Tirtha in Prison
The Definitive Guide to Practicing Krsna Consciousness in Prison

Part 12: Legal Case Law

The following are case law citations that apply to Hare Krsna religious practitioners in prison. While it isn't a complete list, it should give you a good starting point in your legal research.

Salahuddin v. Coughlin 999 F. Supp 526 S.D.N.Y. 1998
Turner v. Safley 482 U.S. 78 (1987)
Beerheide v. Zavaras 997 F. Supp. 1405 (D. Colo. 1998)
Werner v. McCotter, 49 F3d. 1476 1479 (10th Cir. 1995)
Lefevers v. Saffle 936 F2d. 1117 (10th Cir. 1991)
Searles v. Van Bebber 993 F. Supp 1350 (D. KS 1998)
O'Lone v. Estate of Shabazz 107 S. CT. 2400 (1987)
Ward v. Walsh 1F 3d. 873 ((th Cir. 1992)
Washington v. Garcia 977 F. Supp. 1067 (SD CA 1997)
McElvea v. Babbitt 833 F2d. 196 (9th Cir. 1987) Nutrition
Ashelman v. Wawrzaszek 111 F3d. 674 (9th Cir. 1997) Nutrition
Hayes v. Long 72 F3d. 70 (8th Cir. 1995) Can't be forced to handle meat
Beerheide v. Suthers, 82 F. Supp. 2d 1190 (D. Colo. 2000)
Chatin v. Coombe, 186 F. 3d 82 (2nd Cir. 1999)
Searles v. Von Bebber, 64 F. Supp. 2d. 1033 (D. Kan. 1999)
DeHart v. Horn, 227 F. 3d 47 (#rd Cir. 2000)
Pitre v. Bon, Case #CS-020004WFN (E.D. Wa. 2002) Unpublished
Hamilton v. Schriro, 74 F3d. 1545 (8th Cir. 1996)
Bass v. Coughlin, 976 F2d. 99 (2nd. Cir. 1992)

    (per curiam at 99: At least as early as 1975, it was established that prison officials must provide a prisoner with a diet that is consistent with his religious scruples... Kahane has never been overruled and remains the law... the principles it established was not placed in any reasonable doubt by intervening Supreme Court rulings in [O'lone v. Turner], that prison officials need meet less exacting standards... when his rights are to be balanced against the interests of rehabilitation and prison security.

McKinney v. Mynard, 952 F. 2d. 350 (10th Cir. 1991)
Al-Alamin v. Gramley, 926 F. 2d 680 (7th Cir. 1991) Prison officials must be evenhanded in providing opportunities for religious practice At 686.
Divers v. DOC, 921 F. 2d 191 (8th Cir. 1990)

On November 12, 2003 by agreeing to accord approved Kosher Diet Program, California DOC program established guidelines for foods used, prepared and for sanitation and safety. It promulgates rules to qualify applicants, monitor their strict conformance to Jewish dietary laws at all times and provide for the Program inclusion and expulsion. A Jewish Chaplain, under supervision of an Orthodox or Conservative rabbi, shall oversee the determination of all questions related to the Program's implementation.

This case represents the best settlement agreement to date. It covers all aspects of what any Hare Krsna practitioner would need for dietary requirements. See Cooper v. State of California, U.S. D.C. (N.D. Cal., San Francisco Division, Case No. C02-3712JSW Settlement Agreement and Release of All Claims, November 12, 2003.

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