On review, the district court rejected the R & R ruling that (1) a showing of burden under
RLUIPA was not raised by the MDOC and was thus not before the court and (2) that the question of "less restrictive" means is a question of fact precluding summary judgment at this stage of the proceedings. The MDOC had conceded that the Kosher meals were available and were only denied based on a failure to comply with the one year review policy.
See: DuJardine v. MDOC, Case No.1: 07-cv-701 (D. C. W.D. Mich. December 23, 2008).
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Related legal case
DuJardine v. MDOC
|Cite||Case No.1: 07-cv-701 (D. C. W.D. Mich. December 23, 2008)|