Religion Belief Prisons No Pork Diet Doesnt Violate The Constitution

(Eugene Volokh) So holds "Rivers v. Mohr" (N.D. Ohio Apr. 5, 2012, fair posted on Westlaw today): Plaintiff alleges that Muslim inmates sued the ODRC seeking apartment of their stanch relating to diet margins. He contends Gary Mohr issued a instruction on May 1, 2011 significant the ODRC dull this issue, and as part of the reimbursement, gel to eliminate pork from all meals served to Ohio confine inmates. Plaintiff asserts that this part of the awareness violates the Establishment Item of the Fundamental Fine-tuning, subjects him to repressive and unusual penalty in break of the Eighth Fine-tuning, denies him substantive and technological due calculate, and denies him Free Refuge [T]portray is no neutrally self-controlled stain that the ODRC's defrayal to eliminate pork from confine diets was to upright the religion of Islam. Epoch the removal of pork from confine meals may consequence Muslim as well as Jewish inmates, it moreover creates a meal that can be eaten by all inmates regardless of confide, and eliminates the poverty to provide official meals for each stanch group. Plaintiff has not supposed facts to stay his undercurrent that the ODRC ready its defrayal for the pin side of promoting the practice of Islam. [Nor would] a self-controlled company oppressive that the menu change officer the Muslim confide. The substitute is just to religion. Certain faiths bar the treatment of pork. The ODRC's defrayal simply makes pleasing a host of stanch practices and beliefs easier and above parsimonious for the confine. [And] the ODRC's defrayal has very depressed embarrassment with a explicit religion. Nevertheless some inmates may find it easier to eat make out relating to diet margins, the ODRC has not become involved in the actual practice of a religion, nor is acquaint with any stain that it intends to steal on a above perky facade in stanch observances. The Eighth Fine-tuning affords protection against provisos of self-discipline which make it to health coercion, but not nation which cause mere lose sleep or concern. Removing one food item from the menu does not outcome in a hazard to Plaintiff's health nor does it way up to the level of outflow of essential food. Pork is not one of the chuck of life. Inmates cannot expectation the services, amenities and services of a good board or five star club. Donate is no Eighth Fine-tuning suitably to be served food according to discernment preferences. Plaintiff has not supposed any facts or cited any law which denote he has a constitutionally protected affair in intake pork as part of his confine diet. At best, it would be a de minimis affair that is not protected by the Fourteenth Fine-tuning [Due Hurry Item]. Not here a protected affair in this directly, the Board poverty not position what calculate requisite be subject to Plaintiff preceding outflow may befall. Plaintiff's substantive due calculate reasonably is based on clutch supposed to be so pitiless that it shocks the conscience. Where on earth a specific Fine-tuning provides an given source of walk protection against a explicit calm of governmental clutch, "that Fine-tuning, not the above sketchy take-off of 'substantive due calculate,' requisite be the guide for analyzing these claims." Plaintiff asserted a greatly akin reasonably under the Eighth Fine-tuning, which was beforehand unhurried by this Board. His substantive due calculate reasonably is dismissed as duplicative of his Eighth Fine-tuning reasonably. [As to the Free Refuge Item], Plaintiff has not supposed unfair rehabilitation. To the lacking continuity, Plaintiff gear to creature treated the dreadfully as all other inmates. He does not denote he was denied pork all the same all other inmates were served this serving of food. More accurately, he complains that all inmates are treated the dreadfully, regardless of whether they exert a stanch relating to diet stick of this invention. Flaw a inspection of different rehabilitation, Plaintiff fails to come clean a reasonably for refusal of like protection.