567 (9th Cir., Aug 03, 1990)
Summary: Immigration case
545-NA
Jamil v. Secretary, Dept. of Defense, 910 F.2d 1203, 53 Fair Empl.Prac.Cas.
(BNA) 1354, 54 Empl. Prac. Dec. P 40,124, 5 IER Cases 1369 (4th
Cir.(Md.), Aug 03, 1990)
Summary:
Employment discrimination suit by federal employee
(whistleblower case); no religious element
546-NA
U.S. v. Hernandez, 911 F.2d 981 (5th Cir.(Tex.), Jul 30, 1990)
Summary: Suit by arrestee for return of jewelry; no religious element
547-NA
Doherty v. U.S. Dept. of Justice, I.N.S., 908 F.2d 1108 (2nd Cir., Jun 29,
1990)
Summary: Immigration case
548-NA
Doe v. Garrett, 903 F.2d 1455, 59 USLW 2013, 53 Fair Empl.Prac.Cas.
(BNA) 335, 54 Empl. Prac. Dec. P 40,053, 1 A.D. Cases 1606 (11th
Cir.(Fla.), Jun 25, 1990)
Summary: HIV-positive naval reserve member challenged release from
active duty; no religious element
549-NA
Rathert v. Village of Peotone, 903 F.2d 510, 54 Empl. Prac. Dec. P 40,157,
5 IER Cases 918 (7th Cir.(Ill.), Jun 01, 1990)
Summary: Village police officers brought action against village and village
officials claiming that their being disciplined for wearing ear studs while off
duty violated their rights to substantive due process and to freedom of
association; no religious element
550-NA
Bachman v. St. Monica's Congregation, 902 F.2d 1259, 16 Fed.R.Serv.3d
1353 (7th Cir.(Wis.), May 23, 1990)
Summary: Jewish couple brought housing discrimination action against
Catholic parish, its priest, and others; no governmental party nor
governmental acts challenged
551-NA
Kucharek v. Hanaway, 902 F.2d 513, 60 Ed. Law Rep. 404 (7th Cir.(Wis.),
May 07, 1990)
Summary: Challenge by adult business to obscenity statute; no religious
element
552-NA
Cumpiano v. Banco Santander Puerto Rico, 902 F.2d 148, 58 USLW 2707,
52 Fair Empl.Prac.Cas. (BNA) 1444, 53 Empl. Prac. Dec. P 39,900 (1st
Cir.(Puerto Rico), May 04, 1990)
Summary: Sex discrimination suit against private employer; no religious
element and no governmental party nor governmental acts challenged
553-NA
Fowler v. Jones, 899 F.2d 1088, 16 Fed.R.Serv.3d 1068 (11th Cir.(Ala.),
Apr 30, 1990)
Summary: Declining to appoint counsel to represent inmante in suit for
alleged infringement of inmate's constitutional right to practice religion and
for retaliation for practice of religion; not ruling on merits of claim
554-NA
Correa-Martinez v. Arrillaga-Belendez, 903 F.2d 49, 16 Fed.R.Serv.3d 1108
(1st Cir.(Puerto Rico), Apr 30, 1990)
Summary: Former administrative employee named to a trust position in
Puerto Rico's judicial system brought action against three jurists, alleging
that he had been forced to resign in violation of his due process and First
Amendment rights; free speech and political rights claimed, but no religious
element
555-NA
Morgan v. Massachusetts General Hosp., 901 F.2d 186, 134 L.R.R.M.
(BNA) 2172, 53 Fair Empl.Prac.Cas. (BNA) 1780, 53 Empl. Prac. Dec. P
39,860, 16 Fed.R.Serv.3d 813, 30 Fed. R. Evid. Serv. 205 (1st Cir.(Mass.),
Apr 20, 1990)
Summary: Employment discrimination suit against apparently-private
hospital; no religious element
556-NA
E.E.O.C. v. University of Detroit, 904 F.2d 331, 58 USLW 2713, 52 Fair
Empl.Prac.Cas. (BNA) 1657, 54 Empl. Prac. Dec. P 40,058, 60 Ed. Law
Rep. 1085 (6th Cir.(Mich.), Apr 17, 1990)
Summary: Religious discrimination suit against private university and
union; no governmental acts challenged
557-NA
Zagano v. Fordham University, 900 F.2d 12, 65 Fair Empl.Prac.Cas. (BNA)
163, 53 Empl. Prac. Dec. P 39,804, 53 Empl. Prac. Dec. P 39,950, 16
Fed.R.Serv.3d 1013, 59 Ed. Law Rep. 691 (2nd Cir.(N.Y.), Mar 29, 1990)
Summary: Religious discrimination suit against private university; no
governmental party nor governmental acts challenged
558-NA
O'Connor v. City and County of Denver, 894 F.2d 1210 (10th Cir.(Colo.),
Jan 29, 1990)
Summary: Movie theaters and cashier brought civil rights action alleging
that their constitutional rights were violated by enforcement of a former
amusement licensing scheme; no religious element
559-NA
Merrick v. Farmers Ins. Group, 892 F.2d 1434, 58 USLW 2463, 51 Fair
Empl.Prac.Cas. (BNA) 1391, 52 Empl. Prac. Dec. P 39,548, 29 Fed. R.
Evid. Serv. 355 (9th Cir.(Idaho), Jan 03, 1990)
Summary: Discrimination suit against private employer; no religious
element and no governmental party nor governmental acts challenged
560-NA
In re Grand Jury Investigation, 918 F.2d 374, 59 USLW 2343, 118 A.L.R.
Fed. 725, 31 Fed. R. Evid. Serv. 1352 (3rd Cir.(Pa.), Oct 29, 1990)
Summary: Close case on whether to include, but ultimately question of
whether clergyman could be compelled to testify regarding counseling
session turned on application of evidentiary clergy-penitent privilege in
favor of clergyman, so no clear religious liberty issues had to be addressed
561-NA
Fitzpatrick v. Catholic Bishop of Chicago, 916 F.2d 1254 (7th Cir.(Ill.), Oct
25, 1990)
Summary: Copyright suit by private person against religious organization;
no religious liberty issues
562-NA
Chambers v. Maher, 915 F.2d 1141 (7th Cir.(Ill.), Oct 15, 1990)
Summary: Close case on whether to include, but ultimately not a religious
liberty question and only Fourth Amendment issues are addressed, that is,
whether a reasonable jury could find that a police officer acted in
accordance with Fourth Amendment in deciding to hold the bag, Bible and
religious pamphlets as evidence for a possible prosecution for violating a
city noise ordinance
563-NA
Alonzo v. U.S.I.N.S., 915 F.2d 546 (9th Cir., Oct 02, 1990)
Summary: Immigration case
564-NA
Clarke v. U.S., 915 F.2d 699, 59 USLW 2232, 286 U.S.App.D.C. 256, 65
Ed. Law Rep. 299 (D.C.Cir., Oct 02, 1990)
Summary: District of Columbia city council members brought action
challenging constitutionality of congressional act depriving District of
appropriations if specified legislation were not adopted to authorize
religiously affiliated educational institutions to deny benefits or
endorsement to persons condoning homosexuality; intramural government
dispute; more free speech than religious element
565-NA
Did Bldg. Services, Inc. v. N.L.R.B., 915 F.2d 490, 59 USLW 2259, 135
L.R.R.M. (BNA) 2484, 53 Fair Empl.Prac.Cas. (BNA) 1844, 116 Lab.Cas.
P 10,337 (9th Cir.(Cal.), Sep 26, 1990)
Summary: Dispute whether employee’s religious and ethnic slurs warranted
invalidation of union election; no governmental act challenged
566-NA
Dole v. Tony and Susan Alamo Foundation, 915 F.2d 349, 29 Wage & Hour
Cas. (BNA) 1633, 116 Lab.Cas. P 35,394 (8th Cir.(Ark.), Sep 25, 1990)
Summary: Suit by private individuals against religious entity for violation
of Fair Labor Standards Act and other wrongdoing; issues addressed on
appeal included whether employer’s failure to maintain records of amount
of overtime that its employees had worked affected employees’ entitlement
to back pay under the Fair Labor Standards Act for uncompensated work
they performed, and whether employer’s status as religious, charitable
organization was an equitable consideration militating against award of
prejudgment interest; no religious liberty issues addressed
567-NA
U.S. v. Weiss, 914 F.2d 1514, Medicare and Medicaid Guide (C 38,833
(2nd Cir.(N.Y.), Sep 19, 1990)
Summary: Addressing question of whether prosecutor’s reference to
Medicare and Medicaid fraud defendants as “the merchants of Franklin
Square” improperly injected religious prejudice into case, even though
individual defendants were Jewish; court regards issue as insignificant; no
significant religious liberty issues raised
568-NA
Nayak v. MCA, Inc., 911 F.2d 1082 (5th Cir.(Tex.), Sep 17, 1990)
Summary: Suit by private individual against film company claiming
depiction of life of Christ was defamatory; court holds that First
Amendment bars claim; no governmental party nor governmental act
challenged (other than authority of judiciary)
569-NA
U.S. v. Thomas, 914 F.2d 139, 31 Fed. R. Evid. Serv. 83 (8th Cir.(Mo.), Sep
11, 1990)
Summary: Criminal charge for felon in possession of firearm, no error in
excluding potential juror who acknowledged he was familiar with temple to
which defendant belonged and was sympathetic to member who had been
held in contempt for wearing religious head covering in court; no religious
liberty issues addressed
570-NA
Crowder v. Housing Authority of City of Atlanta, 908 F.2d 843, 17
Fed.R.Serv.3d 627 (11th Cir.(Ga.), Aug 09, 1990)
Summary: Post-merits attorney’s fee award appeal
571-NA
Khalaf v. I.N.S., 909 F.2d 589 (1st Cir., Jul 23, 1990)
Summary: Immigration case
572-NA
Elias-Zacarias v. U.S. I.N.S., 921 F.2d 844 (9th Cir., Jul 23, 1990)
Summary: Immigration case
573-NA
N.L.R.B. v. Kemmerer Village, Inc., 907 F.2d 661, 134 L.R.R.M. (BNA)
2767, 116 Lab.Cas. P 10,251 (7th Cir., Jul 16, 1990)
Summary: Although arguably could be categorized as a religious liberty
case; the argument that the entity is a religious organization exempt from
union-organizing law appears weak and even inconsistent with other
grounds and is rejected on statutory grounds as applied to entity which has
no religious purpose and was not incorporated as religious entity; nor does it
appear that any constitutional challenge to application of the statute is raised
here
574-NA
New Era Publications Intern., ApS v. Carol Pub. Group, 904 F.2d 152, 58
USLW 2734, 1990 Copr.L.Dec. P 26,579, 14 U.S.P.Q.2d 2030, 17 Media L.
Rep. 1913 (2nd Cir.(N.Y.), May 24, 1990)
Summary: Copyright dispute between private entities; no governmental
party nor governmental act challenged
575-NA
Farwell v. Un, 902 F.2d 282 (4th Cir.(Md.), May 09, 1990)
Summary: Surviving spouse and children of patient who committed suicide
brought wrongful death and survival actions against physician and
psychiatrist; no religious element no governmental party nor governmental
act challenged
576-NA
Clovis Unified School Dist. v. California Office of Administrative Hearings,
903 F.2d 635, 58 USLW 2682, 60 Ed. Law Rep. 728, 15 Fla. L. Weekly
D2682 (9th Cir.(Cal.), May 03, 1990)
Summary: School district was ordered by administrative hearing officer to
pay for placement of emotionally disturbed child in acute care psychiatric
hospital under the Education for All Handicapped Children Act (EHA);
Issue of whether federal regulations governing use of federal grant monies
for education that explicitly prohibit use of funds for religious purposes and
state law prohibiting state from contracting with sectarian hospital for
instructional services would preclude reimbursement of psychiatric hospital
allegedly affiliated with church for placement costs for child under the
Education for All Handicapped Children Act (EHA) was mooted, where
state; no ruling on merits of religious liberty issue
577-NA
Canas-Segovia v. I.N.S., 902 F.2d 717, 58 USLW 2637 (9th Cir., Apr 24,
1990)
Summary: Immigration case
578-NA
U.S. v. Harvey, 897 F.2d 1300 (5th Cir.(Tex.), Mar 26, 1990)
Summary: Defendant failed to establish duress or necessity as defense to
charged possession of handgun by convicted felon, although he alleged he
feared for his life at hands of rival religious faction in his small hometown,
claiming a religious group had splintered into two groups, the two groups
had engaged in shootouts, and he had been threatened by faction members
who wanted him out of town; no religious liberty claim against
governmental party
579-NA
U.S. v. Rexach, 896 F.2d 710 (2nd Cir.(N.Y.), Feb 20, 1990)
Summary: Defendant moved for order requiring specific performance of
cooperation agreements with prosecutor; no religious element
580-NA
U.S. v. Hoffman, 806 F.2d 703, 21 Fed. R. Evid. Serv. 1295 (7th Cir.(Wis.),
Nov 12, 1986)
Summary: Rejecting criminal defendant’s claim that jurors of different
religions would discriminate against him as a religious minority
(Unification Church); not a religious liberty claim against executivelegislative action of government
581-NA
LeBlanc-Sternberg v. Fletcher, 781 F.Supp. 261 (S.D.N.Y., Dec 24, 1991)
Summary: Religious discrimination claim against village, but ruling only
on motion to dismiss and holding claims cognizable; no ruling on merits
582-NA
Lewis v. Lake Region Conference of Seventh Day Adventists, 779 F.Supp.
72 (E.D.Mich., Dec 11, 1991)
Summary: Intramural religious dispute, court declined jurisdiction on First
Amendment grounds; no governmental party nor governmental act
challenged
583-NA
Murphy v. Bilbray, 782 F.Supp. 1420 (S.D.Cal., Dec 03, 1991)
Summary: Although challenge to crosses on public property and city
insignia included establishment claim, court decided case solely on
California constitutional grounds
584-NA
Matter of Federated Dept. Stores, Inc., 133 B.R. 886 (S.D.Ohio, Nov 20,
1991)
Summary: Bankruptcy case; no religious element and no governmental
party nor governmental act challenged
585-NA
Kendrick v. Sullivan, 766 F.Supp. 1180 (D.D.C., Jul 09, 1991)
Summary: On remand from Supreme Court reversal, court held that
questions of material fact precluded summary judgment on establishment
challenge to Adolescent Family Life Act; not a ruling on merits
586-NA
Lambert v. Condor Mfg., Inc., 768 F.Supp. 600, 56 Fair Empl.Prac.Cas.
(BNA) 532 (E.D.Mich., Jun 20, 1991)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
587-NA
Martin v. Lane, 766 F.Supp. 641 (N.D.Ill., Jun 12, 1991)
Summary: Questions of material fact remained on whether inmate’s free
exercise rights were violated during lock-down; no ruling on merits
588-NA
U.S. v. Hayward, 764 F.Supp. 1305 (N.D.Ill., May 28, 1991)
Summary: Criminal case involving double jeopardy claim; no religious
element
589-NA
Pietsch v. Bush, 755 F.Supp. 62 (E.D.N.Y., Jan 16, 1991)
Summary: Denying standing to suit challenging military activities in
Persian gulf; no religious element
590-NA
Cook v. Chrysler Corp., 779 F.Supp. 1016, 57 Fair Empl.Prac.Cas. (BNA)
1180, 61 Empl. Prac. Dec. P 42,159 (E.D.Mo., Dec 31, 1991)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
591-NA
Burkhart Advertising, Inc. v. City of Auburn, Ind., 786 F.Supp. 721
(N.D.Ind., Dec 19, 1991)
Summary: Constitutional challenge to zoning ordinance which imposed
total ban on off-premise advertising billboards; although mention made that
religious messages would be included in this limitation, the claimant was an
advertising company and not making religious expression; no religious
liberty issue
592-NA
Ward v. Columbus County, N.C., 782 F.Supp. 1097 (E.D.N.C., Dec 17,
1991)
Summary: Voting rights case involving claim of racial discrimination; no
religious liberty issues
593-NA
U.S. v. Pretty Products, Inc., 780 F.Supp. 1488, 22 Envtl. L. Rep. 20,725
(S.D.Ohio, Dec 13, 1991)
Summary: CERCLA case; no religious element
594-NA
Hansel v. Public Service Co. of Colorado, 778 F.Supp. 1126, 57 Fair
Empl.Prac.Cas. (BNA) 858, 57 Empl. Prac. Dec. P 41,144 (D.Colo., Dec 11,
1991)
Summary: Sex discrimination suit; no clear if public employer, but no
religious discrimination alleged
595-NA
Fitts v. Kolb, 779 F.Supp. 1502, 20 Media L. Rep. 1033 (D.S.C., Nov 20,
1991)
Summary: Journalists and association of newspapers filed action seeking
declaration that South Carolina’s criminal libel statute was unconstitutional;
no religious liberty issues
596-NA
Jones v. Wake County Hosp. System, Inc., 786 F.Supp. 538, Medicare and
Medicaid Guide (C 40,450 (E.D.N.C., Nov 04, 1991)
Summary: Patient dumping suit; no religious element
597-NA
Leyh v. Property Clerk of City of New York Police Dept., 774 F.Supp. 742
(E.D.N.Y., Oct 01, 1991)
Summary: Civil forfeiture case; no religious element
598-NA
Shapolia v. Los Alamos Nat. Laboratory, 773 F.Supp. 304, 56 Fair
Empl.Prac.Cas. (BNA) 1617, 57 Empl. Prac. Dec. P 41,218 (D.N.M., Sep
26, 1991)
Summary: Religious discrimination suit, but holding only that claim was
stated in denying motion to dismiss; no ruling on merits
599-NA
Chojar v. Levitt, 773 F.Supp. 645, 68 Fair Empl.Prac.Cas. (BNA) 259
(S.D.N.Y., Sep 25, 1991)
Summary: Holding no subject matter jurisdiction over religious
discrimination claim against municipal agency; no ruling on merits
600-NA
Robyn v. Phillips Petroleum Co., 774 F.Supp. 587, 56 Fair Empl.Prac.Cas.
(BNA) 1651, 8 IER Cases 1664 (D.Colo., Sep 23, 1991)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
601-NA
Drummer v. DCI Contracting Corp., 772 F.Supp. 821, 61 Fair
Empl.Prac.Cas. (BNA) 1162, 57 Empl. Prac. Dec. P 41,233 (S.D.N.Y., Sep
16, 1991)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
602-NA
Hinrichs v. Whitburn, 772 F.Supp. 423 (W.D.Wis., Aug 23, 1991)
Summary: AFDC recipient’s First Amendment challenge to reduction of
benefits for failure to participate in work programs was not ripe for judicial
consideration where it had not been presented to agency and where no
showing of hardship was made; no ruling on merits
603-NA
Bannister v. Armontrout, 807 F.Supp. 516 (W.D.Mo., Aug 23, 1991)
Summary: Habeas corpus petition, in which convict complained that not
being allowed to question jurors more about their religious beliefs violated
due process; no religious liberty claim
604-NA
Bennett v. Village of Oak Park, 769 F.Supp. 1035 (N.D.Ill., Aug 13, 1991)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
605-NA
Lewis v. Newman, 788 F.Supp. 1086, 59 Fair Empl.Prac.Cas. (BNA) 1879
(N.D.Cal., Aug 02, 1991)
Summary: Religious discrimination suit by unsuccessful applicant for
federal position; ruling is only that some defendants were not proper
defendants for the action; not ruling on merits
606-NA
Martyr v. Bachik, 770 F.Supp. 1406 (D.Or., Aug 01, 1991)
Summary: Involuntarily committed mental patient raised free speech
objections to censoring of mail, in particular limitations on his sending out
letters with angry statements to a large group of leaders, including religious
leaders; no clear religious liberty issue involved
607-NA
E.E.O.C. v. Kamehameha Schools/Bishop Estate, 780 F.Supp. 1317, 57 Fair
Empl.Prac.Cas. (BNA) 1256, 58 Empl. Prac. Dec. P 41,358, 72 Ed. Law
Rep. 218 (D.Hawai'i, Aug 01, 1991)
Summary: Religious discrimination suit against religiously-oriented private
school; no governmental act challenged
608-NA
Showalter v. Allison Reed Group, Inc., 767 F.Supp. 1205, 56 Fair
Empl.Prac.Cas. (BNA) 989, 57 Empl. Prac. Dec. P 41,058 (D.R.I., Jul 31,
1991)
Summary: Sexual harassment suit suit against private employer; no religious
element and no governmental party nor governmental act challenged
609-NA
Jews For Jesus, Inc. v. Jewish Community Relations Council of New York,
Inc., 768 F.Supp. 467 (S.D.N.Y., Jul 29, 1991)
Summary: Evangelistic missionary society, whose beliefs conflicted with
traditional Jewish doctrine, sued Jewish organization alleging conspiracy to
violate missionary group's civil rights and violation of state law due to their
threats to hotel to boycott hotel if it allowed missionary society to meet
there; no governmental party, nor governmental act challenged
610-NA
Cook Family Foods, Ltd. v. Voss, 781 F.Supp. 1458 (C.D.Cal., Jul 15,
1991)
Summary: Pork producer challenged procedures used to test weight of water
added ham products packaged and labeled under Federal Meat Inspection
Act; no religious element
611-NA
Dickerson v. State of N.J. Dept. of Human Services, 767 F.Supp. 605, 68
Fair Empl.Prac.Cas. (BNA) 831, 33 Fed. R. Evid. Serv. 861 (D.N.J., Jul 10,
1991)
Summary: Racial discrimination suit by public employee; no religious
element
612-NA
U.S. v. Rawlins, 770 F.Supp. 571 (D.Or., Jul 03, 1991)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
613-NA
U.S. v. Pottorf, 769 F.Supp. 1176 (D.Kan., Jun 26, 1991)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
614-NA
Sinha v. State University of New York at Farmingdale, 764 F.Supp. 765, 57
Empl. Prac. Dec. P 41,179, 68 Ed. Law Rep. 319 (E.D.N.Y., Jun 10, 1991)
Summary: Sex and national origin discrimination suit by public employee;
no religious element
615-NA
Davis v. Halpern, 768 F.Supp. 968, 69 Ed. Law Rep. 373 (E.D.N.Y., Jun 05,
1991)
Summary: Unsuccessful white male law school applicant sued for race
discrimination; no religious element
616-NA
Mooney v. Aramco Services Co., 764 F.Supp. 461, 56 Fair Empl.Prac.Cas.
(BNA) 50 (S.D.Tex., May 23, 1991)
Summary: Discrimination suit (primarily based on age) against private
employer; no governmental party nor governmental act challenged
617-NA
Leblanc-Sternberg v. Fletcher, 763 F.Supp. 1246 (S.D.N.Y., May 14, 1991)
Summary: Religious discrimination claim against village, but ruling that
claim for preliminary injunction was premature as no zoning rules of which
complained were yet in place; no ruling on merits
618-NA
Harrison v. Board of County Com'rs for Adams County, Colo., 775 F.Supp.
365 (D.Colo., Apr 30, 1991)
Summary: Suit by discharged deputy sheriff; no religious element
619-NA
U.S. v. Broussard, 767 F.Supp. 1536 (D.Or., Apr 26, 1991)
Summary: Defendants who had not been charged with violation of
confidentiality provision of Victims’ Rights Act lacked standing to make
challenge that statute infringed upon freedom of religion because it
impermissibly interfered with their ability to communicate with other
members of their church; not ruling on merits
620-NA
Americans Disabled for Accessible Public Transp. (ADAPT), Salt Lake
Chapter v. SkyWest Airlines, Inc., 762 F.Supp. 320, 1 NDLR P 296
(D.Utah, Apr 17, 1991)
Summary: Handicapped passenger, and organization of disabled persons,
brought action against airline after it refused to allow passenger to board
flight; no religious element
621-NA
Devine v. Combustion Engineering, Inc., 760 F.Supp. 989 (D.Conn., Apr
15, 1991)
Summary: ERISA case; no religious element
622-NA
U.S. v. Farley, 760 F.Supp. 461 (E.D.Pa., Apr 05, 1991)
Summary: Habeas corpus petition; no religious element
623-NA
E.E.O.C. v. Reads, Inc., 759 F.Supp. 1150, 58 Fair Empl.Prac.Cas. (BNA)
49, 56 Empl. Prac. Dec. P 40,759, 66 Ed. Law Rep. 1086 (E.D.Pa., Mar 25,
1991)
Summary: Religious discrimination action against a private corporation
providing auxiliary services to nonpublic school students under a contract
with a school district; however, still not a claim against the government, as
no governmental party was involved
624-NA
Smith v. Denver Public School Bd., 758 F.Supp. 1421, 66 Ed. Law Rep. 663
(D.Colo., Mar 12, 1991)
Summary:
element
Racial discrimination suit by public employee; no religious
625-NA
Lynch v. J.P. Stevens & Co., Inc., 758 F.Supp. 976, 59 USLW 2576, 60
Empl. Prac. Dec. P 41,832, 13 Employee Benefits Cas. 1817 (D.N.J., Feb
14, 1991)
Summary: Age discrimination and ERISA against private employer; no
religious element and no governmental party nor governmental act
challenged
626-NA
Siddiqi v. Lane, 763 F.Supp. 284 (N.D.Ill., Feb 13, 1991)
Summary: Although prisoner claimed security classification was changed
in part based upon his religious beliefs, court addresses only whether there
is a property interest under state law in security classification
627-NA
U.S. v. Kramer, 757 F.Supp. 397, 21 Envtl. L. Rep. 20,879 (D.N.J., Feb 08,
1991)
Summary: CERCLA case; no religious element
628-NA
McHugh v. University of Vermont, 758 F.Supp. 945, 56 Fair
Empl.Prac.Cas. (BNA) 954, 56 Empl. Prac. Dec. P 40,823, 66 Ed. Law Rep.
630, 7 IER Cases 1794 (D.Vt., Feb 05, 1991)
Summary: Although one party alleged aspect of religious discrimination,
only ruling on that claim was substitution of United States as defendant; no
ruling on merits
629-NA
U.S. v. Cyprian, 756 F.Supp. 388 (N.D.Ind., Jan 30, 1991)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
630-NA
Sarit v. Drug Enforcement Admin., 759 F.Supp. 63 (D.R.I., Jan 30, 1991)
Summary: Forfeiture case; no religious element
631-NA
Blank v. Heineman, 771 F.Supp. 1013 (D.Neb., Jan 11, 1991)
Summary: Officers of county republican party brought civil rights action
against party claiming they were removed from party because they were
evangelical christians; no governmental party nor governmental act
challenged
632-NA
Wright v. Frank, 753 F.Supp. 257, 54 Fair Empl.Prac.Cas. (BNA) 1209, 18
Fed.R.Serv.3d 1251 (E.D.Wis., Jan 02, 1991)
Summary: Religious discrimination suit against federal government, but
ruling was on jurisdiction of court while case was pending on appeal; no
ruling on merits
633-NA
Schmidt v. Bishop, 779 F.Supp. 321 (S.D.N.Y., Dec 06, 1991)
Summary: Suit by individual against church for sexual conduct by pastor;
no governmental party nor governmental act challenged
634-NA
U.S. v. Willis, 778 F.Supp. 205, 60 USLW 2404, Fed. Sec. L. Rep. P 96,403
(S.D.N.Y., Dec 02, 1991)
Summary: Securities fraud charge; no religious element
635-NA
Eade v. U.S., 792 F.Supp. 476, 69 A.F.T.R.2d 92-446, 92-1 USTC P
50,017, Unempl.Ins.Rep. (CCH) P 16432A.21 (W.D.Va., Nov 26, 1991)
Summary: Dispute involving self-employed minister exemption; decided on
tax statutes with no religious liberty issue involved
636-NA
Hunt v. Anderson, 794 F.Supp. 1551 (M.D.Ala., Oct 30, 1991)
Summary: State governor filed action for declaratory and injunctive relief
against State Ethics Commission alleging that Commission’s investigation
of governor’s use of state aircraft to travel to speak at religious services
violated constitution; not religious liberty claim by citizen against
government; no ruling on merits but only whether claim stated
637-NA
Church of Scientology Intern. v. Eli Lilly & Co., 778 F.Supp. 661, 19 Media
L. Rep. 1593 (S.D.N.Y., Oct 25, 1991)
Summary: Defamation suit by religious organization against private entity;
no governmental party nor governmental act challenged
638-NA
Perea v. Sullivan, 771 F.Supp. 1110, 35 Soc.Sec.Rep.Ser. 59 (D.Colo., Aug
28, 1991)
Summary: Fact that disability claimant may have had religious beliefs that
prevented her from receiving medical treatment for any of her conditions
did not lessen her burden of establishing objective medical evidence of the
problems; not a religious liberty claim but factor in disability adjudication
639-NA
U.S. v. Nunez, 769 F.Supp. 1482 (N.D.Ill., Aug 20, 1991)
Summary: Recent religious dedication of defendant was not a factor to
reduce sentence; not religious liberty claim
640-NA
Chaudhuri v. State of Tenn., 767 F.Supp. 860, 68 Ed. Law Rep. 1061
(M.D.Tenn., Jul 24, 1991)
Summary: Religious discrimination suit by professor at public university,
but only preliminary rulings on Eleventh Amendment, capacity of
defendants, and statute of limitations; not ruling on merits
641-NA
U.S. v. Urdaneta, 771 F.Supp. 28 (E.D.N.Y., Jul 16, 1991)
Summary: Probation issue in which convict claimed he was more religious;
not religious liberty claim
642-NA
Lamb's Chapel v. Center Moriches Union Free School Dist., 770 F.Supp.
