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JewishJournal.com

August 11, 2011

Judge rules U.S. inmate has no right to matzah

http://www.jewishjournal.com/religion/article/judge_rules_us_inmate_has_no_right_to_matzoh_20110811

Photo of machine-made Shmura Matzo eaten during Passover week. Photo taken on April 12, 2006 by Yoninah.

Photo of machine-made Shmura Matzo eaten during Passover week. Photo taken on April 12, 2006 by Yoninah.

A U.S. federal judge has ruled that an inmate in a New York jail does not have a constitutionally protected right to matzah and grape juice.

Christopher Henry, who was charged with first-degree sodomy, claimed permanent trauma and malnourishment and requested nearly $10 billion in damages for what he called a violation of his First Amendment right to religious freedom.

Henry didn’t request matzah for Passover, the Jewish holiday during which it is traditionally eaten. Instead, Henry claimed he had a right to have the unleavened bread served daily and grape juice every Friday.

But on Aug. 2, U.S. Southern District Judge Shira Scheindlin held that the Rikers Island jail could deny Henry his request in the interests of maintaining order and keeping costs reasonable.

“Providing individualized meals to a single inmate might well foster an impression of favoritism, which could lead to jealousy and resentment among the inmate population, which in turn could cause tension and threaten prison security,” she wrote.

“Similarly, providing individualized meals to one or several inmates would involve a substantial increase in administrative costs.”

Scheindlin noted that Henry already receives Kosher meals and is allowed to meet with a rabbi.

Henry, who represented himself, has filed a number of lawsuits against the department of corrections, including claims based on the permitted length of phone calls and lack of conjugal visits.

(Reporting by Joseph Ax; Editing by Noeleen Walder)

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