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Bass v. Coughlin

United States Court of Appeals, Second Circuit
Sep 24, 1992
976 F.2d 98 (2d Cir. 1992)

Summary

holding that Supreme Court decisions allowing prison officials to "meet less exacting standards when a prisoner's interest in marrying, or attending religious ceremonies, or maintaining the length of his hair is to be balanced against interests of rehabilitation and prison security" did not undermine this court's holding "that prison officials must provide a prisoner a diet that is consistent with his religious scruples"

Summary of this case from Anderson v. Recore

Opinion

No. 84, Docket 91-2602.

Submitted September 17, 1992.

Decided September 24, 1992.

Warren Bass, plaintiff-appellee pro se.

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y. (Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, and Martin A. Hotvet, Asst. Attys. Gen., of counsel), for defendants-appellants.

Appeal from the United States District Court for the Northern District of New York.

Before: KEARSE, PRATT and McLAUGHLIN, Circuit Judges.


Defendants Thomas A. Coughlin, III, et al., New York State prison officials, appeal from an order of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, denying their motion for summary judgment on the ground of qualified immunity in connection with their rejection of requests in 1989 and 1990 by plaintiff Warren Bass, a prisoner, for meals prepared in accordance with the dietary laws of his religion. Defendants contend that though the state of the law requiring compliance with such requests had once been clear, it was beclouded by subsequent Supreme Court decisions. We disagree. At least as early as 1975, it was established that prison officials must provide a prisoner a diet that is consistent with his religious scruples. See Kahane v. Carlson, 527 F.2d 492 (2d Cir. 1975). Kahane has never been overruled and remains the law. See, e.g., Benjamin v. Coughlin, 905 F.2d 571, 579 (2d Cir.), cert. denied, ___ U.S. ___, 111 S.Ct. 372, 112 L.Ed.2d 335 (1990). The principle it established was not placed in any reasonable doubt by intervening Supreme Court rulings in O'Lone v. Estate of Shabazz, 482 U.S. 342, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987), and Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987), that prison officials need meet less exacting standards when a prisoner's interest in marrying, or attending religious ceremonies, or maintaining the length of his hair is to be balanced against interests of rehabilitation and prison security.

Accordingly, we affirm the denial of defendants' summary judgment motion substantially for the reasons stated in the district court's opinion published at 800 F.Supp. 1066 (N.D.N.Y. 1991).


Summaries of

Bass v. Coughlin

United States Court of Appeals, Second Circuit
Sep 24, 1992
976 F.2d 98 (2d Cir. 1992)

holding that Supreme Court decisions allowing prison officials to "meet less exacting standards when a prisoner's interest in marrying, or attending religious ceremonies, or maintaining the length of his hair is to be balanced against interests of rehabilitation and prison security" did not undermine this court's holding "that prison officials must provide a prisoner a diet that is consistent with his religious scruples"

Summary of this case from Anderson v. Recore

holding that prison officials were not entitled to qualified immunity when they refused inmate's religiously motivated dietary requests

Summary of this case from Jackson v. Mann

reaffirming Kahane v. Carlson, 527 F.2d 492, 495 (2d Cir. 1975) (finding that Orthodox Jewish inmate had right to provision of kosher meals)

Summary of this case from McEachin v. McGuinnis

reaffirming Kahane v. Carlson, 527 F.2d 492, 495 (2d Cir. 1975) (finding that Orthodox Jewish inmate had right to provision of kosher meals)

Summary of this case from James v. Taylor

reaffirming Kahane v. Carlson, 527 F.2d 492 (2d Cir. 1975) that established that an Orthodox Jewish inmate had a right to kosher meals

Summary of this case from Cardew v. Bellnier

reaffirming Kahane v. Carlson, 527 F.2d 492, 495 (2d Cir. 1975) (finding that Orthodox Jewish inmate had right to provision of kosher meals)

Summary of this case from Ward v. Rabideau

reaffirming Kahane v. Carlson, 527 F.2d 492, 495 (2d Cir. 1975) (finding that Orthodox Jewish inmate had right to provision of kosher meals)

Summary of this case from Ward v. Rabideau
Case details for

Bass v. Coughlin

Case Details

Full title:WARREN BASS, PLAINTIFF-APPELLEE, v. THOMAS A. COUGHLIN, III, RAYMOND…

Court:United States Court of Appeals, Second Circuit

Date published: Sep 24, 1992

Citations

976 F.2d 98 (2d Cir. 1992)

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