United States District Court, D. Maryland
RICHARD D. BENNETT, UNITED STATES DISTRICT JUDGE
Hadden Clark, an inmate committed to the custody of
Maryland's Division of Correction and confined at Eastern
Correctional Institution (ECI) in Westover, Maryland, filed
this civil rights suit alleging his right to freely practice
his religion has been infringed. ECF 1. In response,
Defendant Warden Ricky Foxwell filed a Motion to Dismiss or
for Summary Judgment. ECF 18. Plaintiff opposes the motion.
ECF 20. No. hearing is necessary to determine the matters
pending before the Court. See Local Rule 105.6 (D.
Md. 2016). For the reasons that follow, Defendant's
motion, construed as a Motion for Summary Judgment, shall be
granted and Plaintiffs pending Motions for Appropriate Relief
(ECF 21 and 23) shall be denied.
claims that following his transfer from Western Correctional
Institution to ECI he was not permitted to receive Kosher
meals which is required by his Jewish faith. He states that
on a number of occasions items were missing from his meal
tray and complains that he was provided with a vegetarian
meal instead of a Kosher meal. He alleges he should not be
provided a vegetarian meal as he does not follow a vegetarian
diet. ECF 1-1 at pp. 1-2. He attaches to his complaint four
administrative remedy procedure complaints (ARPs). ECF 1-1 at
pp. 3-8. None of the ARPs include a response and three
contain notations that they were dismissed for procedural
reasons. Id. In one of his ARPs, ECI-0966-17,
Plaintiff claims that on April 12, 2017, he was told by
Chaplain Khattak that Plaintiff is not Jewish and that is why
he was not provided with a Kosher meal in observance of
Passover. ECF 1-1 at p. 3.
April 13, 2017, Plaintiff claims he was missing items from
his lunch tray and when he asked the tier officer to call the
kitchen, a message was relayed to him from Chaplain Khattak
by Officer Holland. ECF 1-1 at p. 4. Plaintiff alleges that
Khattak told Holland that if Plaintiff did not
like what the kitchen provides, Plaintiff should sign off of
the Kosher diet. Id. Plaintiff states that this
response violates the ECI handbook which assures he can
practice the religion of his choice. Id.
April 14, 2017, Plaintiff claimed in ARP ECI-0931-17 that he
was not being allowed to celebrate Jewish holidays and
therefore could not practice the religion of his choice. ECF
1-1 at p. 5.
April 17, 2017, Plaintiff claims he did not get all of his
food for lunch or dinner. ECF 1-1 at p. 2.
April 18, 2017, Plaintiff claims he did not get all of his
food, that the eggs were not cooked properly, and his tray
did not have "Kosher tape" on it. Id.
3, 3017, Plaintiff alleges he did not get all of his food.
7, 2017. Plaintiff claims that other inmates put feces in his
7. 2017. Plaintiff states that the dietary department at ECI
tried to get him to sign off of the Kosher meal plan.
Id. The following day, he claims he again did not
receive all of his food. Id.
October 18, 2017, Plaintiff complains that he was given
vegetarian meals for breakfast, lunch, and dinner.
Id. He claims that Sgt. Wilson called the dietary
officer and Wilson was informed that the Kosher meals are the
same as the vegetarian meals. ECF 1-1 at pp. 2, 8.
October 26, 2017, Plaintiff states he was told by Officer
Holland that Kosher inmates get the same diet as vegetarian
inmates. Id. at p. 2.
relief, Plaintiff seeks to be reimbursed for the filing fee
associated with this case and for compensatory damages
against Warden Foxwell in the amount of 45 thousand dollars.
ECF 1 at p. 3. Alternatively, Plaintiff seeks a transfer via
the Interstate Corrections Compact (ICC) to New Hampshire.
states that Plaintiff was transferred to ECI on January 13,
2017, and on January 29, 2017, requested to be placed on a
Kosher diet. ECF 18 at Ex. 2. Plaintiff began receiving a
Kosher diet on February 1, 2017. Id. at Ex. 2, Ex.
explains that Kosher meals include fish and vegetarian food,
but if there is no fish being served the meal is entirely
vegetarian. ECF 18 at Ex. 2. He further states that there is
no requirement for meat or fish to be included in a Kosher
Passover, inmates on the Kosher meal plan receive a Seder
plate on the first two nights of Passover. Id.
Khattak arranged for ECI Jewish inmates to receive a Seder
plate beginning April 10, 2017. Id. Plaintiff
received a Seder plate. Id. There are ...