91, 69 Ed. Law Rep. 787 (E.D.N.Y., Jul 15, 1991)
Summary: Earlier preliminary injunction already coded (736 F.Supp. 1247
(E.D.N.Y. 1990) (245-FE), so entry of final judgment not re-coded
643-NA
U.S. v. Kitsos, 770 F.Supp. 1230 (N.D.Ill., Jun 04, 1991)
Summary: Tax dispute resulting in conclusion that taxpayers fraudulently
conveyed assets to supposed church; focus on tax statutes; no religious
liberty issues apparently raised or addressed
644-NA
Church of Scientology Western U.S. v. I.R.S., 769 F.Supp. 328 (C.D.Cal.,
May 24, 1991)
Summary:
Award of attorney’s fees after successful Freedom of
Information Act suit by church; no religious liberty issues
645-NA
Stretton v. Disciplinary Bd. of Supreme Court of Pennsylvania, 763 F.Supp.
128 (E.D.Pa., Apr 24, 1991)
Summary: Candidate for judicial office brought civil rights action
challenging, on First Amendment grounds, provisions of Pennsylvania Code
of Judicial Conduct prohibiting candidates from announcing their views on
disputed legal or political issues; no religious element
646-NA
U.S. v. Ferrara, 771 F.Supp. 1266 (D.Mass., Apr 15, 1991)
Summary: Defendants who were alleged members of organized crime
moved for suppression of oral communications between defendants
intercepted and recorded at organization’s induction ceremony pursuant to
warrant authorizing roving electronic surveillance as to three suspected
principals of organization; not really a religious ceremony and no clear
religious liberty (as opposed to invasion of privacy) claims are made
647-NA
ICR Graduate School v. Honig, 758 F.Supp. 1350, 66 Ed. Law Rep. 655
(S.D.Cal., Mar 07, 1991)
Summary: In suit by religious higher education institution against
government for denying approval as degree granting institution, ruling was
on amendment of claim, mootness, and standing; not ruling on merits
648-NA
Tsokalas v. Purtill, 756 F.Supp. 89, 18 Media L. Rep. 1737 (D.Conn., Feb
05, 1991)
Summary: Newspaper and artist brought suit, seeking a preliminary
injunction against a state court order that prohibited publication of
likenesses of jurors in a state criminal prosecution; no religious element
649-NA
Cottam v. First Baptist Church of Boulder, 756 F.Supp. 1433 (D.Colo., Feb
05, 1991)
Summary: Personal injury claim from injury at church camp; no religious
liberty issue
650-NA
Macklem v. U.S., 757 F.Supp. 6, 68 A.F.T.R.2d 91-5192, 91-1 USTC P
50,076 (D.Conn., Jan 30, 1991)
Summary: Another tax suit in which individual claims to be church; decided
on tax statutes with no religious liberty claim addressed
651-NA
U.S. v. Winslow, 755 F.Supp. 914 (D.Idaho, Jan 17, 1991)
Summary: Criminal case; no religious element
652-NA
Lamont v. Woods, 948 F.2d 825, 60 USLW 2243, 71 Ed. Law Rep. 50 (2nd
Cir.(N.Y.), Sep 26, 1991)
Summary: Close question on whether to include, as court’s ruling on
establishment challenge comes close to at least partial ruling in favor of
challenge, but given that court ultimately affirms district court’s non-final
decision and that factual issue remains as to which assisted educational
institutions are pervasively sectarian, it falls just short of a ruling on the
merits by district court and thus ruling by court of appeals does not approve
or disapprove any merits ruling
653-NA
J. Huizinga Cartage Co., Inc. v. N.L.R.B., 941 F.2d 616, 138 L.R.R.M.
(BNA) 2596, 119 Lab.Cas. P 10,897 (7th Cir., Aug 28, 1991)
Summary: Labor dispute; no religious element
654-NA
U.S. v. Greer, 939 F.2d 1076, 36 Fed. R. Evid. Serv. 168 (5th Cir.(Tex.),
Aug 13, 1991)
Summary: Criminal charges against private parties for conspiracy to
intimidate others in exercise of their civil rights; no religious liberty issues
addressed
655-NA
N.L.R.B. v. Overnite Transp. Co., 938 F.2d 815, 60 USLW 2176, 138
L.R.R.M. (BNA) 2018, 119 Lab.Cas. P 10,872 (7th Cir., Aug 07, 1991)
Summary: Labor dispute; no religious element
656-NA
Hewitt v. Joyner, 940 F.2d 1561 (9th Cir.(Cal.), Jul 31, 1991)
Summary: Religious liberty decision decided solely on state constitutional
grounds; no federal religious liberty issue addressed
657-NA
U.S. v. Ofchinick, 937 F.2d 892 (3rd Cir.(Pa.), Jul 05, 1991)
Summary: Close question on whether to include as person challenged
restitution order in criminal case as violation of free exercise by precluding
him from making charitable contributions to church; but focus is upon an
action of the judiciary in entering the order, not of the executive or
legislative departments of government and thus is outside scope of this
study
658-NA
U.S. v. Lee, 935 F.2d 952 (8th Cir.(Minn.), Jun 10, 1991)
Summary: Criminal case involving burning cross to intimidate others in
exercise of constitutional right; no religious liberty claim made or addressed
659-NA
N.L.R.B. v. Illinois-American Water Co. Southern Div., 933 F.2d 1368, 137
L.R.R.M. (BNA) 2513, 119 Lab.Cas. P 10,769 (7th Cir., Jun 07, 1991)
Summary: Labor case; no religious element
660-NA
Munn v. Algee, 924 F.2d 568, 32 Fed. R. Evid. Serv. 439 (5th Cir.(Miss.),
Feb 28, 1991)
Summary: Wrongful death action in which victim had refused blood
transfusion on religious grounds, although court addresses free exercise and
establishment objections to application of a tort doctrine, it concerns
application of a judicial doctrine, not a legislative or executive action; no
governmental party nor governmental act challenged
661-NA
Ferguson v. C.I.R., 921 F.2d 588, 67 A.F.T.R.2d 91-459, 91-1 USTC P
50,052, 32 Fed. R. Evid. Serv. 136 (5th Cir., Jan 22, 1991)
Summary: Lower court refused to accept testimony of witness who on
religious grounds refused to swear or affirm; although court of appeals
addresses free exercise concerns, the challenge is to the action of a court,
not a legislative or executive action
662-NA
Diversified Numismatics, Inc. v. City of Orlando, FL., 949 F.2d 382 (11th
Cir.(Fla.), Dec 27, 1991)
Summary: Coin dealer brought action challenging constitutionality of
ordinance requiring purchasers of items containing precious metals to
record certain facts about the seller; case also raised request for recusal of
judge, alleging bias against Jews and blacks (although plaintiff apparently
was neither); no religious liberty issues raised against executive-legislative
action
663-NA
E.E.O.C. v. Arlington Transit Mix, Inc., 957 F.2d 219, 58 Fair
Empl.Prac.Cas. (BNA) 416, 58 Empl. Prac. Dec. P 41,335 (6th Cir.(Mich.),
Dec 27, 1991)
Summary: Religious discrimination suit against private employer; no
governmental act challenged
664-NA
Castillo v. I.N.S., 951 F.2d 1117 (9th Cir., Dec 20, 1991)
Summary: Immigration case
665-NA
Thomas v. Groose, 951 F.2d 173 (8th Cir.(Mo.), Dec 17, 1991)
Summary: Habeas corpus case; no religious element
666-NA
Bunch v. Thompson, 949 F.2d 1354 (4th Cir.(Va.), Nov 27, 1991)
Summary: Habeas corpus case; no religious element
667-NA
U.S. v. Cook, 949 F.2d 289, 34 Fed. R. Evid. Serv. 647 (10th Cir.(Okla.),
Nov 05, 1991)
Summary: Criminal case, defendant alleged prosecution violated due
process by prosecuting in federal rather than state court; no religious
element
668-NA
Peters v. Whitley, 942 F.2d 937, 33 Fed. R. Evid. Serv. 1475 (5th Cir.(La.),
Sep 24, 1991)
Summary: Criminal case in which mentally retarded victim was permitted
to testify after she indicated that she knew the difference between truth and
falsehood, that she believed in God, that it was wrong to lie, and that she
would be punished for lying; no religious liberty issues
669-NA
E.E.O.C. v. J.M. Huber Corp., 942 F.2d 930, 56 Fair Empl.Prac.Cas. (BNA)
1581, 57 Empl. Prac. Dec. P 41,052 (5th Cir.(Tex.), Sep 17, 1991)
Summary: Title VII claim against private employer; no religious element
and no governmental act challenged
670-NA
Brown v. Palmer, 944 F.2d 732 (10th Cir.(Colo.), Sep 10, 1991)
Summary: Free speech claims by protestors who wished to distribute
political leaflets during open house at an Air Force base; the protestors
observed that religious literature was distributed and argued this made the
base a public forum; however, no religious speech is involved in case nor
other religious liberty issues
671-NA
Stretton v. Disciplinary Bd. of Supreme Court of Pennsylvania, 944 F.2d
137 (3rd Cir.(Pa.), Sep 09, 1991)
Summary: Candidate for judicial office brought civil rights action
challenging, on free speech grounds, provisions of Pennsylvania Code of
Judicial Conduct that prohibited judicial candidates from announcing their
views on disputed legal or political issues and prohibited candidates from
personally soliciting campaign funds; no religious element
672-NA
U.S. v. Blakeney, 942 F.2d 1001, 33 Fed. R. Evid. Serv. 1362 (6th
Cir.(Ky.), Aug 23, 1991)
Summary: Criminal case; no religious element
673-NA
Beasley v. Health Care Service Corp., 940 F.2d 1085, 60 USLW 2191, 56
Fair Empl.Prac.Cas. (BNA) 1047, 57 Empl. Prac. Dec. P 40,950 (7th
Cir.(Ill.), Aug 20, 1991)
Summary:
Religious discrimination suit against entity that, while
governmental contractor, is a private and not public employer; no
governmental party nor governmental act challenged
674-NA
Clark v. Ricketts, 958 F.2d 851 (9th Cir.(Ariz.), Aug 09, 1991)
Summary: Habeas corpus petition; no religious element
675-NA
Bennun v. Rutgers State University, 941 F.2d 154, 60 USLW 2096, 56 Fair
Empl.Prac.Cas. (BNA) 746, 56 Fair Empl.Prac.Cas. (BNA) 1066, 56 Empl.
Prac. Dec. P 40,906, 69 Ed. Law Rep. 214 (3rd Cir.(N.J.), Jul 25, 1991)
Summary: Racial discrimination suit against public university; in finding
that plaintiff presented sufficient evidence that he was Hispanic, the court
mentions that the plaintiff’s father was a Sephardic Jew who traced his
lineage to Jews expelled from Spain; no religious liberty issues addressed
676-NA
Lindsey v. Storey, 936 F.2d 554 (11th Cir.(Ga.), Jul 23, 1991)
Summary: Allegations of wrongful seizure and retention of property, false
arrest, and wrongful detention; no religious element
677-NA
U.S. v. Jackson, 935 F.2d 832, 121 A.L.R. Fed. 777 (7th Cir.(Ill.), Jun 14,
1991)
Summary: Money laundering case in which church bank deposits were used
to hide drug money; no religious liberty issues
678-NA
U.S. v. Williams, 935 F.2d 1531 (8th Cir.(Ark.), Jun 12, 1991)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
679-NA
U.S. v. Doe, 934 F.2d 353, 290 U.S.App.D.C. 65 (D.C.Cir., May 24, 1991)
Summary: Sentencing guidelines case; no religious element
680-NA
Union Nat. Bank of Little Rock v. Mosbacher, 933 F.2d 1440 (8th
Cir.(Ark.), May 23, 1991)
Summary: Church furniture manufacturer and its sole shareholder brought
action against bank for fraud and breach of fiduciary duty in carrying out
recovery plan; no religious liberty issues and no governmental party nor
governmental act challenged
681-NA
Yerardi's Moody Street Restaurant & Lounge, Inc. v. Board of Selectmen of
Town of Randolph, 932 F.2d 89 (1st Cir.(Mass.), May 09, 1991)
Summary: Civil rights suit arising from denial of liquor licenses; no
religious discrimination alleged
682-NA
Gersman v. Group Health Ass'n, Inc., 931 F.2d 1565, 59 USLW 2684, 56
Empl. Prac. Dec. P 40,755, 289 U.S.App.D.C. 332 (D.C.Cir., May 07, 1991)
Summary: Corporation and one of its shareholders brought civil rights
action against customer that had allegedly canceled contract with
corporation because of shareholder’s religious affiliation; no governmental
party nor governmental act challenged
683-NA
U.S. v. Stanley, 928 F.2d 575, 59 USLW 2663 (2nd Cir.(N.Y.), Mar 21,
1991)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
684-NA
U.S. v. Bakker, 925 F.2d 728, 59 USLW 2558, 32 Fed. R. Evid. Serv. 303
(4th Cir.(N.C.), Feb 11, 1991)
Summary: Holding that sentencing court impermissibly injected its
religious beliefs and violated due process by stating that “those of us who
do have a religion are ridiculed as being saps from money-grubbing
preachers or priests” when it imposed 45-year sentence and $500,000 fine
for mail fraud, wire fraud, and conspiracy convictions arising out of
defendant’s activities as television evangelist; although plainly involving
religious liberty, case falls outside scope of this study because it involves
judicial action rather than legislative-executive departments of government
685-NA
Sofferin v. American Airlines, Inc., 923 F.2d 552, 56 Fair Empl.Prac.Cas.
(BNA) 338, 55 Empl. Prac. Dec. P 40,538 (7th Cir.(Ill.), Jan 29, 1991)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
686-NA
Davis v. Southeastern Pennsylvania Transp. Authority, 924 F.2d 51, 54 Fair
Empl.Prac.Cas. (BNA) 1495, 55 Empl. Prac. Dec. P 40,522 (3rd Cir.(Pa.),
Jan 22, 1991)
Summary: Post-racial discrimination attorney’s fee petition; no religious
element
687-NA
U.S. v. Anderson, 923 F.2d 450 (6th Cir.(Tenn.), Jan 15, 1991)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
688-NA
Gomez v. I.N.S., 947 F.2d 660 (2nd Cir., Oct 28, 1991)
Summary: Immigration case
689-NA
Deeper Life Christian Fellowship, Inc. v. Sobol, 948 F.2d 79, 71 Ed. Law
Rep. 26 (2nd Cir.(N.Y.), Oct 24, 1991)
Summary: Holding that appeal is moot and thus not ruling on merits
690-NA
Behzadpour v. U.S., 946 F.2d 1351 (8th Cir., Oct 10, 1991)
Summary: Immigration case
691-NA
Petkiewytsch v. I.N.S., 945 F.2d 871, 60 USLW 2237 (6th Cir., Sep 30,
1991)
Summary: Immigration case
692-NA
Chez Sez III Corp. v. Township of Union, 945 F.2d 628 (3rd Cir.(N.J.), Sep
24, 1991)
Summary: Free speech challenged to ordinance by adult book store; no
religious element
693-NA
Estate of Johnson v. U.S., 941 F.2d 1318, 68 A.F.T.R.2d 91-6049, 91-2
USTC P 60,084 (5th Cir.(Miss.), Sep 19, 1991)
Summary: Estate tax case; no religious element
694-NA
Osaghae v. U.S.I.N.S., 942 F.2d 1160 (7th Cir., Sep 05, 1991)
Summary: Immigration case
695-NA
The News-Journal Corp. v. Foxman, 939 F.2d 1499, 19 Media L. Rep. 1193
(11th Cir.(Fla.), Aug 30, 1991)
Summary: First Amendment challenge by newspaper to restrictive order
entered by state trial court regarding extrajudicial statements by trial
participants prior to commencement of sensational criminal trial; no
religious element
696-NA
N.L.R.B. v. Hood Furniture Mfg. Co., 941 F.2d 325, 138 L.R.R.M. (BNA)
2338, 56 Fair Empl.Prac.Cas. (BNA) 1383, 57 Empl. Prac. Dec. P 41,037,
120 Lab.Cas. P 10,950 (5th Cir., Aug 27, 1991)
Summary: In labor union election dispute, decision not to count employee’s
subsequent affirmation that, had he not been precluded from casting formal
ballot because of his Jehovah's Witness religious convictions, he would
have voted against union did not violate National Labor Relations Board’s
established voting practices; no religious liberty claim addressed
697-NA
Havasupai Tribe v. Robertson, 943 F.2d 32 (9th Cir.(Ariz.), Aug 26, 1991)
Summary: Dispute involving approval of mining operations on national
forest land; Indians claimed a right of access or easement to certain religious
sites, but court concluded that Indians had been divested of land and paid
compensation for the taking; although close question on whether counts as a
religious liberty case, decision by court of appeals was based not on
religious nature of claim but simple land dispute and no constitutional
claims were made (that is, no free exercise claim was addressed as had been
in district court, see 250-FE)
698-NA
Janusiak v. U.S. I.N.S., 947 F.2d 46 (3rd Cir., Aug 22, 1991)
Summary: Immigration case
699-NA
Hager v. Secretary of Air Force, 938 F.2d 1449 (1st Cir.(Mass.), Jul 18,
1991)
Summary: Military servicemember sought discharge as conscientious
objector; focus on application of statute to facts; not within study scope as
religious liberty claim
700-NA
Esposito v. I.N.S., 936 F.2d 911 (7th Cir., Jul 03, 1991)
Summary: Immigration case
701-NA
U.S. v. Patrick, 935 F.2d 758 (6th Cir.(Ohio), Jun 05, 1991)
Summary: Odd case, in which court held that fact that defendant's
kidnapping involved specific child victim for specific purpose of raising her
and ultimately marrying her, and that defendant, for purportedly religious
reasons, intended to complete crime no matter how long his period of
incarceration might be, justified upward sentencing departure under
provision of Sentencing Guidelines dealing with aggravating circumstances
not adequately taken into consideration by Sentencing Commission; despite
religious element, defendant apparently did not raise nor is a religious
liberty claim addressed
702-NA
U.S. v. Nolan, 932 F.2d 1005 (1st Cir.(Mass.), May 09, 1991)
Summary: Appeal from revocation of probation; defendant had failed to
properly raise First Amendment objection; and in any event, attack was on
judicial holding, not legislative-executive action
703-NA
Teague v. Bakker, 931 F.2d 259, 19 Fed.R.Serv.3d 811 (4th Cir.(N.C.), Apr
25, 1991)
Summary: Dispute between religious organization and insurer; no religious
liberty issues and no governmental party nor governmental act challenged
704-NA
Elnager v. U.S.I.N.S., 930 F.2d 784 (9th Cir., Apr 19, 1991)
Summary: Immigration case
705-NA
Temple of Lost Sheep Inc. v. Abrams, 930 F.2d 178 (2nd Cir.(N.Y.), Apr
05, 1991)
Summary: Although civil rights action by religious organization against
state official, the claim was held barred by collateral estoppel based upon
prior state court action; no ruling on merits
706-NA
Mahboob v. Department of Navy, 928 F.2d 1126, 55 Fair Empl.Prac.Cas.
(BNA) 545, 56 Empl. Prac. Dec. P 40,661 (Fed.Cir., Mar 22, 1991)
Summary: In discrimination (including religious discrimination) case by
federal employee, court ruled only that oral settlement conference had not
been final settlement; no ruling on merits
707-NA
U.S. v. Torres, 926 F.2d 321, 59 USLW 2549 (3rd Cir.(N.J.), Mar 01, 1991)
Summary: Criminal case; no religious element
708-NA
Spiritual Outreach Soc. v. C.I.R., 927 F.2d 335, 67 A.F.T.R.2d 91-611, 91-1
USTC P 50,111 (8th Cir., Feb 27, 1991)
Summary: Dispute concerning tax status of church; decided based on tax
statutes with no constitutional challenge or religious liberty claim addressed
709-NA
Hermes v. Secretary of Health & Human Services, 926 F.2d 789, 32
Soc.Sec.Rep.Ser. 511, Unempl.Ins.Rep. (CCH) P 15920A (9th Cir.(Cal.),
Jan 07, 1991)
Summary: Question of reliability of religious birth record as evidence of
date of birth; no religious liberty claim raised or addressed
710-NA
U.S. v. Eargle, 921 F.2d 56, 67 A.F.T.R.2d 91-559, 91-1 USTC P 50,046
(5th Cir.(Tex.), Jan 02, 1991)
Summary: Tax evasion prosecution against individual who designated all
income from his medical practice as church income; no religious liberty
claims addressed
711-NA
Jane L. v. Bangerter, 794 F.Supp. 1528 (D.Utah, May 22, 1992)
Summary: Addressing claims under state constitution; separate opinion
issued same day addressed federal constitutional claims (see 357-FE)
712-NA
U.S. v. International Broth. of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, AFL-CIO, 787 F.Supp. 345, 141 L.R.R.M. (BNA)
2632 (S.D.N.Y., Feb 11, 1992)
Summary: Criminal charges against union officials; no religious element
713-NA
Berg v. Commander, Fifth Coast Guard Dist., 810 F.Supp. 703 (E.D.Va.,
Dec 31, 1992)
Summary: Coast Guard auxiliary member challenged disenrollment; no
religious element
714-NA
Slater v. King Soopers, Inc., 809 F.Supp. 809, 60 Fair Empl.Prac.Cas.
(BNA) 963 (D.Colo., Dec 31, 1992)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
715-NA
Marrs v. Marriott Corp., 830 F.Supp. 274, 62 Fair Empl.Prac.Cas. (BNA)
1221, 127 Lab.Cas. P 57,581 (D.Md., Dec 21, 1992)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
716-NA
Yankee Pub. Inc. v. News America Pub. Inc., 809 F.Supp. 267, 61 USLW
2500, 25 U.S.P.Q.2d 1752, 21 Media L. Rep. 1033 (S.D.N.Y., Dec 17,
1992)
Summary: Trademark dispute between private parties involving Christmas
gift guide; no religious element and no governmental party nor
governmental act challenged
717-NA
Hampton v. Conso Products, Inc., 808 F.Supp. 1227, 66 Fair Empl.Prac.Cas.
(BNA) 828 (D.S.C., Dec 15, 1992)
Summary: Racial discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
718-NA
Renda v. Adam Meldrum & Anderson Co., 806 F.Supp. 1071 (W.D.N.Y.,
Nov 12, 1992)
Summary: ERISA case; no religious element
719-NA
Knights of Ku Klux Klan v. Arkansas State Highway and Transp. Dept.,
807 F.Supp. 1427 (W.D.Ark., Nov 02, 1992)
Summary: Free speech claim by KKK; KKK is not religious organization
as such and no religious speech appears to be involved
720-NA
Clement v. Madigan, 820 F.Supp. 1039 (W.D.Mich., Oct 28, 1992)
Summary: Racial discrimination suit by federal employee; no religious
element
721-NA
Fernandez v. U.S. Postal Service, 804 F.Supp. 448, 60 Fair Empl.Prac.Cas.
(BNA) 393, 60 Empl. Prac. Dec. P 41,878 (E.D.N.Y., Sep 30, 1992)
Summary: Racial and sex discrimination suit by federal employee; no
religious element
722-NA
Small v. Sullivan, 820 F.Supp. 1098, 41 Soc.Sec.Rep.Ser. 220,
Unempl.Ins.Rep. (CCH) P 17476A (S.D.Ill., Sep 21, 1992)
Summary: Social Security disability case; no religious element
723-NA
Quirin v. City of Pittsburgh, 801 F.Supp. 1486, 64 Fair Empl.Prac.Cas.
(BNA) 1521, 59 Empl. Prac. Dec. P 41,808 (W.D.Pa., Sep 17, 1992)
Summary: Sex discrimination suit by public employee; no religious element
724-NA
Johnson v. KSIR Principal Adm'r and Staff, 804 F.Supp. 173 (D.Kan., Sep
17, 1992)
Summary: Although court addresses religious liberty issue among multiple
other claims, the court seems uncertain whether any religious claim was
made by inmate and can’t find any facts indicating such a claim, instead
finding that inmate was allowed possession of Koran and access to religion;
accordingly, it appears that no significant religious liberty claim is made and
case is properly excluded
725-NA
Pickens v. Lockhart, 802 F.Supp. 208 (E.D.Ark., Sep 02, 1992)
Summary: Habeas corpus; mention that general secular or religious
scruples against death penalty are not sufficient to exclude juror for cause;
no religious liberty claims
726-NA
LeDuc v. Kentucky Cent. Life Ins. Co., 814 F.Supp. 820 (N.D.Cal., Aug 31,
1992)
Summary: Dispute between former insurance agents and insurance
company; no religious element
727-NA
U.S. v. McCoy, 802 F.Supp. 128 (W.D.Mich., Aug 21, 1992)
Summary: Mention that religious discrimination would be grounds to
object to prosecutor’s position in sentencing, but no religious element
included
728-NA
Nolley v. County of Erie, 802 F.Supp. 898 (W.D.N.Y., Aug 20, 1992)
Summary: Previously coded when court found constitutional violation
(285-FE); this is ruling on damages
729-NA
U.S. v. 789 Cases, More or Less, of Latex Surgeons' Gloves, an Article of
Device, 799 F.Supp. 1275 (D.Puerto Rico, Aug 20, 1992)
Summary: Forfeiture case; no religious element
730-NA
Wilson v. Amtrak Nat. R.R. Corp., 824 F.Supp. 55, 63 Empl. Prac. Dec. P
42,753 (D.Md., Aug 20, 1992)
Summary: Race and handicap discrimination suit against public employer;
no religious element
731-NA
Stewart v. McGinnis, 800 F.Supp. 604 (N.D.Ill., Aug 04, 1992)
Summary: Close case on whether to include as inmate did challenge ban on
congregate worship during lockdown at prison; however court found that he
had no religious beliefs and thus had not suffered any interference; in sum,
the court’s ruling is essentially that the inmate lacked standing to challenge
the ban and not a ruling on the legitimacy of the ban
732-NA
Crist v. Village of Larchmont, 797 F.Supp. 309 (S.D.N.Y., Jul 21, 1992)
Summary: Anti-abortion protestor demanded to be included in pro-choice
panel at a church; it is not clear that any true public forum or governmental
action is involved; in any event, the protestor’s viewpoint is not clearly
religious in nature
733-NA
Carr v. Axelrod, 798 F.Supp. 168, 61 USLW 2069 (S.D.N.Y., Jul 15, 1992)
Summary: Anti-abortion organization suit; jurisdictional rulings
734-NA
Voluntary Ass'n of Religious Leaders, Churches, and Organizations v.
Waihee, 800 F.Supp. 882, 59 Fair Empl.Prac.Cas. (BNA) 1178, 60 Empl.
Prac. Dec. P 41,822 (D.Hawai'i, Jul 10, 1992)
Summary: Religious organizations brought constitutional challenge to state
statute prohibiting discrimination in employment on the basis of sexual
orientation; court rules not ripe, so no ruling on merits
735-NA
Green v. Abrams, 798 F.Supp. 149 (S.D.N.Y., Jul 08, 1992)
Summary: Habeas corpus petition; no religious element
736-NA
Mann v. Frank, 795 F.Supp. 1438, 63 Fair Empl.Prac.Cas. (BNA) 578, 59
Empl. Prac. Dec. P 41,685 (W.D.Mo., Jun 10, 1992)
Summary: Religious discrimination suit by public employee, but decided
by non-Article III magistrate judge
737-NA
Gordon v. MCI Telecommunications Corp., 791 F.Supp. 431, 59 Fair
Empl.Prac.Cas. (BNA) 1363 (S.D.N.Y., Jun 03, 1992)
Summary:
Religious discrimination against private employer; no
governmental party nor governmental act challenged
738-NA
Kent v. Director, Missouri Dept. of Elementary and Secondary Educ. and
Div. of Vocational Rehabilitation, 792 F.Supp. 59, 59 Empl. Prac. Dec. P
41,743, 2 A.D. Cases 509, 1 A.D.D. 8, 3 NDLR P 153 (E.D.Mo., Jun 02,
1992)
Summary: Religious discrimination against public employer; ruling that
plaintiff could not file suit without right-to-sue letter; no ruling on merits
739-NA
Rappa v. New Castle County, 813 F.Supp. 1074 (D.Del., May 29, 1992)
Summary: Former political candidate brought suit challenging state, county
and municipal laws restricting erection of signs; plaintiff’s speech was not
religious in content
740-NA
Hunt v. Anderson, 794 F.Supp. 1557 (M.D.Ala., May 28, 1992)
Summary: Judgment call to exclude this case, as it is not a religious liberty
claim by an ordinary citizen against government but a dispute by the
governor with another agency of government; moreover, the governor’s
religious liberty objection apparently misappreciated the nature of ethics
committee’s ruling; governor’s constitutional right to freedom of religion
was not violated by application of state’s prohibition against using official
position to obtain direct personal financial gain to his receipt of offerings at
religious services at which he spoke as elder in his church; State Ethics
Commission did not find that governor violated ethics law by accepting
offerings for preaching at his church , but that he violated ethics laws by
using state aircraft to get to church services where offerings were accepted;
once understood, the religious liberty claim was not significant
741-NA
Allen v. City of Yonkers, 803 F.Supp. 679, 63 Fair Empl.Prac.Cas. (BNA)
1315 (S.D.N.Y., Apr 15, 1992)
Summary:
element
Racial discrimination suit by public employee; no religious
742-NA
Fireman's Fund Ins. Co. v. Garamendi, 790 F.Supp. 938 (N.D.Cal., Apr 13,
1992)
Summary: Insurers brought action challenging constitutionality of
regulations enacted by the California Insurance Commissioner to implement
insurance rate rollback provisions of initiative; no religious element
743-NA
E.E.O.C. v. R.R. Donnelley & Sons, Inc., 792 F.Supp. 56, 58 Fair
Empl.Prac.Cas. (BNA) 1489, 59 Empl. Prac. Dec. P 41,768 (S.D.Ind., Apr
13, 1992)
Summary:
Religious discrimination against private employer; no
governmental party nor governmental act challenged
744-NA
Yost v. Western Pennsylvania-West Virginia Synod of Lutheran Church in
America, Inc., 789 F.Supp. 191 (W.D.Pa., Apr 06, 1992)
Summary: Sex discrimination against private religious organization; no
governmental party nor governmental act challenged
745-NA
Stewart B. McKinney Foundation, Inc. v. Town Plan and Zoning Com'n of
Town of Fairfield, 790 F.Supp. 1197, 4 NDLR P 57 (D.Conn., Apr 01,
1992)
Summary: Fair Housing Act claim; no religious element
746-NA
Green v. City of Montgomery, 792 F.Supp. 1238, 61 Empl. Prac. Dec. P
42,309 (M.D.Ala., Mar 27, 1992)
Summary: Dispute between police officers and mayor and police chief; no
religious element
747-NA
E.E.O.C. v. Presbyterian Ministries, Inc., 788 F.Supp. 1154, 59 Fair
Empl.Prac.Cas. (BNA) 579 (W.D.Wash., Mar 19, 1992)
Summary: Religious discrimination suit against religiously-affiliated entity,
holding that Title VII did not apply (without addressing constitutional
claims); no governmental act challenged
748-NA
Jennings v. New York State Office of Mental Health, 786 F.Supp. 376, 63
Fair Empl.Prac.Cas. (BNA) 1585, 123 A.L.R. Fed. 661 (S.D.N.Y., Mar 16,
1992)
Summary: Gender discrimination suit against public employer; no religious
element
749-NA
Poston v. Reliable Drug Stores, Inc., 783 F.Supp. 1166, 58 Fair
Empl.Prac.Cas. (BNA) 274 (S.D.Ind., Feb 19, 1992)
Summary:
Religious and racial discrimination suit against private
employer; no governmental party nor governmental act challenged
750-NA
Babcock v. Frank, 783 F.Supp. 800, 59 Fair Empl.Prac.Cas. (BNA) 410, 62
Empl. Prac. Dec. P 42,386 (S.D.N.Y., Feb 07, 1992)
Summary: Sexual harassment suit by postal employee; no religious element
751-NA
Rivera Puig v. Garcia Rosario, 785 F.Supp. 278, 19 Media L. Rep. 2001, 19
Media L. Rep. 2011 (D.Puerto Rico, Jan 31, 1992)
Summary: Challenge by newspaper reporter to rule that closed preliminary
hearings in felony cases; no religious element
752-NA
Myles v. U.S., 810 F.Supp. 390, 71 A.F.T.R.2d 93-704, 93-1 USTC P
50,031 (N.D.N.Y., Dec 22, 1992)
Summary: Member of tax-exempt religious order filed suit seeking income
tax refund and order directing abatement of any assessed income tax; only
jurisdictional rulings; no constitutional challenge to tax statutues involved
753-NA
Rekhi v. Wildwood Industries, Inc., 816 F.Supp. 1308, 1 Wage & Hour
Cas.2d (BNA) 597 (C.D.Ill., Oct 09, 1992)
Summary: Suit against private employer for breach of employment contract
and religious belief retaliation; no governmental party nor governmental act
challenged
754-NA
Sokaogon Chippewa Community v. Exxon Corp., 805 F.Supp. 680
(E.D.Wis., Oct 06, 1992)
Summary: Sokaogon Chippewa Community, a Native American tribe,
brought action against landowner, state, and counties for right to possess
and occupy land; only religious element concerns rights to copper on land,
some of which is used in religious rites; no religious liberty claims
755-NA
Lyon v. Grossheim, 803 F.Supp. 1538 (S.D.Iowa, Sep 30, 1992)
Summary: Religious discrimination suit by public employee, but decided
by non-Article III magistrate judge
756-NA
Akbar v. Borgen, 803 F.Supp. 1479 (E.D.Wis., Sep 09, 1992)
Summary:
judgment
Earlier ruling coded at 356-FE; not re-coded with entry of
757-NA
Blough v. Food Lion, Inc., 142 F.R.D. 622 (E.D.Va., Aug 10, 1992)
Summary: Personal injury suit in which clergy privilege is discussed; no
religious liberty claim and no governmental party nor governmental act
challenged
758-NA
Singh v. Ilchert, 801 F.Supp. 313 (N.D.Cal., Jul 17, 1992)
Summary: Immigration case
759-NA
U.S. v. Concepcion, 795 F.Supp. 1262, 61 USLW 2063, 5 Fed.Sent.R. 35
(E.D.N.Y., Jul 16, 1992)
Summary: Welfare fraud case; no religious element
760-NA
Masayesva For and on Behalf of Hopi Indian Tribe v. Zah For and on
Behalf of Navajo Indian Tribe, 794 F.Supp. 899 (D.Ariz., Jul 10, 1992)
Summary: Dispute concerning respective Indian tribes’ rights to land; court
held that one tribe’s religious interests in land held in trust for another
Indian Tribe do not create a property interest in that land; not sufficiently
clear religious liberty claim against government; see also 764-NA
761-NA
Jones v. Mundy, 792 F.Supp. 1009 (E.D.N.C., Jun 05, 1992)
Summary: Servicemember claimed religious conscientious objector status;
decided on military statutory and regulatory grounds with no religious
liberty element directly addressed
762-NA
Maida v. Retirement and Health Services Corp., 795 F.Supp. 210
(E.D.Mich., May 29, 1992)
Summary: Property dispute involving church and other private entity; no
religious liberty issue and no governmental party nor governmental act
challenged
763-NA
Matter of Extradition of Howard, 791 F.Supp. 31 (D.Mass., May 14, 1992)
Summary: Extradition of foreign citizen; immigration-type case
764-NA
Masayesva for and on Behalf of Hopi Indian Tribe v. Zah for and on Behalf
of Navajo Indian Tribe, 793 F.Supp. 1495 (D.Ariz., Apr 27, 1992)
Summary: Dispute concerning respective Indian tribes’ rights to land;
earlier ruling in matter and not involving religious liberty claim; see also
760-NA
765-NA
Vetter v. Subotnik, 844 F.Supp. 1352 (D.Minn., Apr 07, 1992)
Summary: Professional malpractice suit; no religious element and no
governmental party nor governmental act challenged
766-NA
U.S. v. Yung, 786 F.Supp. 1561 (D.Kan., Feb 03, 1992)
Summary: Although defendant alleged that items protected by the First
Amendment were seized by officers executing a search warrant for search,
claimed that he was the pastor of a church which regularly met at premises
searched, and that he was a member of a religious-based educational
association, court was unable to enter judgment on merits on claim because
defendant failed to specify what items seized were so protected
767-NA
U.S. v. Gerard, 782 F.Supp. 913, 60 USLW 2558 (S.D.N.Y., Jan 29, 1992)
Summary: Mail fraud claim; no religious element
768-NA
U.S. v. Sprecher, 783 F.Supp. 133, 117 A.L.R. Fed. 767, Fed. Sec. L. Rep. P
96,498 (S.D.N.Y., Jan 16, 1992)
Summary: Attorney charged with fraud involving tax-exempt religious
institution; no religious liberty claims raised or addressed
769-NA
Lebaron v. U.S., 794 F.Supp. 947, 69 A.F.T.R.2d 92-671, 92-1 USTC P
50,089 (C.D.Cal., Jan 13, 1992)
Summary: Taxpayer brought suit against the United States for disclosure of
tax return information in violation of confidentiality provision during
enforcement proceeding against tax-exempt religious organization; no
religious liberty issues raised or addressed
770-NA
U.S. v. Yahweh, 779 F.Supp. 1342 (S.D.Fla., Jan 02, 1992)
Summary: Action by court to bar friends and supporters of defendants from
wearing their religious garb in courtroom, and to require suitable clothing
for defendants, to avoid intimidating jury; not action by executive or
legislative departments of government
771-NA
U.S. v. Greer, 968 F.2d 433 (5th Cir.(Tex.), Jul 30, 1992)
Summary: Criminal case with charge of conspiracy to oppress and
intimidate black and Hispanic citizens in exercise of their constitutional
rights; one issue is whether all Hispanic, black, and Jewish jurors should
have been stricken for cause; no religious liberty issues
772-NA
Colorado Taxpayers Union, Inc. v. Romer, 963 F.2d 1394 (10th Cir.(Colo.),
May 15, 1992)
Summary: Tax reform initiative dispute; no religious liberty issues and
ruling that plaintiffs lacked standing
773-NA
Sullivan v. Syracuse Housing Authority, 962 F.2d 1101 (2nd Cir.(N.Y.),
Apr 29, 1992)
Summary: Reversing district court ruling that plaintiff had no standing to
make establishment claim and remanding for consideration on merits
774-NA
Brody By and Through Sugzdinis v. Spang, 957 F.2d 1108, 73 Ed. Law
Rep. 404 (3rd Cir.(Pa.), Feb 28, 1992)
Summary: Remanding for district corut to determine whether to allow
intervention by parents who wish to defend baccalaureate service; no ruling
on merits
775-NA
E.E.O.C. v. Flasher Co., Inc., 986 F.2d 1312, 60 Fair Empl.Prac.Cas. (BNA)
814, 60 Empl. Prac. Dec. P 41,943 (10th Cir.(Okla.), Dec 29, 1992)
Summary: National origin discrimination suit against private employer; no
religious element and no governmental act challenged
776-NA
U.S. v. August, 984 F.2d 705 (6th Cir.(Mich.), Dec 23, 1992)
Summary: Criminal charge involving controlled substance; no religious
element
777-NA
Cook v. Chrysler Corp., 981 F.2d 336, 141 L.R.R.M. (BNA) 3038, 60 Fair
Empl.Prac.Cas. (BNA) 647, 60 Empl. Prac. Dec. P 41,884, 123 Lab.Cas. P
10,469, 125 Lab.Cas. P 10,651 (8th Cir.(Mo.), Dec 07, 1992)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
778-NA
Messer v. City of Douglasville, Ga., 975 F.2d 1505 (11th Cir.(Ga.), Oct 22,
1992)
Summary: Owner brought suit challenging constitutionality of sign
ordinance that restricted off-premises signs in city historic district and
placed other limitations on signing; speech had no religious content
779-NA
U.S. v. Welliver, 976 F.2d 1148 (8th Cir.(Neb.), Oct 01, 1992)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
780-NA
Ravindran v. I.N.S., 976 F.2d 754 (1st Cir., Sep 30, 1992)
Summary: Immigration case
781-NA
U.S. v. Gordon, 974 F.2d 1110 (9th Cir.(Cal.), Sep 04, 1992)
Summary: Defendant charged with threats against President had called him
“anti-Christ”; no religious liberty issues addressed
782-NA
U.S. v. Delgado-Cardenas, 974 F.2d 123 (9th Cir.(Cal.), Sep 03, 1992)
Summary: Criminal appeal and sentencing dispute; no religious liberty
issues addressed
783-NA
Rhoa-Zamora v. I.N.S., 971 F.2d 26, 61 USLW 2083 (7th Cir., Aug 04,
1992)
Summary: Immigration case
784-NA
U.S. v. White, 972 F.2d 16 (2nd Cir.(N.Y.), Aug 03, 1992)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
785-NA
Haitian Centers Council, Inc. v. McNary, 969 F.2d 1350, 61 USLW 2081
(2nd Cir.(N.Y.), Jul 29, 1992)
Summary: Immigration case
786-NA
Bass v. City of Albany, 968 F.2d 1067 (11th Cir.(Ga.), Jul 17, 1992)
Summary: Suit by discharged police officer; no religious element
787-NA
Jews for Jesus, Inc. v. Jewish Community Relations Council of New York,
Inc., 968 F.2d 286, 61 USLW 2051 (2nd Cir.(N.Y.), Jul 09, 1992)
Summary: “Jews for Jesus” and member brought action against Jewish
group and its officers to recover for allegedly coercing resort facility to
cancel contract with “Jews for Jesus”; no governmental party, nor
governmental act challenged; see also 609-NA
788-NA
DeTomaso v. McGinnis, 970 F.2d 211 (7th Cir.(Ill.), Jul 08, 1992)
Summary: Prisoner complained about denial of work release, but did not
allege religion had anything to do with it
789-NA
Siderman de Blake v. Republic of Argentina, 965 F.2d 699, 60 USLW 2771
(9th Cir.(Cal.), May 22, 1992)
Summary: Argentine family and daughter who was American citizen
brought action against Argentina and one of its provinces based on alleged
torture of one of its citizens and expropriation of property by military
officials; no religious liberty element and not involving claim against
United States governmental entity
790-NA
U.S. v. Huff, 959 F.2d 731, 35 Fed. R. Evid. Serv. 414 (8th Cir.(Minn.),
Mar 24, 1992)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
791-NA
FSK Drug Corp. v. Perales, 960 F.2d 6, Medicare and Medicaid Guide (C
40,091 (2nd Cir.(N.Y.), Mar 19, 1992)
Summary: Suit involving disenrollment of Medicaid provider; no religious
element
792-NA
Brownlee v. Conine, 957 F.2d 353, 22 Fed.R.Serv.3d 147 (7th Cir.(Wis.),
Feb 24, 1992)
Summary: Pretrial detainee raised what the court called a frivolous civil
rights claim that he was not allowed to have hardcover law books or
hardcover bible in his cell, given alternative of soft-cover books or access to
the library; not clear that this was presented as religious liberty claim, that
bible access was central as opposed to denial of hardcover books in general,
and in any event was not a significant claim
793-NA
McGuire v. General Motors Corp., 956 F.2d 607, 60 USLW 2588, 58 Fair
Empl.Prac.Cas. (BNA) 125, 58 Empl. Prac. Dec. P 41,287 (6th Cir.(Ohio),
Feb 12, 1992)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
794-NA
Lawrence v. Mars, Inc., 955 F.2d 902, 58 Fair Empl.Prac.Cas. (BNA) 38, 58
Empl. Prac. Dec. P 41,246, 7 IER Cases 583 (4th Cir.(Va.), Jan 31, 1992)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
795-NA
Pierce v. F.R. Tripler & Co., 955 F.2d 820, 60 Fair Empl.Prac.Cas. (BNA)
360, 58 Empl. Prac. Dec. P 41,278, 22 Fed.R.Serv.3d 356, 34 Fed. R. Evid.
Serv. 1336 (2nd Cir.(N.Y.), Jan 28, 1992)
Summary: Age discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
796-NA
U.S. v. Allen, 954 F.2d 1160 (6th Cir.(Tenn.), Jan 24, 1992)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
797-NA
Paradis v. Arave, 954 F.2d 1483 (9th Cir.(Idaho), Jan 23, 1992)
Summary: Defendant argued trial counsel was ineffective during voir dire
in failing to challenge juror who was member of church in which one of the
prosecuting attorneys was a bishop; no religious liberty issue
798-NA
U.S. v. Byrd, 954 F.2d 586 (9th Cir.(Cal.), Jan 23, 1992)
Summary: Defendant charged with making threatening, anti-Semitic
telephone call to Jewish business owner; no religious liberty claim made or
addressed
799-NA
Cordova v. Collins, 953 F.2d 167 (5th Cir.(Tex.), Jan 21, 1992)
Summary: Holding that trial court properly excluded for cause prospective
jurors who all expressed deep-seated conscientious or religious objections
to the death penalty; no religious liberty claim made by defendant
800-NA
Bastanipour v. I.N.S., 980 F.2d 1129, 61 USLW 2377 (7th Cir., Dec 07,
1992)
Summary: Immigration case
801-NA
Huaman-Cornelio v. Board of Immigration Appeals, 979 F.2d 995 (4th Cir.,
Nov 19, 1992)
Summary: Immigration case
802-NA
Burdick v. C.I.R., 979 F.2d 1369, 70 A.F.T.R.2d 92-6287, 92-2 USTC P
60,122 (9th Cir., Nov 18, 1992)
Summary: Tax case involving charitable deduction; no religious liberty
issues
803-NA
Lewis v. Seventh Day Adventists Lake Region Conference, 978 F.2d 940,
124 Lab.Cas. P 57,170 (6th Cir.(Mich.), Nov 04, 1992)
Summary: Dispute involving discharge of minister; court declined
jurisdiction; no governmental party nor governmental act challenged
805-NA
Bear v. Nix, 977 F.2d 1291 (8th Cir.(Iowa), Oct 23, 1992)
Summary: Difficult case to properly categorize; in the end, however, while
prisoner complained about being excluded from Native American religious
activities at prison, the decision was not made by prison (i.e., government)
authorities but rather by an independent consultant who was charged with
enforcing religious doctrine; thus, dispute although taking place in context
of prison is more of a piece with intramural religious disputes in which
government is not a party
806-NA
Hinrichs v. Whitburn, 975 F.2d 1329, 77 Ed. Law Rep. 736 (7th Cir.(Wis.),
Sep 23, 1992)
Summary: Religious liberty claim was not yet ripe; no ruling on merits
807-NA
All Indian Pueblo Council v. U.S., 975 F.2d 1437, 23 Envtl. L. Rep. 20,473
(10th Cir.(N.M.), Sep 17, 1992)
Summary: Environmental suit regarding sufficiency of environmental
assessment before approval of electrical transmission lines, in which
potential environmental impacts on archaeological sites, as well as on
Indian tribe’s religious practices was addressed, but not in terms of religious
liberty
808-NA
Abedini v. U.S. I.N.S., 971 F.2d 188 (9th Cir., Jul 24, 1992)
Summary: Immigration case
809-NA
Smith v. Brady, 972 F.2d 1095, 61 USLW 2139, 117 A.L.R. Fed. 653, 70
A.F.T.R.2d 92-5565, 92-2 USTC P 50,515 (9th Cir.(Cal.), Aug 17, 1992)
Summary: Post-merits attorney’s fee request
810-NA
Sivaainkaran v. I.N.S., 972 F.2d 161 (7th Cir., Aug 17, 1992)
Summary: Immigration case
811-NA
Port Authority Police Benev. Ass'n, Inc. v. Port Authority of New York and
New Jersey Police Dept., 973 F.2d 169 (3rd Cir.(N.J.), Aug 07, 1992)
Summary: Free speech case involving non-religious speech and decided on
abstention basis
812-NA
Religious Technology Center v. Wollersheim, 971 F.2d 364, 1992
Copr.L.Dec. P 26,958, RICO Bus.Disp.Guide 8058 (9th Cir.(Cal.), Jul 29,
1992)
Summary: RICO case between private parties including disputes on use of
confidential or trademark religious documents; no governmental party nor
governmental act challenged
813-NA
U.S. v. Alarape, 969 F.2d 349 (7th Cir.(Ill.), Jul 20, 1992)
Summary: Holding that the trial judge did not have to ask during voir dire
whether jurors would be prejudiced by religion of defendant who was
Muslim from Nigeria; defendant’s religion was extraneous to any issue in
case and would not have been learned of by jury if defendant’s lawyer had
not gratuitously raised subject during direct examination of defendant; not
religious liberty case
814-NA
Mark IV Pictures, Inc. v. C.I.R., 969 F.2d 669, 70 A.F.T.R.2d 92-5210, 92-2
USTC P 50,365 (8th Cir., Jul 13, 1992)
Summary: Tax case involving partnership producing religious films; no
religious liberty issues
815-NA
Canas-Segovia v. I.N.S., 970 F.2d 599 (9th Cir.(Cal.), Jul 10, 1992)
Summary: Immigration case
816-NA
U.S. v. Egan, 966 F.2d 328 (7th Cir.(Ill.), Jul 09, 1992)
Summary: Sentencing dispute; no religious element
817-NA
Klawitter v. I.N.S., 970 F.2d 149 (6th Cir., Jun 29, 1992)
Summary: Immigration case
818-NA
Estate of Muhammad v. C.I.R., 965 F.2d 520, 70 A.F.T.R.2d 92-6194, 92-2
USTC P 60,103 (7th Cir., Jun 19, 1992)
Summary: Gift and estate tax case; court concluded transfer was a gift
rather than payment for services because evidence indicated that transferees
performed services for donor as part of their religion and would have been
insulted had they been paid for such services; no religious liberty issues
819-NA
Friend v. Kolodzieczak, 965 F.2d 682 (9th Cir.(Cal.), May 19, 1992)
Summary: Post-merits attorney’s fee request
820-NA
Baka v. I.N.S., 963 F.2d 1376 (10th Cir., May 13, 1992)
Summary: Immigration case
821-NA
Saleh v. U.S. Dept. of Justice, 962 F.2d 234 (2nd Cir., Apr 29, 1992)
Summary: Immigration case
822-NA
Society of Separationists, Inc. v. Herman, 959 F.2d 1283, 60 USLW 2710
(5th Cir.(Tex.), Apr 17, 1992)
Summary: Prospective juror who had been imprisoned for contempt when
she refused to swear or affirm to tell the truth brought civil rights action
against judge and others; claim is primarily against judicial action;
moreover court held she lacked standing to seek prospective relief
823-NA
Sisters of Presentation of Blessed Virgin Mary of Aberdeen, S.D. v.
National Credit Union Admin. Bd., 961 F.2d 733 (8th Cir., Apr 08, 1992)
Summary: Dispute involving shares in liquidated credit union (religious
organization being owner of such shares); no religious liberty issues
824-NA
Aquino v. Stone, 957 F.2d 139 (4th Cir.(Va.), Feb 26, 1992)
Summary: Almost could be included in Free Exercise database; Army
Reserve officer brought suit against Secretary of Army seeking to amend
Army report of criminal investigation about him; in particular, he claimed
that military officials in titling report in his name were improperly
influenced by his satanist religious beliefs (although court found otherwise);
however, ruling is based on Administrative Procedure Act with no
constitutional religious liberty claims apparently raised
825-NA
Phelps v. Hamilton, 840 F.Supp. 1442 (D.Kan., Dec 23, 1993)
Summary: Suit involving free exercise and free speech rights of antihomosexual picketers; however, court addresses only standing issues and
says that an evidentiary hearing is necessary to determine whether such
picketing was an integral part of their religious practice
826-NA
Paulsen v. Lehman, 839 F.Supp. 147 (E.D.N.Y., Dec 01, 1993)
Summary: Earlier ruling granting preliminary injunction due to likelihood
of success on the merits and upholding the free speech rights of a spiritual
outreach program wishing to distribute noncommercial religious pamphlets
in particular area of state park was coded at 248-FE; granting of final
judgment not re-coded to avoid double-counting
827-NA
Barquin v. Roman Catholic Diocese of Burlington, Vermont, Inc., 839
F.Supp. 275 (D.Vt., Nov 10, 1993)
Summary: Suit against nun and diocese for alleged sexual abuse; no
governmental party nor governmental act of executive-legislative nature
challenged
828-NA
Hausch v. Donrey of Nevada, Inc., 833 F.Supp. 822, 62 USLW 2208, 62
Fair Empl.Prac.Cas. (BNA) 1553, 63 Empl. Prac. Dec. P 42,795, 22 Media
L. Rep. 1076 (D.Nev., Sep 20, 1993)
Summary: Sex discrimination suit against newspaper; no religious element
(although free exercise is mentioned by analogy) and no governmental party
nor governmental act challenged
829-NA
Warner v. Orange County Dept. of Probation, 827 F.Supp. 261 (S.D.N.Y.,
Jul 29, 1993)
Summary: Holding only that complaint adequately stated establishment
cause of action against being sentenced to attend Alcoholics Anonymous
meetings; later ruling on merits, 870 F. Supp. 69 is coded
830-NA
Matter of Baby K, 832 F.Supp. 1022, 2 A.D. Cases 1244, 2 A.D.D. 1375, 4
NDLR P 219 (E.D.Va., Jul 01, 1993)
Summary: Difficult decision to code for a database; non-public hospital
sought declaratory judgment that withholding ventilator treatment for infant
over mother’s objection would not violate federal or state law; court
referred to mother’s religious interests as protected by the First Amendment,
but apparently more as a factor since she did not directly assert such a claim
nor is a governmental party or governmental statute at challenged on any
religious grounds
831-NA
Jane L. v. Bangerter, 828 F.Supp. 1544 (D.Utah, Jun 29, 1993)
Summary: Post-merits fee requests
832-NA
Ryncarz v. Eikenberry, 824 F.Supp. 1493 (E.D.Wash., Jun 25, 1993)
Summary: Free exercise claims raised by prisoner resisting drawing of
blood, but decided by non-Article III magistrate judge
833-NA
Bridge Publications, Inc. v. Vien, 827 F.Supp. 629, 1993 Copr.L.Dec. P
27,162, 84 Ed. Law Rep. 1012 (S.D.Cal., May 04, 1993)
Summary:
Religious organization sued instructor for copyright
infringement and misappropriation of trade secrets; no governmental party
nor governmental act challenged
834-NA
Null v. Board of Educ. of County of Jackson, 815 F.Supp. 937, 81 Ed. Law
Rep. 776 (S.D.W.Va., Mar 11, 1993)
Summary: Parents challenged constitutionality of statute regulating home
schooling of children; although free exercise is mentioned as an example of
a fundamental right, the parents did not raise a free exercise claim but
instead alleged a general liberty interest in upbringing of children
835-NA
Felter v. Cape Girardeau School Dist., 810 F.Supp. 1062, 61 USLW 2461,
80 Ed. Law Rep. 595, 1 A.D.D. 399, 1 A.D.D. 633 (E.D.Mo., Jan 19, 1993)
Summary: Although handicapped student demanded transportation from
outside parochial school to special education program, claim was based on
federal disability education statute and not as a religious liberty claim; only
government raised religious liberty claim with establishment defense to a
statutory claim; because no one made a religious liberty claim against the
government, the case is outside the scope of this study
836-NA
Jackson and Coker, Inc. v. Lynam, 840 F.Supp. 1040, 70 Fair
Empl.Prac.Cas. (BNA) 40, 64 Empl. Prac. Dec. P 43,129 (E.D.Pa., Dec 30,
1993)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
837-NA
Weissman v. Congregation Shaare Emeth, 839 F.Supp. 680, 63 Fair
Empl.Prac.Cas. (BNA) 1085 (E.D.Mo., Dec 22, 1993)
Summary: Religious liberty objection to application of age discrimination
statute, but decided by non-Article III magistrate judge
838-NA
E.E.O.C. v. Kamehameha Schools/Bishop Estate, 848 F.Supp. 899, 64 Fair
Empl.Prac.Cas. (BNA) 960, 65 Empl. Prac. Dec. P 43,226, 90 Ed. Law Rep.
