Kashrut -- Prisons

1. U.S. v. Huss
   

   394 F.Supp. 752 (1974)

   • Prisoner who did not keep kosher before conviction is not entitled to kosher food in jail.


2. Kahane v. Carlson
   

   527 F.2d 492 (2nd Cir. 1975)

   • Penal institutions' right to restrict prisoners' freedom does not include right to deprive prisoner of kosher food.


3. United States v. Kahane
   

   396 F.Supp 687 (E.D.N.Y. 1975)

   • To deprive prisoner of Kosher food would violate religious freedom and would be cruel and unusual punishment.


4. United States v. Shlian
   

   396 F.Supp. 1204 (E.D.N.Y. 1975)

   • If prisoner could receive from main cafeteria extra servings of permitted foods, he is not entitled to special kosher food.


5. Ashelman v. Wawraszek
   

   Nos. 95-15071 and 95-15168 (9th Cir., 1997)

   • Arizona's policy of providing Orthodox Jewish prisoners with one Kosher meal per day plus nonkosher alternatives is found to violate the prisoners' rights under the First Amendment Free Exercise Clause.


6. Searles v. Van Bebber
   

   993 F. Supp. 1350 (D. Kan. 1998), Case No. 96-3515-KHV. Dated January 7, 1998. Opinion by J. Kathryn H. Vratil.

   • Transfer prisoner who had converted to Judaism at previous institutions and who upon transfer to a new facility was denied Kosher food for a four month period stated claim for violation of free exercise of religion by prison officials.


7. Doswell v. Smith
   

   139 F.3d 888, 1998 U.S. App. LEXIS 4644 (4th Cir. 1998), No. 94-6780. Dated March 13, 1998. Opinion by J. Phillips. Concurring opinion by J. Widener. Note: Decision published without opinion. Full text of opinion reported in 1998 U.S. App. LEXIS 4644.

   • Prisoner; right to Kosher food; sincerity of religious belief is not to be determined by proper understanding of the religious tenet; district court applied incorrect test.


8. Beerheide v. Zavaras
   

   997 F. Supp. 1405 (D. Colo. 1998), Consolidated Civil Case Nos. 95-B-2325, 95-B-2326, and 95-B-2481. Dated March 16, 1998. Opinion by J. Lewis T. Babcock.

   • Jewish inmates entitled to preliminary injunction ordering Colorado prison officials to provide kosher T.V. dinners.


9. Ramsey v. Coughlin
   

   1 F. Supp. 2d 198 (W.D.N.Y. 1998). Dated March 31, 1998. Opinion by J. Leslie G. Foschio. On remand from the United States Court of Appeals for the Second Circuit, Ramsey v. Coughlin, 94 F.3d 71 (2d Cir. 1996).

   • "Denial to prisoner of kosher food does not violate First Amendment where prisoner adopted Jewish practice but was not Jewish and had not converted to Judaism."


10. Johnson v. Horn
    

    150 F.3d 276 (3d Cir. 1998), Nos. 97-3581, 97-3582. Dated July 28, 1998. Opinion by J. Aldisert.

    • Kosher meals for prisoners; while Jewish inmates in state prison system may have had a constitutional right to kosher meals provided to them at state expense; they were not entitled to hot kosher meals, even though prison policy provided that all inmates shall receive two hot meals a day; qualified immunity of prison officials.


11. Beerheide v. Suthers
    

    82 F. Supp. 2d 1190 (D. Colo. 2000)

    • Court enters permanent injunction requiring state prison to provide inmates kosher meals at no cost to the inmates; court examines sincerity of prisoners' religious beliefs; one inmate was not Jewish according to Orthodox Jewish law and was not raised in the Jewish faith and one inmate, although clearly Jewish, was nonobservant prior to incarceration; court questions cost estimates put forward by prison officials and strikes down proposal that prisoners bear up to 25% of the increased cost to the prison.

DISCLAIMER