DOC violated religious rights in denying kosher meals

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A federal judge has found the Indiana Department of Correction was wrong to stop serving kosher meals to those whose religious practices required them to eat the specially prepared meals.

U.S. District Judge Jane Magnus-Stinson found this week the DOC violated the Religious Land Use and Institutionalized Persons Act by denying kosher meals to inmates who request them for religious reasons. Maston Willis filed a suit, which became a class action, against the commissioner of the DOC; Dr. Stephen Hall, the director of religious services for the DOC; and Chaplain Merle Hodges at the Miami Correction Facility.

Willis is an orthodox Jew and he and others who kept kosher were able to receive the more costly pre-packed kosher meals at lunch and dinner. Those requiring special diets were given diet cards. Breakfast wasn’t made with kosher ingredients or prepared by kosher standards, so Willis did not eat it. In an effort to reduce costs, the DOC instituted a policy that required those with diet cards to eat at least 75 percent of their special diet meals.

Since Willis did not eat breakfast, his kosher diet privileges were revoked for falling below the 75 percent threshold. Then, the DOC discontinued pre-packaged kosher meals and began offering vegan meals for those requesting the special diet, as the vegan meals didn’t cost any extra to prepare by the company contracted by the DOC.

Grievances filed by Willis were denied, and he filed this suit, Maston Willis, et al., v. Commissioner, Indiana Department of Correction, et al., No. 1:09-CV-815. Judge Magnus-Stinson ruled in favor of Willis and the class in granting summary judgment on their complaint that denying them kosher meals violated the RLUIPA. Keeping kosher constitutes religious exercise under the act and the DOC substantially burdened the plaintiffs’ religious exercise when it denied them kosher food.

The DOC argued it had a compelling government interest to keep costs down and that’s why it cut the kosher meals, but increasing costs alone are not a compelling government interest, wrote the judge. This would also contravene 7th Circuit Court of Appeals precedent as ruled in Koger v. Bryan, 523 F.3d 789, 796 (7th Circ. 2008). She also found serving vegan meals is not the least restrictive means of achieving the compelling government interest; the DOC didn’t show that reasonable alternatives don’t exist and never considered whether there were less expensive kosher venders or the costs of creating a kosher kitchen at a DOC facility.

Judge Magnus-Stinson also found in Willis’ favor on his individual claim for declaratory relief under RLUIPA. Willis’ First Amendment rights were violated because the DOC’s enforcement of the policy against him failed each prong of the Turner test in determining the extent of inmates’ First Amendment rights. Also, since a First Amendment violation was found, a RLUIPA violation also exists, the judge noted.

She granted summary judgment in favor of Hall in Willis’ nominal damages claim, finding Hall not liable for damages. Judge Magnus-Stinson granted summary judgment for Willis in his suit for nominal damages against Hodges because he didn’t dispute Willis’ assertion that he knowingly violated Wills’ First Amendment rights when he confiscated Willis’ meal card.

Judge Magnus-Stinson ordered a hearing on the scope of injunctive relief on Nov. 30 because neither party has presented cogent argument as to whether an injunction should be issued nor illustrated what the injunction would entail.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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