1071 (D.Hawai'i, Dec 22, 1993)
Summary: Religious discrimination suit against religiously-oriented school;
but addresses no religious liberty objection to application of Title VII
839-NA
Pearson v. City of Paris, 839 F.Supp. 645 (W.D.Ark., Dec 02, 1993)
Summary: Suit by discharged police chief against city; while he asserted
“liberty interest” and denial of due process and while there were questions
whether he referred to employees as pagan and allowed his religious beliefs
to interfere with his work, he made no religious liberty or discrimination
claims
840-NA
Brounstein v. American Cat Fanciers Ass'n, 839 F.Supp. 1100 (D.N.J., Dec
01, 1993)
Summary: Religious discrimination suit against private association; no
governmental party nor governmental act challenged
841-NA
Thomas v. Devries, 834 F.Supp. 398, 86 Ed. Law Rep. 879 (M.D.Ga., Oct
19, 1993)
Summary: Suit by terminated professor at public university; no claim of
religious discrimination or religious liberty
842-NA
Stafford v. State, 835 F.Supp. 1136, 65 Fair Empl.Prac.Cas. (BNA) 646, 64
Empl. Prac. Dec. P 43,141 (W.D.Mo., Oct 13, 1993)
Summary: Sex discrimination suit by corrections officer; no religious
discrimination claim
843-NA
New York State Ass'n of Realtors, Inc. v. Shaffer, 833 F.Supp. 165
(E.D.N.Y., Sep 30, 1993)
Summary: Constitutional challenge to statute authorizing Secretary of State
to issue “nonsolicitation” orders preventing real estate brokers from directly
soliciting clients in areas undergoing racial transition was unconstitutional;
no religious element nor religious liberty claim
844-NA
Salem Blue Collar Workers Ass'n v. City of Salem, 832 F.Supp. 852
(D.N.J., Sep 13, 1993)
Summary: Constitutional challenge to municipal ordinance requiring most
city employees to live in city; no religious liberty claims
845-NA
Cohen v. Austin, 833 F.Supp. 512 (E.D.Pa., Sep 13, 1993)
Summary: Religious discrimination suit by federal employee; jurisdictional
ruling only; no ruling on merits; merits addressed in later rulings that are
coded
846-NA
Dahl v. Secretary of U.S. Navy, 830 F.Supp. 1319, 62 USLW 2153, 62 Fair
Empl.Prac.Cas. (BNA) 1373 (E.D.Cal., Aug 30, 1993)
Summary: Challenge to exclusion of homosexuals from military; no
religious liberty claims
847-NA
Battle v. Whitehurst, 831 F.Supp. 522 (E.D.Va., Aug 26, 1993)
Summary: Complaint about revocation of bonding certificate; no religious
element
848-NA
Felt v. Atchison, Topeka & Santa Fe Ry. Co., 831 F.Supp. 780, 62 USLW
2142, 144 L.R.R.M. (BNA) 2071, 62 Fair Empl.Prac.Cas. (BNA) 1057, 63
Empl. Prac. Dec. P 42,676, 126 Lab.Cas. P 10,905 (C.D.Cal., Aug 18,
1993)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
849-NA
Sears Mortg. Corp. v. Atuahene, 828 F.Supp. 368 (E.D.Pa., Aug 12, 1993)
Summary: Mortgage foreclose matter; no religious element and no
governmental party nor governmental act challenged
850-NA
Sampson v. Village Discount Outlet, Inc., 832 F.Supp. 1163 (N.D.Ill., Aug
11, 1993)
Summary: Civil rights claim by Jewish customer against private business;
no religious element and no governmental party nor governmental act
challenged
851-NA
Presbytery of New Jersey of Orthodox Presbyterian Church v. Florio, 830
F.Supp. 241, 62 Fair Empl.Prac.Cas. (BNA) 995, 63 Empl. Prac. Dec. P
42,651 (D.N.J., Aug 10, 1993)
Summary: Challenge by religious organization to state statute barring
discrimination against homosexuals; ruling only on lack of justiciability; no
ruling on merits
852-NA
Tichenor v. Roman Catholic Church of Archdiocese of New Orleans, 869
F.Supp. 429 (E.D.La., Aug 04, 1993)
Summary: Suit against church and priest for alleged illicit sexual conduct
by priest; no religious liberty claims addressed
853-NA
Greene v. Term City, Inc., 828 F.Supp. 584 (N.D.Ill., Aug 03, 1993)
Summary: Suit for sex and religious discrimination against private
employer; no governmental party nor governmental act challenged
854-NA
Knowles v. U.S., 829 F.Supp. 1147 (D.S.D., Jul 27, 1993)
Summary: Malpractice suit including constitutional challenge to limitations
on such suits; no religious element
855-NA
Bailey v. Snyder, 855 F.Supp. 1392 (D.Del., Jul 23, 1993)
Summary: In habeas corpus case, court held that prosecutor’s remark in
closing argument during penalty phase of state capital murder trial that it
was defendant’s “day of atonement” did not involve untoward request for
jury to sentence defendant for religious purpose and, thus, remark did not
deprive defendant of fair trial or violate defendant’s due process rights; no
direct and affirmative claim of religious liberty made
856-NA
U.S. v. Breyer, 829 F.Supp. 773 (E.D.Pa., Jul 06, 1993)
Summary: Denaturalization case, which is within immigration category; in
any event, no religious liberty claims
857-NA
Wallace v. Leonardo, 827 F.Supp. 150 (W.D.N.Y., Jun 30, 1993)
Summary: Claim of appeal by prosecutor to religious prejudice, but decided
by non-Article III magistrate judge
858-NA
Mussington v. St. Luke's-Roosevelt Hosp. Center, 824 F.Supp. 427,
Medicare and Medicaid Guide (C 41,495 (S.D.N.Y., Jun 11, 1993)
Summary: Minorities, churches, and other organizations brought action
against hospital alleging that shifting of certain services to another location
discriminated against Medicaid patients and on basis of race; dispute
between private entities; no governmental party nor governmental act
challenged
859-NA
Weissman v. Congregation Shaare Emeth, 823 F.Supp. 1483, 62 Fair
Empl.Prac.Cas. (BNA) 161, 63 Empl. Prac. Dec. P 42,882 (E.D.Mo., Jun 09,
1993)
Summary: Religious liberty objection to application of age discrimination
statute, but decided by non-Article III magistrate judge
860-NA
Martin v. Farley, 872 F.Supp. 551 (N.D.Ind., Jun 09, 1993)
Summary: Habeas corpus case in which one issue involved fact that one
juror heard loud verbal disagreement between defendant and correctional
officer during a lunch recess regarding the defendant’s religious dietary
needs did not give rise to due process violation; no clear religious liberty
issue involved
861-NA
Perez v. City of Key West, Fla., 823 F.Supp. 934, 84 Ed. Law Rep. 188
(M.D.Fla., Jun 01, 1993)
Summary: Police academy cadet filed action against city and community
college arising from police department’s withdrawal of its sponsorship of
cadet and his expulsion from community college; no religious element
862-NA
N.A.A.C.P. Labor Committee of Front Royal, Va. v. Laborers' Intern. Union
of North America, 902 F.Supp. 688 (W.D.Va., May 24, 1993)
Summary: Race discrimination suit against private party; no religious
element and no governmental party nor governmental act challenged
863-NA
Williams v. Frame, 821 F.Supp. 1093 (E.D.Pa., May 19, 1993)
Summary: Inmate raised civil rights claims, including claim that some of
his outgoing mail to news media and a religious group was lost is found
frivolous; it is not clear that mail loss claim is raised as a religious liberty
claim or involves religious exercise; in any event, it does not appear
significant
864-NA
U.S. E.E.O.C. v. IBP, Inc., 824 F.Supp. 147, 61 Fair Empl.Prac.Cas. (BNA)
1351, 61 Empl. Prac. Dec. P 42,265 (C.D.Ill., May 07, 1993)
Summary: Religious discrimination suit against private employer; no
governmental act challenged
865-NA
Matter of Extradition of Smyth, 820 F.Supp. 498 (N.D.Cal., May 06, 1993)
Summary: Extradiction claim involving foreign national; similar to
immigration case
866-NA
Hahn v. County of Otsego, 820 F.Supp. 54 (N.D.N.Y., May 06, 1993)
Summary: Religious liberty claims, but decided by non-Article III
magistrate judge
867-NA
Dhine v. District Director, 818 F.Supp. 671, 39 Fed. R. Evid. Serv. 151
(S.D.N.Y., Apr 22, 1993)
Summary: Immigration case
868-NA
Young v. Northern Illinois Conference of United Methodist Church, 818
F.Supp. 1206, 61 Fair Empl.Prac.Cas. (BNA) 1157, 61 Empl. Prac. Dec. P
42,294 (N.D.Ill., Apr 19, 1993)
Summary: Holding that court lacked jurisdiction over Title VII claim by
discharged elder against church; although court also suggested it may be a
court-crafted exception to Title VII, the primary concern was about the
actions of the court rather than legislative-executive departments of
government (and affirmance on appeal was for justiciability reasons)
869-NA
Barnett v. State of Wis. Ethics Bd., 817 F.Supp. 67, 82 Ed. Law Rep. 398
(E.D.Wis., Apr 06, 1993)
Summary: Constitutional challenge to state gag law, which prohibited
agency employees from requesting from legislature appropriations
exceeding amount of agency’s most recent request; no religious element
870-NA
U.S. v. Redondo-Lemos, 817 F.Supp. 812 (D.Ariz., Mar 29, 1993)
Summary: Charge of plea bargain discrimination based on gender; no
religious element
871-NA
Bender v. City of St. Ann, 816 F.Supp. 1372 (E.D.Mo., Mar 26, 1993)
Summary: Deli owner filed constitutional challenge against ordinance
restricting the number of commercial signs his establishment could display;
no religious element
872-NA
Kirwan v. Larned Mental Health, 816 F.Supp. 672 (D.Kan., Mar 19, 1993)
Summary: Inmate complained about failure to use his new legal name, but
name was changed for personal not religious reasons
873-NA
Carter v. Bruce Oakley, Inc., 849 F.Supp. 673, 64 Fair Empl.Prac.Cas.
(BNA) 967 (E.D.Ark., Mar 05, 1993)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
874-NA
Sandler v. Marconi Circuit Technology Corp., 814 F.Supp. 263, 20 UCC
Rep.Serv.2d 1059 (E.D.N.Y., Feb 16, 1993)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
875-NA
O'Malley v. City of Syracuse, 813 F.Supp. 133 (N.D.N.Y., Feb 11, 1993)
Summary: Free speech challenge by club to ordinance prohibiting nude
dancing without proximity to residences, schools, or churches, but no direct
establishment clause challenge
876-NA
Gates v. Chadwick, 812 F.Supp. 1233 (M.D.Ga., Feb 10, 1993)
Summary: Dispute involving denial of liquor license to business located
within proximity of church which was defunct; no religious liberty issues
877-NA
Clark v. City of Zebulon, 156 F.R.D. 684, 28 Fed.R.Serv.3d 115 (N.D.Ga.,
Feb 02, 1993)
Summary: Suit by former police officer; no religious element
878-NA
Jackson and Coker, Inc. v. Lynam, 812 F.Supp. 55 (E.D.Pa., Jan 29, 1993)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
879-NA
U.S. v. Gillotti, 822 F.Supp. 984, 76 A.F.T.R.2d 95-7701 (W.D.N.Y., Jan
28, 1993)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
880-NA
Shapiro-Gordon v. MCI Telecommunications Corp., 810 F.Supp. 574, 68
Fair Empl.Prac.Cas. (BNA) 281 (S.D.N.Y., Jan 22, 1993)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
881-NA
Nichols v. Nix, 810 F.Supp. 1448 (S.D.Iowa, Jan 11, 1993)
Summary: Free exercise claim by inmate, but decided by non-Article III
magistrate judge
882-NA
Aubrey v. Cincinnati Reds, 841 F.Supp. 229 (S.D.Ohio, Dec 28, 1993)
Summary: Because this is the second stage of ongoing litigation involving
the same parties and the same policy about display of religious banners
during baseball games and because the outcome (in favor of free speech) is
the same, only the earlier decision has been coded to avoid double-counting
883-NA
U-John v. Composite Bible-based religious Body of All Protestant and
Catholic Organizations of Christendom and All Jewish Organizations of
Judaism, 839 F.Supp. 861 (N.D.Ga., Nov 10, 1993)
Summary: Absurd lawsuit filed against all Protestant, Catholic, and Jewish
organizations alleging fraud and “breach of duty” in failing to strictly follow
Biblical teachings of the “Universal Sovereign,” defamation of the
Universal Sovereign, and extortion and misappropriations through exaction
of tithes and contributions; no religious liberty claims against government
884-NA
U.S. v. Hillstrom, 837 F.Supp. 1324 (M.D.Pa., Nov 04, 1993)
Summary: Criminal case for escape; no religious liberty claims
885-NA
U.S. v. Goldberger, 837 F.Supp. 447 (D.D.C., Oct 27, 1993)
Summary: Criminal case in which court set aside confession because
defendant was religious student who was unsophisticated in ways of the
world; no religious liberty claims
886-NA
Texaco Refining and Marketing Inc. v. Davis, 835 F.Supp. 1223 (D.Or., Oct
21, 1993)
Summary: Franchise dispute between private parties in which one party
claimed religious motivation for actions; no religious liberty claims
887-NA
U.S. v. McCarthy, 840 F.Supp. 1404 (D.Colo., Sep 24, 1993)
Summary: Sentencing matter; no religious element
888-NA
Rajaratnam v. Moyer, 832 F.Supp. 1219 (N.D.Ill., Sep 17, 1993)
Summary: Immigration case
889-NA
Turkish v. Kasenetz, 832 F.Supp. 565, RICO Bus.Disp.Guide 8474
(E.D.N.Y., Sep 08, 1993)
Summary: RICO suit among private parties; minor religious element, but
no governmental party nor governmental act challenged
890-NA
Warren v. Brown, 6 Vet.App. 4 (Vet.App., Sep 01, 1993)
Summary: Veterans’ benefits case in which relevance of religious book
written by claimant was discussed in support of his claim that psychiatric
disorder was service-related; no religious liberty claims
891-NA
Cady v. City of Chicago, 855 F.Supp. 922 (N.D.Ill., Aug 24, 1993)
Summary: Attorney’s fees claims
892-NA
U.S. v. Spriggs, 827 F.Supp. 372 (E.D.Va., Aug 18, 1993)
Summary: Criminal case, in which court held that warrantless strip search
of prison visitor was reasonable where, after consenting to pat down of his
upper body and thorough inspection of mouth, visitor balked at pat down of
his groin area, attempted to withdraw consent, and asserted suspect religious
objection to search; no religious liberty claim and religious objection was
apparently fraudulent, even if it had been pressed in case
893-NA
U.S. v. Koon, 833 F.Supp. 769, 62 USLW 2150, 7 Fed.Sent.R. 205
(C.D.Cal., Aug 04, 1993)
Summary: Criminal sentencing case; no religious element
894-NA
Cannon v. Edgar, 825 F.Supp. 1349, 62 USLW 2080, 143 L.R.R.M. (BNA)
2784 (N.D.Ill., Jul 13, 1993)
Summary: Addressing whether, under state law and federal labor law, an
employer may require union to establish a pool of replacement workers or,
during strike, force or coerce union into actually performing burials for
people whose religious tenets require prompt burial; but no one is making a
religious liberty claim against the government or challenging the validity of
a statute on religious liberty grounds
895-NA
Burnette v. Godshall, 828 F.Supp. 1439, 27 Fed.R.Serv.3d 125, RICO
Bus.Disp.Guide 8446 (N.D.Cal., Jul 12, 1993)
Summary: RICO suit among private parties; no religious liberty claims
896-NA
Doe v. Mercy Health Corp. of Southeastern Pennsylvania, 150 F.R.D. 83, 2
A.D. Cases 943, 2 A.D.D. 97, 4 NDLR P 55 (E.D.Pa., May 25, 1993)
Summary: Complaint by physician denied privileges against private
hospital in which religious affiliation of hospital is an issue; no religious
liberty claims addressed; only denial of summary judgment
897-NA
Farley v. Wisconsin Evangelical Lutheran Synod, 821 F.Supp. 1286
(D.Minn., May 24, 1993)
Summary: Suit for defamation against religious organization in which court
declined jurisdiction; no governmental party nor action by executivelegislative departments of government
898-NA
Tilton v. Capital Cities/ABC Inc., 827 F.Supp. 672, 21 Media L. Rep. 1536
(N.D.Okla., May 13, 1993)
Summary: Televangelist sued private media entity for defamation; no
religious liberty claims and no governmental party nor governmental act
challenged
899-NA
New Jersey Ass'n of Health Care Facilities, Inc. v. Gibbs, 838 F.Supp. 881,
43 Soc.Sec.Rep.Ser. 169, Medicare and Medicaid Guide (C 42,106 (D.N.J.,
Mar 04, 1993)
Summary: Nursing facilities brought class action to challenge state’s
method of calculating Medicaid reimbursement rates; no religious liberty
claims
900-NA
Battle v. Armontrout, 814 F.Supp. 1412 (E.D.Mo., Mar 01, 1993)
Summary: Habeas corpus in which defendant challenged striking of juror
who was opposed to death penalty; not religious liberty case
901-NA
Johnston-Loehner by Johnston-Loehner v. O'Brien, 837 F.Supp. 388, 87 Ed.
Law Rep. 762 (M.D.Fla., Feb 18, 1993)
Summary: Holding that motion for injunction to prevent school’s
interference with child’s distribution of religious tracts was premature as
school board had not thoughtfully applied and defined policy; not
sufficiently a ruling on the merits to be coded
902-NA
Petition of France for Extradition of Sauvage, 819 F.Supp. 896 (S.D.Cal.,
Feb 10, 1993)
Summary: Extradition matter excluded from study along with immigration
matters; also decided by non-Article III magistrate judge
903-NA
Travenol Laboratories, Inc. v. U.S., 17 C.I.T. 69, 813 F.Supp. 840, 15 ITRD
1096 (CIT, Feb 03, 1993)
Summary: Customs duties dispute; no religious element
904-NA
U.S. v. Reaves, 811 F.Supp. 1106 (E.D.Pa., Jan 22, 1993)
Summary: Sentencing case in which defendant asked for downward
departure due to personal transformation and religious beliefs; no religious
liberty claims
905-NA
Tilton v. Richardson, 6 F.3d 683 (10th Cir.(Okla.), Sep 14, 1993)
Summary: Minister filed suit for civil rights conspiracy against private
individuals accusing them of defamation; no governmental party nor
governmental act challenged
906-NA
Kansas Public Employees Retirement System v. Reimer & Koger
Associates, Inc., 4 F.3d 614, Blue Sky L. Rep. P 73,859 (8th Cir.(Mo.), Sep
02, 1993)
Summary: Savings and loan receiver dispute; no religious element
907-NA
Cannon v. City and County of Denver, 998 F.2d 867 (10th Cir.(Colo.), Jul
12, 1993)
Summary: Free speech claims by abortion protestors; not clearly religious
in content of speech
908-NA
Nereida-Gonzalez v. Tirado-Delgado, 990 F.2d 701 (1st Cir.(Puerto Rico),
Apr 14, 1993)
Summary: Employee sued claiming constructive discharge for her political
views; no religious element
909-NA
Murphy v. Derwinski, 990 F.2d 540, 61 USLW 2619, 61 Fair
Empl.Prac.Cas. (BNA) 764, 61 Empl. Prac. Dec. P 42,231 (10th Cir.(Colo.),
Apr 01, 1993)
Summary: Female applicant for Catholic chaplaincy position at VA hospital
challenged requirement that chaplains be ordained; although she argued this
requirement violated the establishment clause in the district, she did not
pursue that claim on appeal; court ultimately holds in favor of plaintiff
based on sex discrimination, not religious discrimination or religious liberty
claim
910-NA
U.S. v. Forney, 9 F.3d 1492 (11th Cir.(Fla.), Dec 27, 1993)
Summary: Sentencing dispute; no religious element
911-NA
Crosetto v. State Bar of Wisconsin, 12 F.3d 1396 (7th Cir.(Wis.), Dec 20,
1993)
Summary: Free speech challenge to mandatory state bar association; no
religious element
912-NA
U.S. v. Van Engel, 15 F.3d 623 (7th Cir.(Wis.), Dec 20, 1993)
Summary: Criminal case; no religious element
913-NA
Cedars-Sinai Medical Center v. Watkins, 11 F.3d 1573, 29 U.S.P.Q.2d 1188
(Fed.Cir.(Cal.), Dec 13, 1993)
Summary: Patent dispute; no religious element
914-NA
U.S. v. Oakes, 11 F.3d 897 (9th Cir.(Wash.), Dec 10, 1993)
Summary: Criminal defendant objected to being prosecuted in federal court
with harsher sentence; no religious element
915-NA
U.S. v. Patzer, 15 F.3d 934 (10th Cir.(Wyo.), Dec 08, 1993)
Summary: To criminal charge of running hunting out-fitting and filming of
game operation in national forest without authorization, defendant argued
he was not doing so commercially but rather as a hunting club to create
atmosphere to share his Christian faith; no religious liberty claim made in
response to criminal charge
916-NA
Morgan v. Ford, 6 F.3d 750, 67 Fair Empl.Prac.Cas. (BNA) 195, 63 Empl.
Prac. Dec. P 42,660 (11th Cir.(Ga.), Nov 09, 1993)
Summary: Civil rights suit by former public employee, focusing on sexual
harassment complaints; no religious element
917-NA
McMaster v. U.S., 9 F.3d 47 (8th Cir.(Minn.), Nov 08, 1993)
Summary: Extradition to Canada dispute; and no religious element
918-NA
Heller v. EBB Auto Co., 8 F.3d 1433, 63 Fair Empl.Prac.Cas. (BNA) 505,
63 Empl. Prac. Dec. P 42,663 (9th Cir.(Or.), Nov 05, 1993)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
919-NA
U.S. v. Mkhsian, 5 F.3d 1306, 26 Fed.R.Serv.3d 1196, 39 Fed. R. Evid.
Serv. 794 (9th Cir.(Cal.), Sep 27, 1993)
Summary: Court observed that government’s refusal to move for downward
departure in sentence based on religious discrimination would be improper;
not issue in case
920-NA
U.S. v. Jacobs, 4 F.3d 603 (8th Cir.(Mo.), Sep 01, 1993)
Summary: Criminal defendant objected to being prosecuted in federal court
with harsher sentence; no religious element
921-NA
Jones v. City of Carlisle, Ky., 3 F.3d 945, 5 NDLR P 122 (6th Cir.(Ky.),
Aug 27, 1993)
Summary: Car accident case; no religious element
922-NA
U.S. v. Hammes, 3 F.3d 1081, 72 A.F.T.R.2d 93-6783 (7th Cir.(Wis.), Aug
26, 1993)
Summary: Holding that defendant could be charged with illegal gambling
even though state law allowed some forms of wagering including church
bingo; no religious liberty issues
923-NA
King v. Puckett, 1 F.3d 280 (5th Cir.(Miss.), Aug 25, 1993)
Summary: Reference to remark by prosecutor about “black minister” to jury
in capital case, which court says was not racial comment (as defendant
claimed) but attempted religious endorsement of capital punishment;
defendant raised no religious liberty claims
924-NA
Sinai v. New England Tel. and Tel. Co., 3 F.3d 471, 62 USLW 2183, 62
Fair Empl.Prac.Cas. (BNA) 1202, 62 Empl. Prac. Dec. P 42,519 (1st
Cir.(Mass.), Aug 24, 1993)
Summary: National origin and quasi-religious discrimination claim against
private employer; no governmental party nor governmental act challenged
925-NA
Khader v. Aspin, 1 F.3d 968, 62 Empl. Prac. Dec. P 42,447, 2 A.D. Cases
1070, 2 A.D.D. 806, 4 NDLR P 111 (10th Cir.(Colo.), Jun 29, 1993)
Summary: Disability discrimination suit by federal employee; no religious
element
926-NA
U.S. v. Sustaita, 1 F.3d 950 (9th Cir.(Cal.), Aug 10, 1993)
Summary: Plea bargaining decisions not subject to review absent improper
element like religious discrimination which was not alleged here; no
religious element
927-NA
Khano v. I.N.S., 999 F.2d 1203 (7th Cir., Aug 04, 1993)
Summary: Immigration case
928-NA
Yacoub v. I.N.S., 999 F.2d 1296 (8th Cir., Aug 03, 1993)
Summary: Immigration case
929-NA
Gafford v. General Elec. Co., 997 F.2d 150, 62 Fair Empl.Prac.Cas. (BNA)
205, 62 Empl. Prac. Dec. P 42,451 (6th Cir.(Ky.), Jun 18, 1993)
Summary: Sex discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
930-NA
U.S. v. Jennings, 991 F.2d 725 (11th Cir.(Ala.), May 26, 1993)
Summary: Yet another criminal case involving claim of selective
prosecution; no religious element
931-NA
U.S. v. Canon, 993 F.2d 1439 (9th Cir.(Cal.), May 20, 1993)
Summary: Another criminal defendant objecting to being prosecuted in
federal court; no religious element
932-NA
Shapolia v. Los Alamos Nat. Laboratory, 992 F.2d 1033, 61 USLW 2748,
61 Fair Empl.Prac.Cas. (BNA) 1172, 61 Empl. Prac. Dec. P 42,250 (10th
Cir.(N.M.), Apr 27, 1993)
Summary: Religious discrimination suit, but against government contractor,
not government agency as employer; no governmental party nor
governmental act challenged
933-NA
Ogbemudia v. I.N.S., 988 F.2d 595 (5th Cir., Apr 19, 1993)
Summary: Immigration case
934-NA
E.E.O.C. v. Kamehameha Schools/Bishop Estate, 990 F.2d 458, 61 USLW
2624, 61 Fair Empl.Prac.Cas. (BNA) 621, 62 Fair Empl.Prac.Cas. (BNA)
258, 61 Empl. Prac. Dec. P 42,164, 82 Ed. Law Rep. 303 (9th Cir.(Hawai'i),
Mar 31, 1993)
Summary: Religious discrimination suit against religiously-oriented school,
holding that Title VII does not exempt institution that is merely affiliated
with religious organization; but addresses no religious liberty objection to
application of Title VII
935-NA
U.S. v. Seals, 987 F.2d 1102 (5th Cir.(La.), Mar 24, 1993)
Summary: Batson challenge to exclusion of black jurors, in which
prosecutor explained that he expected jurors to be too lenient given
activities of Bible reading and helping handicapped; no religious liberty
claim
936-NA
Thompson v. Patteson, 985 F.2d 202 (5th Cir.(Tex.), Mar 05, 1993)
Summary: Prisoner complaint about conditions, but emphasized that no
different treatment on religious grounds was alleged
937-NA
Holder v. City of Allentown, 987 F.2d 188, 61 USLW 2550, 8 IER Cases
790 (3rd Cir.(Pa.), Mar 04, 1993)
Summary: Suit by former public employee, but not raising religious
discrimination claim
938-NA
Marshall v. Allen, 984 F.2d 787, 60 Fair Empl.Prac.Cas. (BNA) 1106, 60
Empl. Prac. Dec. P 42,051, 8 IER Cases 338 (7th Cir.(Ill.), Jan 22, 1993)
Summary: Suit by former public employee raising free speech issues; no
religious liberty claims
939-NA
Pembroke v. Wood County, Tex., 981 F.2d 225 (5th Cir.(Tex.), Jan 20,
1993)
Summary: Court held that restricting inmate’s to a single Bible for security
reasons violated First Amendment; however, there is no indication that
prisoner’s were raising a religious claim or wished additional religious
materials as opposed to other reading material
940-NA
Frazier v. Garrison I.S.D., 980 F.2d 1514, 60 Fair Empl.Prac.Cas. (BNA)
1052, 60 Empl. Prac. Dec. P 42,005, 24 Fed.R.Serv.3d 1504, 79 Ed. Law
Rep. 420 (5th Cir.(Tex.), Jan 14, 1993)
Summary: Suit by black teachers who failed competency test; no religious
element
941-NA
Green v. Abrams, 984 F.2d 41 (2nd Cir.(N.Y.), Jan 12, 1993)
Summary: Holding that sufficient evidence supported sentencing judge’s
finding that defendant had willfully refused to pay fine imposed by court;
although probation officer constantly reminded defendant of her duty to pay
fine, defendant said she wanted to pay her appellate attorney first, when
informed of her obligation to seek employment to obtain the necessary
funds, she responded that God was her source and she would survive with
help of her friends; no religious liberty claims
942-NA
Carranza-Hernandez v. I.N.S., 12 F.3d 4 (2nd Cir., Dec 09, 1993)
Summary: Immigration case
943-NA
Kalejs v. I.N.S., 10 F.3d 441 (7th Cir., Nov 17, 1993)
Summary: Immigration case
944-NA
Lopez-Zeron v. U.S. Dept. of Justice, I.N.S., 8 F.3d 636 (8th Cir., Nov 02,
1993)
Summary: Immigration case
945-NA
Buder v. U.S., 7 F.3d 1382, 72 A.F.T.R.2d 93-6758, 93-2 USTC P 60,149
(8th Cir.(Mo.), Oct 29, 1993)
Summary: Estate tax dispute concerning charitable deduction; no religious
liberty claims
946-NA
Ghasemimehr v. I.N.S., 7 F.3d 1389 (8th Cir., Oct 29, 1993)
Summary: Immigration case
947-NA
U.S. v. C.E. Hobbs Foundation for Religious Training and Educ., Inc., 7
F.3d 169, 72 A.F.T.R.2d 93-6311, 93-2 USTC P 50,588 (9th Cir.(Wash.),
Oct 12, 1993)
Summary: IRS subpoenaed church documents in challenge to tax-exempt
status; although church apparently raised First Amendment objection, court
below ruled in favor of church on statutory grounds and court of appeals
reverses on those grounds, leaving the First Amendment claims for
consideration on remand; thus, no ruling on merits of constitutional
religious liberty claims
948-NA
Church of Scientology Flag Service, Org., Inc. v. City of Clearwater, 2 F.3d
1509 (11th Cir.(Fla.), Sep 30, 1993)
Summary: Post-merits attorney’s fee claim
949-NA
El Balguiti v. I.N.S., 5 F.3d 1135 (8th Cir., Sep 27, 1993)
Summary: Post-merits attorney’s fee claim
950-NA
Wells Fargo Bank v. U.S., 1 F.3d 830, 72 A.F.T.R.2d 93-6728, 93-2 USTC
P 60,144 (9th Cir.(Cal.), Jul 27, 1993)
Summary:
issues
Estate tax charitable deduction dispute; no religious liberty
951-NA
Guillen-Garcia v. I.N.S., 999 F.2d 199 (7th Cir., Jul 02, 1993)
Summary: Post-merits attorney’s fee claim
952-NA
Zuniga v. U.S., 996 F.2d 1203, 15 ITRD 1313 (Fed.Cir., Jun 23, 1993)
Summary: Customs duty dispute; no religious element
953-NA
Smith v. Delo, 995 F.2d 827 (8th Cir.(Mo.), Jun 09, 1993)
Summary: Inmate in state correctional system filed suit alleging that
regulation requiring outgoing mail to members of media or clergy to be sent
to prison mailroom unsealed for inspection violated his First Amendment
rights; it is not clear from context that correspondence had religious
meaning or that communications with clergy were religious in nature
954-NA
U.S. v. Rivera, 994 F.2d 942, 62 USLW 2015, 6 Fed.Sent.R. 45 (1st
Cir.(R.I.), Jun 04, 1993)
Summary: Sentencing dispute; no religious element
955-NA
Burke v. U.S., 994 F.2d 1576, 72 A.F.T.R.2d 93-6705, 93-2 USTC P
60,146 (Fed.Cir., Jun 02, 1993)
Summary: Estate tax dispute; no religious liberty claims
956-NA
Friedmann v. Sheldon Community School Dist., 995 F.2d 802, 83 Ed. Law
Rep. 1000 (8th Cir.(Iowa), May 28, 1993)
Summary: Suit challenging benediction at graduation ceremony; held
plaintiff lacked standing; no ruling on merits
957-NA
Sandoval v. Acevedo, 996 F.2d 145 (7th Cir.(Ill.), May 20, 1993)
Summary: Habeas claim; no religious element
958-NA
Malek v. Federal Ins. Co., 994 F.2d 49, 37 Fed. R. Evid. Serv. 103 (2nd
Cir.(N.Y.), Apr 30, 1993)
Summary: Private insurance coverage dispute in which insurer attempted to
impeach insured’s accountant based on religious affiliation; no
governmental party nor governmental act challenged
959-NA
Drevlow v. Lutheran Church, Missouri Synod, 991 F.2d 468 (8th Cir.(Mo.),
Apr 15, 1993)
Summary: Suit for libel and interference with employment expectation by
candidate for minister position against church; court held some claims and
not others were non-justiciable by reason of First Amendment; no
governmental party and no governmental act of legislative-executive nature
challenged
960-NA
Alsheweikh v. I.N.S., 990 F.2d 1025 (8th Cir., Apr 07, 1993)
Summary: Immigration case
961-NA
Estate of Marine v. C.I.R., 990 F.2d 136, 71 A.F.T.R.2d 93-2182, 93-1
USTC P 60,131 (4th Cir., Mar 30, 1993)
Summary: Estate tax dispute; no religious liberty claims
962-NA
Ellis v. City of La Mesa, 990 F.2d 1518, 61 USLW 2582 (9th Cir.(Cal.),
Mar 23, 1993)
Summary: Challenge to constitutionality of displays of Latin crosses in city
and county parks and on the city's official insignia; decided on basis of state
constitution
963-NA
U.S. v. Teicher, 987 F.2d 112, Fed. Sec. L. Rep. P 97,781, 37 Fed. R. Evid.
