Prisoner – RLUIPA Violation

Listen to this article

7^th Circuit Court of Appeals

Case Name: Roman Lee Jones v. Robert E. Carter, Jr. Commissioner, Indiana Department of Correction

Case No.: 17-2836

Officials: WOOD, Chief Judge, and ROVNER and BRENNAN, Circuit Judges.

Focus: Prisoner – RLUIPA Violation

While a serving of meat from a prison kitchen would not prompt most Americans to run to a federal courthouse, it raises a critical problem for Indiana inmate Roman Lee Jones. Jones adheres to a sect of Islam that requires its members to follow a diet that regularly includes halal meat. It would not cost the state of Indiana a single penny to provide Jones with the diet he has requested. The only question before us in this appeal is whether Indiana’s refusal to provide Jones with meat substantially burdens his exercise of religion under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc-1. We hold that it does.

On appeal, the DOC does not contest the sincerity of Jones’s belief or the district court’s finding that the DOC lacked a sufficient justification for its treatment of Jones. The sole issue the DOC raises is whether the district court erred in holding that Jones was substantially burdened by the vegetarian kosher diet when, as the DOC argues, he could have purchased the halal meat he needs to supplement his diet at the prison commissary. The DOC characterizes Jones’s lack of meat as the result of “his own spending choices,” not the result of any DOC action. It urges us to find that nothing less than the coercive pressure of the choice between violating his religion and facing starvation qualifies as a substantial burden under RLUIPA.

The DOC’s final pitch is that it should not have to “subsidize” or “underwrite” Jones’s religious diet. Perhaps it fears escalating costs. It did not, however, appeal the question of the state’s interest. The district court held that on this record, DOC did not demonstrate that any such risk exists, and we have no reason to take issue with its conclusion. This is not a class action, and Jones is asking only to receive the same kosher trays that DOC is already providing to other inmates. If enough other inmates come along and express the same religiously based need, then the state always has the option of adding halal or kosher meat to its new kitchens (if that appears to be the cost-effective way to handle the issue). But that is not our case, and we see no reason to opine on a hypothetical situation. That forbearance is especially appropriate given the fact that Jones’s belief that eating meat is a requirement for devout Muslims appears to be a minority view within Islam. We AFFIRM the judgment of the district court.

Affirmed

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.