ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.




 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT