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Court of Appeals reverses and remands inmate’s request for kosher meals

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A Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department of Correction, but his request for kosher meals will get a second review.   

The Indiana Court of Appeals affirmed in part, reversed in part and remanded a lower court’s summary judgment for the Indiana Department of Corrections which resulted in the dismissal of the complaint made by inmate Jeffrey Allen Rowe.

In Jeffrey Allen Rowe V. Bruce Lemon, A49A02-1204-PL-344, the issues before the COA were whether the inmate is entitled to pursue monetary damages against the defendants under either 42 U.S.C. 1983 or the Religious Land Use and Institutionalized Persons Act (RLUIPA) and whether there is a genuine issue of material fact precluding summary judgment on Rowe’s claims under RLUIPA.   

On Jan. 19, 2011, Rowe filed an “Offender Request for Religious Accommodation” asking that he be provided kosher meals. He is not Jewish but professes to believe in “Identity Christianity” and maintains God commanded that followers adhere to the Biblical food laws in Leviticus 11 and Deuteronomy 14. These are the rules that kosher diets follow.

After Rowe’s request and subsequent appeals were denied, he filed a complaint against DOC officials and the commissioner seeking compensatory, punitive, and nominal damages as well as a declaratory judgment injunction requiring that he be served kosher meals. The complaint invoked RLUIPA and 42 U.S. C. 1983 for alleged violations of his constitutional rights under the Free Exercise and Establishment Clauses of the First Amendment to the U.S. Constitution and the Equal Protection Clause of the 14th Amendment.    

The COA affirmed the grant of summary judgment against Rowe on his constitutional claims. It did not review Rowe’s Section 1983 constitutional claims because the remedies to which the inmate would be entitled are virtually identical to RLUIPA.  

However, the COA did reverse the grant of summary judgment against Rowe on his claims under RLUIPA because there is a genuine issue of material fact regarding the sincerity of his religious beliefs. The court remanded for further proceedings on those claims.




 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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