Serv. 499 (2nd Cir.(N.Y.), Mar 02, 1993)
Summary: Criminal defendants argued they should have been permitted to
impeach government witness’s by showing his religious views were biased
against Jews; defendants were not making a religious liberty claim nor
arguing that government itself acted discriminatorily against defendants;
moreover, decision on scope of impeachment was made by judge not by
executive-legislative departments of government
964-NA
Geisinger Health Plan v. C.I.R., 985 F.2d 1210, 61 USLW 2512, 71
A.F.T.R.2d 93-815, 93-1 USTC P 50,123, 16 Employee Benefits Cas. 1577
(3rd Cir., Feb 08, 1993)
Summary: HMO sought tax-exempt status; no religious element
965-NA
Lee v. State, 869 F.Supp. 1491, 63 USLW 2431, 6 NDLR P 214 (D.Or., Dec
27, 1994)
Summary: Suit challenging Oregon’s assisted suicide statute raised
questions about freedom of religion along with multitude of other matters;
however, court noted serious questions presented but made no ruling on
merits; although preliminary injunction was granted, multitude of other
factors were weighted; very significantly, in later decision, 891 F. Supp.
1421 (D. Ore. 1995), court invalidated statute on those various other
grounds and expressly did not reach the freedom of religion counts, which
undermines treating earlier preliminary injunction grant as even tentative
ruling on freedom of religion matters
966-NA
Campbell-El v. District of Columbia, 874 F.Supp. 403 (D.D.C., Dec 23,
1994)
Summary: Court holds that further discovery is necessary to address
prisoner’s Religious Freedom Restoration Act claim; subsequent published
decision at 881 F. Supp. 42 (D.D.C. 1995) does not address any religious
liberty claims
967-NA
D'Amico for and on Behalf of N.L.R.B. v. U.S. Service Industries, Inc., 867
F.Supp. 1075, 147 L.R.R.M. (BNA) 2796 (D.D.C., Nov 03, 1994)
Summary: Labor relations dispute; no religious element
968-NA
Delcarpio v. St. Tammany Parish School Bd., 865 F.Supp. 350, 95 Ed. Law
Rep. 231 (E.D.La., Oct 03, 1994)
Summary: Although suit involved a constitutional challenge to removal of
books from public school that described voodoo spells, the plaintiffs did not
appear to be objecting on religious grounds so their free speech claim was
not in furtherance of religious speech; while an establishment claim was
raised, the court did not clearly rule on any federal establishment claim but
rather focused on protected speech
969-NA
Western Presbyterian Church v. Board of Zoning Adjustment of District of
Columbia, 862 F.Supp. 538, 63 USLW 2169 (D.D.C., Sep 08, 1994)
Summary: Granting of permanent injunction to church challenging zoning
regulation that prevented feeding homeless; not coding to prevent doublecounting as previous preliminary injunction decision coded (472-FE)
970-NA
Comite Pro-Celebracion v. Claypool, 863 F.Supp. 682 (N.D.Ill., Sep 06,
1994)
Summary: Citizens group sued for refusal to erect statute of Puerto Rican
political leader; no religious element although government used
establishment clause by analogy to argue that it did not want to endorse this
leader’s political views
971-NA
Regents of University of California v. Shalala, 872 F.Supp. 728, 97 Ed. Law
Rep. 229, 46 Soc.Sec.Rep.Ser. 437, Medicare and Medicaid Guide (C
42,928 (C.D.Cal., Sep 06, 1994)
Summary:
University lacked standing to challenge religious order
exception to certain medicare regulations; no ruling on merits
972-NA
United Food & Commercial Workers Union Local 442 v. City of Valdosta,
861 F.Supp. 1570, 147 L.R.R.M. (BNA) 2197 (M.D.Ga., Aug 29, 1994)
Summary: Union challenged constitutionality of regulations on picketing
and parades; no religious element
973-NA
WLR Foods, Inc. v. Tyson Foods, Inc., 861 F.Supp. 1277, Fed. Sec. L. Rep.
P 98,408 (W.D.Va., Aug 09, 1994)
Summary: Hostile takeover dispute; no religious element
974-NA
Bierer v. Brown, 6 Vet.App. 563 (Vet.App., Jul 22, 1994)
Summary: Free exercise claim by veteran who married in religious
ceremony but didn’t obtain civil marriage license; decided by non-Article
III judge of Court of Veterans Appeals
975-NA
Matter of Colleen Russman, by Patricia, Paul Russman v. Board of Educ. of
Enlarged City School Dist. of City of Watervliet, 1994 WL 903488
(N.D.N.Y., Jun 24, 1994)
Summary: Unpublished decision; moreover, decided by non-Article III
magistrate judge
976-NA
Kelly v. Municipal Court of Marion County, 852 F.Supp. 724, 64 Fair
Empl.Prac.Cas. (BNA) 1548 (S.D.Ind., May 10, 1994)
Summary: Close case on whether to include, but since accusation of
violation of free exercise and other rights is directed against a judge, the
decision was excluded to be consistent with rule that only cases involving
executive or legislative departments of government as party or actors are
included
977-NA
Rust v. Clarke, 851 F.Supp. 377 (D.Neb., Apr 22, 1994)
Summary: Although granting qualified immunity on damages claim, the
court held there were fact questions for RFRA claim precluding summary
judgment; so decision is not final ruling on merits
978-NA
Scarpino v. Grosshiem, 852 F.Supp. 798 (S.D.Iowa, Apr 13, 1994)
Summary: On case involving establishment challenge to rehabilitation
program at correctional facility, ruled on standing, qualified immunity to
officials individually, and class certification; no final ruling on merits
979-NA
Doe v. County of Montgomery, Ill., 848 F.Supp. 832 (C.D.Ill., Apr 07,
1994)
Summary: Ruling that plaintiffs lacked standing to challenge religious sign
over courthouse entrance; no ruling on merits
980-NA
Herring v. Chicago Housing Authority, 850 F.Supp. 694 (N.D.Ill., Apr 07,
1994)
Summary: Challenge to lock-down and restriction on visitors to public
housing; no religious element
981-NA
Goluba v. School Dist. of Ripon, 874 F.Supp. 242 (E.D.Wis., Mar 15, 1994)
Summary: Interpretation of scope of prior injunction against religious
prayer at commencement and motion for civil contempt; not a ruling directly
on religious liberty claim
982-NA
Wollman v. Poinsett Hutterian Brethren, Inc., 844 F.Supp. 539 (D.S.D., Feb
25, 1994)
Summary: Dispute between former employees of communal religious
colonies against colony concerning ERISA benefits; ERISA statutory
analysis and holding of non-justiciability on property dispute; no
governmental party nor governmental act challenged
983-NA
Allah v. Menei, 844 F.Supp. 1056 (E.D.Pa., Feb 23, 1994)
Summary: Although court says some things very favorable to plaintiff
inmates, the court finds factual issues precluding summary judgment in
favor of defendant and thus does not reach final decision on merits
983-NA
Trinity Resources, Inc. v. Township of Delanco, 842 F.Supp. 782 (D.N.J.,
Feb 10, 1994)
Summary: Holding that zoning challenge by church was not yet ripe; no
decision on merits
984-NA
Hampel v. City and County of Denver, 886 F.Supp. 760 (D.Colo., Dec 27,
1994)
Summary: Post-merits attorney’s fees ruling
985-NA
Waterhouse v. U.S., 874 F.Supp. 5 (D.D.C., Dec 22, 1994)
Summary: Contract debarment case, in which contracting officer apparently
received goods from supplier (i.e., bribe), including gift to officer’s church;
no religious liberty issues
986-NA
Splunge v. Shoney's, Inc., 874 F.Supp. 1258 (M.D.Ala., Dec 22, 1994)
Summary: Sexual harassment suit against private employer; no religious
element and no governmental party nor governmental act challenged
987-NA
Abdul-Matiyn v. New York State Dept. of Correctional Services, 871
F.Supp. 1542 (N.D.N.Y., Dec 15, 1994)
Summary: Close question on whether to include, but given that court
granted summary judgment on religious diet allegation only after prisoner
refused to respond to discovery seeking details on allegation, the decision
does not appear to be a resolution on the merits
988-NA
Barnett v. U.S., 870 F.Supp. 1197 (S.D.N.Y., Dec 12, 1994)
Summary: Yet another selective prosecution case; no religious element
989-NA
Linville v. State of Hawai"i, 874 F.Supp. 1095, 66 Fair Empl.Prac.Cas.
(BNA) 1716 (D.Hawai'i, Dec 02, 1994)
Summary: Employment discrimination claim by state employee, but not
alleging religious discrimination
990-NA
Walk v. Rubbermaid Inc., 913 F.Supp. 1023, 69 Fair Empl.Prac.Cas. (BNA)
1577, 68 Empl. Prac. Dec. P 44,017 (N.D.Ohio, Nov 15, 1994)
Summary: Sex discrimination claim against private employer; no religious
element and no governmental party nor governmental act challenged
991-NA
Vuong v. Collins, 867 F.Supp. 1268 (E.D.Tex., Nov 08, 1994)
Summary: Death penalty appeal, issue involving challenge to potential
juror by trial court that based on religious views he could not serve on death
penalty jury; no religious liberty claims
992-NA
Sharon v. Yellow Freight System, Inc., 872 F.Supp. 839, 75 Fair
Empl.Prac.Cas. (BNA) 545 (D.Kan., Nov 07, 1994)
Summary: Religious discrimination claim against private employer; no
governmental party nor governmental act challenged
993-NA
Thomason v. Prudential Ins. Co. of America, 866 F.Supp. 1329, 74 Fair
Empl.Prac.Cas. (BNA) 1841 (D.Kan., Oct 28, 1994)
Summary: Religious and sex discrimination claim against private employer;
no governmental party nor governmental act challenged
994-NA
Klein v. Derwinski, 869 F.Supp. 4, 69 Fair Empl.Prac.Cas. (BNA) 885
(D.D.C., Oct 28, 1994)
Summary: Religious discrimination suit brought by former federal
employee; although part of claim (based on discharge) was dismissed on
summary judgment, a hostile environment claim based on religion remains
and thus there is no final judgment on the merits
996-NA
Kellam v. Snelling Personnel Services, 866 F.Supp. 812, 68 Fair
Empl.Prac.Cas. (BNA) 195 (D.Del., Oct 17, 1994)
Summary: Sex discrimination claim against private employer; no religious
element and no governmental party nor governmental act challenged
997-NA
Webb v. Derwinski, 868 F.Supp. 1184, 69 Fair Empl.Prac.Cas. (BNA) 419
(E.D.Mo., Oct 15, 1994)
Summary: Age and race discrimination claim by federal employee; no
religious element
998-NA
Church of Iron Oak, Inc. ATC v. City of Palm Bay, Fla., 868 F.Supp. 1361
(M.D.Fla., Oct 11, 1994)
Summary: Applying doctrine of abstention to avoid ruling on merits of
church’s claims regarding worship services in area not zoned for churches
999-NA
Mulgrew v. Sears Roebuck & Co., 868 F.Supp. 98, 129 Lab.Cas. P 57,776
(E.D.Pa., Oct 05, 1994)
Summary: Employment discrimination claim against private employer; no
religious element and no governmental party nor governmental act
challenged
1000-NA
Wainwright v. Norris, 872 F.Supp. 574 (E.D.Ark., Sep 29, 1994)
Summary: Reversing death penalty conviction and holding that defendant’s
testimony at penalty phase that he was a Baptist and a Christian in no way
opened issue of gang membership despite his possession of an Islamic text
with the legend similar to a gang name on the cover; not a religious liberty
claim
1001-NA
Galvin v. Catholic Bishop of Chicago, 863 F.Supp. 770, 66 Fair
Empl.Prac.Cas. (BNA) 410 (N.D.Ill., Sep 20, 1994)
Summary:
Gender and race discrimination suit against religious
organization, but no religious liberty defense claims made
1002-NA
Matter of Requested Extradition of Smyth, 863 F.Supp. 1137 (N.D.Cal., Sep
15, 1994)
Summary: Extradition case, falling into immigration category
1003-NA
Hunter v. Citibank, N.A., 862 F.Supp. 902 (E.D.N.Y., Sep 15, 1994)
Summary: Employment discrimination claim against private employer; no
religious element (although attempt to interject at end, notwithstanding
absence from pleadings) and no governmental party nor governmental act
challenged
1004-NA
Cohen v. Austin, 861 F.Supp. 340 (E.D.Pa., Aug 25, 1994)
Summary: Religious discrimination claim by federal employee; holding that
fact issues precluded summary judgment; no ruling on merits
1005-NA
U.S. ex rel. Collins v. Welborn, 868 F.Supp. 950 (N.D.Ill., Aug 24, 1994)
Summary: Dispute about comments during arguments before jury in death
penalty case in which defense counsel referred to Bible; no religious liberty
issues
1006-NA
Wechsler v. R D Management Corp., 861 F.Supp. 1153, 73 Fair
Empl.Prac.Cas. (BNA) 195 (E.D.N.Y., Aug 23, 1994)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental action challenged
1007-NA
Kalasho v. Kapture, 868 F.Supp. 882 (E.D.Mich., Aug 15, 1994)
Summary: Prisoner free speech claim about access to a catalog; no religious
element
1008-NA
Princess House, Inc. v. Lindsey, 918 F.Supp. 1356 (W.D.Mo., Aug 10,
1994)
Summary: Commercial dispute; no religious element
1009-NA
California Democratic Party v. Lungren, 860 F.Supp. 718 (N.D.Cal., Aug
05, 1994)
Summary:
Free speech challenge to statute prohibiting partisan
endorsements in non-partisan elections; no religious element
1010-NA
Vitug v. Multistate Tax Com'n, 860 F.Supp. 546, 71 Fair Empl.Prac.Cas.
(BNA) 1431 (N.D.Ill., Jul 27, 1994)
Summary: In employment discrimination suit against apparently-public
entity, plaintiff tried to add religious discrimination claim but it was held
untimely; thus no ruling on merits
1011-NA
Williams v. Huron Valley School Dist., 858 F.Supp. 97, 93 Ed. Law Rep.
1176 (E.D.Mich., Jul 19, 1994)
Summary: In employment discrimination suit by public employee, issue
was whether case should be remanded to state court, not on merits
1012-NA
Drescher v. Union Underwear Co., Inc., 858 F.Supp. 653, 18 Employee
Benefits Cas. 1794, Pens. Plan Guide (CCH) P 23,900 (W.D.Ky., Jul 19,
1994)
Summary: ERISA matter; no religious element
1013-NA
Aldrich v. Knab, 858 F.Supp. 1480, 76 Rad. Reg. 2d (P & F) 1161, 94 Ed.
Law Rep. 139 (W.D.Wash., Jul 19, 1994)
Summary: Free speech dispute involving those terminated by university
radio station; no religious element
1014-NA
Black v. City of Auburn, Ala., 857 F.Supp. 1540 (M.D.Ala., Jul 14, 1994)
Summary:
Employment discrimination/discipline claim by public
employee; no religious element
1015-NA
Ajaz v. Continental Airlines, 156 F.R.D. 145 (S.D.Tex., Jul 05, 1994)
Summary: Religious discrimination claim against private employer; no
governmental party nor governmental action challenged
1016-NA
Beck v. Atlantic Contracting Co., Inc., 157 F.R.D. 61 (D.Kan., Jun 30,
1994)
Summary: Wrongful discharge claim against private employer; no religious
element and no governmental party nor governmental action challenged
1017-NA
Lucas v. Curran, 856 F.Supp. 260 (D.Md., Jun 28, 1994)
Summary: Constitutional challenge to statute regulating house-to-house
solicitation made by party wishing to be solicited in home; no religious
liberty issues
1018-NA
Pratt v. Rowland, 856 F.Supp. 565 (N.D.Cal., Jun 27, 1994)
Summary: Prisoner complaints, but not involving religious claims
1019-NA
U.S. v. Goldberg, 855 F.Supp. 725 (M.D.Pa., Jun 21, 1994)
Summary: Yet another selective prosecution case; no religious element
1020-NA
Waldrop v. Thigpen, 857 F.Supp. 872 (N.D.Ala., Jun 09, 1994)
Summary: In death penalty case, court held that prosecutor’s comment in
closing argument that defendant had violated most sacred laws of God and
man was not so imbued with religious overtones as to be inappropriate; no
religious liberty claim made in response
1021-NA
Wilson v. US West Communications, Inc., 860 F.Supp. 665, 63 USLW
2063, 65 Fair Empl.Prac.Cas. (BNA) 200, 65 Empl. Prac. Dec. P 43,197
(D.Neb., Jun 06, 1994)
Summary: Religious discrimination claim against private employer; no
governmental party nor governmental action challenged
1022-NA
Davis v. Singletary, 853 F.Supp. 1492 (M.D.Fla., May 25, 1994)
Summary: Death penalty case appeal; no religious liberty claims
1023-NA
Bodiford v. State of Ala., 854 F.Supp. 886, 65 Fair Empl.Prac.Cas. (BNA)
1335, 3 A.D. Cases 1071, 6 A.D.D. 1242, 5 NDLR P 302 (M.D.Ala., May
17, 1994)
Summary: Religious discrimination suit against public employer; holding
that fact issues remained precluding summary judgment; no final ruling on
merits of claim
1024-NA
U.S. v. Bradley, 880 F.Supp. 271 (M.D.Pa., May 03, 1994)U.S. v. Bradley,
880 F.Supp. 271 (M.D.Pa., May 03, 1994)
Summary: Yet another selective prosecution case; no religious element
1025-NA
Diamond v. T. Rowe Price Associates, Inc., 852 F.Supp. 372, 64 Fair
Empl.Prac.Cas. (BNA) 1574, 128 Lab.Cas. P 33,118, 2 Wage & Hour
Cas.2d (BNA) 65 (D.Md., Apr 28, 1994)
Summary: Religious discrimination claim against private employer; no
governmental party nor governmental action challenged
1026-NA
Knepp v. Lane, 848 F.Supp. 1217, Blue Sky L. Rep. P 74,092 (E.D.Pa., Apr
19, 1994)
Summary: Investigation of licensed securities agent for selling unregistered
securities; no religious element
1027-NA
Powell v. Bob Downes Chrysler-Plymouth, Inc., 865 F.Supp. 1340, 66 Fair
Empl.Prac.Cas. (BNA) 1304 (E.D.Mo., Apr 15, 1994)
Summary: Religious discrimination claim against private employer; no
governmental party nor governmental action challenged
1028-NA
Victor Oolitic Stone Co., Inc. v. CSX Transp., Inc., 852 F.Supp. 721
(S.D.Ind., Apr 07, 1994)
Summary: Quiet title matter; no religious element and no governmental
party nor governmental action challenged
1029-NA
Eidson v. Arenas, 155 F.R.D. 215 (M.D.Fla., Mar 25, 1994)
Summary: Religious discrimination claim by tenant against private landlord;
no ruling on merits and no governmental party nor governmental act
challenged
1030-NA
Houston v. Mile High Adventist Academy, 846 F.Supp. 1449, 90 Ed. Law
Rep. 183 (D.Colo., Mar 22, 1994)
Summary: Suit by parents of child in parochial school for tort claims and
inadequacy of religious education; justiciability problems in part; no
governmental party nor governmental act challenged
1031-NA
Feldstein v. New York State Office of Mental Health, Bronx Psychiatric
Center, 846 F.Supp. 1089 (E.D.N.Y., Mar 16, 1994)
Summary: Religious discrimination claim by public employee, but decided
on preclusion grounds; no ruling on merits
1032-NA
Daniels v. Allied Elec. Contractors Inc., 847 F.Supp. 514, 3 A.D. Cases 441,
4 A.D.D. 1028, 5 NDLR P 54 (E.D.Tex., Mar 11, 1994)
Summary: Employment dispute involving private employer; no religious
element and no governmental party nor governmental action challenged
1033-NA
Quarles v. Remington Arms, Co., 848 F.Supp. 328 (D.Conn., Mar 11, 1994)
Summary: Employment dispute involving private employer and labor union;
no religious element and no governmental party nor governmental action
challenged
1034-NA
Turic v. Holland Hospitality, Inc., 849 F.Supp. 544, 64 Fair Empl.Prac.Cas.
(BNA) 786, 64 Empl. Prac. Dec. P 43,112 (W.D.Mich., Mar 08, 1994)
Summary: Religious discrimination claim against private employer; no
governmental party nor governmental action challenged; see also 1046-NA
1035-NA
Steverson v. City of Vicksburg, Miss., 900 F.Supp. 1 (S.D.Miss., Mar 07,
1994)
Summary: Free speech dispute involving zoning of adult business, no
religious element (even though ordinance did prohibit location within
location of certain facilities, including churches)
1036-NA
Cohen v. Oasin, 844 F.Supp. 1065 (E.D.Pa., Mar 04, 1994)
Summary: Although religious discrimination alleged by federal employee
lies in background, issue in ruling was motion to disqualify counsel for
former federal official
1037-NA
Central Ave. Enterprises, Inc. v. City of Las Cruces, 845 F.Supp. 1499
(D.N.M., Feb 28, 1994)
Summary: Free speech claim involving regulation of adult businesses; no
religious element
1038-NA
Stronko v. Bergin, 843 F.Supp. 827 (N.D.N.Y., Feb 25, 1994)
Summary: Evicted tenants sued judge claiming religious discrimination in
court proceedings; no claim against legislative or executive departments of
government; decided on mootness grounds rather than merits
1039-NA
Wilder v. Bernstein, 153 F.R.D. 524 (S.D.N.Y., Feb 23, 1994)
Summary: Dispute regarding application of consent decree following
settlement of dispute involving religious discrimination in foster care; no
new ruling on merits on issues but rather interpretation of decree
1040-NA
Ulrich v. City of Crosby, 848 F.Supp. 861 (D.Minn., Feb 18, 1994)
Summary: Religious discrimination suit by public employee, but decided
by non-Article III magistrate judge
1041-NA
Bolivar v. Director of FBI, 846 F.Supp. 163 (D.Puerto Rico, Feb 14, 1994)
Summary: Personnel dispute involving public employees, but no religious
element
1042-NA
U.S. v. Clary, 846 F.Supp. 768, 62 USLW 2563 (E.D.Mo., Feb 11, 1994)
Summary: Sentencing case involving allegation of racial disparity; no
religious element
1043-NA
Rosa v. National Westminster Bank, 842 F.Supp. 679 (E.D.N.Y., Feb 02,
1994)
Summary: Race discrimination claim against private employer; no religious
element and no governmental party nor governmental action challenged
1044-NA
Oxford House-C v. City of St. Louis, 843 F.Supp. 1556, 4 A.D.D. 1179, 4
NDLR P 387 (E.D.Mo., Jan 28, 1994)
Summary: Challenges to zoning regulations which prevent opening homes
to treat recovering substance abusers, in which it is noted that rules
apparently were not applied to religious orders; but no religious liberty
claims
1045-NA
SDDS, Inc. v. State of S.D., 843 F.Supp. 546, 24 Envtl. L. Rep. 21,318
(D.S.D., Jan 28, 1994)
Summary: Dispute involving construction of waste disposal facility; no
religious element
1046-NA
Turic v. Holland Hospitality, Inc., 842 F.Supp. 971, 62 USLW 2514, 62
USLW 2531, 63 Fair Empl.Prac.Cas. (BNA) 1267 (W.D.Mich., Jan 27,
1994)
Summary: Religious discrimination claim against private employer; no
governmental party nor governmental action challenged; see also 1034-NA
1047-NA
Klein v. Boeing Co., 847 F.Supp. 838, 149 L.R.R.M. (BNA) 2610, 3 A.D.
