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Inmate Religious Diets

Last post 03-22-2007 3:00 PM by deb worster. 6 replies.
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  • Inmate Religious Diets
    02-14-2007 9:15 AM
    Reply Contact

    Good morning. I'm new at this, so please bear with me! I have requested entry into the "religious" area of the board and I'm awaiting approval. However, my bosses want an answer ASAP so I thought I would try here. My question is, do we legally have to provide special diets to inmates based on religion? We try to accomodate where we can. For example, we waited until after dark to feed our muslim inmates during Ramadan. Now, we seem to be getting more request for different diets for different religions. I have one inmate now who says he can't have beef, pork, chicken, fish and pretty much anything else we stock (as a "main course") I checked his religion on the internet and what he says, is true. Do we have to order different food to accomodate this one inmate? We don't want to deny anyones legal rights but we have over 1,200 inmates and I fear this could be the start of a huge headache. Any information/insight would be greatly appreciated. Thanks!

                                                    Rob

  • Re: Inmate Religious Diets
    02-14-2007 9:31 AM
    Reply Contact

    Our facility was running into a similar problem and solved most issues by going to turkey meat product items.  Hot dogs, bacon, lunchmeat, etc. are all made with turkey.  When we do have an inmate claiming religious specifications, we contact the leader of their church and discuss the parameters with them.  We have found, most times, that the inmate is twisting things in order to get a special meal and that they are not part of their religious practice. 
    Lt. Megan Mercado
    Lake County Sheriff
    20 S. County St.
    Waukegan, IL 60085
    (847)377-4135
  • Re: Inmate Religious Diets
    02-14-2007 10:19 AM
    Reply Contact

    The First Amendment gives inmates the right to have a diet consistent with their religious beliefs.  I recently attended a legal issues update where I learned if the inmate's dietary request is "sincere" you may need to provide the diet - even if the religion doesn't mandate it!   Please contact me for additional case law information and other helpful materials pertaining to religious diets. You can request this information from http://www.nicic.org/ResearchAssistance

    Sandy Schilling
    NIC Information Center

     

     

    Today's Jails
  • Re: Inmate Religious Diets
    02-20-2007 1:13 PM
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    You are required to under the civil rights act. The inmates, as well as you, are guarrentied their religious diet as part of the practice of their faith.
    LT. Robert Eastlund
    Commander
    Bureau Hearing Unit Inmate Discipline and Grievance
    Maricopa County Sheriff"s Office
    Phoenix, AZ.
  • Re: Inmate Religious Diets
    02-21-2007 9:44 AM
    Reply Contact

    Thank you all very much for your replies and insights. It's pretty neat to get the perspectives of people all over the country. (I'm in Butler County, Ohio) Here is what we have decided to do. Since most of the religious diets prohibit some or all kinds of meat, we are going to offer a strict vegetarian tray to these inmates. Of course, meeting the minimum calorie count, but it will be all veggies. I'm curious as to what you all serve in these situations? And if our way of doing it sounds within legal and religious rights. Again, your information is much appreciated! Thanks

                                                                                                                                                                                         Rob

     

  • Re: Inmate Religious Diets
    03-19-2007 7:42 AM
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    • Donadler

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    I am not entirely convinced that every request for a religious diet needs to be approved. The following quotes are from some different court cases I found reported on the internet.

    "Two federal appeals courts have previously recognized the right of a Jewish inmate to receive a kosher diet: Kahey v. Jones, 836 F.2d 948 (5th Cir. 1988), and Ward v. Walsh, 1 F.3d 873 (9th Cir. 1993). As the court above noted, however, the right, as recognized in Ward was not a "per se entitlement," with the Ward court ordering proceedings to determine whether the prison's legitimate interests justified denial of kosher meals." Emphasis added.

    "There was a genuine issue of fact as to whether it would be cost prohibitive to prepare meat portion of meals for Muslim prisoners according to the "Halal" dietary restrictions as compared to the cost of preparing Kosher meals for Jewish prisoners, barring summary judgment in Muslim prisoners' lawsuit. Because of existing case law, however, suggesting that prison officials sufficiently complied with Muslim prisoners' religious rights by merely providing a vegetarian or pork-free diet, defendant prison officials were entitled to qualified immunity from liability for money damages. Hudson v. Maloney, 326 F. Supp. 2d 206 (D. Mass. 2004). " Emphasis added.

    Prison's refusal to accommodate an inmate's request for a special religious diet did not violate the First Amendment when the prisoner was provided with an adequate diet to maintain good health even if the items which violated his religious dietary restrictions were not eaten. The First Amendment requires that prison officials provide an inmate with food that is adequate without violating his religious dietary restrictions. Alexander v. Carrick, #00-1261, 31 Fed. Appx. 176 (6th Cir. 2002) Emphasis added.

    when the prisoner was provided with an adequate diet to maintain good health even if the items which violated his religious dietary restrictions were not eaten. The First Amendment requires that prison officials provide an inmate with food that is adequate without violating his religious dietary restrictions. Alexander v. Carrick, #00-1261, 31 Fed. Appx. 176 (6th Cir. 2002) Emphasis added.

    "A prison regulation that impinges on inmates' constitutional rights is valid if it is reasonably related to legitimate penological interests. See , 482 U.S. 78, 89 (1987); O'Lone v. Estate of Shabazz, 482 U.S. 342, 349 (1987). "

    "Inmate in Wisconsin county jail failed to show that sheriff was involved in the alleged refusal to provide him, as an Orthodox Jew, with kosher meals, or that the jail had a policy of refusing such requests. His claim for money damages against the State of Wisconsin were also barred, first because he failed to show that the State was involved in any way in denying him the kosher meals, and secondly because claims against the state for money damages were barred by Eleventh Amendment immunity. The court also rejects arguments that the prisoner had a right to be involved in supervising how his meals were prepared, or that the jail had to spend additional funds to purchase prepackaged kosher meals for him. Andreola v. Wisconsin, No. 06-1491, 2006 U.S. App. Lexis 31210 (7th Cir.)."

    It appears that if there is a legitimate penological reason to deny a religious diet it can be done, based on the standards of Turner v. Safley, etc., so that the blanket statement that all religious diets must be given may not be accurate. Having neither a law degree nor having slept in a Holiday Inn Express recently, this is just my humble opinion. Discussing this with your county attorney may be your best bet.

     

  • Re: Inmate Religious Diets
    03-22-2007 3:00 PM
    Reply Contact

    our prison runs religious diet requests through the chaplain.  I will try and remember to copy the PPD for this (am writing from home and the PPD's of course are at work)

    I can tell you as a vegetarian that meals that contain grains, eggs, dairy, textured soy granules (think hamburg) will add to the protein content.  Peanut butter is a once a week lunch at the prison and is a good source of protein.  Of course not all vegetarian meals may be acceptable for all vegetarians ie - my spiritual practice forbids eating eggs and you would be surprised at how often that is an ingredient in everything from cake mix to egg noodles, to mayonaise etc.  perhaps consulting the idiot's guide to vegetarianism (or something similar) could increase the options inexpensively.  who knows maybe the soy granules are cheaper than hamburg and  some meals would not require separate cooking. 

    for the few Orthodox Jews, I believe the food manager found a relatively inexpensive frozen kosher meal.  will try and research that as well

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