Hayes v. Bruno

171 F. Supp. 3d 22, 2016 U.S. Dist. LEXIS 35996, 2016 WL 2944525
CourtDistrict Court, D. Connecticut
DecidedMarch 21, 2016
DocketCivil No. 3:14-cv-1203 (AWT)
StatusPublished
Cited by3 cases

This text of 171 F. Supp. 3d 22 (Hayes v. Bruno) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayes v. Bruno, 171 F. Supp. 3d 22, 2016 U.S. Dist. LEXIS 35996, 2016 WL 2944525 (D. Conn. 2016).

Opinion

RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [Doc. #72] AND PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION [Doc. #91]

Alvin W. Thompson, United States District Judge

Plaintiff Steven Hayes commenced this action by complaint against defendants Anthony Bruno, Edward Maldonado, Angel Quiros, Karl Lewis, Monica Rinaldi and Michael Bibens. He alleges that the defendants have denied him a kosher diet in violation of his religious beliefs. He asserts claims under the First and Eighth Amendments and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000ec, et seq. The defendants have moved for summary judgment. For the reasons that follow, the defendants’ motion is being granted.

I. Legal Standard

A motion for summary judgment may be granted only where there are no issues of material fact in dispute and the moving party is therefore entitled to judgment as a matter of law. Rule 56(a), Fed. R. Civ. P.; In re Dana Corp., 574 F.3d 129, 151 (2d Cir.2009). The moving party may satisfy his burden “by showing — that is pointing out to the' district court — that there is an absence of evidence to support the nonmoving party’s case.” PepsiCo, Inc. v. Coca-Cola Co., 315 F.3d 101, 105 (2d Cir.2002) (per curiam) (internal quotation marks and citations omitted). Once the moving party meets this burden, the non-moving party must set forth specific facts showing that there is a genuine issue for trial. Wright v. Goord, 554 F.3d 255, 266 (2d Cir.2009). He must present such evidence- as would allow a jury to find in- his favor in order to defeat the motion for summary judgment. Graham v. Long Island R.R., 230 F.3d 34, 38 (2d Cir.2000).

The nonmoving party “must offer some hard evidence showing that its version is not wholly fanciful.” D’Amico v. City of New York, 132 F.3d 145, 149 (2d Cir.1998). In addition, where the parties offer contradictory versions of the facts, one of which is “blatantly contradicted by the record,” the court should not adopt the unsupported version when ruling on a motion for summary judgment. Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007).

II. Factual Background1

The plaintiff is confined at Northern Correctional Institution. Rabbi Robert [26]*26Schectraan is an ordained rabbi. He was employed as a Jewish Chaplain by the Department of Correction for over fourteen years, until he retired on May 1, 2013. His duties included providing religious services to Jewish inmates and consulting with the Director of Religious Services on Jewish religious issues, such as kosher dietary requirements. Rabbi Schectman also consulted with and advised the Director of Food Services regarding kosher requirements for foods and food products. Rabbi Schectman personally observes kosher dietary laws and has provided affidavits to the court on this subject on prior occasions. Rabbi Schectman has spoken with the plaintiff on numerous occasions during the plaintiffs incarceration.

Rabbi Schectman is familiar with the Common Fare meal program. He developed the program in conjunction with the Islamic chaplains and expert dietary officials. He was responsible for on-going compliance and monitoring issues relating to the Common Fare menu for over thirteen years. Periodically, Rabbi Schectman visited the production kitchen at York Correctional Institution and the kitchens in other correctional facilities. He inspected the kitchens and reviewed policies and procedures, food labels and kitchen operations. He also conferred with correctional food service supervisors and the Islamic expert who accompanied him on site visits.

All of the foods included on the Common Fare menu may be eaten by kosher inmates. Rabbi Schectman’s duties included on-going monitoring for compliance with kosher dietary requirements. He is familiar with the requirements to maintain a kosher kitchen, including the requirement that all kosher items be kept separate and apart from non-kosher items. This separation extends to storage, handling, preparation and service. Rabbi Schectman has worked with the former and current Directors of Food Services regarding production of Common Fare meals. After reviewing the Common Fare menu and production kitchen, Rabbi Schectman advised Father Bruno, the Director of Religious Services, and the two Directors of Food Service, that the Common Fare menu, as produced in the Connecticut Department of Correction kitchens conforms to kosher requirements. Rabbi Schectman states that, in his opinion, to a reasonable degree of professional certainty the Common Fare meals provided to kosher inmates are prepared in a manner that maintains adequate separation of food groups and are in compliance with kosher dietary requirements.

Rabbi Praver, an ordained rabbi, is the current Jewish Chaplain for the Department of Correction. He assumed this position in October 2013. He provides religious services to Jewish inmates and consults with the Director of Religious Services on Jewish religious issues, including kosher dietary requirements. He also consults with the Director of Food Services regarding kosher requirements for foods and food production.

Rabbi Praver personally observes Jewish kosher dietary law. He is familiar with the Common Fare program, has inspected the production kitchen at York Correctional Institution, and has reviewed the procedures, menus and food labels on all items in the Common Fare program. On May 19, 2015, Rabbi Praver inspected the kitchen at Northern Correctional Institution and observed the food preparation and assembly of the individual meals that would be delivered to inmates at Northern Correctional Institution in individual styrofoam trays. He viewed the separate Common Fare food preparation area and the separate Common Fare refrigerator. He also inspected food labels, including the label [27]*27for the kosher cheese used in the cheese sandwiches provided.on the Common Fare menu.

Rabbi Praver observed that the dedicated Common Fare food production area has stainless steel surfaces. The pots and pans used to prepare Common Fare meals are all stainless steel as well. This area is separate from the Master menu food preparation area. The area is sterilized and washed with powerful chemicals prior to any food preparation. Rabbi Praver observed and confirmed that all Common Fare items were kept separate from items used in preparing food for the Master menu. The Common Fare trays were prepared first, placed in closed styrofoam containers and placed on the top shelves of the food serving carts to prevent contamination from food in the regular trays. The inmates working in the kitchen are properly trained in the need to keep Common Fare separate.

As part of his duties, Rabbi Praver monitors issues regarding the Common Fare menu and ensures compliance with all requirements as requested by the Director of Food Services. Periodically, Rabbi Praver inspects the production kitchens at York Correctional Institution to monitor the administration of the Common Fare policies, procedures and operations.

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Cite This Page — Counsel Stack

Bluebook (online)
171 F. Supp. 3d 22, 2016 U.S. Dist. LEXIS 35996, 2016 WL 2944525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-bruno-ctd-2016.