Cases 158, 5 A.D.D. 381, 5 NDLR P 30 (W.D.Wash., Jan 27, 1994)
Summary: Handicap discrimination claim against private employer; no
religious element and no governmental party nor governmental action
challenged
1048-NA
Sirota v. Welbilt Appliance, Inc., 840 F.Supp. 11, 69 Fair Empl.Prac.Cas.
(BNA) 335 (E.D.N.Y., Jan 07, 1994)
Summary: Age discrimination claim against private employer; no religious
element and no governmental party nor governmental action challenged
1049-NA
Poindexter v. Armstrong, 934 F.Supp. 1052 (W.D.Ark., Dec 19, 1994)
Summary: Private tort suit against Bible study leader; no governmental
party nor governmental act challenged
1050-NA
Dong v. Slattery, 870 F.Supp. 53, 63 USLW 2370 (S.D.N.Y., Nov 23, 1994)
Summary: Immigration case
1051-NA
Gao v. Waters, 869 F.Supp. 1474, 63 USLW 2337 (N.D.Cal., Nov 14, 1994)
Summary: Immigration case
1052-NA
Lan v. Waters, 869 F.Supp. 1483 (N.D.Cal., Nov 14, 1994)
Summary: Immigration case
1053-NA
Chen v. Carroll, 866 F.Supp. 283 (E.D.Va., Nov 01, 1994)
Summary: Immigration case
1054-NA
U.S. v. Mohanlal, 867 F.Supp. 199 (S.D.N.Y., Oct 27, 1994)
Summary: Holding that testimony by clergyman as to whether defendant
knew difference between right and wrong did not intrude on
communications protected by clergy-communicant privilege; does not
directly raise any religious liberty issues
1055-NA
Strang v. Satz, 866 F.Supp. 542 (S.D.Fla., Oct 03, 1994)
Summary: First amendment challenge to state criminal statute prohibiting
any person from claiming academic degree unless that degree had been
awarded from accredited institution; no religious element
1056-NA
Aviall of Texas, Inc. v. U.S., 18 C.I.T. 727, 861 F.Supp. 100, 16 ITRD 2014
(CIT, Aug 05, 1994)
Summary: Imports duty dispute; no religious element
1057-NA
Green v. Shalala, 880 F.Supp. 574, 47 Soc.Sec.Rep.Ser.
Unempl.Ins.Rep. (CCH) P 14320B (C.D.Ill., Jul 06, 1994)
454,
Summary: Social security child’s benefit case, in which presumption of
father’s death after seven years disappearance was rebutted by father’s
previous disappearances and mentioned that his religious background
contradicted likelihood of suicide; no religious liberty issues
1058-NA
Scholes v. African Enterprise, Inc., 854 F.Supp. 1315 (N.D.Ill., Jun 21,
1994)
Summary: Receiver of debtor and investment entities brought action to set
aside allegedly fraudulent transfers to charities and religious organizations;
no religious liberty issues
1059-NA
Yaggie v. Indiana-Kentucky Synod Evangelical Lutheran Church in
America, 860 F.Supp. 1194 (W.D.Ky., Jun 10, 1994)
Summary: Lutheran minister sued synod for defamation; court held claim
nonjusticiable
1060-NA
Yang v. Carroll, 852 F.Supp. 460 (E.D.Va., May 17, 1994)
Summary: Immigration case
1061-NA
U.S. v. Kokoski, 865 F.Supp. 325(S.D.W.Va., May 06, 1994)
Summary: In ruling on competency of criminal defendant to stand trial,
court found that defendant’s behavior which was manifested through
presentation of idiosyncratic religious beliefs was scheme devised by
defendant to avoid trial; no religious liberty issues
1062-NA
U.S. v. Mebust, 857 F.Supp. 609 (N.D.Ill., Mar 28, 1994)
Summary: In criminal case, defendant was precluded from telling jury that
federal agency involved was same that had assaulted a religious compound
in another matter as it was irrelevant; no religious liberty issues
1063-NA
Harris v. Beedle, 845 F.Supp. 1030, 9 IER Cases 482 (S.D.N.Y., Mar 10,
1994)
Summary: Public employee was fired for statements and actions taken that
denigrated values program, but values program was ideological not
religious and employee’s objection was not religion-based; no religious
liberty issues
1064-NA
U.S. v. Weingold, 844 F.Supp. 1560 (D.N.J., Mar 04, 1994)
Summary: Government sought to enjoin fraudulent mail order scheme,
which included selling religious items that promised to help win state
lottery; no religious liberty issues
1065-NA
Sullivan v. Cheshier, 846 F.Supp. 654 (N.D.Ill., Feb 28, 1994)
Summary: Tort suit against private psychologist; no religious element and
no governmental party nor governmental act challenged
1066-NA
Barrett v. U.S., 845 F.Supp. 774 (D.Kan., Feb 01, 1994)
Summary: Federal Tort Claims Act suit against government by family for
prisoner stabbed to death who had been threatened by religious group; no
religious liberty issues
1067-NA
U.S. v. Macchia, 844 F.Supp. 920 (E.D.N.Y., Jan 26, 1994)
Summary: Challenge to selection of grand jury; no religious liberty issues
1068-NA
Guo Chun Di v. Carroll, 842 F.Supp. 858, 62 USLW 2453 (E.D.Va., Jan 14,
1994)
Summary: Immigration case
1069-NA
U.S. v. Barlow, 41 F.3d 935 (5th Cir.(Tex.), Dec 20, 1994)
Summary: Criminal case involving defendants who killed individuals who
chose to leave church; no religious liberty claims involved
1070-NA
Doe v. County of Montgomery, Ill., 41 F.3d 1156, 63 USLW 2397 (7th
Cir.(Ill.), Dec 05, 1994)
Summary: Ruling that some plaintiffs had standing to challenge religious
sign over courthouse entrance and then remanded; no ruling on merits
1071-NA
N.L.R.B. v. Q-1 Motor Exp., Inc., 25 F.3d 473, 146 L.R.R.M. (BNA) 2459,
128 Lab.Cas. P 11,108 (7th Cir., May 25, 1994)
Summary: Labor relations dispute; no religious element
1072-NA
Young v. Northern Illinois Conference of United Methodist Church, 21 F.3d
184, 64 Fair Empl.Prac.Cas. (BNA) 633, 64 Empl. Prac. Dec. P 42,953 (7th
Cir.(Ill.), Apr 07, 1994)
Summary: Holding that court lacked jurisdiction over Title VII claim by
discharged elder against church; affirmance was based on judicial
justiciability, not by application of First Amendment challenge to Title VII’s
scope
1073-NA
Gold Coast Publications, Inc. v. Corrigan, 42 F.3d 1336, 23 Media L. Rep.
1353 (11th Cir.(Fla.), Dec 30, 1994)
Summary: Newspaper publisher challenging city ordinance requiring
newsrack owners to provide certificate of insurance failed to make adequate
showing of disparate treatment, despite claim that city discriminated against
newspapers by exempting religious and charitable organizations from
licensing provisions; no religious liberty claim
1074-NA
Cummins v. Campbell, 44 F.3d 847, 97 Ed. Law Rep. 60 (10th Cir.(Okla.),
Dec 28, 1994)
Summary: Student association sought declaratory and injunctive relief
against state university after university suspended showing of controversial
film; at first glance, was close case on whether to include because the film
was controversial with certain religious groups and university’s reason to
temporarily suspend was to prevent endorsing religion; but students wishing
to view film did not suggest religious motive or religious affiliation and no
religious-based claims, speech or free exercise, are expressly asserted
1075-NA
U.S. v. Bastanipour, 41 F.3d 1178, 41 Fed. R. Evid. Serv. 697 (7th Cir.(Ill.),
Dec 06, 1994)
Summary: Rejecting drug criminal defendant’s coercion defense that heroin
sale was only means by which defendant could generate money to defend
deportation to Iran where he allegedly faced execution for converting to
Christianity; no religious liberty claim
1076-NA
Steffan v. Perry, 41 F.3d 677, 63 USLW 2337, 69 Fair Empl.Prac.Cas.
(BNA) 245, 309 U.S.App.D.C. 281, 96 Ed. Law Rep. 32 (D.C.Cir., Nov 22,
1994)
Summary: Suit by homosexual military academy student challenging bar on
homosexuals in military; no religious liberty claim
1077-NA
LaTrieste Restaurant and Cabaret Inc. v. Village of Port Chester, 40 F.3d
587 (2nd Cir.(N.Y.), Nov 21, 1994)
Summary: Complaint by restaurant about local regulations; no religious
liberty claim
1078-NA
Presbytery of New Jersey of Orthodox Presbyterian Church v. Florio, 40
F.3d 1454 (3rd Cir.(N.J.), Nov 16, 1994)
Summary: In suit by church and pastor claiming that addition of affectional
or sexual orientation to personal traits protected against discrimination,
violated their First Amendment right to freedom of speech, court addressed
ripeness of claims; no ruling on merits
1079-NA
LeRoy v. Illinois Racing Bd., 39 F.3d 711 (7th Cir.(Ill.), Oct 27, 1994)
Summary: Challenge by trainner and owner of horses against disciplinary
by racing board; no religious liberty issues
1080-NA
Silbergleit v. First Interstate Bank of Fargo, N.A., 37 F.3d 394, 63 USLW
2220, 65 Fair Empl.Prac.Cas. (BNA) 1718, 65 Empl. Prac. Dec. P 43,359
(8th Cir.(N.D.), Oct 05, 1994)
Summary: Plaintiff in age discrimination suit was entitled to new trial based
on opposing counsel’s comments and questions which suggested to or
informed jury that plaintiff was a millionaire, received unemployment
benefits, and was Jewish; no governmental party nor governmental act
challenged
1081-NA
U.S. v. Garcia, 37 F.3d 1359 (9th Cir.(Cal.), Oct 04, 1994)
Summary: Criminal appeal; no religious element
1082-NA
Hogar Agua y Vida en el Desierto, Inc. v. Suarez-Medina, 36 F.3d 177, 6
A.D.D. 857 (1st Cir.(Puerto Rico), Sep 28, 1994)
Summary: Fair housing claim by nonprofit organization which operated
group homes for persons infected with Human Immunodeficiency Virus
(HIV) brought action against private owner of property; no religious
element and no governmental party nor governmental act challenged
1083-NA
Tichenor v. Roman Catholic Church of Archdiocese of New Orleans, 32
F.3d 953 (5th Cir.(La.), Sep 26, 1994)
Summary: Plaintiff brought action against parish, archdiocese and former
priest alleging that, while plaintiff was minor, priest performed illicit acts
upon plaintiff, and alleging defamation and invasion of privacy; no
constitutional religious liberty issues raised; no governmental party nor
governmental act challenged
1084-NA
Hartland Sportsman's Club, Inc. v. Town of Delafield, 35 F.3d 1198 (7th
Cir.(Wis.), Sep 21, 1994)
Summary: Sporting club sued town under § 1983, claiming that town’s
restrictions on operation of shooting range facility violated due process; no
religious liberty claims
1085-NA
U.S. v. Sowa, 34 F.3d 447, 41 Fed. R. Evid. Serv. 27 (7th Cir.(Ill.), Aug 30,
1994)
Summary: In conviction for assault, testimony that child asked to pray for
defendant was admitted as excited utterance to identify defendant; no
religious liberty claims
1086-NA
Comer v. Cisneros, 37 F.3d 775, 30 Fed.R.Serv.3d 362 (2nd Cir.(N.Y.), Aug
26, 1994)
Summary: Low-income minority residents brought class action on behalf of
former, current, and future minority residents of city public housing projects
and applicants for federal housing assistance in suburbs; no religious
element
1087-NA
Balazs v. Liebenthal, 32 F.3d 151, 65 Fair Empl.Prac.Cas. (BNA) 993, 65
Empl. Prac. Dec. P 43,253 (4th Cir.(Va.), Aug 19, 1994)
Summary: Employment discrimination suit against private employer; no
religious element and no governmental party nor governmental act
challenged
1088-NA
Vore v. Indiana Bell Telephone Co., Inc., 32 F.3d 1161, 63 USLW 2163, 65
Fair Empl.Prac.Cas. (BNA) 897, 65 Empl. Prac. Dec. P 43,237 (7th
Cir.(Ind.), Aug 18, 1994)
Summary: Racial discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
1089-NA
U.S. v. Byse, 28 F.3d 1165 (11th Cir.(Ga.), Aug 17, 1994)
Summary: Holding that striking black jurors, one of whom could not take
an oath because of religious beliefs, did not establish racially discriminatory
motive needed to prevail on Batson challenge; no religious liberty claims
1090-NA
Peightal v. Metropolitan Dade County, 26 F.3d 1545, 71 Fair
Empl.Prac.Cas. (BNA) 1107 (11th Cir.(Fla.), Jul 29, 1994)
Summary: In suit against county affirmative action plan, fact that county’s
preferential hiring plan for fire department did not include Brazilians of
Portuguese origin, Greeks, Jews, Italians, or Iranians did not render it
underinclusive in the absence of evidence of past discrimination against
those groups; no religious liberty claims
1091-NA
U.S. v. Thai, 29 F.3d 785, 40 Fed. R. Evid. Serv. 1387 (2nd Cir.(N.Y.), Jul
11, 1994)
Summary:
element
Criminal case involving street gang activities; no religious
1092-NA
Simons v. Southwest Petro-Chem, Inc., a Div. of Witco Chemical Corp., 28
F.3d 1029, 65 Fair Empl.Prac.Cas. (BNA) 485, 65 Empl. Prac. Dec. P
43,255 (10th Cir.(Kan.), Jun 30, 1994)
Summary: Racial discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
1093-NA
Hajiani-Niroumand v. I.N.S., 26 F.3d 832 (8th Cir., Jun 09, 1994)
Summary: Immigration case
1094-NA
Lee v. ABF Freight System, Inc., 22 F.3d 1019, 64 Fair Empl.Prac.Cas.
(BNA) 896 (10th Cir.(N.M.), Apr 26, 1994)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
1095-NA
Cathedral of Joy Baptist Church v. Village of Hazel Crest, 22 F.3d 713 (7th
Cir.(Ill.), Apr 22, 1994)
Summary: Suit by church claiming discriminatory zoning rules; decided on
statute of limitations grounds; no ruling on merits
1096-NA
Hartooni v. I.N.S., 21 F.3d 336 (9th Cir., Apr 07, 1994)
Summary: Immigration case
1097-NA
Ambassador Books & Video, Inc. v. City of Little Rock, Ark., 20 F.3d 858
(8th Cir.(Ark.), Apr 01, 1994)
Summary: Free speech dispute involving zoning of adult business, no
religious element (even though ordinance did prohibit location within
location of certain facilities, including churches) limiting areas of city in
which sexually oriented businesses could operate.
1098-NA
Battle v. Delo, 19 F.3d 1547 (8th Cir.(Mo.), Mar 28, 1994)
Summary: Holding that, although discharging potential juror for his
religious or moral beliefs violates defendant’s constitutional rights, court
may discharge prospective jurors when they make it clear they would
automatically vote against imposition of sentence of death without regard to
evidence that might be presented at trial; no claim by defendant that this
violates his religious liberty rights
1099-NA
Cinel v. Connick, 15 F.3d 1338, 22 Media L. Rep. 1945 (5th Cir.(La.), Mar
11, 1994)
Summary: Former clergyman brought civil rights action and various state
law claims for damages against various members of district attorney staff
arising from the public release of his homemade sexually oriented video; no
religious liberty claims
1100-NA
Cinel v. Connick, 15 F.3d 1338, 22 Media L. Rep. 1945 (5th Cir.(La.), Mar
11, 1994)
Summary: Capital sentence appeal in which ineffective assistance of
counsel claim focused upon religious conversion arguments during
sentencing phase; no religious liberty claims
1101-NA
U.S. v. Gifford, 17 F.3d 462 (1st Cir.(Mass.), Feb 24, 1994)
Summary: Criminal case; no religious liberty claims
1102-NA
U.S. v. Parham, 16 F.3d 844 (8th Cir.(Ark.), Feb 14, 1994)
Summary: Yet another selective prosecution claim; no suggestion based on
religion
1103-NA
Cooper v. Oak Rubber Co., 15 F.3d 1375, 62 USLW 2579, 64 Fair
Empl.Prac.Cas. (BNA) 48, 63 Empl. Prac. Dec. P 42,841, 1994 Fed.App.
0044P (6th Cir.(Ohio), Feb 09, 1994)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
1104-NA
Hamilton v. Vasquez, 17 F.3d 1149 (9th Cir.(Cal.), Feb 03, 1994)
Summary: Criminal case/death sentence; no religious element
1105-NA
Hamilton v. Vasquez, 17 F.3d 1149 (9th Cir.(Cal.), Feb 03, 1994)
Summary: Holding that defendant in prosecution for conspiracy to defraud
federally insured financial institution was not prejudiced by testimony from
another member of alleged conspiracy, that defendant was willing to leave
sums of money in escrow with defendant who acted as escrow agent
because both were Jewish; this was only reference to religion of parties,
judge’s offer to make curative instruction was rejected, and jury acquitted
defendants on some transactions involving depositor and escrow agent
defendants; case doesn’t involve claim of prejudice or discrimination by
government and indeed government did not specifically elicit reference to
religion; no religious liberty or true religious discrimination claim against
government involved
1106-NA
Snell v. Lockhart, 14 F.3d 1289 (8th Cir.(Ark.), Jan 28, 1994)
Summary: Criminal case/death sentence; no religious element
1107-NA
U.S. v. Davis, 15 F.3d 526, 40 Fed. R. Evid. Serv. 209, 1994 Fed.App.
0010P (6th Cir.(Tenn.), Jan 20, 1994)
Summary: Yet another selective prosecution claim; no suggestion based on
religion
1108-NA
Pignato v. American Trans Air, Inc., 14 F.3d 342, 145 L.R.R.M. (BNA)
2269, 127 Lab.Cas. P 11,005 (7th Cir.(Ill.), Jan 19, 1994)
Summary: Military reserve status discrimination suit against private
employer; no religious element and no governmental party nor
governmental act challenged
1109-NA
Cady v. City of Chicago, 43 F.3d 326 (7th Cir.(Ill.), Dec 28, 1994)
Summary: Post-merits attorney’s fees dispute
1110-NA
Dausch v. Rykse, 52 F.3d 1425 (7th Cir.(Ill.), Dec 16, 1994)
Summary: Church member brought action against church and pastor
alleging that pastor had engaged in improper counseling conduct; no
constitutional objections addressed; no governmental party nor
governmental act challenged
1111-NA
Cordero-Trejo v. I.N.S., 40 F.3d 482 (1st Cir., Nov 23, 1994)
Summary: Immigration case
1112-NA
U.S. v. Breyer, 41 F.3d 884 (3rd Cir.(Pa.), Nov 14, 1994)
Summary: Denaturalization action against citizen who entered United
States after serving as armed guard in Nazi concentration camps; treated as
immigration case and excluded; no religious liberty claims anyway
1113-NA
Demirovski v. I.N.S., 39 F.3d 177 (7th Cir., Nov 08, 1994)
Summary: Immigration case
1114-NA
Faddoul v. I.N.S., 37 F.3d 185 (5th Cir., Oct 25, 1994)
Summary: Immigration case
1115-NA
U.S. v. Juvenile No. 1 (LWQ), 38 F.3d 470 (9th Cir.(Or.), Oct 20, 1994)
Summary: Indians protested condition of probation prohibiting them from
possessing firearms unnecessarily restricts the free exercise of their religion;
condition of probation was imposed by judge, and thus no action of
legislative-executive departments of government are at issue
1116-NA
U.S. v. Treleaven, 35 F.3d 458 (9th Cir.(Idaho), Sep 13, 1994)
Summary: Criminal sentencing appeal; no religious element
1117-NA
Cannon v. Edgar, 33 F.3d 880, 63 USLW 2175, 147 L.R.R.M. (BNA) 2193,
128 Lab.Cas. P 11,177 (7th Cir.(Ill.), Sep 06, 1994)
Summary: Labor relations dispute involving state statute requiring pool of
workers during strike for religiously-required burials; no religious liberty
claims
1118-NA
Bischel v. U.S., 32 F.3d 259 (7th Cir.(Wis.), Aug 08, 1994)
Summary: Criminal sentencing appeal; no religious element
1119-NA
Doe v. Cunningham, 30 F.3d 879, 29 Fed.R.Serv.3d 1428 (7th Cir.(Wis.),
Jul 26, 1994)
Summary: Parishioner brought action against priest, secretary of supervising
agency, and supervising agency seeking damages for intimate relationship
she claimed to have had with priest; no religious liberty objections
addressed; no governmental party nor governmental act challenged
1120-NA
Refahiyat v. U.S. Dept. of Justice I.N.S., 29 F.3d 553 (10th Cir., Jul 08,
1994)
Summary: Immigration case
1121-NA
U.S. v. Mohammed, 27 F.3d 815 (2nd Cir.(N.Y.), Jun 23, 1994)
Summary: Holding that defendant’s failure to disclose his legal name during
initial probation interview warranted sentencing enhancement for
obstruction of justice, even assuming that he could avoid obstruction
enhancement based on his claimed emotional and religious reasons for
changing name and for refusing to reveal legal name, since record supported
district court’s finding that it was more likely than not that defendant
intentionally deceived probation department regarding his true name in
order to conceal arrest record; no religious liberty claims involved
1122-NA
New York State Ass'n of Realtors, Inc. v. Shaffer, 27 F.3d 834, 63 USLW
2020 (2nd Cir.(N.Y.), Jun 23, 1994)
Summary: Holding that New York antiblockbusting regulation, prohibiting
licensed real estate brokers from making representations regarding entry or
prospective entry into neighborhood of person or persons of particular race,
color, religion or national origin would not be declared unconstitutional
under First Amendment even as applied to truthfully nonmisleading
communications from brokers; it was not shown how regulation restricted in
any way legitimate, nonmisleading communications of residential real estate
industry, as only those communications that sought to induce sale by
preying on racial and ethnic fears of homeowners was prohibited; not a
religious liberty claim case
1123-NA
G & V Lounge, Inc. v. Michigan Liquor Control Com'n, 23 F.3d 1071, 1994
Fed.App. 0146P (6th Cir.(Mich.), May 12, 1994)
Summary: Liquor licensee filed civil rights action challenging the
threatened revocation of its license if it presented topless dancing; no
religious liberty claims
1124-NA
Apache Survival Coalition v. U.S., 21 F.3d 895, 24 Envtl. L. Rep. 20,854
(9th Cir.(Ariz.), Apr 08, 1994)
Summary: Coalition of members of Indian tribe sought to halt construction
of telescopes on Arizona mountain, basing its challenge on constitutional
and statutory grounds; but no clear religious liberty claim raised; case
decided on laches, not merits
1125-NA
McCabe v. Sharrett, 12 F.3d 1558, 63 Empl. Prac. Dec. P 42,828 (11th
Cir.(Fla.), Feb 07, 1994)
Summary: Police chief’s former secretary brought suit against city and
police chief, claiming that they violated her constitutional right to freedom
of association by transferring her to less desirable job on account of her
marriage to police officer; no religious liberty claims
1126-NA
Shirazi-Parsa v. I.N.S., 14 F.3d 1424 (9th Cir.(Cal.), Feb 01, 1994)
Summary: Immigration case
1127-NA
U.S. v. Johns, 15 F.3d 740 (8th Cir.(Minn.), Jan 25, 1994)
Summary: Evidenced in sexual abuse case included fact that defendant used
position as spiritual leader to coerce minor; no religious liberty claims
1128-NA
U.S. v. Hon, 17 F.3d 21 (2nd Cir.(N.Y.), Jan 21, 1994)
Summary: Criminal and sentencing appeal; no religious liberty claims
1129-NA
Deveraux v. City of Chicago, 14 F.3d 328, 63 Fair Empl.Prac.Cas. (BNA)
1013, 63 Empl. Prac. Dec. P 42,839 (7th Cir.(Ill.), Jan 18, 1994)
Summary: Dispute involving process for promoting police officers; no
religious liberty claims
1130-NA
Osmani v. I.N.S., 14 F.3d 13 (7th Cir., Jan 10, 1994)
Summary: Immigration case
1131-NA
Taylor v. Cox, 912 F.Supp. 140 (E.D.Pa., Dec 27, 1995)
Summary:
Holding that inmates’s religious freedom claims were
sufficiently plead but required factual development; no final ruling on
merits
1132-NA
Abdul Jabbar-Al Samad v. Horn, 913 F.Supp. 373 (E.D.Pa., Dec 01, 1995)
Summary:
Holding that inmates’s religious freedom claims were
sufficiently plead but required factual development and record was
insufficient to decide whether preliminary injunction should issue; no final
ruling on merits
1133-NA
Religious Technology Center v. Lerma, 908 F.Supp. 1353 (E.D.Va., Nov
29, 1995)
Summary: Dispute between religious organization and private citizens and
entities alleging copyright infringement by dissemination of works; primary
issue is whether court order allowing fair use by newspaper violates free
exercise rights of organization; although reach of copyright law is debated,
no direct constitutional challenge to law is made; no governmental party nor
governmental act challenged
1134-NA
Himaka v. Buddhist Churches of America, 917 F.Supp. 698 (N.D.Cal., Nov
22, 1995)
Summary: Buddhist minister charged discrimination against temples; court
held that examining decision to defund department would entangle court in
religious doctrine in violation of Establishment Clause; although close
question, the court appears to be holding claim nonjusticiable rather than
imposing constitutional limitation on statute itself; accordingly, no
governmental party nor governmental act appears to be challenged here
1135-NA
Boomer v. Irvin, 919 F.Supp. 122 (W.D.N.Y., Nov 20, 1995)
Summary: Finding genuine issues of fact on refusal to permit inmate to
attend religious services; no final ruling on merits
1136-NA
Stark v. Independent School Dist. No. 640, 163 F.R.D. 557, 104 Ed. Law
Rep. 1223 (D.Minn., Oct 27, 1995) (NO. CIV. 3-94-1597)
Summary: Although case involved establishment challenge, court ruling
was upon joinder issue; no ruling on merits
1137-NA
Toback v. Bratton, 903 F.Supp. 556 (S.D.N.Y., Oct 25, 1995)
Summary: Holding that factual issues remained on challenge by street
evangelists to sound amplification permit requirement; no ruling on merits
1138-NA
Religious Technology Center v. F.A.C.T.NET, Inc., 901 F.Supp. 1528
(D.Colo., Oct 03, 1995)
Summary: Another dispute between religious organization and private
citizens and entities alleging copyright infringement by dissemination of
religious works; no governmental party nor governmental act challenged
1139-NA
Crouch v. Whatley, 900 F.Supp. 1567 (M.D.Ala., Sep 22, 1995)
Summary: Civil rights suit based on citizen injury during arrest; no
religious element
1140-NA
Abordo v. State of Hawai'i, 902 F.Supp. 1220 (D.Hawai'i, Aug 25, 1995)
Summary: Holding that certain claims were not frivolous or raised fact
question in prisoner’s challenge to hair-cut regulation; no final ruling on
merits
1141-NA
Sanders v. Casa View Baptist Church, 898 F.Supp. 1169 (N.D.Tex., Aug
24, 1995)
Summary: Church employees who had sexual relations with minister
brought action against church and minister for negligence and Title VII and
minister brought wrongful discharge claim against church; although various
claims fly around and free exercise/First Amendment defenses are raised, no
constitutional challenge to a statute is raised as opposed to concerns about
application of common-law doctrines; in the end, there is no governmental
party nor governmental act challenged
1142-NA
Hall v. Griego, 896 F.Supp. 1043 (D.Colo., Aug 10, 1995)
Summary: Holding genuine issues of material fact in prisoner’s RFRA
claims regarding religious headgear and retaliatory transfer, denying
defense motion for summary judgment; no final ruling on merits
1143-NA
Van Dyke v. Washington, 896 F.Supp. 183 (C.D.Ill., Aug 03, 1995)
Summary: Free exercise to religion claim by prisoner, but decided by nonArticle III magistrate judge
1144-NA
Tenacre Foundation v. I.N.S., 892 F.Supp. 289 (D.D.C., Jul 13, 1995)
Summary: Not within immigration exception to study as claim brought by
foundation and not involving individual immigration claim; however, court
found likelihood of success on merits on interpretation of immigration
statute, but found religious liberty claim speculative, which is basically
equivalent of lack of standing
1145-NA
Alabama Freethought Ass'n v. Moore, 893 F.Supp. 1522 (N.D.Ala., Jul 07,
1995)
Summary: Establishment challenge to conduct of state court judge, not
executive-legislative departments of government; and decided on standing
grounds, not merits
1146-NA
Muslim v. Frame, 891 F.Supp. 226 (E.D.Pa., Jun 30, 1995)
Summary: Holding genuine issue of material fact remains on free exercise
