SIOUX FALLS - A federal judge should dismiss a lawsuit filed by an inmate seeking a toy sword and other privileges for the practice of an ancient European religion, the lawyer for state officials argued in court documents.

Darrell Hoadley of Lead, who was convicted of murder for his part in the 2000 slaying of Chester Allan Poage near Spearfish, filed the handwritten complaint in February in U.S. District Court.

He listed himself as counsel elder of the Asatru religious group.

Hoadley said he's suing prison staff because they have denied some of his requests while members of other religions have received similar privileges.

Defendants include Warden Doug Weber, Associate Warden Dennis Block and Cultural Activities Coordinator Jennifer Wagner.

In a brief filed recently in support of a motion to dismiss, attorney Jeffrey Bratkiewicz of Sioux Falls argued that Hoadley hasn't proven he's a member of the Asatru religion and hasn't clearly given a constitutional claim against the defendants or shown unconstitutional conduct.

Hoadley has also not shown how Department of Corrections policies affect him personally and he's suing over some liberties already afforded Asatru followers or denied because of a previous legal settlement, Bratkiewicz argued.

"His project applications were hopelessly vague, speculative and too outrageous to merit serious consideration. For example, Hoadley asked that the Asatru group be allowed to purchase and consume horse meat, but provided no credible information regarding where this would be obtained or the cost," he wrote.

The same argument applies to his request for a toy sword, Bratkiewicz argued.

Hoadley's lawsuit asks for 23 ritual items, 10 reference materials and other requests, including visits from people who also practice the religion.

Many of the items already are included in a DOC list of property that inmates may have in their cell or in the religious storage area.

Among those items: Rune cards and tiles, altar and cloth, wooden wand, ritual drinking horn, apple juice, blessing bowl, candles and holders, feather fan, wooden hammer, drum, abalone shell, evergreen twig and dragon's blood resin, a type of incense.

Other requests include an outside area with a tree and a sauna, special foods and privileges for religious holidays and a time once a week for studies, in addition to the one already allowed for rituals.

Some religious experts consider Asatru a pagan religion that can be interpreted as encouraging violence. It's becoming popular among prison inmates, one of whom was executed last summer in Virginia for killing a fellow prisoner at the foot of an altar.

Hoadley and two other men beat and stabbed Poage, tried to drown him by stepping on his neck and finally ended his life after 2 1/2 hours by dropping basketball-sized rocks on his head.

Though Hoadley opted to stand trial for Poage's killing, the other co-defendants pleaded guilty and were sentenced to death. Briley Piper of Anchorage, Alaska, is appealing the sentence. Elijah Page of Athens, Texas, has ended his appeals and is scheduled to be executed the week of July 9.