Jackson v. Mann

196 F.3d 316, 1999 WL 1005146
CourtCourt of Appeals for the Second Circuit
DecidedNovember 5, 1999
DocketDocket No. 97-2968
StatusPublished
Cited by61 cases

This text of 196 F.3d 316 (Jackson v. Mann) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Mann, 196 F.3d 316, 1999 WL 1005146 (2d Cir. 1999).

Opinion

McLAUGHLIN, Circuit Judge:

BACKGROUND

Because this is an appeal from a grant of summary judgment for defendants, we review the evidence in the light most favorable to the plaintiff, the nonmoving party-

Nathaniel Jackson, an African-American, has been an inmate in the New York State prison system since 1986. When Jackson entered the prison system in 1986, he identified himself as Jewish. Jackson thereafter participated in the prison system’s alternative kosher diet program at various correctional facilities until his transfer to Shawangunk Correctional Facility (“Shawangunk”) in August 1995. Under New York Department of Correctional Services (“DOCS”) policy, eligibility for the kosher diet program is determined by a prison’s Jewish Chaplain “through a process of interview and review of documentation to substantiate the inmate’s Judaic background and intent to strictly observe Jewish dietary law.”

[318]*318Upon his arrival at Shawangunk, Jackson again listed his religious preference as Jewish and asked to be placed in the kosher diet program so that he could receive kosher meals as part of his religious practice. His request was granted pending a formal determination of his eligibility for the kosher diet program by the prison’s Jewish Chaplain, Rabbi Goodman. Rabbi Goodman told Jackson that he could approve a kosher diet only if Jackson was in fact Jewish. There are only two ways to be Jewish, Rabbi Goodman explained: you had to be born Jewish or had to have completed a formal conversion process.

Jackson disagreed with these strictures and claimed that he was Jewish because he read the Torah and ate kosher food. He told Rabbi Goodman that his prison records would confirm his Jewish status. The rabbi gave Jackson a Congregational Questionnaire which asked about his Jewish practices, but Jackson only partially completed it. Jackson later told Rabbi Goodman that he had indeed been born Jewish, but the rabbi was unable to reach Jackson’s mother to substantiate this claim and Jackson himself declined to contact his mother for “fear of upsetting her.”

In September 1995, based on Rabbi Goodman’s finding that Jackson had-not offered sufficient evidence that he is Jewish, Jackson was removed from the kosher diet program. He refused for eight days to eat the non-kosher food provided to him.

Previously, in August 1995, Jackson had filed a grievance with the Shawangunk Inmate Grievance Resolution Committee (“IGRC”) complaining that he was being denied a kosher diet. Duane Taylor, an Inmate Grievance Supervisor, met with Jackson and agreed to investigate his complaint. After several meetings with Jackson, Taylor forwarded the grievance to Louis Mann, the Superintendent of Sha-wangunk, who denied it on the grounds that Jackson had not completed the questionnaire and that it was beyond the scope of the IGRC to determine whether or not Jackson was Jewish, especially while Rabbi Goodman was in the process of doing just that. Mann’s decision was later reviewed and confirmed by the Central Office Review Committee, which noted that Jackson could not be considered Jewish because he did not provide Rabbi Goodman with the proper acceptable documentation as prescribed by the New York Board of Rabbis. Paul Levine, the Deputy Superintendent of Shawangunk, then sent Jackson a memo reiterating that his eligibility for participation in the kosher diet program depended on more than his just saying that he is Jewish.

In late 1995, Jackson commenced this pro se action under 42 U.S.C. § 1983 against Rabbi Goodman and various other prison officials in the United States District Court for the Northern District of New York (McAvoy, C.J.). He alleged that the prison officials’ refusal to provide him with a kosher diet violated his rights under: (1) the Free Exercise Clause of the First Amendment; (2) the Fourteenth Amendment Equal Protection and Due Process Clauses; and (3) the Eighth Amendment’s provisions against cruel and unusual punishment. Jackson later added a Religious Freedom Restoration Act claim in an amended complaint.

He sought money damages and an injunction requiring the prison officials to provide him with a kosher diet. Jackson also moved for a preliminary injunction, but that motion was denied as moot when the prison officials agreed to provide him with kosher meals pending the outcome of this litigation. Apparently that agreement remains in effect, and Jackson continues to receive kosher meals. Preferring to remain embroiled in this litigation, however, prison officials have refused to grant Jackson such meals indefinitely.

After some discovery, Jackson moved for summary judgment arguing that he had practiced Judaism both before and during his incarceration, and that he followed Jewish dietary laws. Jackson at[319]*319tached an affidavit, purportedly from his mother, “Mary Jackson,” stating that she had raised him according to the Jewish faith. He also attached prison records listing his religious preference as Jewish and institutional records showing that he had participated in kosher diet programs at other New York prison facilities.

The prison officials cross-moved for summary judgment. They argued that: (1) Jackson did not demonstrate that he was Jewish; (2) his claims failed under the (now invalidated) Religious Freedom Restoration Act, 42 U.S.C. § 2000 bb-1 (1993); and (3) they were protected by qualified immunity. The prison officials attached an affidavit from Rabbi Goodman, in which he stated that a Jew is a person who is born Jewish or has formally converted to Judaism. In his affidavit, Rabbi Goodman stated that Jackson never claimed to have formally converted to Judaism and that various statements in Jackson’s institutional records conflicted with Jackson’s assertion that he had been born Jewish. Specifically, Jackson’s records showed that: (1) in 1981 he indicated that he followed no religion; (2) in 1982 he changed his religious status from “none” to Muslim; and (3) in 1983 he again apparently indicated that he had no religious beliefs. Accordingly, Rabbi Goodman found that Jackson had failed to show that he was Jewish.

The district court granted summary judgment to the prison officials and denied Jackson’s motion. The district court addressed only Jackson’s free exercise claim. Relying on Rabbi Goodman’s statement that “a Jew is one who was born Jewish or has formally converted,” the court found that Jackson had produced no proof that he was a Jew according to the practices of the Jewish religion, and concluded:

The New York State Department of Correctional Services, in adhering to the[ ] standards [of the Jewish religion], is not denying plaintiff access to the steps necessary to become Jewish. They [sic] are merely restricting the “Alternative Kosher Diet” program to those inmates who are in fact This being the case, there are no triable issues of fact.

The district court then dismissed Jackson’s action in its entirety.

Jackson now appeals with counsel appointed by this Court. This Court has already dismissed Jackson’s appeal against defendants Taylor and Brunson.

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Bluebook (online)
196 F.3d 316, 1999 WL 1005146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-mann-ca2-1999.