claim by prisoner; no final ruling on merits; later ruling at 532-FE
1147-NA
Sasnett v. Department of Corrections, 891 F.Supp. 1305, 64 USLW 2042
(W.D.Wis., Jun 23, 1995)
Summary: Holding that prisoner stated claim under RFRA but question of
whether state interested was compelling was question of fact which could
not be decided under motion to dismiss; no final ruling on merits
1148-NA
Rindley v. Gallagher, 890 F.Supp. 1540 (S.D.Fla., Jun 21, 1995)
Summary: Lawsuit regarding advertising and other disciplinary rules for
dentists; no religious element
1149-NA
Krauth v. Executive Telecard, Ltd., 890 F.Supp. 269 (S.D.N.Y., Jun 20,
1995)
Summary: Lawsuit regarding shareholder/corporate matter; no religious
element
1150-NA
Francis v. Keane, 888 F.Supp. 568, 66 Empl. Prac. Dec. P 43,690
(S.D.N.Y., Jun 07, 1995)
Summary: Holding that genuine issues of fact remained on application of
prison grooming regulations to Rastafarian correctional officers and thus
denying defense motion for summary judgment; no final judgment on merits
1151-NA
Weir v. Nix, 890 F.Supp. 769 (S.D.Iowa, May 25, 1995)
Summary: Religious liberty claims by inmate, but decided by non-Article
III magistrate judge
1152-NA
Helbrans v. Coombe, 890 F.Supp. 227 (S.D.N.Y., May 19, 1995)
Summary: Post-merits attorney’s fees application
1153-NA
Belgard v. State of Hawai'i, 883 F.Supp. 510 (D.Hawai'i, May 01, 1995)
Summary: Denying temporary restraining order because prison had agreed
not to impose hair length regulation on Native American prisoner until final
resolution; no ruling on merits
1154-NA
Ellis v. Secretary of State of Ill., 883 F.Supp. 291 (N.D.Ill., Apr 24, 1995)
Summary: Ruling on whether to grant informa pauperis status and holding
that claim was frivolous because plaintiff lacked standing on some aspects
of claim nothing had yet happened on others (i.e., not ripe); no ruling on
merits of presently justiciable claim
1155-NA
Williams v. Sweeney, 882 F.Supp. 1520 (E.D.Pa., Apr 17, 1995)
Summary: Inmate in administrative segregation failed to go beyond
conclusory averment about denial of access to practice religion, as well as
other complaints, so as to allege an actual injury or burden on religion; thus,
no real complaint existed to evaluate on merits; falls short of a justiciable
allegation and thus is not included in Free Exercise database
1156-NA
Schroeder v. De Bertolo, 879 F.Supp. 173, 63 USLW 2616, 9 A.D.D. 1201,
6 NDLR P 258 (D.Puerto Rico, Mar 23, 1995)
Summary: Fair housing claim; no religious element
1157-NA
U.S. v. Wilson, 880 F.Supp. 621, 63 USLW 2583 (E.D.Wis., Mar 16, 1995)
Summary: Challenge to Freedom of Access to Clinic Entrances Act, but on
commerce clause not religious liberty grounds
1158-NA
Flores v. City of Boerne, 877 F.Supp. 355, 63 USLW 2572 (W.D.Tex., Mar
15, 1995)
Summary: Holding that RFRA is unconstitutional; no ruling on merits of
religious liberty claims
1159-NA
Urantia Foundation v. Maaherra, 895 F.Supp. 1347, 1995 Copr.L.Dec. P
27,384 (D.Ariz., Feb 10, 1995)
Urantia Foundation v. Maaherra, 895 F.Supp. 1329 (D.Ariz., Jan 27, 1995)
Urantia Foundation v. Maaherra, 895 F.Supp. 1335, 1995 Copr.L.Dec. P
27,384 (D.Ariz., Jan 27, 1995)
Summary: While defendant accused by religious organization of violating
copyright raised RFRA and establishment defense, he expressly did not
challenge constitutional validity of copyright statutes; no governmental
party nor governmental act challenged; see also 1259-NA
1160-NA
Levinson-Roth v. Parries, 872 F.Supp. 1439 (D.Md., Jan 05, 1995)
Summary: Although rejecting plaintiff’s free exercise and RFRA
complaints about being required to remove wig contrary to her religious
beliefs at county detention center, court held fact questions remained and
summary judgment could not be granted on claim about forcing her to wear
pants contrary to religious views; thus no final ruling on merits
1161-NA
McKinney v. Hanks, 911 F.Supp. 359 (N.D.Ind., Dec 20, 1995)
Summary: Finding that prisoner had threatened prison employee,
warranting sanctions by prison conduct adjustment board, was supported by
evidence that after prisoner's request for no-pork diet was not honored
prisoner threatened that members of Muslim faith would create havoc and
trouble in dining room and that someone would have to pull bodies out; no
religious liberty claims
1162-NA
U.S. v. One 1989, 23 Foot, Wellcraft Motor Vessel, Puerto Rico
Registration Number PR 2855GG, 910 F.Supp. 46 (D.Puerto Rico, Dec 13,
1995)
Summary: Forfeiture case; no religious liberty issues
1163-NA
Regenbogen v. Mustille, 908 F.Supp. 1101 (N.D.N.Y., Dec 05, 1995)
Summary: In suit by former public employee, genuine issue of material fact
on pretext precluded summary judgment on religious discrimination
disparate treatment claim; no final ruling on merits
1164-NA
U.S. v. Goldberg, 906 F.Supp. 58 (D.Mass., Nov 22, 1995)
Summary: Yet another selective prosecution allegation; no religious
element
1165-NA
U.S. v. McMillan, 946 F.Supp. 1254 (S.D.Miss., Nov 22, 1995)
Summary: Injunction suit against anti-abortion protestor; evidence was that
protestor said God would destroy clinic; no religious liberty claim raised nor
does case involved claim of protected religious speech; even assuming God
destroying threat is religious speech, protestor denied saying it and did not
claim right on that basis
1166-NA
Cary v. Carmichael, 908 F.Supp. 1334, 150 L.R.R.M. (BNA) 3022, 72 Fair
Empl.Prac.Cas. (BNA) 1178 (E.D.Va., Nov 20, 1995)
Summary: Religious discrimination claim against private employer; no
governmental party nor governmental act challenged
1167-NA
Sarin v. Raytheon Co., 905 F.Supp. 49, 69 Fair Empl.Prac.Cas. (BNA) 856,
67 Empl. Prac. Dec. P 43,829 (D.Mass., Nov 15, 1995)
Summary: Religious discrimination claim against private employer; no
governmental party nor governmental act challenged
1168-NA
Sarin v. Raytheon Co., 905 F.Supp. 49, 69 Fair Empl.Prac.Cas. (BNA) 856,
67 Empl. Prac. Dec. P 43,829 (D.Mass., Nov 15, 1995)
Summary: Automobile brokerage corporation challenged constitutionality
of Texas statute prohibiting automobile brokering except by dealers and
certain others; no religious element
1169-NA
Snyder v. Murray City Corp., 902 F.Supp. 1455 (D.Utah, Nov 02, 1995)
Summary: Earlier ruling already coded at 530-FE; amendment and denial of
motion for reconsideration not re-coded; also, additional rulings limited to
state constitutional claims
1170-NA
Oppenheimer v. Charles Samelson, Inc., 903 F.Supp. 586 (S.D.N.Y., Nov
01, 1995)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
1171-NA
Virginia Soc. for Human Life, Inc. v. Caldwell, 906 F.Supp. 1071
(W.D.Va., Oct 30, 1995)
Summary: Distributor of voter guides and antiabortion organization that
had prepared them brought § 1983 action challenging constitutionality of
provisions of Virginia’s Campaign Finance Disclosure Act; no clear
indication anti-abortion speech has religious element nor is speaker a
religious person or institution
1172-NA
U.S. v. Davis, 904 F.Supp. 554, 64 USLW 2320 (E.D.La., Oct 23, 1995)
Summary: Defendants in capital case lodged objections to federal statutory
capital sentencing scheme; discussion that preclusion of religious
background as a factor in jury determination does not prevent defendant
from seeking mitigation based upon legitimate factors such as deprived
background; no religious liberty issues
1173-NA
Santa Fe Springs Realty Corp. v. City of Westminster, 906 F.Supp. 1341, 96
Daily Journal D.A.R. 1973 (C.D.Cal., Oct 20, 1995)
Summary: Challenge by adult-oriented business on free speech grounds to
zoning regulations, including location within proximity to church, but no
religious liberty claims (such as establishment) raised
1174-NA
Gorman v. Roberts, 909 F.Supp. 1493, 72 Fair Empl.Prac.Cas. (BNA) 1017
(M.D.Ala., Oct 18, 1995)
Summary: Former public employee sued for retaliatory discharge; no
religious element apparently present and suit decided based on justiciability
problems
1175-NA
Gorman v. Roberts, 909 F.Supp. 1479 (M.D.Ala., Oct 17, 1995)
Summary: Earlier ruling in same suit as 1174-NA; again no religious
element
1176-NA
U.S. v. Turner, 901 F.Supp. 1491, 64 USLW 2276, 95 Daily Journal D.A.R.
14,053 (C.D.Cal., Oct 12, 1995)
Summary: Yet another claim of selective prosecution (this time based on
race); no religious element
1177-NA
Vetter v. Farmland Industries, Inc., 901 F.Supp. 1446 (N.D.Iowa, Oct 12,
1995)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged; see also 1220-NA
1178-NA
Eichenwald v. Krigel's, Inc., 908 F.Supp. 1531, 75 Fair Empl.Prac.Cas.
(BNA) 76 (D.Kan., Oct 12, 1995)
Summary: Sexual harassment suit against private employer; no religious
element and no governmental party nor governmental act challenged
1179-NA
Orci v. Insituform East, Inc., 901 F.Supp. 978 (D.Md., Sep 28, 1995)
Summary: Wrongful discharge suit against private employer; no religious
element and no governmental party nor governmental act challenged
1180-NA
Chicago Miracle Temple Church, Inc. v. Fox, 901 F.Supp. 1333 (N.D.Ill.,
Sep 26, 1995)
Summary: African-American church, its pastor and board of directors sued
village, its mayor and board of trustees under civil rights statutes, alleging
that defendants conspired to and did deprive plaintiffs of equal protection
by preventing church from purchasing property in village because of racial
composition of church’s membership; discrimination claim based on race
and not religion; not religious liberty case
1181-NA
U.S. v. Walker, 910 F.Supp. 837, 64 USLW 2302 (N.D.N.Y., Sep 26, 1995)
Summary: Holding that requirement that court in death penalty case instruct
jury not to consider race, color, religious belief, national origin or sex of
defendant or victim in imposing sentence does not limit defendant’s
presentation of mitigating evidence so as to be unconstitutional; no religious
element; also claim of selective prosecution, but not on religious grounds
1182-NA
E.E.O.C. v. BJ Services Co., 921 F.Supp. 1509, 68 Empl. Prac. Dec. P
44,002 (N.D.Tex., Sep 26, 1995)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
1183-NA
King v. M.R. Brown, Inc., 911 F.Supp. 161, 64 USLW 2230, 69 Fair
Empl.Prac.Cas. (BNA) 831, 66 Empl. Prac. Dec. P 43,728 (E.D.Pa., Sep 22,
1995)
Summary: Discrimination suit, including religious bigotry, against private
employer; no governmental party nor governmental act challenged
1184-NA
Religious Technology Center v. Netcom On-Line Communication Services,
Inc., 923 F.Supp. 1231 (N.D.Cal., Sep 22, 1995)
Summary: Another dispute between religious organization and private
citizen alleging copyright infringement by dissemination of religious works;
no governmental party nor governmental act challenged
1185-NA
Felker v. Pepsi-Cola Co., 899 F.Supp. 882, 68 Fair Empl.Prac.Cas. (BNA)
1569 (D.Conn., Sep 13, 1995)
Summary: Age discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
1186-NA
Presbytery of New Jersey of the Orthodox Presbyterian Church v. Florio,
902 F.Supp. 492 (D.N.J., Sep 13, 1995)
Summary: Challenge by religious organization to state statute barring
discrimination against homosexuals; ruling on preliminary matters and
standing; rejecting facial constitutional challenge to statute, but no final
ruling on merits of all claims
1187-NA
Moore v. Kamikawa, 940 F.Supp. 260 (D.Hawai'i, Sep 08, 1995)
Summary: Taxpayer brought action against employees of Hawai'i
Department of Taxation claiming that collection of Hawai’i’s general excise
tax violated various rights; no religious element
1188-NA
Pacheco v. Comisse, 897 F.Supp. 671 (N.D.N.Y., Aug 29, 1995)
Summary: Holding that summary judgment was inappropriate for prison
officials on inmate’s claim of interference with legal mail, where inmate
submitted evidence that addressee provided affordable legal support
services to Muslim prisoners; claim was related to religious status, but not a
final ruling on merits
1189-NA
Nedder v. Rivier College, 908 F.Supp. 66, 105 Ed. Law Rep. 1033, 4 A.D.
Cases 1530, 11 A.D.D. 782, 7 NDLR P 364 (D.N.H., Aug 14, 1995)
Summary: Disability discrimination claim by professor at public university;
no religious discrimination claim
1190-NA
Mayo v. Kiwest Corp., 898 F.Supp. 335, 68 Fair Empl.Prac.Cas. (BNA)
1761 (E.D.Va., Aug 08, 1995)
Summary: Same-sex discrimination claim against private employer; no
religious element and no governmental party nor governmental act
challenged
1191-NA
Lui Ciro, Inc. v. Ciro, Inc., 895 F.Supp. 1365 (D.Hawai'i, Jul 26, 1995)
Summary: Franchise dispute; no religious element and no governmental
party nor governmental act challenged
1192-NA
Johnson v. Plastic Packaging, Inc., 892 F.Supp. 25, 70 Fair Empl.Prac.Cas.
(BNA) 491 (D.Mass., Jul 25, 1995)
Summary: Sexual harassment claim against private employer; no religious
element and no governmental party nor governmental act challenged
1193-NA
Asselin v. Shawnee Mission Medical Center, Inc., 894 F.Supp. 1479, 6 A.D.
Cases 1596, 11 A.D.D. 863, 7 NDLR P 144 (D.Kan., Jul 25, 1995)
Summary: Patient brought action against hospital and medical personnel
involved in his treatment under Americans with Disabilities Act; no
religious element and no governmental party nor governmental act
challenged
1194-NA
Herndon by Herndon v. Chapel Hill-Carrboro City Bd. of Educ., 899
F.Supp. 1443, 104 Ed. Law Rep. 246 (M.D.N.C., Jul 19, 1995)
Summary: Holding that chool district’s requirement that student disclose
activities for which he worked while completing mandatory community
service program did not seek information protected by right of privacy
despite student’s claim that objection to disclosing activity was based on
Christian faith where there were no allegations or evidence in record that
student considered belief concerning charitable activities to be central
religious belief or practice; close case on whether to include but not framed
as religious discrimination but rather as privacy claim and religious
motivation argument appeared very weak
1195-NA
Ribot Espada v. Woodroffe, 896 F.Supp. 69, 68 Fair Empl.Prac.Cas. (BNA)
1663 (D.Puerto Rico, Jul 17, 1995)
Summary: Religious discrimination claim by public employee, but ruling is
on exhaustion of administrative remedies and whether Title VII is exclude
remedy; no ruling on merits
1196-NA
Pargo v. Elliott, 894 F.Supp. 1243 (S.D.Iowa, Jul 14, 1995)
Summary: Equal protection claim by women prisoners regarding different
treatment than men prisoners; no religious element
1197-NA
Daulo v. Commonwealth Edison, 892 F.Supp. 1088, 72 Fair Empl.Prac.Cas.
(BNA) 1566 (N.D.Ill., Jul 12, 1995)
Summary: Racial discrimination claim against private employer; no
religious element and no governmental party nor governmental act
challenged
1198-NA
Sims v. Montgomery County Com'n, 890 F.Supp. 1520 (M.D.Ala., Jul 03,
1995)
Summary: Race and sex discrimination claim against public employer; but
no religious element
1199-NA
Taylor v. Central Pennsylvania Drug and Alcohol Services Corp., 890
F.Supp. 360, 72 Fair Empl.Prac.Cas. (BNA) 1315 (M.D.Pa., Jun 30, 1995)
Summary: Sexual harassment claim against private employer; no religious
element and no governmental party nor governmental act challenged
1200-NA
Buycks-Roberson v. Citibank Federal Sav. Bank, 162 F.R.D. 322 (N.D.Ill.,
Jun 29, 1995)
Summary: Claim of racial discrimination against bank; no religious element
and no governmental party nor governmental act challenged
1201-NA
Parsons v. Nationwide Mut. Ins. Co., 889 F.Supp. 465 (M.D.Fla., Jun 23,
1995)
Summary: Sexual harassment claim against private employer; no religious
element and no governmental party nor governmental act challenged
1202-NA
U.S. v. White, 893 F.Supp. 1423 (C.D.Cal., Jun 23, 1995)
Summary: Civil complaint for injunctive relief against abortion protestors,
alleging violation of Freedom of Access to Clinic Entrances Act (FACE);
no religious speech or religious liberty issues addressed
1203-NA
Valanzuela v. Snider, 889 F.Supp. 1409 (D.Colo., Jun 20, 1995)
Summary: Motorist alleged that she had been sexually assaulted by police
officer after being stopped for traffic violation; no religious element
1204-NA
Schneider v. Delo, 890 F.Supp. 791 (E.D.Mo., Jun 08, 1995)
Summary: Habeas petition in capital case; no religious element
1205-NA
Gargano v. Diocese of Rockville Centre, 888 F.Supp. 1274, 101 Ed. Law
Rep. 809 (E.D.N.Y., Jun 05, 1995)
Summary: Age and contract breach claim by former teacher at church
school; no religious liberty claims raised by church or addressed
1206-NA
Blizzard v. Watson, 892 F.Supp. 587 (D.Del., Jun 01, 1995)
Summary: Various claims by prisoner, but no religious liberty or
discrimination claims
1207-NA
Boyd v. Harding Academy of Memphis, Inc., 887 F.Supp. 157, 68 Fair
Empl.Prac.Cas. (BNA) 238 (W.D.Tenn., May 31, 1995)
Summary: Holding that church school’s discharge of teacher for violating
New Testament prohibition against premarital sex was legitimate,
nondiscriminatory reason for her termination; held for church under Title
VII and no ruling on whether Title VII would constitutionally apply
1208-NA
Hannon v. Chater, 887 F.Supp. 1303, 72 Fair Empl.Prac.Cas. (BNA) 1379
(N.D.Cal., May 26, 1995)
Summary: Race and gender discrimination claim by federal employee; no
religious element and decided by non-Article III magistrate judge
1209-NA
Blong v. Secretary of Army, 886 F.Supp. 1576, 68 Fair Empl.Prac.Cas.
(BNA) 503 (D.Kan., May 19, 1995)
Summary: Sex discrimination claim by applicant for federal employment;
no religious element
1210-NA
Nsukami v. I.N.S., 890 F.Supp. 170 (E.D.N.Y., May 17, 1995)
Summary: Immigration case
1211-NA
Boyle v. Jerome Country Club, 883 F.Supp. 1422 (D.Idaho, May 10, 1995)
Summary: Religious discrimination claim against private country club; no
governmental party nor governmental act challenged
1212-NA
Mass v. McClenahan, 893 F.Supp. 225, 63 USLW 2787, 67 Fair
Empl.Prac.Cas. (BNA) 1597, 66 Empl. Prac. Dec. P 43,564 (S.D.N.Y., May
08, 1995)
Summary: Racial (but based on religious background) discrimination claim
against private employer; no governmental party nor governmental act
challenged
1213-NA
Yohn v. Love, 887 F.Supp. 773 (E.D.Pa., May 05, 1995)
Summary: Habeas case; no religious element
1214-NA
Turiano v. Schnarrs, 904 F.Supp. 400 (M.D.Pa., May 05, 1995)
Summary: Prisoner complaint about access to courts; no religious element
1215-NA
Conkey v. Reno, 885 F.Supp. 1389 (D.Nev., May 04, 1995)
Summary: Owner of hydriodic acid which was seized and destroyed by
government officials during drug and narcotics investigation brought
damages suit; no religious element
1216-NA
E.E.O.C. v. Air Line Pilots Ass'n, 885 F.Supp. 289, 67 Fair Empl.Prac.Cas.
(BNA) 1363 (D.D.C., May 03, 1995)
Summary: Religious discrimination claim against private airline; no
governmental act challenged
1217-NA
Armstrong v. United Airlines, Inc., 883 F.Supp. 1172, 68 Fair
Empl.Prac.Cas. (BNA) 981 (N.D.Ill., May 02, 1995)
Summary: Race and sex discrimination claim against private employer; no
religious element and no governmental party nor governmental act
challenged
1218-NA
Six v. Delo, 885 F.Supp. 1265 (E.D.Mo., May 02, 1995)
Summary: In capital case, evidence did not support defendant’s claim that
trial judge impermissibly relied upon Bible in imposing death sentence;
objection is based on impermissible influences, not religious liberty claim
by criminal defendant
1219-NA
U.S. v. Luv N' Care Intern., Inc., 897 F.Supp. 941 (W.D.La., May 02, 1995)
Summary: Yet another claim of selective prosecution; no religious element
1220-NA
Vetter v. Farmland Industries, Inc., 884 F.Supp. 1287, 73 Fair
Empl.Prac.Cas. (BNA) 595, 66 Empl. Prac. Dec. P 43,622 (N.D.Iowa, May
01, 1995)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged; see also 1177-NA
1221-NA
Roxas v. Presentation College, 885 F.Supp. 1323, 100 Ed. Law Rep. 992
(D.S.D., Apr 21, 1995)
Summary: Race and age discrimination claim by priest against churchaffiliated college; court accepted college’s nondiscriminatory reasons for
denying sabbatical to priest; no religious liberty claims addressed
1222-NA
Hispanics United of DuPage County v. Village of Addison, Ill., 160 F.R.D.
681 (N.D.Ill., Apr 20, 1995)
Summary: Allegation that village’s proposed redevelopment plans
intentionally discriminated against Hispanics; no religious liberty claims
1223-NA
Sekor v. Capwell, 889 F.Supp. 34, 101 Ed. Law Rep. 825 (D.Conn., Apr 19,
1995)
Summary: Former public school teacher sued for violation of free speech
rights and age discrimination; she claimed in part that she was reprimanded
for discussion in class that compared literary character to Jesus Christ;
however, no religious liberty claim is raised, as she does not assert any
religious-based interest or religious content to speech but rather general
academic freedom claim
1224-NA
Nettles v. Griffith, 883 F.Supp. 136 (E.D.Tex., Apr 13, 1995)
Summary: In assessing prisoner’s damages at $50 per day for violation of
due process right in placing in administrative segregation, the court
mentions loss of privileges due to such segregation, including ability to
attend church services and day room area; but no religious liberty claims
raised by prisoner
1225-NA
Brandhorst v. ESL, Inc., 1995 WL 232381, 6 NDLR P 269 (N.D.Cal., Apr
13, 1995)
Summary: Employment discrimination suit against private employer; no
governmental party nor governmental act challenged
1226-NA
Lieberman-Sack v. Harvard Community Health Plan of New England, Inc.,
882 F.Supp. 249, 67 Fair Empl.Prac.Cas. (BNA) 1037 (D.R.I., Apr 11,
1995)
Summary: Gender and religious discrimination suit against private
employer; no governmental party nor governmental act challenged
1227-NA
Pagan v. Dubois, 884 F.Supp. 25, 32 Fed.R.Serv.3d 52 (D.Mass., Apr 11,
1995)
Summary: Latino inmates brought civil rights action against prison
officials, challenging alleged lack of Spanish-speaking prison staff and
Latino cultural programs; no religious liberty claims
1228-NA
Benekritis v. Johnson, 882 F.Supp. 521, 63 USLW 2772, 67 Fair
Empl.Prac.Cas. (BNA) 1449, 66 Empl. Prac. Dec. P 43,731, 100 Ed. Law
Rep. 66 (D.S.C., Apr 11, 1995)
Summary: Claims of sexual harassment and assault by public school
teacher; court held that teacher was not acting as agent of school district
when he committed alleged assault on another teacher during pickup
basketball game conducted in church gymnasium one mile from school that
was attended primarily by church officials, and district thus was not liable
for alleged assault; no religious liberty claims
1229-NA
E.E.O.C. v. Ilona of Hungary, Inc., 885 F.Supp. 1111, 71 Fair
Empl.Prac.Cas. (BNA) 1874 (N.D.Ill., Apr 07, 1995)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
1230-NA
Socha v. National Ass'n of Letter Carriers Branch No. 57 (Merged), 883
F.Supp. 790 (D.R.I., Mar 25, 1995)
Summary: Dispute by union member with union and others; no apparent
religious element; Postal Service is also party but opinion dealt with motion
to dismiss by union parties
1231-NA
England v. Fleetguard, Inc., 878 F.Supp. 1058, 67 Fair Empl.Prac.Cas.
(BNA) 609 (M.D.Tenn., Mar 06, 1995)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
1232-NA
U.S. v. Friedland, 879 F.Supp. 420 (D.N.J., Mar 02, 1995)
Summary: Habeas suit in which convict complained about government’s
failure to seek downward departure in sentence, but no allegation of
religious discriminatory motivation
1233-NA
Wilson v. Glenwood Intermountain Properties, Inc., 876 F.Supp. 1231, 98
Ed. Law Rep. 139 (D.Utah, Feb 01, 1995)
Summary: Housing applicants brought action against landlords, alleging
discrimination on basis of familial status, religion and sex, and private
university intervened; no governmental party nor governmental act
challenged
1234-NA
Burtnick v. McLean, 874 F.Supp. 698 (D.Md., Jan 30, 1995)
Summary: Holding in former city employee’s action alleging that he was
discriminated against on the basis of his religious preference and age when
his position was abolished that mayor and city council enjoyed legislative
immunity from liability; no ruling on merits
1235-NA
Schwartz v. Pridy, 874 F.Supp. 256 (E.D.Mo., Jan 18, 1995)
Summary: Owner of auto salvage business brought civil rights action
against officers who executed search warrant; no religious discrimination
alleged
1236-NA
McMillian v. Johnson, 878 F.Supp. 1473 (M.D.Ala., Jan 17, 1995)
Summary: Former prison inmate against whom murder charges were
ultimately dismissed brought civil rights action against county sheriff, and
various investigative and correction personnel; included claim for selective
prosecution, but not apparently allegation of religious discrimination
1237-NA
Hunt v. Tucker, 875 F.Supp. 1487 (N.D.Ala., Jan 09, 1995)
Summary: Habeas petition by former governor from convictions for
violation of the Alabama Ethics Act; including claim of selective
prosecution, but no allegation of religious discrimination
1238-NA
Sava v. General Elec. Co., 877 F.Supp. 81 (D.Conn., Jan 06, 1995)
Summary: Employment discrimination suit against private employer; no
religious element and no governmental party nor governmental act
challenged
1239-NA
Skinder-Strauss Associates v. Massachusetts Continuing Legal Educ., Inc.,
914 F.Supp. 665 (D.Mass., Dec 27, 1995)
Summary: Publisher of legal directory sued competitor for copyright
infringement and unfair and deceptive trade practices; no religious element
and no governmental party nor governmental act challenged
1240-NA
U.S. v. Hoffenberg, 908 F.Supp. 1265 (S.D.N.Y., Dec 18, 1995)
Summary: In criminal case, holding that where government declines to
make a substantial assistance motion pursuant to cooperation agreement,
district court may review decision only to determine whether government
based its decision on impermissible criteria, such as race or religion; but no
allegation of religious discrimination in this case
1241-NA
Religious Technology Center v. F.A.C.T.N.E.T., Inc., 907 F.Supp. 1468,
1995 Copr.L.Dec. P 27,501, 37 U.S.P.Q.2d 1789, 24 Media L. Rep. 1696
(D.Colo., Dec 11, 1995)
Summary: Another dispute between religious organization and private
citizens and entities alleging copyright infringement by dissemination of
religious works; no governmental party nor governmental act challenged
1242-NA
Religious Technology Center v. Lerma, 908 F.Supp. 1362, 37 U.S.P.Q.2d
1258, 24 Media L. Rep. 1115 (E.D.Va., Nov 28, 1995)
Summary: Dispute between religious organization and private citizens and
entities alleging copyright infringement by dissemination of works; no
constitutional questions and no governmental party nor governmental act
challenged
1243-NA
Bauchman By and Through Bauchman v. West High School, 906 F.Supp.
