816 F. App'x 570
2d Cir.2020Background
- Plaintiff Wayne Washington (pro se) and six other Nation of Islam (NOI) prisoners challenged DOCCS policies at Auburn concerning selection of kitchen workers for Muslim religious holidays and the adequacy/compliance of meals served during Ramadan 2014.
- Plaintiffs alleged violations of the First and Fourteenth Amendments and RLUIPA based on a policy allowing non-NOI kitchen workers to prepare NOI religious meals and on allegedly noncompliant Ramadan meals.
- A magistrate judge recommended granting defendants’ summary judgment motion; the district court adopted the recommendation and entered judgment for defendants; Washington alone appealed.
- The record includes DOCCS evidence (statement of the Director of Nutritional Services) that the meals were nutritionally sufficient and that plaintiffs could eat at least part of each meal; plaintiffs submitted no evidence of weight loss or nutritional deficiency.
- Washington conceded that non-NOI status of kitchen workers was “not necessarily the issue,” focusing instead on hygiene concerns; plaintiffs’ evidence of unequal treatment relied on a single affidavit about a Rastafarian inmate.
- The Second Circuit affirmed: RLUIPA claims were moot by transfer; Washington failed to show a substantial burden on Free Exercise or that defendants applied the policy unequally.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RLUIPA claim viability | RLUIPA protects right to religious meals and practices; relief available for policy and meal violations | Washington’s transfer moots claims for injunctive/declaratory relief; RLUIPA does not permit money damages | Moot: transfer to another facility mooted RLUIPA claims; no challenge on appeal |
| Free Exercise — kitchen-worker policy | Policy allowing non-NOI kitchen workers to prepare NOI meals substantially burdens NOI prisoners’ religious exercise | Policy did not affect who actually prepared meals with respect to hygiene or religiously relevant practices | No substantial burden: Washington admitted non-NOI status not necessarily dispositive and produced no evidence linking policy to hygiene or religious violation |
| Free Exercise — Ramadan meal sufficiency | Noncompliant meals forced plaintiffs to choose between nutrition and religious observance (breaking fast or eating prohibited food) | Meals provided sufficient nutrition and plaintiffs could eat parts of meals; no evidence of compelled violation or nutritional harm | No substantial burden: nutritional sufficiency shown and plaintiffs provided no contrary evidence (e.g., weight loss) |
| Equal Protection — unequal application | Defendants treated NOI differently; offered example of a Rastafarian inmate allowed to prepare Rastafarian holiday food | Selection of non-kitchen co-religionists permitted by policy when no approved kitchen worker existed; affidavit insufficient to show disparate treatment or rule violations | No genuine dispute: affidavit alone did not show similarly situated treatment or rule deviation; equal protection claim failed |
Key Cases Cited
- Salahuddin v. Goord, 467 F.3d 263 (2d Cir. 2006) (prisoner transfer generally moots claims for injunctive or declaratory relief against officials of that facility)
- Holland v. Goord, 758 F.3d 215 (2d Cir. 2014) (RLUIPA damages unavailable; discussion of substantial-burden framework)
- Ford v. McGinnis, 352 F.3d 582 (2d Cir. 2003) (Free Exercise rights of prisoners include right to religiously compliant meals)
- McEachin v. McGuinnis, 357 F.3d 197 (2d Cir. 2004) (discussion of prisoners’ First Amendment religious rights)
- Thompson v. Holm, 809 F.3d 376 (7th Cir. 2016) (substantial burden where prisoner forced to choose between adequate nutrition and religious tenet)
- Kahane v. Carlson, 527 F.2d 492 (2d Cir. 1975) (prison must provide diet sufficient to sustain health without violating dietary laws)
- Brandon v. Kinter, 938 F.3d 21 (2d Cir. 2019) (declining to decide threshold substantial-burden requirement and applying that test where parties did not contest it)