18. Food.

U.S. Appeals Court RELIGIOUS DIET

Beerheide v. Suthers, 286 F.3d 1179 (10th Cir. 2002). Three state prisoners who were Orthodox Jews brought a [section] 1983 action against prison officials based on the officials' failure to provide them with free kosher meals. The district court granted a permanent injunction and the officials appealed. The appeals court affirmed, finding that failure to provide free kosher meals violated the First Amendment, and that a proposal under which the prisoners would be required to make a 25% co-payment for the cost of providing such meals was not rationally related to the legitimate penological concerns of cost and abuse. The court also found that the officials' alternative proposals that the prisoners buy their kosher meals at the prison canteen, or have the Jewish community provide the meals, were not reasonable. (Freemont Correctional Facility, Colorado)

U.S. District Court FOOD

Carlyle v. Aubrey, 189 F.Supp.2d 660 (W.D.Ky. 2001). A former prisoner brought a [section] 1983 action against a county jail alleging Eighth Amendment violations. The district court granted summary judgment in favor of the defendants. The court held that the prisoner was not subjected to unconstitutional conditions of confinement, even though water service in his cell was broken, he was forced to sleep on the floor, and he was fed only a bologna sandwich. The prisoner had...