1483, 105 Ed. Law Rep. 543 (D.Utah, Nov 21, 1995)
Summary: Interpretation of scope of prior injunction against religious
prayer at commencement and motion for civil contempt; not a ruling directly
on religious liberty claim but application of prior ruling; court held that
evidence that school defendants acted in good faith in taking all reasonable
steps to achieve substantial compliance with injunction established lack of
civil contempt even though audience interrupted graduation ceremonies to
sing prohibited song; moreover, including ruling on contempt would be
doubling counting of this case, as ruling on merits in this case in same year
is included at 131-EC
1244-NA
Church of Scientology Intern. v. Time Warner, Inc., 903 F.Supp. 637, 24
Media L. Rep. 1044 (S.D.N.Y., Nov 14, 1995)
Summary: Religious group which had been subject of magazine article
brought defamation action against magazine, publisher, and author; while
First Amendment free speech issues are involved, no religious liberty claims
1245-NA
Religious Technology Center v. F.A.C.T.NET, Inc., 901 F.Supp. 1519, 64
USLW 2319, 36 U.S.P.Q.2d 1690, 23 Media L. Rep. 2513 (D.Colo., Sep 15,
1995)
Summary: Another ruling in this dispute between religious organization
and private citizens and entities alleging copyright infringement by
dissemination of religious works, here on preliminary injunction; no
governmental party nor governmental act challenged
1246-NA
U.S. v. Moore, 903 F.Supp. 44 (S.D.Ga., Sep 14, 1995)
Summary: In holding that a criminal defendant knowingly, voluntarily, and
intelligently waived his right to appellate counsel, court notes evidence of
his education and background including having independently studied the
“Orthodox Islam” religion; no religious liberty issues
1247-NA
Meachem v. Keane, 899 F.Supp. 1130 (S.D.N.Y., Sep 12, 1995)
Summary: In criminal habeas case, record did not suggest any request by
defendant for extension of time to consider plea offer for religious, or any
other, reasons; no religious liberty issues
1248-NA
U.S. v. W.P., Jr., 898 F.Supp. 845 (M.D.Ala., Sep 06, 1995)
Summary: Criminal case, juvenile defendant alleged prosecution violated
due process by prosecuting in federal rather than state court; no religious
element
1249-NA
U.S. v. State of Wash., 898 F.Supp. 1453 (W.D.Wash., Aug 28, 1995)
Summary: United States and 16 Indian tribes sought declaratory and
injunctive relief concerning off-reservation treaty right shellfishing; for
purpose of using equitable factors to balance hardships among the parties in
apportioning fishing treaty tribes’ shellfishing rights as against property
rights of commercial shellfish growers and other private property owners,
tribes’ shellfishing rights were not purely economic and thus would not
adequately be vindicated by economic relief; tribes historically fished for
religious and ceremonial as well as subsistence purposes and intangible
benefits would inure to tribal members from exercising right to fish, such as
cultural value of participating in traditional activity and self-esteem of being
gainfully employed, which benefits would be lost were monetary relief
substituted for right to fish; while religious and cultural factors were
considered in balancing hardship, the case does not directly raise religious
liberty claims
1250-NA
O'Brien v. U.S. Dept. of Justice, 927 F.Supp. 382 (D.Ariz., Jul 13, 1995)
Summary: Individual brought what court called bizarre and delusional
claims of deprivation of civil rights and infliction of emotional distress
against the federal government, religious institutions, entertainers, etc.; no
meaningful religious liberty claims addressed
1251-NA
Children's Healthcare is a Legal Duty, Inc. v. Deters, 894 F.Supp. 1129
(S.D.Ohio, Jul 12, 1995)
Summary: Organization, children and children’s father brought action
challenging constitutionality of spiritual/religious exemptions of child
endangerment statute; while case involves essentially Establishment
challenge, the court’s ruling here was limited to the issues of proper
defendants, standing, and Eleventh Amendment immunity; no ruling on
merits
1252-NA
Ratnam v. Lewis, 892 F.Supp. 619 (D.N.J., Jun 20, 1995)
Summary: Immigration case
1253-NA
Tilton v. Capital Cities/ABC, Inc., 905 F.Supp. 1514, 23 Media L. Rep.
2057 (N.D.Okla., Jun 19, 1995)
Summary: Televangelist brought defamation action against television
network and its employee; no religious liberty issues and no governmental
party nor governmental act challenged
1254-NA
Brandborg v. Lucas, 891 F.Supp. 352 (E.D.Tex., Jun 16, 1995)
Summary: Validity of questioning of potential juror, including about
religious preference; however, decision by non-Article III magistrate judge
1255-NA
K.R. by M.R. v. Anderson Community School Corp., 887 F.Supp. 1217, 101
Ed. Law Rep. 213, 10 A.D.D. 788 (S.D.Ind., May 25, 1995)
Summary: Parents of disabled student brought action against school
corporation under Individuals with Disabilities Education Act (IDEA) after
corporation refused to provide full-time instructional assistant to attend
classes with student at private parochial school; primary issues were
regulatory and not constitutional, other than addressing state constitutional
claim
1256-NA
Phillips v. Sugrue, 886 F.Supp. 63 (D.D.C., May 05, 1995)
Summary: Judgment creditor of debtor-priest sought to compel payments
by garnishee, which was religious institute with which priest was
associated; court held that creditor could not compel payments from
garnishee based upon interpretation of applicable statute and avoided
“constitutional tightrope”; no religious liberty claims addressed
1257-NA
Adams Outdoor Advertising, Inc. v. City of Holland, 883 F.Supp. 207
(W.D.Mich., Apr 21, 1995)
Summary: Constitutional challenge to billboard ordinance; no religious
liberty claims
1258-NA
Isely v. Capuchin Province, 880 F.Supp. 1138, 99 Ed. Law Rep. 797
(E.D.Mich., Mar 16, 1995)
Summary: In student’s action against priests who allegedly sexually abused
him, court held that inquiry into seminary’s decisions regarding who should
be permitted to become or remain a priest would involve excessive
entanglement with religion which is prohibited by First Amendment and,
thus, First Amendment prohibited student's action against priests’
supervisors, seminary, and seminary’s governing province for negligent
hiring of priests who allegedly sexually abused student; questions of hiring
and retention of clergy necessarily require interpretation of church canons
and internal church policies and practices; however other claims, including
negligent supervision, were not so barred; court’s ruling is a judicial
justiciability ruling (stated as a jurisdictional holding), not a constitutional
review of an executive or legislative department action
1259-NA
Urantia Foundation v. Maaherra, 895 F.Supp. 1338, 1995 Copr.L.Dec. P
27,384 (D.Ariz., Feb 27, 1995)
Summary: Religious organization brought trademark infringement action
against publisher of computer disc version of organization’s book; no
governmental party nor governmental action challenged; see also 1159-NA
1260-NA
Gordon v. Vose, 879 F.Supp. 179 (D.R.I., Jan 03, 1995)
Summary: Question of whether sentencing judge had bias; no action of
legislative or executive department of government involved
1261-NA
Duncan v. Coffee County, Tenn., 69 F.3d 88, 104 Ed. Law Rep. 567, 1995
Fed.App. 0321P (6th Cir.(Tenn.), Nov 01, 1995)
Summary: Voting rights claim; no religious element
1262-NA
In re Seizure of All Funds in Accounts in Names Registry Pub. Inc., 68 F.3d
577 (2nd Cir.(N.Y.), Oct 17, 1995)
Summary: Civil forfeiture case; no religious element
1263-NA
Miller v. Benson, 68 F.3d 163, 104 Ed. Law Rep. 91 (7th Cir.(Wis.), Oct 06,
1995)
Summary: Holding free exercise challenge moot due to amendment of
statute
1264-NA
Malik v. Brown, 65 F.3d 148, 95 Cal. Daily Op. Serv. 7127, 95 Daily
Journal D.A.R. 12,141 (9th Cir.(Wash.), Sep 08, 1995)
Summary: Supplemental holding, no change in result; see 507-FE
1265-NA
Jane L. v. Bangerter, 61 F.3d 1505 (10th Cir.(Utah), Aug 02, 1995)
Summary: Post-merits attorney’s fee decision
1266-NA
Esmail v. Macrane, 53 F.3d 176, 63 USLW 2658 (7th Cir.(Ill.), Apr 19,
1995)
Summary: Dispute about denial of liquor license; no religious element
1267-NA
Goluba v. School Dist. of Ripon, 45 F.3d 1035 (7th Cir.(Wis.), Jan 11,
1995)
Summary: Interpretation of scope of prior injunction against religious
prayer at commencement and motion for civil contempt; not a ruling directly
on religious liberty claim
1268-NA
Park v. Howard University, 71 F.3d 904, 71 Fair Empl.Prac.Cas. (BNA)
1838, 67 Empl. Prac. Dec. P 43,796, 315 U.S.App.D.C. 196, 105 Ed. Law
Rep. 412 (D.C.Cir., Dec 15, 1995)
Summary: Sex and race discrimination claim against private university; no
religious liberty issues and no governmental party nor governmental act
challenged
1269-NA
Houston Lighting & Power Co. v. International Broth. of Elec. Workers,
Local Union No. 66, 71 F.3d 179, 64 USLW 2464, 151 L.R.R.M. (BNA)
2020, 131 Lab.Cas. P 11,468 (5th Cir.(Tex.), Dec 11, 1995)
Summary: Labor dispute with private parties; no religious liberty issues and
no governmental party nor governmental act challenged
1270-NA
U.S. v. Darden, 70 F.3d 1507, 43 Fed. R. Evid. Serv. 321 (8th Cir.(Mo.),
Nov 22, 1995)
Summary: Case involved RICO/drug trafficking charges against a drug
gang that operated behind the façade of a Moorish Science Temple; but no
religious liberty claims are involved
1271-NA
U.S. v. Blackman, 66 F.3d 1572, 43 Fed. R. Evid. Serv. 211 (11th Cir.(Fla.),
Oct 20, 1995)
Summary: In criminal case, complaint of racial discrimination in selection
of jury, but prosecutor gave nondiscriminatory reason for striking juror,
namely his assertions during voir dire that he believed it was wrong to judge
person because judgment belongs to God; no religious liberty claims
1272-NA
U.S. v. Gomez, 67 F.3d 1515, 43 Fed. R. Evid. Serv. 140 (10th Cir.(Utah),
Oct 10, 1995)
Summary: Criminal case; no religious liberty claims
1273-NA
Beer v. U.S. I.N.S., District Director, 68 F.3d 216 (8th Cir., Oct 10, 1995)
Summary: Immigration case
1274-NA
Brazil v. U.S. Dept. of Navy, 66 F.3d 193, 68 Fair Empl.Prac.Cas. (BNA)
1217, 67 Empl. Prac. Dec. P 43,838, 95 Cal. Daily Op. Serv. 7279, 95 Daily
Journal D.A.R. 12,421 (9th Cir.(Cal.), Sep 15, 1995)
Summary: Race discrimination claim by federal employee; no religious
discrimination
1275-NA
U.S. v. Pierce, 62 F.3d 818, 42 Fed. R. Evid. Serv. 1300, 1995 Fed.App.
0256P (6th Cir.(Ky.), Aug 18, 1995)
Summary: Arson case in which church was burned; no religious liberty
claims asserted or addressed
1276-NA
U.S. v. Tolliver, 61 F.3d 1189 (5th Cir.(La.), Aug 14, 1995)
Summary: Criminal case; no religious liberty claims
1277-NA
Rubinovitz v. Rogato, 60 F.3d 906 (1st Cir.(Mass.), Aug 01, 1995)
Summary: Zoning dispute in which equal protection claims are made, none
based on religion; no religious liberty claims
1278-NA
Felt v. Atchison, Topeka & Santa Fe Ry. Co., 60 F.3d 1416, 64 USLW
2075, 149 L.R.R.M. (BNA) 2991, 68 Fair Empl.Prac.Cas. (BNA) 548, 130
Lab.Cas. P 11,378, 95 Cal. Daily Op. Serv. 5807, 95 Daily Journal D.A.R.
9897 (9th Cir.(Cal.), Jul 25, 1995)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
1279-NA
Wilson v. U.S. West Communications, 58 F.3d 1337, 64 USLW 2054, 68
Fair Empl.Prac.Cas. (BNA) 341, 134 A.L.R. Fed. 649, 66 Empl. Prac. Dec.
P 43,611 (8th Cir.(Neb.), Jul 10, 1995)
Summary: Religious discrimination suit against private employer; no
governmental party nor governmental act challenged
1280-NA
Ghaly v. I.N.S., 58 F.3d 1425, 95 Daily Journal D.A.R. 8918 (9th Cir., Jul
06, 1995)
Summary: Immigration case
1281-NA
U.S. v. Saccoccia, 58 F.3d 754, 42 Fed. R. Evid. Serv. 355 (1st Cir.(R.I.),
Jun 28, 1995)
Summary: In money laundering criminal case, defendant alleged global
conspiracy between the Israeli intelligence services and the CIA and wanted
to find witnesses to testify that the building of Israeli religious schools is
financed by Hasidic Jews in the United States who engage in money
laundering; no religious liberty claims
1282-NA
Walker v. NationsBank of Florida N.A., 53 F.3d 1548, 68 Fair
Empl.Prac.Cas. (BNA) 314, 42 Fed. R. Evid. Serv. 566 (11th Cir.(Fla.), Jun
12, 1995)
Summary: Sex and age discrimination suit against private employer; no
religious element and no governmental party nor governmental act
challenged
1283-NA
Standing Committee on Discipline of U.S. Dist. Court for Cent. Dist. of
California v. Yagman, 55 F.3d 1430, 63 USLW 2773 (9th Cir.(Cal.), May
30, 1995)
Summary: Disciplinary proceedings were brought against attorney who
made statements criticizing judge, including accusing him of bias against
Jewish lawyers; no action of legislative or executive departments of
government challenged
1284-NA
Blanche Road Corp. v. Bensalem Tp., 57 F.3d 253 (3rd Cir.(Pa.), May 26,
1995)
Summary: Dispute with city by developer of industrial park; no religious
element
1285-NA
Huguley v. General Motors Corp., 52 F.3d 1364, 1995 Fed.App. 0132P (6th
Cir.(Mich.), May 01, 1995)
Summary: Race discrimination suit against private employer; no religious
element and no governmental party nor governmental act challenged
1286-NA
Omeluk v. Langsten Slip & Batbyggeri A/S, 52 F.3d 267, 1995 A.M.C.
1477 (9th Cir.(Wash.), Apr 14, 1995)
Summary: Admiralty claim against private party; no religious element and
no governmental party nor governmental act challenged
1287-NA
U.S. v. Brown, 49 F.3d 1162, 63 USLW 2597, 1995 Fed.App. 0101P (6th
Cir.(Tenn.), Mar 21, 1995)
Summary: Criminal case involving drive-by shootings at synagogue by
white supremacists; no religious liberty defenses offered
1288-NA
Shapiro v. Cadman Towers, Inc., 51 F.3d 328, 63 USLW 2599, 148 A.L.R.
Fed. 709, 9 A.D.D. 547, 6 NDLR P 183 (2nd Cir.(N.Y.), Mar 21, 1995)
Summary: Handicap discrimination claim against private parties; no
religious element and no governmental party nor governmental act
challenged
1289-NA
Crocker v. Piedmont Aviation, Inc., 49 F.3d 735, 63 USLW 2561, 148
L.R.R.M. (BNA) 2743, 311 U.S.App.D.C. 1 (D.C.Cir., Mar 03, 1995)
Summary: Claim by furloughed pilot against private airline; no religious
element and no governmental party nor governmental act challenged
1290-NA
Hadjimehdigholi v. I.N.S., 49 F.3d 642 (10th Cir., Mar 01, 1995)
Summary: Immigration case
1291-NA
Zahra v. Town of Southold, 48 F.3d 674 (2nd Cir.(N.Y.), Feb 21, 1995)
Summary: Building permit and building regulation dispute, including claim
of selective enforcement in violation of equal protection; no religious
element
1292-NA
DiBiase v. SmithKline Beecham Corp., 48 F.3d 719, 63 USLW 2520, 67
Fair Empl.Prac.Cas. (BNA) 58, 66 Empl. Prac. Dec. P 43,436, 19 Employee
Benefits Cas. 1005 (3rd Cir.(Pa.), Feb 16, 1995)
Summary: Age discrimination claim against private employer; no religious
element and no governmental party nor governmental act challenged
1293-NA
Hoover v. Wagner, 47 F.3d 845 (7th Cir.(Wis.), Feb 02, 1995)
Summary: Free speech claims by anti-abortion protestors; no clear religious
element and claim decided basically on comity grounds and not merits
1294-NA
Prasad v. I.N.S., 47 F.3d 336 (9th Cir., Feb 01, 1995)
Summary: Immigration case
1295-NA
Louisiana Debating and Literary Ass'n v. City of New Orleans, 42 F.3d
1483 (5th Cir.(La.), Jan 26, 1995)
Summary: Private clubs sued municipality, challenging constitutionality, as
applied, of ordinance prohibiting discrimination in places of public
accommodation; no religious element
1296-NA
Knapp v. Leonardo, 46 F.3d 170 (2nd Cir.(N.Y.), Jan 24, 1995)
Summary: Habeas case in which petitioner complained about trial being
held in church hall while courthouse was being renovated; although
petitioner had objected, it is not clear that any religious factor played any
signficant role; in any event, act was not that of legislative or executive
department of government
1297-NA
West v. Philadelphia Elec. Co., 45 F.3d 744, 63 USLW 2448, 66 Fair
Empl.Prac.Cas. (BNA) 1524 (3rd Cir.(Pa.), Jan 19, 1995)
Summary: Age discrimination claim against private employer; no religious
element and no governmental party nor governmental act challenged
1298-NA
Feminist Women's Health Center v. Codispoti, 69 F.3d 399, 95 Cal. Daily
Op. Serv. 8594, 95 Daily Journal D.A.R. 14,830 (9th Cir., Nov 07, 1995)
Summary: Motion to disqualify judge based on religious beliefs; no action
of legislative or executive departments of government
1299-NA
Singh v. Ilchert, 69 F.3d 375, 95 Cal. Daily Op. Serv. 8480, 95 Daily
Journal D.A.R. 14,627 (9th Cir.(Cal.), Nov 01, 1995)
Summary: Immigration case
1300-NA
Blanco v. I.N.S., 68 F.3d 642 (2nd Cir., Oct 20, 1995)
Summary: Immigration case
1301-NA
Flamer v. State of Del., 68 F.3d 710 (3rd Cir.(Del.), Oct 19, 1995)
Summary: In habeas petition, defendant knowingly and voluntarily waived
his Sixth Amendment right to counsel before he confessed, though police
officer who had questioned defendant told him that he would “burn in hell”
unless he talked about murders and that he had to talk to clear his
conscience, where defendant had 11th grade education and experience with
criminal justice system, he was repeatedly advised of his right to have
attorney present during questioning, and he was again advised of his rights
after his arraignment before he gave taped confession; there was no
evidence that police capitalized on any unusual susceptibility of defendant
to religious appeal, since defendant was not especially religious and did not
suffer from mental illness; in sum, no religious liberty claims appears to be
involved, not religious discrimination or oppression, but rather only whether
confession was voluntary
1302-NA
U.S. v. Levy-Cordero, 67 F.3d 1002, 43 Fed. R. Evid. Serv. 192 (1st
Cir.(Puerto Rico), Oct 16, 1995)
Summary: Discussing remarks by prosecutor in closing argument that every
man must decide whether to take side of good or evil, and that witnesses
decided to tell truth, and holding that this constituted improper witnessvouching, and by conjuring up images of religion, improperly appealed to
jurors to act other than as dispassionate arbiters of fact; but no religious
liberty claims involved or implicated, nor was religious discrimination
asserted; rather issue was whether jury was moved from impartiality
1303-NA
Kadic v. Karadzic, 70 F.3d 232, 64 USLW 2231 (2nd Cir.(N.Y.), Oct 13,
1995)
Summary: Suit against leader of non-recognized foreign entity for
violations of human rights (including rape) of religious minority under
Alien Tort Claims Act; no claim against United States or state government
or for actions of such governments
1304-NA
Mitev v. I.N.S., 67 F.3d 1325 (7th Cir., Oct 10, 1995)
Summary: Immigration case
1305-NA
Yniguez v. Arizonans for Official English, 69 F.3d 920, 64 USLW 2219, 66
Empl. Prac. Dec. P 43,726, 95 Cal. Daily Op. Serv. 7821, 95 Daily Journal
D.A.R. 13,447 (9th Cir.(Ariz.), Oct 05, 1995)
Summary: Challenge to state constitutional provision making English the
official language; no religious element
1306-NA
Estate of Hubert v. C.I.R., 63 F.3d 1083, 76 A.F.T.R.2d 95-6448, 95-2
USTC P 60,209 (11th Cir., Sep 12, 1995)
Summary: Estate tax case; no religious element
1307-NA
Masayesva v. Zah, 65 F.3d 1445, 95 Cal. Daily Op. Serv. 7157, 95 Daily
Journal D.A.R. 12,233 (9th Cir.(Ariz.), Sep 11, 1995)
Summary: Hopi tribal chairman brought action under Navajo-Hopi Land
Settlement Act of 1974 to determine Hopi rights and interests in land
conveyed by 1934 Act prescribing boundaries of Navajo reservation; issues
of concern include land with Hopi religious shrines; however, no religious
liberty claims adjudicated but instead resolution of land dispute between
two tribes in accordance with statutory standards
1308-NA
Ubau-Marenco v. I.N.S., 67 F.3d 750, 95 Cal. Daily Op. Serv. 6988, 95
Daily Journal D.A.R. 11,981 (9th Cir., Sep 05, 1995)
Summary: Immigration case
1309-NA
U.S. v. Kaye, 65 F.3d 240 (2nd Cir.(N.Y.), Sep 05, 1995)
Summary: Criminal sentencing case; no religious element
1310-NA
Firemen's Fund Ins. Co. v. Thien, 63 F.3d 754, 42 Fed. R. Evid. Serv. 1309
(8th Cir.(Mo.), Aug 22, 1995)
Summary: Insurance dispute in which court ruled that evidence that
survivors of air courier employee killed in airplane crash did not join in
state wrongful death action because of their religious beliefs was not
probative of issue of whether they were biased in action brought by
courier’s insurer for declaratory judgment that employee’s death fell under
fellow employee exclusion in liability policy; no religious liberty claims and
no governmental party nor governmental act challenged
1311-NA
Singh v. Ilchert, 63 F.3d 1501, 95 Cal. Daily Op. Serv. 6601, 95 Daily
Journal D.A.R. 11,313 (9th Cir.(Cal.), Aug 22, 1995)
Summary: Immigration case
1312-NA
Rezai v. I.N.S., 62 F.3d 1286 (10th Cir., Aug 14, 1995)
Summary: Immigration case
1313-NA
U.S. v. Capers, 61 F.3d 1100, 42 Fed. R. Evid. Serv. 1284 (4th Cir.(S.C.),
Aug 10, 1995)
Summary: Criminal case in which court simply mentions that one juror had
no philosophical or religious views on a matter; no religious liberty claims
1314-NA
Matter of Requested Extradition of Smyth, 61 F.3d 711, 95 Cal. Daily Op.
Serv. 5875, 95 Daily Journal D.A.R. 10,012 (9th Cir.(Cal.), Jul 27, 1995)
Summary: Extradiction claim involving foreign national; similar to
immigration case
1315-NA
U.S. v. Koreh, 59 F.3d 431 (3rd Cir.(N.J.), Jul 06, 1995)
Summary: Denaturalization case; similar to immigration case
1316-NA
Adhiyappa v. I.N.S., 58 F.3d 261, 1995 Fed.App. 0195P (6th Cir., Jun 28,
1995)
Summary: Immigration case
1317-NA
Ramos-Vasquez v. I.N.S., 57 F.3d 857 (9th Cir., Jun 16, 1995)
Summary: Immigration case
1318-NA
Zhang v. Slattery, 55 F.3d 732, 63 USLW 2741 (2nd Cir.(N.Y.), May 19,
1995)
Summary: Immigration case
1319-NA
Scholes v. Lehmann, 56 F.3d 750 (7th Cir.(Ill.), May 18, 1995)
Summary: Receiver for corporations owned by Ponzi scheme principal
brought fraudulent conveyance action against Ponzi scheme investor,
principal’s former spouse, and religious organizations that received funds
from corporations; while holding that fraudulent conveyance statute
included gifts and conveyances to religious organizations, court declined to
address constitutional challenge to fraudulent conveyance statute because it
had not been raised in district court
1320-NA
Church of God in Christ, Inc. v. Graham, 54 F.3d 522 (8th Cir.(Mo.), May
15, 1995)
Summary: National religious organization brought action against local
affiliate seeking control over affiliate’s property, and an injunction requiring
affiliate’s pastor to vacate pulpit; discussion of First Amendment concerns
in terms of justiciability; no challenge to act of legislative or executive
departments of government
1321-NA
Wilbur v. Harris, 53 F.3d 542, 149 L.R.R.M. (BNA) 2201 (2nd Cir.(N.Y.),
May 04, 1995)
Summary: Labor dispute involving public entity, including First
Amendment free speech concerns; no religious element
1322-NA
International Evangelical Church of Soldiers of the Cross of Christ v.
Church of Soldiers of the Cross of Christ of State of Cal., 54 F.3d 587 (9th
Cir.(Cal.), Apr 28, 1995)
Summary: International church brought action against California church for,
inter alia, unjust enrichment and fraud; decided on res judicata grounds; no
governmental party nor governmental act challenged
1323-NA
U.S. v. Michalek, 54 F.3d 325 (7th Cir.(Ill.), Apr 26, 1995)
Summary: Criminal sentencing appeal; no religious liberty issues
1324-NA
U.S. v. Frazier, 53 F.3d 1105, 42 Fed. R. Evid. Serv. 96 (10th Cir.(Utah),
Apr 20, 1995)
Summary: Criminal and sentencing appeal; no religious liberty issues
1325-NA
U.S. v. Springer, 51 F.3d 861 (9th Cir.(Nev.), Apr 03, 1995)
Summary: Anti-nuclear weapons protestor was prosecuted for failure to
surrender for jail sentence in prior protest and claimed right of civil
resistance based on need to engage in further protest; although there is one
reference to “moral, political, or religious belief” as being insufficient to
justify violating the law, there is no clear indication protest was religious
and no religious liberty claim is addressed
1326-NA
Anton v. I.N.S., 50 F.3d 469 (7th Cir., Mar 23, 1995)
Summary: Immigration case
1327-NA
Pueblo of Sandia v. U.S., 50 F.3d 856 (10th Cir.(N.M.), Mar 14, 1995)
Summary: Native American tribe and various environmental groups filed
suit for declaratory and injunctive relief against United States and Forest
Service supervisor, asserting violation of National Historic Preservation Act
(NHPA) concerning Forest Service's evaluation of canyon area; although
site apparently had religious significance, decision is based upon this
historical statute and not religious liberty claim
1328-NA
Simmons v. Poe, 47 F.3d 1370, 31 Fed.R.Serv.3d 451 (4th Cir.(Va.), Mar
01, 1995)
Summary: Black suspect brought civil rights action challenging his seizure
pursuant to search warrant that was based in part on rape suspect profile that
included race component; no religious element
1329-NA
Waters v. Thomas, 46 F.3d 1506 (11th Cir.(Ga.), Feb 27, 1995)
Summary: Habeas petition in capital case, in which in course of discussing
ineffective assistance of counsel claim, it is mentioned that defense counsel
put witnesses on the stand who described defendant as a nice, quiet,
religious, trustworthy man, who cried uncontrollably with remorse for what
he had done, and would cooperate with authorities; no religious liberty
claims
1330-NA
Kazlauskas v. I.N.S., 46 F.3d 902 (9th Cir., Jan 27, 1995)
Summary: Immigration case