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Prisoner Entitled to Religious Diet
Warren Bass is a New York state prisoner who filed suit under § 1983 after being denied a diet of meals prepared in accordance with his religious beliefs. The defendant prison officials moved for summary judgement on the basis of qualified immunity from money damages. The district court denied their motion and they appealed. In a very brief opinion the Court of Appeals for the Second Circuit affirmed the lower court ruling.
The appeals court notes that prison officials must provide prisoners with diets consistent with their religious beliefs. This right was established in the Second Circuit in Kahane v. Carlson, 527 F.2d 492 (2nd Cir. 1975) and has never been overruled and remains the law.
Prison officials tried to argue that US Supreme Court decisions in O'Lone v. Estate of Shabazz, 482 US 342, 107 S.Ct 2400 (1987), and Turner v. Safely, 482 US 78, 107 S.Ct 2254 (1987), had placed doubt on the Kahane ruling. The appeals court quickly dismissed that theory. See: Bass v. Coughlin, 976 F.2d 98 (2nd Cir. 1992).
The appeals court notes that prison officials must provide prisoners with diets consistent with their religious beliefs. This right was established in the Second Circuit in Kahane v. Carlson, 527 F.2d 492 (2nd Cir. 1975) and has never been overruled and remains the law.
Prison officials tried to argue that US Supreme Court decisions in O'Lone v. Estate of Shabazz, 482 US 342, 107 S.Ct 2400 (1987), and Turner v. Safely, 482 US 78, 107 S.Ct 2254 (1987), had placed doubt on the Kahane ruling. The appeals court quickly dismissed that theory. See: Bass v. Coughlin, 976 F.2d 98 (2nd Cir. 1992).
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Related legal case
Bass v. Coughlin
| Year | 1992 |
|---|---|
| Cite | 976 F.2d 98 (2nd Cir. 1992) |
| Level | Court of Appeals |
Bass v. Coughlin, 976 F.2d 98 (2nd Cir. 09/24/1992)
[1] UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
[2] Docket No. 91-2602
[4] decided: September 24, 1992.
[5] WARREN BASS, PLAINTIFF-APPELLEE,
v.
THOMAS A. COUGHLIN, III, RAYMOND BROADDUS, EARL D. MOORE, JAMES J. PLESCIA, GLORIA BUTLER-CONRAD, AND JOHN GLASHEEN, DEFENDANTS-APPELLANTS.
[6] Appeal from an order of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, denying defendants' motion for summary judgment on the ground of qualified immunity in connection with denial of plaintiff's requests for meals prepared in accordance with his religious beliefs.
[7] WARREN BASS, Plaintiff-Appellee pro se.
[8] ROBERT ABRAMS, Attorney General of the State of New York, Albany, New York (Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Martin A. Hotvet, Assistant Attorneys General, Albany, New York, of counsel), for Defendants-Appellants.
[9] Before: Kearse, Pratt and Mclaughlin, Circuit Judges.
[10] Author: Per Curiam
[11] Per Curiam:
[12] Defendants Thomas A. Coughlin, III, et al., New York State prison officials, appeal from an order of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, denying their motion for summary judgment on the ground of qualified immunity in connection with their rejection of requests in 1989 and 1990 by plaintiff Warren Bass, a prisoner, for meals prepared in accordance with the dietary laws of his religion. Defendants contend that though the state of the law requiring compliance with such requests had once been clear, it was beclouded by subsequent Supreme Court decisions. We disagree. At least as early as 1975, it was established that prison officials must provide a prisoner a diet that is consistent with his religious scruples. See Kahane v. Carlson, 527 F.2d 492 (2d Cir. 1975). Kahane has never been overruled and remains the law. See, e.g., Benjamin v. Coughlin, 905 F.2d 571, 579 (2d Cir.), cert. denied, 112 L. Ed. 2d 335, 111 S. Ct. 372 (1990). The principle it established was not placed in any reasonable doubt by intervening Supreme Court rulings in O'Lone v. Estate of Shabazz, 482 U.S. 342, 96 L. Ed. 2d 282, 107 S. Ct. 2400 (1987), and Turner v. Safley, 482 U.S. 78, 96 L. Ed. 2d 64, 107 S. Ct. 2254 (1987), that prison officials need meet less exacting standards when a prisoner's interest in marrying, or attending religious ceremonies, or maintaining the length of his hair is to be balanced against interests of rehabilitation and prison security.
[13] Accordingly, we affirm the denial of defendants' summary judgment motion substantially for the reasons stated in the district court's opinion published at F. Supp. (N.D.N.Y. Dec. 7, 1991).
[14] Disposition
[15] Affirmed.
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[1] UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
[2] Docket No. 91-2602
[4] decided: September 24, 1992.
[5] WARREN BASS, PLAINTIFF-APPELLEE,
v.
THOMAS A. COUGHLIN, III, RAYMOND BROADDUS, EARL D. MOORE, JAMES J. PLESCIA, GLORIA BUTLER-CONRAD, AND JOHN GLASHEEN, DEFENDANTS-APPELLANTS.
[6] Appeal from an order of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, denying defendants' motion for summary judgment on the ground of qualified immunity in connection with denial of plaintiff's requests for meals prepared in accordance with his religious beliefs.
[7] WARREN BASS, Plaintiff-Appellee pro se.
[8] ROBERT ABRAMS, Attorney General of the State of New York, Albany, New York (Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Martin A. Hotvet, Assistant Attorneys General, Albany, New York, of counsel), for Defendants-Appellants.
[9] Before: Kearse, Pratt and Mclaughlin, Circuit Judges.
[10] Author: Per Curiam
[11] Per Curiam:
[12] Defendants Thomas A. Coughlin, III, et al., New York State prison officials, appeal from an order of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, denying their motion for summary judgment on the ground of qualified immunity in connection with their rejection of requests in 1989 and 1990 by plaintiff Warren Bass, a prisoner, for meals prepared in accordance with the dietary laws of his religion. Defendants contend that though the state of the law requiring compliance with such requests had once been clear, it was beclouded by subsequent Supreme Court decisions. We disagree. At least as early as 1975, it was established that prison officials must provide a prisoner a diet that is consistent with his religious scruples. See Kahane v. Carlson, 527 F.2d 492 (2d Cir. 1975). Kahane has never been overruled and remains the law. See, e.g., Benjamin v. Coughlin, 905 F.2d 571, 579 (2d Cir.), cert. denied, 112 L. Ed. 2d 335, 111 S. Ct. 372 (1990). The principle it established was not placed in any reasonable doubt by intervening Supreme Court rulings in O'Lone v. Estate of Shabazz, 482 U.S. 342, 96 L. Ed. 2d 282, 107 S. Ct. 2400 (1987), and Turner v. Safley, 482 U.S. 78, 96 L. Ed. 2d 64, 107 S. Ct. 2254 (1987), that prison officials need meet less exacting standards when a prisoner's interest in marrying, or attending religious ceremonies, or maintaining the length of his hair is to be balanced against interests of rehabilitation and prison security.
[13] Accordingly, we affirm the denial of defendants' summary judgment motion substantially for the reasons stated in the district court's opinion published at F. Supp. (N.D.N.Y. Dec. 7, 1991).
[14] Disposition
[15] Affirmed.
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