New Hampshire Prison Authorities Enjoined from Denying Kosher Diet to Observant Orthodox Jew
New Hampshire Prison Authorities Enjoined from Denying Kosher Diet to Observant Orthodox Jew
In May 2007, a Federal District Court enjoined New Hampshire prison authorities from denying a kosher diet to an observant Orthodox Jew as a penalty for isolated dietary infractions.
In November 2006, New Hampshire prisoner Albert Kuperman, an Orthodox Jew, filed suit in Federal court alleging inter alia, that he was being prevented from practicing his faith because, on three separate occasions, prison officials, acting pursuant to prison policy, suspended his participation in the Kosher diet program for six months as a penalty for eating non-kosher foods. Kuperman claimed that prison officials thereby violated his First Amendment Rights, as well as his rights under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc et seq. (RLUIPA).
On Kuperman’s motion for injunctive relief, the court evaluated the merits of Kuperman’s claim under the highly-deferential-to-prison-official standards of Turner v. Safley, 482 U.S. 78 (1987). It found that the policy at issue does not have a valid and rational connection to legitimate penological objectives, at least as applied to someone like Kuperman, where religious beliefs are unquestioned.
In a thoughtful analysis, the Court reasoned: “If a diabetic inmate were placed on a medically appropriate diet, and was then caught purchasing a candy bar from the canteen, the prison would not be justified in removing the inmate from his medical diet and forcing him to eat a high sugar diet for six months for the violation. Similarly, an inmate eating an extra helping or unauthorized item isn’t restricted to bread and water for six months. These inmates may be legitimately punished for violating prison rules, but they are not removed from the diet that the inmate must try to maintain. Similarly, a regulation that imposed punishment, such as a lack of canteen privileges, or the necessity of eating in one’s cell, or even a period of time in segregation, for violating a Kosher diet, would serve to deter the insincere from getting a Kosher diet, but would also allow those with a sincerely held religious belief to be punished for their mistakes without disallowing their religious practice.” See: Kuperman v. Warden, NH State Prison, U.S.D.C. (D.C. N.H.), Case no. 06-cv-00420-JD.
Sources: Kuperman v. Warden, NH State Prison, U.S.D.C. (D.C. N.H.), Case no. 06-cv-00420-JD, Order, May 11, 2007; Report and Recommendation, April 18, 2007; Complaint, Nov. 9, 2006
Related legal case
Kuperman v. Warden, NH State Prison
| Year | 2007 |
|---|---|
| Cite | U.S.D.C. (D.C. N.H.), Case no. 06-cv-00420-JD |
| Level | District Court |