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ACLU says DOC should be held in contempt over kosher meals

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The American Civil Liberties Union of Indiana is asking a federal judge to hold the state’s Department of Correction in contempt for not offering inmates kosher meals as it had been ordered to do a year ago.

On behalf of four Indiana prisoners, the ACLU-Indiana filed a motion Thursday in the case of Matson Willis, et al. v. Commissioner, Indiana Department of Correction, et al, No. 1:09-cv-815 JMS-DML, alleging that the DOC isn’t complying with a December 2010 decision by U.S. Judge Jane Magnus-Stinson requiring that kosher diets be provided to prisoners whose religious beliefs require a kosher diet.

The motion comes after Magnus-Stinson’s ruling last year that state prison officials were violating the Religious Land Use and Institutionalized Persons Act by denying the kosher meals to inmates who requested them. The class-action lawsuit against the DOC commissioner, the religious services director and officials at the Miami Correctional Facility was filed after grievances by Matson Willis, an Orthodox Jew who kept kosher, were denied.

The DOC claimed it had a compelling government interest to keep costs down and that is why it stopped serving kosher meals, but the federal judge disagreed. Willis and others were awarded nominal damages in the amount of $60 and the DOC was ordered to provide “certified kosher meals to all inmates who, for sincerely held religious reasons, request them in writing.”

Although the DOC appealed, the state dropped that appeal before the 7th Circuit in May after the DOC agreed to start offering kosher meals to inmates.

That is not being happening, according to ACLU-Indiana legal director Ken Falk. He said the prisoners seeking enforcement of the court’s judgment have diverse religious beliefs and reside in correctional facilities in Michigan City, Pendleton and Putnamville.

“The court's judgment in this case is clear, and the DOC is not free to disregard it,” Falk said. “The DOC does not have the right to deny these prisoners an intrinsic element of their religious beliefs.”
 

 


 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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