On August 14, 2012, the U.S. Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Southern District of Florida on behalf of Jewish prisoners under 42 U.S.C. § 2000cc-2(f) and 28 U.S.C. §§ 2201 and 2202 against the Florida Department of Corrections. The DOJ asked the court for declaratory and injunctive relief, claiming that defendant violated religious freedoms granted by the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Specifically, plaintiffs claimed that the Florida Department of Corrections violated RLIUPA and substantially burdened the prisoners' religious exercise by not offering kosher meals to inmates.

On May 15, 2013, Muslim prisoners filed a motion to intervene, seeking halal, or in the alternative, kosher meals for Muslim prisoners who observed halal dietary laws. Judge Patricia A. Seitz denied the motion on September 6, 2013. 2013 WL 4786829.

The court issued a preliminary injunction on December 6, 2013. It required the defendants to provide a kosher diet program to all prisoners with a sincere religious belief by July 2014. It also enjoined three of the state’s methods for issuing a religious diet program: 1) the Orthodox sincerity test, 2) the “ten-percent rule,” which removed a prisoner from the Religious Diet Program for missing ten percent of meals within a month, and 3) a zero tolerance rule that suspended the kosher diet for prisoners who were caught eating non-kosher once, without opportunity to contest suspension.

The defendants filed motions for a stay of the preliminary injunction both to the Eleventh Circuit and the district court. The motions contested the enjoining of the three “tests” for granting a kosher diet as well as the July 2014 deadline for compliance. The Eleventh Circuit denied the motion for a stay in May 2014. The district then denied the motion for stay in June 2014. On June 27, 2014, the Circuit remanded to the district court to alter the July deadline.

On February 27, 2015, the Eleventh Circuit dismissed the defendant's remaining appeals of the preliminary injunction because of mootness. It ruled that under the Prison Litigation Reform Act (PLRA), which governs all RLUIPA challenges, a preliminary injunction would expire automatically after 90 days unless the court “makes the findings required under subsection (a)(1) for the entry of prospective relief. . .” and “makes the order final before the expiration of the 90-day period.” 18 U.S.C. § 3626(a)(2). The district court made neither finding, so the preliminary injunction expired in March 2014.

Judge Seitz ruled on the summary judgment motions for declaratory relief and permanent injunctions on April 30, 2015. 2015 WL 1977795. Declaratory relief was granted to the plaintiffs for three claims. The court held that the defendant violated RLUIPA through 1) denial of a kosher diet to sincere prisoners, 2) its “ten-percent rule”, and 3) its zero tolerance rule.

Summary judgment was also granted to the defendants on two claims, declaring that 1) the doctrinal sincerity test for a special diet did not violate RLUIPA as long as it was not unduly weighted in determining sincerity, and 2) an anti-bartering policy did not violate RLUIPA.

The court then issued its final ruling on a permanent injunction on August 12, 2015. 2015 WL 4768247. The injunction ordered the defendants to 1) offer a kosher diet to all prisoners with a sincere religious basis for keeping kosher, 2) end the ten percent rule, and 3) stop enforcement of the zero tolerance rule without an opportunity for prisoners to contest their removal or suspension. The court then furthered ordered that the defendants create auditing and training procedures, produce both monthly and quarterly reports, and open access of their facilities to the Federal Dept. of Corrections. It provided a thirty day period to cure the failures in the kosher diet program.

On September 11, 2015, the defendants appealed the order. On July 14, 2016, the Eleventh Circuit (Judges William Pryor, Jill Pryor, Richard Story) denied the appeal, holding that the defendants had not proved a compelling governmental interest for not providing kosher meals to the inmates. Moreover, the court stated that even if the defendants had a compelling governmental interest, there was no proof that denying kosher meals was the least restrictive means of furthering that interest.

Over the following months, the court continued to receive reports on compliance with the order and also fielded grievances from prisoners denied entry into the kosher diet program (though none received an additional hearing). A hearing was held on October 23, 2018, when the parties discussed the quarterly and monthly reports, the auditing process and filing a joint motion to terminate the injunction. The the joint motion to terminate the injunction and declaratory judgement was filed on December 5, 2018.

On January 9, 2019, the court ordered the motion to terminate the injunction to be granted following two years without evidence of violation. However, the court denied the motion to terminate the declaratory judgement to ensure the Department of Corrections continues to have a legal responsibility to meet religious dietary preferences.

During April and May, prisoners mailed motions requesting enforced relief and inquiring into updates in the proceedings. On May 22, 2019, the court denied the motion to enforce relief from the previously entered permanent injunction. However, the permanent injunction was dissolved on January 9, 2019, and there was no injunction to enforce.

As of October 31, 2019, the declaratory judgement remains in effect ensuring the Department of Corrections to meet the religious dietary preferences of prisoners.

Christina Bonanni - 10/18/2013
Dan Hofman - 04/10/2016
Daniele de Oliveira Nunes - 11/02/2018
Emma Himes - 10/31/2019


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